THE TRIAL AND CONDEMNATION OF Dr OLIVER PLUNKET Titular PRIMATE of IRELAND, FOR HIGH-TREASON, At the Bar of the Court of King's Bench, at Westminster, in Trinity Term, 1681.  

I do appoint Francis Titan, and Thomas Basset, to Print the Trial of Oliver Plunket.  
Fr. Pemberton.   
DUBLIN, Printed by Joseph Ray at Colledge-Green, for Eliphal Dobson Bookseller on Cork-hill. 1681.   

The TRIAL and CONDEMNATION of Dr. OLIVER PLUNKET Titular Primate of IRELAND.  
THE Third of May 1681. in Easter 33. Carol. Secund. Reg. Dr. Oliver Plunket was arraigned at the Kings-Bench Bar for High Treason for endeavouring and compassing the King's Death, and to levy War in Ireland, and to alter the Religion there, and to introduce a foreign Power, and at his Arraignment, before his Plea, he urged for himself, that he was indicted of the same High Treason in Ireland, and arraigned, and at the day for his Trial the Witnesses against him did not appear, and therefore he desired to know if he could be tried here for the same Fact? The Court told him, that by a Statute made in this Kingdom, he might be tried in the Court of Kings-Bench, or by Commission of Oyer and Terminer in any part of England, for Facts arising in Ireland, and that his Arraignment there (he being never tried upon it) was not sufficient to exempt him from being tried here; because till a Trial be passed, and there be a Conviction or Acquittal thereupon, an Arraignment, barely, is no Plea: For in such Cases the party is not put twice in danger of his Life, which only is the thing the Law in such Cases looks after to prevent. He then desired time for his Witnesses, which they told him he could not do till after Plea pleaded; whereupon he pleaded Not Guilty, and put himself upon the Country for his Trial; and after some consideration had about time to be allowed him to bring his Witnesses from Ireland, the Court appointed the day for his Trial, to be the first Wednesday in next Term, which was full Five week's time.  
And accordingly on Wednesday the 8th. of June, in Trinity Term, he was brought to his Trial, and Proclamation, as in such Cases is usual, being made, it proceeded thus.  Clerk. of Crown. 
Oliver Plunket, hold up thy Hand, those good men which thou shalt hear called and personally appear, are to pass between, etc.  Plunket. 
May it please your Lordship, I have been kept close Prisoner for a long time, a year and an half in Prison; when I came from Ireland hither, I was told by persons of good repute, and a Counsellor at Law, that I could not be tried here; and the reasons they gave me were, that first the Statute of Hen. 8. and all other Statutes made here, were not received in Ireland, unless there were an express mention made of Ireland in them: So that none were received there but such as were before poinding's Act. So I came with that persuasion that I could not be tried here, till at my Arraignment your Lordships told me it was not so, and that I must be tried here, though there was no express mention made of Ireland. Now, my Lord, upon that, whereas my Witnesses were in Ireland, and I knew nothing of it, and the Records upon which I very much rely were in Ireland, your Lordship was pleased to give me time from the 4th. of the last month to this day; and in the mean time, as your Lordship had the Affidavit here yesterday, and as Captain Richardson can testify, have not dispatched only one, but two to Ireland: into the Counties of Armagh, Dublin, etc. and where there were Records very material to my Defence: but the Clerk of the Crown would not give me any Copy of any Record at all, unless he had some express Order from your Lordship▪ So that whether it were that they were mistaken, or wilfully refused. I could not get the Records which were very material for me. For in some of those Records some of these that accuse me were convicted of high Crimes, and others were Outlawed and Imprisoned, and broke Prison; and there were other Records also of Excommunication against some of them, and I could not get the Records, unless your Lordship would instruct me in some way or other, how I can get over them that are most material for my Defence. The Servants that I sent hence, and took Shipping for Ireland, were two days at Sea, and cast back again, and from thence were forced to go to Holly Head, and from Holly Head in going to Dublin they were thirteen or fourteen days, the Winds were so contrary; and then my Servant went about to go into the County of Armagh and Derry, that were a Hundred miles from Dublin, and Meath, and other places; so that in so short a time, my Lord, it was morally impossible for them to have brought the Witnesses over; and those that were ready to have come, would not stir at all, unless they had a Pass from hence, because some of them were Roman Catholics, and they had heard that here some were taken Prisoners that were Roman Catholics, and that none ought to come without a Pass; and they being Witnesses against the King, they might be clapped up here, and brought into very ill condition: so they sent one over that made Affidavit.  L. C. J. 
It was the Affidavit was read here yesterday.  Plunket. 
So that, my Lord, I conceive your Lordship will think I did it not out of any intent to put off my Trial; for Captain Richardson is here, who knows that I writ by the Post, and desired them to come with the Pacquet-Boat, and they writ over to the Captain after they were landed; so that I depended upon the Wind and the Wether for my Witnesses, and wanted your Lordship's Order for the Records to be brought over, and that their Examination might be brought into Court, and their own original Examination here might be compared with it. So I humbly beg your Lordship's favour, the Case is rare, and scarce happens in five hundred years, that one should be in my circumstances. I am come here where no Jury knows me, nor the Quality of my Adversaries; If I had been in Ireland I would have put myself upon my Trial to morrow without any Witnesses, before any Protestant Jury that knew them and me. And when the Orders went over, that I should be tried in Ireland, and that no Roman Catholic should be upon the Jury, and so it was in both the Grand and other Jury; yet then when I came to my Trial, after I was arraigned, not one appeared: This is manifest upon the Record and can be proved.  L. C. J. 
There was no Prosecution of you there.  Plunket. 
But, my Lord, here is no Jury that knows me, or the quality of my Adversaries; for they are not a Jury of the Neighbourhood that know them, and therefore my Case is not the same with other Cases. Though I cannot harbour, nor do not, nor will not, nor ought not, the least conceit of hard measure and injustice; yet if I have not full time to bring my Records and Witnesses altogether, I cannot make my Defence. Some were there then, some afar off, so that it was a miracle that in six or seven Counties they could do so much as they did: But they got in seven or eight of them, yet there were five or six wanting: Therefore I beseech your Lordship that I may have time to bring my Records and Witnesses, and then I will defy all that is upon the Earth and under the Earth to say any thing against me.  L. C. J. 
Look you, Mr. Plunket, 'tis in vain for you to talk and make this discourse here now; you must know, that by the Laws of this Kingdom, when a man is indicted and arraigned of Treason or Felony, 'tis not usual to give such time; 'tis rare that any man hath had such time as you have had, five week's time to provide your Witnesses: If your Witnesses are so cautions, and are such persons that they dare not, or will not venture for fear of being apprehended, or will not come into England, without such and such cautions, we cannot tell how to help it; we can't furnish you with Witnesses, you must look to get your Witnesses yourself; if we should stay till your Witnesses will come, perhaps they will never come here, and so you will escape out of the hands of Justice. Do not be discouraged in this, the Jury are strangers to you peradventure, but they are honest Gentlemen, and you shall have no other upon your Jury; and you may be confident, that if there be not some Fact proved against you, that may amount to Treason, you shall be discharged; they are persons that understand so much, and we will direct them so much. You shall have as fair a Trial as if you were in Ireland; but for us to stay for your Witnesses, or send you back to Ireland, we cannot do it: Therefore you must submit to your Trial. We heard your Affidavit yesterday, and we did then tell the Gentlemen that moved it, as much as we tell you. You are here to be tried, look to the Jury as they are called, and except against them if you will.  Plunk. 
My Lord, I desire only to have the favour of time, some time this Term.  L. C. J. 
We can't do it.  Cl. of Cr. 
Swear Sir John Roberts.  Plunk. 
I humbly present this to your Lordship, I am then in eminent danger of my Life, if I cannot get ten days to have my Witnesses over: I desire I may have but to the 21th. of this month, and then if they do not come you may go on.  L. C. J. 
We cannot do it, you have had five week's time already.  Plunk. 
I desire but a few days.  Cryer. 
Sir John Roberts, take the Book, look upon the Prisoner; You shall well and truly try, etc.  Plunket. 
My Lord, I desire to know whether they have been of the Juries of Langhorn, or the Five Jesuits, or any that were condemned?  L. C. J. 
What if they have? that is no exception.  
Then the Jury was sworn, whose Names follow. 

Sir John Roberts,  
Thomas Harriot,  
Henry Ashurst,  
Ralph Bucknall,  
Richard Gowre,  
Richard Pagett,  
Thomas Earsbie,  
John Hayne,  
Thomas Hodgkins,  
James Partherich,  
Samuel Baker,  
William Hardy.    Cl. of Cr. 
Oliver Plunket, hold up thy Hand. You of the Jury look upon the Prisoner and hearken to his Charge.  
HE stands indicted by the Name of Oliver Plunket, late of Westminster, in the County of Middlesex Dr. of Divinity, for that he as a false Traitor against the most Illustrious and most Excellent Prince our Sovereign Lord Charles the second, by the Grace of God, of England, Scotland, France, and Ireland King, and his natural Lord, the fear of God in his heart not having, nor weighing the duty of his Allegiance, but being moved and seduced by the instigation of the Devil, the cordial Love, and true and due natural Obedience, which true and faithful Subjects of our Said Sovereign Lord the King, towards him our said Sovereign Lord the King do and of right aught to bear, utterly withdrawing, and contriving, and with all his might intending the Peace and common Tranquillity within the Kingdom of Ireland, as also of this Kingdom of England to disturb, and War and Rebellion against our said Sovereign Lord the King in the Kingdom of Ireland, then being the Dominion of our said Sovereign Lord the King in parts beyond this Seas; to stir up and move, and the Government of our said Sovereign Lord the King there to subvert, and our said Sovereign Lord the King from his Regal Power & Government there to Depose and Deprive, and our said Sovereign Lord the King, that now is, to Death and final Destruction to bring and put, and the true Worship of God within the said Kingdom of Ireland, by Law established and used, to alter to the Superstition of the Romish Church; the first day of December, in the year of the Reign of our Sovereign Lord Charles the Second, now King of England, etc. the 32th, and divers other days and times, as well before as after, at Dublin in the Kingdom of Ireland, in parts beyond the Seas, with divers other false Traitors unknown, traitorously did compass, imagine, and intent the kill, Death and final Destruction of our said Sovereign Lord the King, and the ancient Government of his said Kingdom of Ireland to change, alter, and wholly to subvert, and him our said Sovereign Lord the King, that now is, from the Crown & Government of his Kingdom of Ireland aforesaid to depose & deprive, and the true Protestant Religion to extirpate, and War and Rebellion against our said Sovereign Lord the King, there to move and levy. And to fulfil and accomplish his said most wicked Treasons, and Traitorous compassings, imaginations and purposes aforesaid; he the said Oliver Plunket, the said first day of December, in the abovesaid 32th. Year of the Reign of our said Sovereign Lord the King, that now is, with Force and Arms, etc. at Dublin, in the Kingdom of Ireland, then being the Dominion of our said Sovereign Lord the King in parts beyond the Seas, maliciously, devilishly and traitorously did assemble and gather together himself, with divers other Traitors unknown, and then and there devilishly, advisedly, maliciously, subtly and traterously did consult and agree our said Sovereign Lord the King, that now is, to Death and final Destruction to bring, and from his Crown and Government aforesaid to depose and deprive, and the Religion of the Romish Church into the Kingdom of Ireland aforesaid to introduce and establish; and the sooner to fulfil and perfect his said most wicked Treasons and traitorous imaginations and purposes, he the said Oliver Plunket, with divers other false Traitors unknown, then and there advisedly, maliciously and traitorously did further consult and agree to contribute, pay and expend divers great Sums of Money to divers Subjects of our said Sovereign Lord the King, and other persons unknown, to procure them the said persons unknown, our said Sovereign Lord the King, that now is, traitorously to kill, and the Romish Religion into the said Kingdom of Ireland to introduce and establish. And that he the said Oliver Plunket and other Traitors unknown, afterwards, to wit, the said first day of December, in the two and thirtieth year of the Reign of our said Sovereign Lord the King abovesaid, at Dublin aforesaid, in the Kingdom of Ireland aforesaid, within the Dominion of our said Sovereign Lord the King, with Force and Arms, etc. unlawfully, maliciously devilishly and traitorously did receive, collect, pay and expend divers great Sums of Money to divers persons unknown, to persuade and induce divers other persons also unknown, the said false Traitors in their said Treasons to help and maintaintain, against the Duty of his Allegiance, and against the Peace of our said Sovereign Lord the King, that now is, his Crown and Dignity, and against the form of the Statutes in that Case made and provided. To this Indictment he hath pleaded, Not Guilty.  Mr. Heath. 
May it please your Lordship, and you Gentlemen of the Jury, This is an Indictment of High-Treason against Dr. Oliver Plunket the Prisoner at the Bar, and it sets forth, that in the 32th. Year of the King, at Dublin in the Kingdom of Ireland, he did compass and imagine the Death of the King, and to deprive the King of his Kingdom of Ireland, and to raise War to extirpate the Protestant Religion in the Kingdom of Ireland, and to establish the Romish Religion there. And it sets forth further, That for the accomplishment of these Treasons, the Defendant with several others did meet together at several places at Dublin in the Kingdom of Ireland, and elsewhere, and at these several meetings did consult and agree to put the King to Death, to raise War, to extirpate the Protestant Religion, and set up the Romish Religion. And the Indictment further sets forth, that to accomplish these Treasons, the Defendant did raise great Sums of Money in the Kingdom of Ireland, and did get several persons to contribute several Sums for these Treasons: and that the Defendant with others did disburse several Sums of Money to several persons, to persuade them and entice them to be aiding and assisting in these Treasons, and to recompense them for them. To this Indictment the Defendant hath pleaded, Not Guilty. If we prove these things, you are to find him Guilty.  Mr. Serj. Maynard. 
My Lord, we will quickly come to the Evidence. But in short, You have heard his Charge is as high as can be against the King, and against the Nation, and against all that is good. The Design and Endeavour of this Gentleman was the Death of the King, the Destruction of the Protestant Religion in Ireland, and the raising of War: And to accomplish this, we charge him, that there was a Confederacy made, Assemblies and Consultations had to these ends, and raising Money to accomplish it. Gentlemen, Dr. Plunket was made, as we shall prove to you, as they there call him, Primate of Ireland, and he got that Dignity from the Pope upon this very Design. He did by Virtue of that Power, which he thought he had gotten, make out Warrants, Significations, I know not what they call them, to know how many men in Ireland could bear Arms from sixteen to forty; he raises Taxes upon the People and the Clergy there. But, my Lord, the particulars will best fall from the Witnesses that we shall call and prove it by, and we need not make any aggravation; for such a thing as this cannot be more aggravated than ' 'tis.  Mr. Att. Gen. 
May it please your Lordship, and you Gentlemen of the Jury, the Character this Gentleman bears, as Primate under a Foreign and usurped Jurisdiction, will be a great inducement to you to give credit to that Evidence we shall produce before you. We shall prove, that this very Preferment was conferred upon him upon a Contract, that he should raise 60000 men in Ireland, for the Pope's Service, to settle Popery there, and to subvert the Government. The Evidence that we shall give you, will prove how it leads to destroy the King, and I take it according to the resolutions that have been, to raise War in the Kingdom, and to introduce a Foreign Power; will be certainly Evidence of an Attempt and Machination to destroy the King. Assoon as he was in possession of his Primacy, he goes about his work. There are two great necessaries to be provided, Men and Money. For men, having this great spiritual Jurisdiction, whereby, indeed, all that are under it are become Slaves, he issues out his Warrants to all the Clergy of Ireland, to give an account, and make return from the several Parishes, of all the men in them above fourteen and under sixty. And Returns were accordingly made by them, that he might accordingly take a measure what men to pick out for the Service. The next thing was Money, my Lord; and your Lordship takes notice, that when the Mind is enslaved, the Purse, nay all the Body bows to it. He issues out his Warrants to his Clergy, to make a Collection of Money, in all parts great Sums were levied, and when they were levied, we shall give you an account by our Proofs, that several Sums were issued out, and sent into France to further the business. There was also provision made of great Ammunition and Arms, and we shall prove in particular, several delivered out by this Gentleman's Order, to carry on this thing; and to go through stitch with this business, he takes a view of all the several Ports and places in Ireland, where it would be convenient to land: for they were to have from France an Auxiliary Force, and upon his view he pitched upon Carlingford as the place. We shall prove the several Correspondencies between Rome and him, and France and him, and several Messengers employed, and Monies issued out from time to time for their maintenance. This will be the course of our Evidence; and we shall begin first with some that do not speak so particularly to this Doctor, but prove there was a general Design in all parts of the Kingdom of Ireland, to bring in the King of France, and extirpate the Protestant Religion: And then we shall call the particular persons to the particular Facts against him. First we call Florence Wyer. [Who was sworn.]  Mr. Sol. Gen. 
Are your sworn, Sir?  Wyer. 
Yes, Sir.  Mr. Sol. Gen. 
Pray give the Court and the Jury an account of what you know of any Plot in Ireland, to introduce the Romish Religion, or to bring in the French King.  Wyer. 
Yes, I know there was a Plot, both before Plunket's time, and in his time; for it was working in the years 65. and 66. but it was brought to full maturity in the Year 1667. For then Col. Miles Rely, and Col. Bourne was sent to Ireland from the King of France, with a Commission to muster as many men as he could, promising to send an Army of 40000 men with a Commission, upon St. Lewis day in August next following, to land at Carbingford, to destroy all the true Subjects, to destroy the Religion as it was established there, and to set up the French Kings Authority and the Roman-Catholick Religion. And one Edmond Angle that was a Justice of Peace and Clerk of the Crown, sent for all the Rebels abroad in the North to come up into the County of Longford, and they marched into the head Town of the County and fired the Town; the Inhabitants fled into the Castle: then they came up to the Gaol, thinking to break it open, and by setting the Prisoners free, to join them with them; but then Angle was shot, received a deadly wound, and dropped off his Horse, and they fled. So then when they were without the Town, one Charles Mac Canell alighted, and took away all the Papers out of his pocket; which, if they had been found, would have discovered all. This occasioned Col. Bourne to be suspected; and being so suspected, he was taken Prisoner, and turned to Newgate in Dublin. Then Col. Reiley fled away again to France, and the Plot lay under a cloud during the life of Primate Reiley the Prisoner's Predecessor. This Primate Reiley died beyond Sea. Then many of the Popish Religion would have had the Primacy conferred upon one Duffy; but the Prisoner at the Bar put in for it; which might have been opposed, if the Prisoner had not engaged and promised that he would so manage affairs, that before the present Government were aware, he would surprise the Kingdom, provided the Pope and King of France would send a competent Army to join with theirs for the effecting of it. So the first Year of his coming over, I was in the Friary at Armagh: I was an acquaintance of the Friars, and they invited me. And one Quine told the Prisoner, that they thought Duffy would have been Primate. Said he, 'Tis better as it is; for Duffy hath not the Wit to do those things that I have undertaken to do; meaning that he did undertake to supplant the Protestant Religion, to bring in Popery, and put the Kingdom under Subjection to the King of France.  Mr. Sol. Gen. 
How do you know that?  Wyer. 
Those were the words, and the meaning I knew before, because I had heard it talked of.  L. C. J. 
Who was the first of these Primates you speak of?  Wyer. 
Edmund Reiley. He set this business on foot first.  L. C. J. 
About what?  Wyer. 
About calling the Rebels together out of the North when they came to Longford.  L. C. J. 
What Year was that?  Wyer. 
It was in the Year (67.)  L. C. J. 
When died he?  Wyer. 
He died a little while afterwards.  L. C. J. 
Then Duffy would have it conferred on him?  Wyer. 
Yes, after Reileys' decease he would have had it conferred upon him; and there was a contention between him and the Prisoner, who did engage he would bring things to that full maturity, that before the present Government were aware he would do the work.  L. C. J. 
How do you know this?  Wyer. 
I know this, because I had an account of it from certain Schoolfellows that were with me in Ireland, then studying in Rome; they wrote this to me, desiring me I would take a good heart with the rest of my Countrymen, and assuredly in a short time the Kingdom would be relieved, and the Irish restored to their former patrimonies.  L. C. J. 
This you speak of their information. What do you know of your own knowledge?  Wyer. 
All that I know of is, he coming into the Friary of Armagh—  L. C. J. 
About what time?  Wyer. 
It is either 10 or 11 years ago, and there was a Fast there, and I was invited by the Friars, being their acquaintance; one Quine one of the Friars told him—  L. C. J. 
Told whom?  Wyer. 
The Prisoner, that he did expect Duffy should have been Primate? but the Prisoner made answer, 'Tis better as it is; for Duffy had not the Wit to manage the things that I have undertaken for the general good of our Religion.  L. C. J. 
Now tell me this? What things were those he had undertaken? did he explain himself?  Wyer. 
No further than those words: But I did conceive this was his meaning; because I knew partly of it myself, knowing of the former Plot.  L. C. J. 
I ask you only what words came from him; and you say they were, That Duffy had not the Wit to manage what he had undertaken for the general good of their Religion.  Wyer. 
Yes; and then again in his Assembly, kept by him, he charged his Inferiors to collect such several Sums of Money as he thought fit, according to the several Parishes and Dignities, to assist and supply the French Forces when they came over.  L. C. J. 
How know you that?  Wyer. 
I have seen the Money collected; and I have seen his Warrant sub poena suspensionis to bring it in, to redeem their Religion from the power of the English Government. Again, there were those Rebels that went to Longford—  L. C. J. 
What time were those Collections?  Wyer. 
From time to time since he came into Ireland.  L. C. J. 
About what time?  Wyer. 
9 Year, 8 Year, 7 Year ago, and the last Year of all.  L. C. J. 
Then it was several times, you say?  Wyer. 
Yes; and he procured the Macdonels a piece of Money out of the Exchequer, pretending to do good Service to his Majesty; but he sent them for France, meaning they should improve themselves and bring themselves into favour with the King of France, and come over with the French King to surprise Ireland. This one of the said Rebels told me. So I have seen the Prisoners Letter directed to the grand Tory Fleming, desiring that they should go to France, and he would see them, in spite of all their enemies in Ireland, safe ashore. And Fleming should return again a Colonel, to his own glory, and the good of his Country.  Mr. Att. Gen. 
Do you know his Hand?  Wyer. 
Yes, I do as well as my own. I have seen Capt. O Neal, Son of General O Neal, coming every year into Ireland, and carrying three Regiments to the French King into France; and he used to come over to Ireland every year to get a recruit; and he did get my Brother to go with him, and so much importuned me, that I could hardly withstand him; but I did not yield to his desire: He told me it was to improve me for my good; to improve myself in Military Discipline, and then I should return for Ireland a Captain under the French King, to surprise the Kingdom and settle the Popish Religion, and then I should be restored to my Estate.  L. C. J. 
Who told you this?  Wyer. 
Oapt. O Neal. And in the mean while, says he, I hear Dr. Plunket is the only man entrusted in Ireland to make these preparations, and get things ready against the French King's coming, who is to land at Carlingford.  Mr. Att. Gen. 
How often were you in the Doctor's company?  Wyer. 
Not very often.  Plunket. 
I never saw him with my eyes before in all my life.  Wyer. 
I have seen him in the Priory the first year that he came over to Ireland; and you know the meetings held at George Blykes house in the Five; and I have seen him in his own house.  Mr. Just. Dolben. 
How came you to know the Prisoners hand?  Wyer. 
Because I was well acquainted with his hand, seeing his hand amongst the Priests.  Mr. Just. Dolben. 
Did you ever see him write?  Wyer. 
Yes, in the Priory, and in his own house.  Mr. Just. Dolben. 
How often?  Wyer. 
Not often.  Mr. Just. Dolben. 
How often?  Wyer. 
Ten or a Dozen times: I should know his hand from all the writing in London, if it were among never so many. Let me but see it; I will know it.  L. C. J. 
Have you ever heard him own himself Primate?  Wyer. 
Yes, my Lord, he writes himself Oliverus Armacanus Primas & Metropolitanus totius Hibernioe, That is his Style.  L. C. J. 
Who did he say made him Primate?  Wyer. 
The Pope, my Lord.  L. C. J. 
Have you heard him say so?  Wyer. 
Yes, I heard him discourse of it in the Priory.  Mr. Att. Gen. 
He was a public Officer, and they might well know his hand.  L. C. J. 
I believe any body that hath seen us write but a little, would soon know our hands.  Wyer. 
His hand is as well known over Ireland, as mine is among my acquaintance.  L. C. J. 
Well, go on.  Wyer. 
During the time of his Imprisonment, I have seen his Commands to some of his inferior Dignitaries, commanding them sub poena suspensionis, to bring in the moneys assessed for bringing in the French Army; and that there was no better time than the time of his Imprisonment to bring it in.  L. C. J. 
Who were they, you say, that were commanded sub poena suspensionis?  Wyer. 
Since his taking, I have seen in the time of his Imprisonment his Commands to his inferior Dignitaries, not to be forgetful of the moneys that were assessed towards the supplying the French Army; and that there was no better time to bring in the French, than when he was in Prison.  L. C. J. 
How long ago was that?  Wyer. 
The first of February (79.) The second and last of it was in July and November last.  L. C. J. 
And this was to bring in the Money?  Wyer. 
Yes, to supply the French Army. And that there was no better time than during his Imprisonment, and they should not be so much suspected.  L. C. J. 
And these Mandates you have seen under his hand?  Wyer. 
Yes, I have, my Lord.  Mr. Att. Gen. 
What do you know of his summoning or issuing out these Warrants for Lists of men?  Wyer. 
I have not seen any of the Warrants; but the Priests have told me they were commanded by his Warrants to let him know how many there were in all their Parishes from 16 to 60.  Mr. Att. Gen. 
You say you never saw the Mandates?  Wyer. 
No, I did not.  Mr. Scrj. Jeff. 
What do you know about the Prisoners viewing the Ports?  Wyer. 
I have seen him going about from Port to Port, to Derry, to Carriefergus, Castle Down, and Carling ford, and all about.  Mr. Scrj. Jeff. 
When he went to take a view of those Ports, can you tell to what purpose he did it?  Wyer. 
Yes, I heard it among the Church, That he went on purpose to view the Seaports to know the strength of all the Garrisons, and to see which was the most convenient way to bring in the French Army.  Mr. Serj. Jeff. 
Did you ever speak with the Prisoner at the Bar about his going?  Wyer. 
No.  Mr. Serj. Jeff. 
What place did he pitch on as most convenient?  Wyer. 
Carling ford.  Mr. Att. Gen. 
Were you in the Prisoner's company when he viewed the Ports?  Wyer. 
I have seen him go to and fro; I did not go all the Circuit round with him.  Plunket. 
Did you ever see me at Carlingford?  Wyer. 
No  Plunket. 
Did you ever see me at any other of the Ports?  Wyer. 
I have seen you at Hamiltons' coming back from Derry. Do you not remember that you lodged at at Sir Geo.  Plunket. 
I never lodged there in my life.  Sir Fr. Withings. 
Have you any thing more to say concerning the Plot in general?  Wyer. 
No, in general I have not.  Mr. Serj. Jeff. 
He hath not only given an account of the general, but fixed it upon the Prisoner.  Mr. Att. Gen. 
Dr. Plunket, will you ask him any questions?  Plunket. 
You say you remember you saw me at my first coming as Primate 10 Years ago, and that you were at the Priory when I was there?  Wyer. 
Yes.  Plunket. 
You were invisible to me.  L. C. J. 
If you will ask any question, do; but do not make these kind of observations.  Plunket. 
Tell me this, Why did not you acquaint some Justice of the Peace then with what you knew, that which you had heard 7 years ago?  Wyer. 
When I first kn●w it, I was as willing to have it concealed as they.  L. C. J. 
What is your question, Dr. Plunket? pray tell it us.  Plunket. 
He says, my Lord, that 10 years ago I had such a design in hand, and he knew the Money was collected for these very ends, and he knew of the design from that same Capt. O Neal whom I employed and sent abroad; and that I had a design to bring in the French at Carlingford, and went about to all the Ports in Ireland, and pitched upon that as the most convenient; and yet it is so inconvenient for the bringing in a Foreign Force, that any one that knows any thing of the Maps of the World, will easily conclude it otherwise. But, I say, my Lord, why did not he tell some Justice of the Peace that I was upon such a design, but let me live in Ireland 10 Years after, and never spoke of it till now?  L. C. J. 
What say you to the Question?  Plunket. 
When he saw me all the time, and to the time of my taking Prisoner, and never said one word; for I was a Prisoner 6 months only for my Religion, not one word of Treason spoken of against me for so many Years: why did not he acquaint some Justice of the Peace with it before?  L. C. J. 
What Religion were you of then?  Wyer. 
I was a Roman Catholic.  Plunket. 
And are you not so now?  Wyer. 
Yes, I am so.  Mr. Just. Dolben. 
Therefore it will be no wonder that you did not discover it.  Mr. Serj. Jeff. 
But I ask you, Why did not you discover it all this time?  Wyer. 
Because I was a Papist myself: The first that did discover it, he and I did consult about it, I had charged him so to do, and I set him on work; but he was ill paid for having discovered it: you got him to be trepanned, that he hath gone in danger of his life for it.  Plunket. 
Who is that man?  Wyer. 
Moyer.  Sir Fr. Withins. 
Call Henry O Neal. (who was sworn.) What know you of any design in Ireland to introduce the Popish Religion?  O Neal. 
In August (78). Bishop Tirril came with 40 odd Horsemen to Vicar-General Brady's house, and alighted at the door; and he gave them there an Oath, which they took willingly and freely from hand to hand, to forward the Popish Plot against the Protestant Religion, to make an end of them all in one hour from end to end in Ireland; and said he, I will come within two days with an Order from the Lord Oliver Plunket; and you need not be afraid, for the Lord Oliver Plunket and I have sent some Gold and Money into France to get men and bring them from France over Sea: and do not fear, this will go on in one hour through all Ireland from end to end. In September (78) a little while after, the same meeting was in a place which they call Virginia, in the County of Connaght, where they took a Priest, he is here, and he was with me, and desired me to come up to Dublin and discover this; and there I did discover it to Sir John Davis; which is all that I can say: for this Plunket I never saw him in my life.  Mr. Jones. 
You were a Papist then?  O Neal. 
Yes, I was.  Mr. Jones. 
Are you a Roman-Catholick still?  O Neal. 
Yes, I am.  Mr. Jones. 
And were you acquainted with all these Orders?  O Neal. 
Yes.  L. C. J. 
How came you to know of this Oath?  O Neal. 
I was in the house with them; I was concerned to take my Oath with them, and I durst not but take the Oath.  L. C. J. 
Had you the Oath of Secrecy given you?  O Neal. 
Yes: and so this Priest commanded me to go along to Dublin and discover it.  Mr. Serj. Jeff. 
What is his name?  O. Neal. 
John Macklegh.  Sir Fr. With. 
Do you know of any other transactions about the Plot?  O Neal. 
No, I will not swear for all the World more than I know.  Sir Fr. With. 
— Then call Neal O Neal. (who was sworn.) What do you know of any design carrying on in Ireland against the Government and the Protestant Religion?  N. O Neal. 
I will tell you all I know: I was at Vicar Bradey's house the 21. of August.  L. C. J. 
What year?  N. O Neal. 
(78.) And Bishop Tirril came with 40 Horsemen to the house, and went into the house, and discoursed a little while; and they took their Oaths every one round to keep secret the Plot, to destroy the Protestant Religion and the Protestants, that they might have their Estates again. And he said they did not need to fear: for, said he, you have a very good man to assist you, and that is the Lord Oliver Plunket, and you need not fear but it will go through all Ireland.  Mr. At. Gen. 
Will you ask him any questions?  Plunket. 
Why did not he discover it before?  Mr. Serj. Jeff. 
Were you a Roman-Catholick at that time?  N. O Neal. 
Yes, and I am so still.  Mr. Paget Juryman. 
I desire he may be asked how he came to be there?  L. C. J. 
You say, I think, this was at Vicar-general Bradey's; how came you to be there?  N. O Neal. 
I was there several times before that; for my Nurse, or my Foster-mother (I don't know which you may understand best) was Housekeeper to him.  L. C. J. 
Were you required to take the Oath?  N. O Neal. 
No, my Lord, I was acquainted in the House, I had been there two or three weeks before.  Plunket. 
Why did not you tell it to some Justice of the Peace?  L. C. J. 
He was a Papist, and so he is now.  N. O Neal. 
There were many that were wiser than I, that did not discover it.  L. C. J. 
How old are you?  N. O Neal. 
I believe about two and twenty years old.  L. C. J. 
And this was but in (78.)  Mr. Att. Gen. 
Swear Owen Murfey. (which was done.) Come, what say you?  O. Murfey. 
Mr. Edmond Murfey discovered the Plot; he went to one Lieutenant Baker and did discover the Plot to him, that there was a design to bring in the French.  L. C. J. 
Speak out aloud, I can't hear you.  O Murf. 
All I know is from Mr. Edmond-Murfey▪  L. C. J. 
What do you know of any of your own knowledge?  O Murf. 
Mr. Lieutenant Baker told me, that he did hear of the French▪  L. C. J. 
Speak what you know yourself.  O Murf. 
If it please your Lordship, this is more: I saw that Evidence that Edmond Murfey did produce in Ireland, when he was sent to the Gaol there; but without Trial or any thing.  Mr. Att. Gen. 
Then swear Hugh Duffy (which was done.) Speak aloud, and tell my Lord what you know of this Plot and the Prisoner. You know the Prisoner, don't you?  Duffy. 
I know him, yes, I know him well enough.  L. C. J. 
What say you more of him?  Duffy. 
My Lord, I say, I have seen this Dr. Oliver Plunket raising several sums of money to carry on this Plot; sometimes 10 s. per Ann. sometimes 20.  Mr. Sol. Gen. 
Of whom.  Duffy. 
Of all the Priests in Ireland; of every Priest according to his Pension and Parish.  L. C. J. 
In all Ireland?  Duffy. 
Yes.  L. C. J. 
And towards the proceedings of the Plot?  Duffy. 
It was to give to his Agent which was at Rome, and for the carrying on the business.  Mr. Att. Gen. 
How come you to know this.  Duffy. 
I was Servant to Dr Duffy, who was infinitely beloved by this man: he was Father Confessor to the Queen of Spain: there was nothing that happened between them, but I was by all the time.  L. C. J. 
Were you Chaplain to him?  Duffy. 
Yes.  L. C. J. 
You are a Papist then?  Duffy. 
Yes.  Mr. Att. Gen. 
This is a Friar, my Lord.  L. C. J. 
Were you in the company with them?  Duffy. 
Yes, I was.  L. C. J. 
What did pass there?  Duffy. 
About the Plot, how they could confirm the Plot: And this man Plunket said he could prevail with the King of France and the other with the King of Spain.  Mr. Att. Gen. 
Pray acquaint my Lord particularly when this was, and in what place, and what they said.  Duff. 
It was in (73) (74) and 75) at his own house; and at he kept 3 or 4 Jesuits there, and a matter of a hundred Priests.  Mr. Att. Gen. 
What passed in the company?  L. C. J. 
Who else was there?  Duffy. 
The discourse, my Lord, was always about the Plot, how they could contrive the matter between them; and so they did conclude afterwards to raise so much Money upon several Priests, all the Priests in Ireland, sometimes 20 s. sometimes 40.  L. C. J. 
Apiece, do you mean?  Duffy. 
Yes.  Mr. Att. Gen. 
What discourse had they about the French at any time?  Duffy. 
Yes a hundred times; he talked several times, that he did not question but he should prevail with the King of France not to invade Spain: And I have seen his Letter to Cardinal Bovillon to expostulate with him about the King of France, why he should wage War with the King of Spain who was a Catholic, but rather should come and redeem Ireland out of its Heretical Jurisdiction.  Mr. Att. Gen. 
Did you see the Letter?  Duffy. 
Yes.  Mr. Att. Gen. 
Why, do you know his Hand?  Duffy. 
Yes I know it as well as I know my own; I know it if there were a thousand papers together.  Mr. Att. Gen. 
And what was the import of it, pray?  Duff. 
That Cardinal Bovillon should prevail with the King of France not to invade Spain: and the Contents of the rest of the Letter were, That he did admire he should not rather wage War with the King of England, who hath been an Apostate, and help their poor Country that was daily tormented with Heretical Jurisdiction.  Mr. Att. Gen. 
How came you to be in France? were you employed?  Duff. 
I went to France to live there in a Covent.  Plunk. 
Did Cardinal Bovillon show you my Letter?  Duff. 
Yes.  Plunk. 
What year?  Duff. 
(77.)  Mr. Att. Gen. 
Pray Sir, you were speaking of raising of Money?  Duff. 
Yes.  Mr. Att. Gen. 
Did you see any Precept about it?  Duff. 
Yes, I have seen several Procepts; I was Curate to one Father Murfey; and while that man was with Dr. Oliver Plunket, and other Jesuits, I did officiate in his place, and he sent his Letters to me to raise 40 s. and 20 s. a time, several times.  L. C. J. 
You yourself?  Duff. 
Yes.  Mr. Att. Gen. 
What for?  Duff. 
It was to send to Dr. _____. who was at Rome.  Mr. Att. Gen. 
Did you send any Money that you know of?  Duff. 
Yes.  Mr. Att. Gen. 
Tell what time you gave the Money yourself.  Duff. 
In (73) (74) and 75.  Mr. Att. Gen. 
Where?  Duff. 
At his own dwelling-place at _____  Mr. Just. Jones. 
Of what Quality was the Prisoner amongst you?  Duff. 
He was Primate of all Ireland.  Mr. Just. Jones. 
Under whom?  Duff. 
Under whom? under the Pope.  Mr. Just. Jones. 
How do you know he was so?  Duff. 
We had it in his Writings.  L. C. J. 
Did he style himself so in his Letters?  Duff. 
Yes, if he writ but to the least man in the Country, he would write, Oliverus Armacanus Primas totius Hibernioe.  L. C. J. 
And so you always understood him?  Duff. 
Yes.  Mr. Att. Gen. 
Were you present at any of the general Consultations or Meetings?  Duff. 
Yes, I was.  Mr. Att. Gen. 
What number might meet at that time?  Duff. 
Five hundred men and women.  Mr. Att. Gen. 
Where was this?  Duff. 
At Clouds.  Mr. Att. Gen. 
What was the occasion and design of that meeting?  Duff. 
Confirmation from the Bishop.  Mr. Att. Gen. 
And what was done there besides?  Duff. 
The second thing was, that the Gentlemen of the three Counties should conclude together about this matter.  L. C. J. 
About what?  Duff. 
About joining the French and Spanish together.  Mr. Just. Dolben. 
Where was that meeting?  Duff. 
In the County of Monaghan.  Mr. Just. Dolben. 
Was the Prisoner there?  Duff. 
Yes, he was the chief man.  L. C. J. 
When was this.  Duff. 
In (71) to the best of my knowledge.  Mr. Just. Dolben. 
Were you there yourself?  Duff. 
Yes.  Mr. Att. Gen. 
What was the transaction of that day, besides the Sacrament of Confirmation?  Duff. 
It was agreed that the Gentry of Armagh, Monaghan and Conaght should join together; and then they went into a private Council to get a List of all the Officers that were in the last Rebellion, and those that lost their Estates.  Mr. Att. Gen. 
How do you know that; Did you go into the Consult?  Duffy. 
Yes, I was in the same Consult myself, and was as willing to proceed in the matter as any one in the world.  L. C. J. 
Where was this?  Duffy. 
Within two miles of Clouds, at one Father house.  L. C. J. 
Was that at the time when there were so many persons met? Pray speak what was done there besides Confirmation.  Duffy. 
Why, they were withdrawn aside into a Garden; some stood up, and some sat down; and Oliver Plunket stood in the middle of them all as a Prelate, and every one kneeled before him and kissed his hand.  Mr. Att. Gen. 
What was then said?  Duffy. 
Then they did consult and gave special Order to some of them to get a List of all the Officers in the late Rebellion, and that loosed their Estates, and that they should be more forward than others to proceed in that wicked Design.  L. C. J. 
What was that Design?  Duffy. 
To destroy all the Protestants together.  Mr. Att. Gen. 
Was it to mingle the Irish, and Spanish, and French Army together?  Duffy. 
Yes, it was.  Mr. Att. Gen. 
Did you hear the Prisoner speak about it?  Duffy. 
Yes, and he made a Speech before them concerning our own Faith and Religion.  Mr. Att. Gen. 
Was there any mention of Money at that time?  Duffy. 
It was, that every man of them that could dispose of Money should provide some for those Gentlemen that would soon come into Ireland.  Mr. Serj. Maynard. 
Who were those Gentlemen?  Duffy. 
The French Army and the Spanish Army together.  Mr. Att. Gen. 
Were you at any other meeting?  Duffy. 
No.  Mr. Att. Gen. 
After he was taken, do you know of any Order he sent out to gather Money?  Duffy. 
Yes, at the Assizes of Dalkieth, I think it was in June two years ago, he was apprehended—  Mr. Att. Gen. 
Indeed he was first apprehended as a very busy Papist.  Duffy. 
I have seen two or three several Ordors to raise Money, and for the same purpose; and that it was the only time to bring the matter to an end when he lay in Gaol himself.  Mr. Att. Gen. 
Was that the effect of the Letter?  Duffy. 
Yes; and that the French and Spanish Kings should take this advantage that now was offered whilst he was in Prison.  Mr. Just. Jones. 
You say some money was sent to Dr. Cray?  Duff. 
Yes.  Mr. Just. Jones. 
To what end?  Duffy. 
To comply with this design.  Mr. Jones. 
Where was that Dr. Cray?  Duffy. 
He was at Rome, he was made a Bishop there.  Mr. Att. Gen. 
Who employed him there?  Duffy. 
This man employed him always,  L. C. J. 
What was his Name?  Duffy. 
Cray.  Mr. Jones. 
You say some of the Priests paid some 20. some 40.  Duff. 
Yes.  Mr. Jones. 
Did the Lay Gentry agree to pay nothing?  Duffy. 
I don't know for the Gentry.  L. C. J. 
But I think you paid something yourself?  Duffy. 
Yes, I paid for two or three years myself.  L. C. J. 
And that was for the Design?  Duff. 
Yes, for the French & Spanish Army, & all the purposes together.  Mr. Att. Gen. 
What do you know of any Precept to be given in of all sorts of persons of such an age?  Duffy. 
I gave a List of the age of every person from 16 to 60.  Mr. Att. Gen. 
By whose Order?  Duffy. 
By his Order.  M. Serj. Jeff. 
To whom did you give it?  Duffy. 
To Dr. Plunket.  Mr. Serj. Jeff. 
That is, to the Prisoner?  Duffy. 
Yes; out of my own Precinct.  Mr. Att. Gen. 
Had you an Order from him?  Duffy. 
Yes, it was directed to the Parish-Priest; and I being Curate in his place, received the Order.  Sir Fr. With. 
To what purpose was it?  Duffy. 
To know what men in Ireland were able to bear Arms.  M. Just. Jones. 
What was the number contained in your List?  Duffy. 
250.  Mr. Just. Jones. 
What in one Parish?  Duffy. 
Yes.  Mr. Serj. Jeff. 
What was the Parishes Name?  Duffy. 
Coghan.  Mr. Att. Gen. 
Do you know any thing of his going to view the Ports?  Duff. 
I accompanied him to Carlingford,  Mr. Att. Gen. 
Did you?  Duff. 
Yes, in person I did.  Mr. Serj Jeff. 
What did he say?  Duff. 
He went round about the place where some of the Custom-Ships come in; there was a great Castle there near the Sea, and he went to view the place, and could not get a Boat: And there was a great talk of Carlingford to be one of the best Havens in Ireland; there was no great Garrison at the place, and any Ship might come to the Gates of the Town and surprise it, being a little Town.  Mr. Att. Gen. 
What did he conclude upon that?  Duff. 
That he might get the French Army to land safely there.  Mr. Att. Gen. 
What do you know of delivering any Ammunition and Arms?  Duff. 
He did send some of this money to get Ammunition into Ireland.  Plunket. 
You say you were Murfey's Curate; Can you show any such Institution as you say came to you to raise Money?  Duff. 
I could have brought them, but I thought it needless.  Plunket. 
Can you name any other person I received money from?  Duff. 
I have seen your Paper of the County of Monaghan.  Plunk. 
Have you seen any of them pay any moneys?  Duff. 
Yes, I have seen Twenty of them pay money.  Mr. Just. Dolben. 
Why, you are acquainted with this man, are you not, Mr. Plunket?  Plunk. 
My Lord, I believe I have seen him.  Mr. Just. Dolben. 
Don't you know he was Chaplain to Bishop Duffy?  Plunket. 
No; I never was in his company.  Mr. Serj. Jeff. 
Pray tell him what time of the year it was that you were at Carling ford.  Duffy. 
It was at the end of the Year (77) and the beginning of the Year (78.)  Mr. Att. Gen. 
Pray, if you can recollect, was you once, or twice, or twenty times in his company?  Duff. 
As I am a Christian, I have been a hundred times in his company. And when you were creating Priests, you would always send for me to be present; and I wonder how the man should forget himself?  Plunket. 
I do not say I have not seen him, or that I am a stranger to the man; but in the company of Bishop Duffy I never saw him, nor I never sent him Orders to pay any money: and if he did pay any money, he might show the Order.  Mr. Serj. Jeff. 
If he did pay any money, you did ill to take it.  Mr. Att. Gen. 
Pray let him have fair play to ask any Questions.  Mr. Soll. Gen. 
Tell how you came to remember that you saw him at Sir Nich. Plunkets.  Duff. 
Dr. Duffy did send me to Sir Nicholas Plunkets, and I met Dr. Plunket as I was coming out of the City. I had been half a year at the Spanish Ambassadors, and he sent me for Ireland again, and then I lived at the Convent in Dublin; and then when I knew that he would come to Town, I went to Ring's end, where the Ships came in, to meet him.  Plunk. 
You say you were with him at my house?  Duff. 
Yes.  Plunk. 
If you were, you were invisible: But I ask you, why did not you tell this to some Justice of the Peace?  Mr. Just. Dolben. 
Good Mr. Plunket, he tells you he was as willing to forward it then as you.  L. C. J. 
How come you now to change your mind?  Duffy. 
I went into France in (77) and I was not a year there altogether; but when I have seen how the poor people there are brought into such slavery by the French King, I thought of it, and had rather the Devil should reign over us, than the Frenchman.  Mr. Just. Dolben. 
He gives you a very good rational account why.  Duff. 
I have been at Sir Nicholas Plunkets, and Dr. Patrick Plunkets, where there fell some variance about something this man had done to Father Duffy. Says Bishop Duffy, I might have had you drawn and quartered, if I were as ill a man as you: and I might have been Primate of Ireland, if I would have undertaken those things that you undertook. Upon that, says Sir Nicholas Plunket, What is that? Why, it was said it was to raise 60000 men in Ireland at any time whenever the French or the Spanish King should wage War with England, Scotland or Ireland. And this man did confess before my face to Father Duffy, that it was not only to exalt himself, but all the Roman Clergy, and all the Gentry that had lost their Estates.  Plunk. 
Mr. Duffy, one word with you; Is not this out of malice to me for correcting some of the Clergy?  Duff. 
You had nothing to do with me, for I was a Friar.  Mr. Att. Gen. 
Swear Edmond Murfey. (which was done.) Tell your whole knowledge of Dr. Plunket and the Irish Plot.  Murf. 
May it please you my Lord. I was one of the first Discoverers of this Plot; but of nine Witnesses, I have but one in Town.  L. C. J. 
Well, tell your own knowledge.  Murf. 
Now I beg your Lordship as to Dr. Plunket, that you will respite it till next Term, I could bring ten Witnesses.  Mr. Att. Gen. 
Do you speak your own Evidence.  Murfey. 
I refer it to the King and Council what Evidence I have given.  L. C. J. 
Do not trouble yourself, be directed a little; you are here now to speak what you know concerning any Treasons, or any other matters against the King, done by Dr. Plunket; speak your own knowledge; for as to other Witnesses we do not call you.  Murfey. 
If I be called in question for this Evidence—  Mr. Att. Gen. 
Come, Sir, you have been at the Spanish Ambassadors lately, answer my Question: Have you ever been with Plunket in Ireland?  Murf. 
Yes, Sir.  Mr. Att. Gen. 
Have you ever heard him own himself Primate of Ireland?  Murf. 
Yes, Titular Primate.  Mr. Att. Gen. 
Under whom did he claim that Authority? under the King, or under the Pope?  Murf. 
I think he could not be under the King at all.  Mr. Att. Gen. 
Under whom then?  Murf. 
It must be either the King or the Pope.  L C. J. 
Answer me directly. Did he claim to be Titular Primate under the Pope?  Murf. 
I suppose he did.  L. C. J. 
Was he reputed generally so to be?  Murf. 
Yes, my Lord.  Mr. Att. Gen. 
Mr. Murfey, remember what you swore before the Grand Jury; pray recollect yourself whether that be true, and tell all.  L. C. J. 
You are upon your Oath, you must speak the truth and the whole truth, you must not mince or conceal any thing.  Mr. Serj. Jeff. 
Were you sworn before the Grand Jury?  Murf. 
I was sworn before the King and Parliament.  Mr. Serj. Jeff. 
Did you give in any Evidence to the Grand Jury?  Murf. 
Yes, I did.  Mr. Serj. Jeff. 
Was that you swore before the Grand Jury true, upon your Oath?  Murf. 
I can't say but it was.  Mr. Serj. Jeff. 
Repeat it, tell my Lord and the Jury what it was, and tell the truth.  Murf. 
I have forgot it.  Mr. Att. Gen. 
Why then I would ask you a little; you remember I was by, and 'tis no laughing matter, Mr. Murfey, you will find it so. What do you know of any Orders issued out by Mr. Plunket, to raise money from the Priests?  Murf. 
I know there was Orders, and I took the Orders myself in my hand.  Mr. Att. Gen. 
From whom had you those Orders?  Murf. 
From another, and not from him.  Mr. Att. Gen. 
Under whose hand were those Orders?  Murf. 
They were from the Primate.  Mr. At. Gen. 
Did you see any Order under Plunket's hand for raising of money?  Murf. 
No, but under the Vicars-general, by his authority, as I suppose.  Mr. Att. Gen. 
Upon your Oath, did you not swear before the Grand Jury, that you saw the Orders under his hand?  Murf. 
No, I did not: or I was mistaken, for it was only by his direction.  Mr. Att. Gen. 
Pray had you any converse with O. Plunket about the raising of money?  Murf. 
O. Plunket about the raising of money!  Mr. Att. Gen. 
Yes, that is a plain Question.  Murf. 
It was about other matters I conversed with him.  Mr. Att. Gen. 
But did you converse with him about money?  Murf. 
No, not about the money.  Mr. Att. Gen. 
Upon your Oath, did you converse with him about bringing in the French?  Mr. Serj. Jeff. 
Declare the truth, come.  L. C. J. 
Come, don't trifle; What discourse have you had with the Prisoner about raising of money, or bringing in the French? either of them, Sir.  Murf. 
I know this, if the D. of York and D. of Ormond had proceeded according to their Intentions, it was a general expectation at the same time, that all the French and Irish would come and fall upon the English Nation, as I understood.  L. C. J. 
Pray answer the Question directly, You must not come and think to trifle with the Court, you must speak the truth, you are sworn to it; you must not come to quibble and run about to this and that and tother, but answer directly: Have you had any discourse with the Prisoner about Orders for raising of money in Ireland?  Murf. 
Yes, I have seen Orders from his Vicar-genral for the raising of money.  L. C. J. 
Hath he owned them to be by his direction?  Murf. 
Not before me, but others he has.  Mr. Att. Gen. 
Have you seen any money paid to him?  Murf. 
To whom?  Mr. Att. Gen. 
To Plunket.  Murf. 
To the Vicar-general I have.  L. C. J. 
But to Plunket.  Murf. 
None to Plunket.  L. C. J. 
Have you had any discourse with him at any time about the raising of money, which the Vicar-general gave order for?  Murf. 
I have had discourse with the Vicar-general.  L. C. J. 
Sir, don't trifle, have you had any with him.  Murf. 
With him?  L. C. J. 
Yes, with him.  Murf. 
Yes, I have had some discourse with him.  L C. J. 
Tell me what that discourse was?  Murf. 
I think it was about this. If the D. of York, and the D. of Monmouth fell out together, that he had some men to raise about that matter, and if the D. of Monmouth would raise the Protestant Religion—  M Att. Gen. 
You see he hath been in Spanish hands.  L. C. J. 
Were you a Protestant, Sir?  Murf. 
No, I am a Priest.  Mr. Serj. Jeff. 
He is to seek yet.  Murf. 
I am indifferent whether I be Protestant or a Papist.  Mr. Att. Gen. 
My Lord, he is a Priest in Orders, and so hath acknowledged himself.  Murf. 
Yes, I am a Priest, but it makes me forget myself to see so many Evidences to come in, that never knew Plunket.  L. C. J. 
Sir, you refuse to answer those Questions that we put to you here.  Murf. 
What I said before the Parliament I answer punctually.  L. C. J. 
You are asked questions here, and produced as a Witness, will you answer directly or not?  Murf. 
Yes, ay will.  L. C. J. 
Then let me hear what discourse you had with the Primate Plunket concerning any money raised by him or his Vicar-general.  Murf. 
May it please your Lordship, first of all I did not impeach Primate Plunket, but the Officers and Justices of the Peace.  Mr. Jones. 
Had you any discourse with him, yea, or no?  Murf. 
That he should find so many Catholics in Ireland if the D. of York and the D. of Monmouth fell out.  Mr. Just. Jones. 
Why it plainly appears what you drove at at first, to put off this Trial if you could.  L. C. J. 
The Papists in England have been at work with you.  Mr. Serj. Jeff. 
I perceived this Gentleman was very busy looking upon his Hat, I desire he may be searched if he have no Paper about him.  Mr. Att. Gen. 
Mr. Solicitor and myself heard the Evidence he gave to the Grand Jury.  
Then he went out of the Court and would scarce be persuaded to come back again.  Mr. Att. Gen. 
We both heard him, and he gave the fullest Evidence, much suller to all Instances, and particulars of this High Treason, much suller than Duffy to the Grand Jury. Afterwards about 3 weeks ago the Trial coming on, he ran away and lay hid, I took a great deal of pains to find him out, and sent Messengers about; at last I heard he was got to the Spanish Ambassadors, I sent, and they spied him in the Chapel; but the Spanish Ambassadors Servants fell upon the Messenger and beat him; the Ambassador was first sent to about it, and his Excellency promised that he should be brought, and when he was found he told me but the last night, that all he had sworn before the Grand Jury was true, and he was ready to make it out again.  L. C. J. 
And now he says, he knows not what he said then, and pray take notice of that.  Murfey. 
I told the Grand Jury this, that my Lord Plunket had a design to get 60 or 70000 men in Ireland, if the D. of York and the D. of Monmouth should fall out.  Mr. Att. Gen. 
Did you tell a word of that to the Grand Jury?  Murfey. 
Yes, Sir, or I was mistaken.  Mr. Att. Gen. 
Not one word of that did he then say.  L. C. J. 
Do you own this man, Dr. Plunket, to be of your Religion?  Mr. Serj. Jeff. 
Do you know this Seeker?  Plunk. 
He says himself he is indifferent to be a Protestant or a Papist.  Mr. Serj. Jeff. 
I will only try you by one question more, for you are sought out, and it may be you may be found; Do you know how many men he was to raise in Ireland? remember what you said to the Grand Jury.  Murf. 
70000 Men.  L. C. J. 
What were they to do?  Murf. 
For establishing if occasion should be—  Mr. Serj. Jeff. 
Establishing, establishing what?  Murf. 
Of the Romish Religion.  Mr. Serj. Jeff. 
Well, so far we have got 70000 men to establish the Romish Religion, what, was Plunket to do this?  Murf. 
As far as I understood.  Mr. Just. Jones. 
And you understood it by himself?  Murf. 
I received Letters from the Vicar General to get so much money collected, and assoon as I got the Letters to my hands, I sent them to a Privy Councillor.  L. C. J. 
Do you not know that he was engaged to assist the French Army?  Murf. 
I do not know that by him, but by others.  Mr. Just. Dolben. 
Did you ever discourse with him about it?  Murf. 
I did discourse with him about several matters.  Mr. Just. Dolb. 
About the French Army?  Murfey. 
Yes.  L. C. J. 
Do you know that he did endeavour to bring them into Ireland?  Murf. 
I had a Correspondence in France at the same time—  L. C. J. 
With whom?  Murf. 
With one Mac Carty.  L. C. J. 
And do you know that he had correspondence in France?  Murf. 
Yes, I know that.  Mr. Just. Dolb. 
With whom had Plunket correspondence in France?  Murf. 
He had correspondence with Dr. Cray, and others in France as I understood by others.  Mr. Just. Dolb. 
Was the end of that correspondence to bring men from France into Ireland?  Murf. 
Yes, so far as I understand.  Mr. Just. Dolb. 
You understood the Letters when you read them, did you not?  Murf. 
I know not how these people come to swear this business, whether they had not malice against him—  Mr. Att. Gen. 
Well, Sir, pray give you your Evidence, we will take care of the rest.  Mr. Just. Dolb. 
I reckon this man hath given the best Evidence that can be.  L. C. J. 
Yes, it is Evidence that the Catholics have been tampering with him.  Mr. Serj. Jeff. 
I desire he may be committed my Lord, because he hath fenced from the beginning. [which was done accordingly.]  Mr. Att. Gen. 
Swear John Mac Legh. [which was done.]  Sir Fran. With. 
Tell my Lord and the Jury what you know of any Plot in Ireland to bring in the French.  Mac Legh. 
I was a Parish Priest in Ireland in the County of Monaghan, and Dr. Oliver Plunket received several Sums of money in Ireland, and especially in the Diocese where I am. I raised some of it, and paid him 40 s. at one time, and 30 s. another time, in the year (74) I paid him 40 s. in the year (75) I paid him 50 s. and it was about July, and it was for the better advancement of the French coming in.  Mr. Jones. 
Did he tell you that the money was to be employed that way?  Mac Legh. 
Yes, that the money was to be kept for Arms and Ammunition for the Roman Catholics in Ireland.  L. C. J. 
Before you paid it, did you receive any Order from him?  Mac Legh. 
Yes, I received an Order sub poena suspensionis, and there was a public Order throughout Ireland, or we would not pay it? nay several would not pay it, and they were to be suspended.  Plunk. 
Can you show any of the Orders under my Hand?  Mac Legh. 
Yes, I can show them, but only they are afar off, I did not expect to have them asked for.  Plunk. 
Have you no Superiors of your own?  Mac Legh. 
Yes, but you being Lord Primate, you could suspend Bishops and inferior Clergy together.  Plunk. 
When was this?  Mac Legh. 
In the years (74) and (75.)  Plunk. 
What is the reason you kept it secret all this while?  Mac Legh. 
In the year (77) I did discover it to one Mr. O Neal, who I sent to Dublin to discover this Plot. I was in France myself, my Lord.  Plunk. 
How many years is it since you returned from France?  Mac Legh. 
In May in the year (78.)  Plunk. 
Why did you not speak all this while till now?  Mac Legh. 
I did send one Mr. Henry O Neal to Dublin, for I durst not go, lest I should have been suspended and excommunicated.  Mr. Att. Gen. 
This is the Priest that Henry O Neal speaks of.  L. C. J. 
Is not this a very good reason; if he had come to Dublin to discover, you would have suspended him.  Plunk. 
But my Lord, than he might have shown my Suspension and brought me into a Praemunire.  Mr. Serj. Jeff. 
If you please, Doctor, let us who are for the King have done with him first. I would ask you another Question Sir, were you at one Vicar Bradeys House?  Mac Legh. 
Yes, I was.  Mr. Att. Gen. 
Tell what was done there.  Mac Legh. 
There was Bishop Tyrrel came there with 40 Horsemen well mounted and armed, he came into the House about 10. in the morning, and stayed till about 11 at night. I was very much among them, and was as willing to be of the Plot, as themselves.  Mr. Att. Gen. 
Tell what was done there.  Mac Legh. 
There Bishop Tyrrel said, that he had order from Dr. Oliver Plunket and others, to partake of the Plot to bring in the French, and subvert the Government in Ireland, and destroy the Protestant Religion and the Protestants.  Mr. Att. Gen. 
Was there an Oath given?  Mac Legh. 
Yes, they were all put to their Oaths, which they did take willingly to keep it private during their lives time, and the reason was they were to have their Estates during their lives time.  Mr. Serj. Jeff. 
Now tell us when this was.  Mr. Att. Gen. 
My Lord, Henry O Neal and Phleem O Neal speak to the same purpose.  Mr. Serj Jeff. 
Do you remember whether Henry O Neal was there? did he take the Oath of Secrecy?  Mac Legh. 
Yes.  Mr. Att. Gen. 
What do you know of any Letters from Plunket?  Mac Legh. 
In France I landed at Breast, and going through Brittany, I met with Bishop Tyrrel and Dr. Cray, who was my Lord Oliver Plunkets Agent, and Duke John of Great Brittany came into them; for he heard of these 2 Bishops being newly come out of Rome, sent for them, and I being a Priest of tyrrel's Diocese, I went along with them, and they were well accepted, and showed Dr. Oliver Plunkets Conditions with the King of France, which was this; to get Dublin and London-Derry, and all the Seaports into their own Hands, to levy War and destroy the Protestant Religion, and that they should have him to protect them during his life-time.  L. C. J. 
Did you see those Conditions?  Mac Legh. 
A Copy of them I did, the Governor of Brittany did show them to the Bishop.  Mr. Serj. Jeff. 
What Language were those Conditions in?  Mac Legh. 
They were in Latin, Sir.  Mr. Serj. Jeff. 
Was Edmond Murfey put out of the Diocese.  Mac Legh. 
Not as I know of.  L. C. J. 
What do you know of his being Primate? upon what conditions was he made Primate.  Mac Legh. 
He was made Primate by the Election of the King of France. And upon his Election, he made those Conditions with the King of France, to raise men to join with the French, to destroy the Protestant Religion.  Mr. Just. Jones. 
You know that man, Dr. Plunket?  Plunk. 
Yes, my Lord.  Mr. Att. Gen. 
Will you ask him any Questions?  Plunk. 
None, but what I asked the others.  Mr. Just. Dolben. 
Then if that is all, he hath given a good answer to that already, he was as forward then as the rest.  Mr. Att. Gen. 
Then swear John Moyer, (which was done.)  Mr. Just. Jones. 
What do you know concerning any Plot in Ireland, and Dr. Plunkets being in it?  Moyer. 
I know him first, my Lord, to be made Primate of Ireland, engaging that he should propagate the Roman Faith in Ireland, and restore it to the Catholic Government, and I know the time by relation, that I came to Rome within two months after his being made Primate of Ireland upon the same Conditions, that have been related to you, and I was brought into the Convent of St. Francis in Rome by one Father, and this Father was very intimate with Cardinal Spinola, and when he used to go abroad he used to carry me along with him as a Companion, and there I found several of the Roman Cardinals say, That the Kingdom of Ireland should come under the Catholic Government by the way and means of the Lord Primate Plunket.  Mr. Att Gen. 
What do you know of yourself?  Moyer. 
As I was coming then from Rome, I happened to come into a Convent of the Order of St. Francis, and there came out of Ireland a young Gentleman of the Family of the O Neals, who hath been my Lord Primates Page.  Plunket. 
I never had a Page.  Moyer. 
You termed him so my Lord in Ireland, and as I came, this young man had a packet of Letters with him, as though they were Commendations to enter him into the College De propaganda Fide, directed to the Secretary of that College. And thinking them to be Letters of Recommendation, an old Father, called one Thomas Crawley, and I thought it not prejudicial to open the Seal; and the Contents were these, I translated them 5 years ago, and here are the Contents following, if you please they may be read, I will do my best to read them in English, the Original were in Latin, and some Phrases in Italian. And when I was surprised by Mr. Murfey the last year, and taken suddenly, all my Papers were taken away before I could return back again, by the Soldiers and the Tories, I only kept a Copy of this Letter I had in English as near as I could, and if I did not diminish any thing by the Translation; upon the Oath I have taken, I have not put any thing in it, but what the Contents of the Letter were.  L. C. J. 
Was that Letter under his own Hand?  Moyer. 
My Lord cannot deny that.  Plunket. 
Do you know my own Hand writing?  Moyer. 
Does your Lordship deny, that I know your Hand?  Plunket. 
Pray Sir will you answer it.  Moyer. 
Yes, I do very well.  Plunket. 
When did you leave Ireland?  Moyer. 
I will tell you that, my Lord, 'tis some 14 or 15 years ago.  Mr. Serj. Jeff. 
You were giving an account of the Letter, read it.  Moyer. 
Here is the Contents, Illustrissime Domine, it was directed to Signior who is now Secretary of the College De propaganda Fide, (so than he read his Paper.  Mr. Sol. Gen. 
You say, you translated that out of a Letter under the Prisoners own Hand.  Moyer. 
Yes, I translated it immediately, and to prove it, I have Statutes which his Lordship made in the general National Council, which are under your own Hand, my Lord.  Mr. Sol. Gen. 
When did you make this Translation?  Moyer. 
Five years ago.  Mr. Sol. Gen. 
Where did you make it?  Moyer. 
I made it out of the Original in Ireland.  Mr. Sol. Gen. 
Where is the Original?  Moyer. 
When I was taken by Mr. Murfey and Mr. Hethrington the last year, the Soldiers and Tories came and took them away with other Papers I had of the same business.  L. C. J. 
Was the Paper you translated that from, of his Hand Writing?  Moyer. 
No, my Lord, the Paper I took this out of, was a Copy of the Original.  L. C. J. 
Was the Original of his Hand Writing?  Moyer. 
Yes, it was.  L. C. J. 
Where did you take it?  Moyer. 
In Caprennica, when I met with my Lord's Page.  L. C. J. 
What made you take a Copy of it?  Moyer. 
It was in Latin and Italian, and I translated it afterwards.  L. C. J. 
And the English Father, you say, made bold to open it.  Moyer. 
Yes, because he thought 'twas a Letter of Recommendations, but the Original of the Statutes made at Clouds, I did take the Original and gave a Copy to the Page.  L. C. J. 
Have you the Original here?  Moyer. 
Yes, my Lord, under his own Hand.  Plunk. 
That's another thing.  L. C. J. 
But we would know that other thing.  Mr. Serj. Jeff. 
My Lord, I desire that he would produce it, 'tis his own Hand Writing, see whether his Grace can deny it.  Moyer. 
The signing of it is his own Hand Writing, I got the Writing along with the Letter, and thinking to have a Copy of the one as as well as of the other; it was the Statutes I got, and I never knew I had them till I was in Madrid in Spain.  
Then the Paper was shown to the Prisoner.  Plunk. 
My Lord, 'tis my Hand.  Moyer. 
Indeed, my Lord, 'tis your own Hand.  Mr. Serj. Jeff. 
He owns it.  Moyer. 
And there is an Order in those Statutes, wherein Ireland was bound to send so much money to Rome upon such a design.  
The the Witness read the Title in Latin.  Mr. Just. Dolb. 
Look out that Clause for the raising of the money.  Moyer. 
My Lord, 'tis that I look for. Cum toti Clero in Hibernia necessarium sit.  Mr. Just. Dolb. 
That is but negotia generally.  Mr. Serj. Maynard. 
That was to solicit their Affairs.  Mr. Att. Gen. 
'Tis 500 l. in the whole.  Plunk. 
Is it 500 l?  Moyer. 
'Tis in Figures, a 5 and two [00.]  Plunk. 
My Lord, this is Counterfeit, 'tis put in by other Ink.  Mr. Just. Dolb. 
Like enough so.  L. C. J. 
Nothing more ordinary, yau leave a blank for for the Sum, and then, may be, you put it in with other Ink.  Mr. Just. Dolb. 
How much do you say was the money, Dr. Plunket?  Plunk. 
My Lord, every Agent that is kept at Rome hath a maintenance, as all Countries have their Agents at Rome.  Mr Just. Dolb. 
How much was it?  Plunk. 
It was 50 l. a year.  L. C. J. 
Look you, Mr. Plunket, consider with yourself, 50 or 500 in this Case is not 5 farthings difference, but the money was to be raised by your Order.  Plunket. 
Ay, but whether it was not raised to this effect; There is never a Nation where the Roman Catholic Religion is professed, but hath an Agent for their Spiritual Affairs at Rome, and this was for the Spiritual Affairs of the Clergy of Ireland.  Mr. Serj. Jeff. 
And the Letter was for Spiritual Affairs too, was it not?  Plunk. 
I desire nothing, that is a truth, every Nation hath an Agent, and that Agent must be maintained; and the reason is this, because we have many Colleges beyond Sea, and so there is no Country of Roman Catholics, but hath an Agent in Rome.  L. C. J. 
You had better reserve yourself till by and by, to answer that & the Letter together; for this is but a small part of the Evidence.  Mr. Att. Gen. 
About this Letter you were speaking of, pray, will you tell what fell out about it.  Moyer. 
I will tell you how it fell out afterwards. Then I came along into Marseilles in France, and there were 2 Captains that had as much notice as I had in that Letter, for they were discoursing that they would advance themselves in the French Kings Service, and hoped, that by the King of France's help to have the Roman Catholic Faith set up in their own Country; why, that discourse passed off, for I was mightily afraid of any such thing, because I was of another opinion; for perhaps I might think the Roman Catholic Faith would flourish as well as ever it did, and hoped so as well as any body else, but not by the Sword. As I came to Madrid, there came one Hugh O donnel, Son to O donnel, with Letters of Recommendation, and those Letters were to entitle the young man Earl of Tyrone, and likewise that his Majesty the King of Spain should help him for Ireland, according to the form of the Letters he had. And then as I came for Ireland, speedily after there came Letters of Recommendation to me, that I should present sent myself to my Lord Primate, to hear Confessions, and be heard preach. I came to his Lordship at his own House the 9th. of December (74) and there he kept me several hours, and approved me; and the Copy of the Approbation I have to show. And after a long dispute we went aside, and went to look Father Patrick, and there he showed me such and such things. And after a long discourse I told my Lord Primate, I see your Lordship's Letter, which you sent by young O Neal, in such a place, and he showed me the Contents of it; and, said I, Ay, my Lord, 'tis a good Intention & Design, if it can be done without Bloodshed; then my Lord mused a little, and, said he, well Father Francis, (which is my name in Religion, my Christian name is John) pray will you keep it secret, well my Lord, said I, you need not fear; for, said he, what ever I have done herein was not for my own good, but for the public good of the Catholics. Well, said I, 'tis well, Then does he commend me into the Parish of where this Mr. Murfey here was to put in a Bull, that I had from my Lord Primate, which Bull was brought here last year; and there he proferod me high Promotions, if I would further such things, and solicit such Gentlemen as I knew would be private in such a business, such as were old Commanders among my Friends and Relations. Shortly after this I saw Plunket and Bishop Tyrrel, and Captain Con O Neal practising to bring Soldiers ready for Ireland, assoon as they could get opportunity. This Captain Con O Neal coming to the place where we kept our Priory, and he and his Brothers were Sons to General O Neal. And there Captain Con comes in the night time and lodges with us, and discoursed with his Brother and I, because I was his Companion beyond Sea, about these matters, That he expected my Lord Primate and Bishop tyrrel's coming thither that night, to make some proposals about the Church and other Affairs. After ten a clock, or thereabouts, my Lord Primate and Bishop Tyrrel came with others in their company, and there they and Father O Neal did consult amongst themselves, that they should send Captain Con to France, and to Barcelona, with such and such Instruments; and sending those Instruments away, Captain Con departs the Country and goes for France soon after; and speedily my Lord Primate undertook, that he and Bishop Tyrrel should view Munster and Ulster, and other parts of Ireland, to see how Affairs stood. Soon after my Lord Primate calls a General Provincial Council, and sends out his Orders to levy such and such Taxes and Subsides, and Warrants to all the Parish Priests, that they should give them new Lists to know whether the Numbers they had sent to Rome before, would comply with that List. And then O Neal went to view the Forts of Charlemont and Dun Gannon, whilst those Lords did collect the money; the Orders I have seen with my own proper Eyes, and his own man confessed before the Council in Ireland that my Lord gave them under his Hand.  Mr. Serj. Jeff. 
What year was this?  Moyer. 
It was in (76) to the best of my remembrance:  L. C. J. 
Look you Sir, was this at a Provincial meeting?  Moyer. 
Yes, my Lord, a General National Council, to send over Instruments to tell them, that they were ready to assist any Foreign Army, that should help on the design.  L. C. J. 
And to raise money?  Moyer. 
Yes, my Lord.  Mr. Just. Dolben. 
Have you paid him any money?  Moyer. 
I was exempted myself; but I have seen others.  Mr. Just. Dolben. 
How many?  Moyer. 
I believe 30.  Mr. Just. Dolben. 
It was not then a secret thing, but openly done by them.  Moyer. 
Yes, I saw them when they came with Orders, there were four Priests, and they had a great Cloak-bag going with Orders up and down.  Mr. Serj. Jeff. 
Why were you exempted?  Moyer. 
Because I am a Regular Priest.  Sir Fr. Withens. 
You say you saw the Orders for raising of money, how do youknow for what it was to be employed?  Moyer. 
It was there specified down.  Plunket. 
Can you show any of the Orders?  Moyer. 
I could not take them, they did not concern me.  Sir Fr. Withins. 
How was it specified?  Moyer. 
To Levy so much Money per Priest. I cannot remember the particular Sum; but that every Priest should give so much towards an Agent in Rome to Solicit their business and forward it.  L. C. J. 
What Year was it?  Moyer. 
(76.)  L. C. J. 
Was any of the Money specified for raising an Army or bringing in the French?  Moyer. 
It was both for the Agent and to summon a National Council, to get things ready prepared to entertain and accept the French Army when it should come. I am not so good in expressing myself in English.  L. C. J. 
Your sense is good, 'tis no matter for your expression.  Mr. Jones. 
What more do you know?  Moyer. 
I know that he had the same Council, and that they did agree upon the business, and this I know by one Patrick Borne, and I being willing that this wicked Action should be hindered, sent to the next Justice to discharge myself of it, which Justice was as favourable to the business as my Lord himself was.  L. C. J. 
Will you ask him any Questions, Mr. Plunket?  Plunket. 
I desire to know when he left Ireland?  Moyer. 
I cannot tell how to number the years, but I think it was in 62 or 63, to the best of my remembrance it was 16 or 17 years ago.  Plunket. 
When did you return?  Moyer. 
I came back in 74, you know it, my Lord.  Plunket. 
Very well, when did you see the Letter with the young man in Caprennica?  Moyer. 
In (72.)  Plunket. 
How then did you know my hand which you had never seen?  Moyer. 
I have seen it several times to several Instruments, to Signior and I have seen several other Letters of your hand.  Plunket. 
How did you know my hand?  Moyer. 
I cannot positively say, I then knew your hand, but according to relation, I heard it from those Cardinals I conversed with at Rome.  L. C. J. 
But now you are acquainted with his hand, is it the same hand which you have seen up and down in Writings with his name to?  Moyer. 
Yes, my Lord it is the very same hand.  Mr. Serj. Jeff. 
I ask you, Sir, when you came back again and told him you had seen such a Letter under his hand with O Neal, did he own it to you?  Moyer. 
Yes he did own it, and that he did not do it for his own benefit, but for the public.  Mr. Serj. Jeff. 
Did he desire you to be secret?  Moyer. 
Yes, he did, and to be discreet, and he would see me highly promoted. And, my Lord, you sent Proposals to me, to give me 100 l. that I should not prosecute you, according as they told me, and they gave me one Guinny in hand for it.  L. C. J. 
Some of it came to the hands of Murfey I believe.  Plunket. 
My Lord, I cannot say any thing to this, my hands are tied, because my Witnesses are not here. My Lord, if I had my Witnesses and Records, I did not care for all these Witnesses.  L. C. J. 
But you know, you had time to bring them.  Plunket. 
My Lord, I desire to know whether this be his hand, (showing the Paper to Mr. Moyer.)  Moyer. 
Yes, I believe it is.  Plunket. 
I desire it may be read.  Moyer. 
Yes, I am very well satisfied it should.  Cl. of Cr. 
Reads. For my very Reverend Father Anthony Guardian of Armagh, Your Letter & Citation— 'Tis dated in July (78.)  Plunket. 
He can best read it himself.  Cl. of Cr. 
Read it right (the Paper being delivered him.)  Moyer. 
My Lord, I pity him with all my heart, that a man of my own Function, should be brought into question for such things as these are, (he reads) Very Reverend Father Guardian, 'tis dated 1 July (78.) Your paternities' paternal Letter and Citation homeward, I did instantly peruse. As for my Lord O. Plunket, I wrote a Letter to him the day before I saw your Reverends last, that he might cause my Fame, which is as dear to me as my Life, to be recalled; or I should cause his Name to be fixed at every public place, which by the Almighty I will do, Nature and all reason compelling me to do it.  Plunket. 
My Lord, I say this, he says he came to my house when he came over, and I imparted this secret to him, yet you see I had denounced him throughout my whole Diocese, and he here calls me by all those Names of Elemas, Simon Magus, and Barjesus, and 'tis impossible if I had communicated such a secret to him, that I would deal so with him.  Mr. Just. Dolben. 
He does not say, you imparted this secret to him, but he says, when he told you of the Letter, you answered him, but you seemed surprised and mused first.  L. C. J. 
You seemed to flatter him then, and told him you hoped to see him, the best of his Order, highly promoted.  Mr. Just. Dolben. 
How came you to fall out, Moyer?  Moyer. 
When first they had this meeting at Brantry, seeing a Cloud coming, and dreading a War, and the consequencies of it, I went and applied myself to Sir Hamilton, one of his Majesty's Privy Councillors in Ireland, and I gave in all my Informations December 7 (76.)  Mr. Just. Dolb. 
And thereupon he denounced you Excommunicate?  Moyer. 
Yes, and afterwards, when he saw I was in communication and familiar with these Privy Councillors, than he was certain I had discovered the matter, and then he got a great many devices to get the Letters out of my hand.  Plunket. 
You shall see under his own hand all the Stratagem of this, if I had my Witnesses here, you should then see under his own hand, upon what account he fell out with me. Pray, my Lord, ask him if this other Letter be his hand.  Moyer. 
I believe it is my own hand.  L. C. J. 
Read it.  Moyer. 
(Reads) Very Reverend, Father Guardian (then speaking) My Lord, you know that I was loath to discover myself, being among People knowing of the Plot.  L. C. J. 
Well, read it over.  Moyer. 
(Reads) the 23. of April (78) I was somewhat comforted by your Letter. But now I hope your Reverence hath considered what wrong I have sustained, by my envious Adversaries Calumnies, only for standing, as I have a Soul to save, for your Rights and Privileges, as also for endeavouring to hinder my native Country's ruin and destruction.  Mr. Just. Dolb. 
Read that again. (Which he did.)  Plunket. 
Observe, that I was his Adversary, for standing for the Rights and Privileges of the Friars.  Mr. Just. Dolb. 
As also for endeavouring to hinder his Country's ruin and destruction.  L C. J. 
The one and the other were the reason of your falling out.  Moyer. 
(Reads on.)  Moyer. 
My Lord, I was I confess a begging Friar, and stood up for the Privileges of the Friars.  Plunket. 
Did you write any Process to Rome against me?  Moyer. 
No, I never did it.  Plunket. 
My Lord, does not he say I was in disgrace at Rome?  Moyer. 
No, nothing of that.  L. C. J. 
I don't hear it, but what if he did? what is that to the purpose.  Plunket. 
To show his Contradictions, now he says, I was great in Rome, and but then in his Letter he says, I was in disgrace at Rome. Now he says, all that he had against me, was for his Friars, and to hinder the destruction of his Country; because I hindered the Friars to beg there, is the Destruction of his Country. as he was doing there Upon that he fell out with me, and upon that his own Superiors sent this Order.  L. C. J. 
We can't meddle with your Superiors Orders, they are no thing before us.  Mr. Serj. Jeff. 
My Lord, I think for the present we have done with our Evidence.  Plunket. 
My Lord, to show what was part of the falling out, I would ask him if he was Indicted for any Crime, and found Guilty by a Jury?  Moyer. 
That was for discovering, for I discovered it before.  Plunket. 
My Lord, he confesses he was Convicted for giving Powder and Shot to the Rebels.  Mr. Just. Dolben. 
No, no, he does not say so; produce the Record, if you have any of such thing.  Moyer. 
To satisfy the Court.  Mr. Serj. Jeff. 
Look you, Dr. Plunket, if you will ask him any questions, that by Law he is bound to answer, do it of God's name, we will not interpose, but if you ask him any questions that may tend to accuse himself, we must tell you, he is not bound to answer them.  Plunk. 
He hath been convicted and found guilty, he will confess it himself.  L. C. J. 
He is not bound to answer such a Question.  Moyer. 
It was a Tory swore against me, that you did absolve.  Mr. Just. Dolb. 
Don't tell us a story of your Tories.  L. C. J. 
Look you Mr. Plunket, don't misspend your own time; for the more you trifle in these things, the less time you will have for your Defence, I desire you now to consider, and well husband your time for your Defence; what have you to say for yourself?  Plunk. 
My Lord, I tell you, I have no way to defend myself, in that I was denied time to bring over my Records, and my Witnesses, which are 10 or 12. And if I had them here, I would stand in defiance of all the world to accuse me; but I have not sufficient time to bring over my Records and my Witnesses, and I am brought here from out of my native Country; were I in Ireland, there both I and they should be known: but when I was to be tried there, they would not appear; and it is all false and only malice. These men used to call me Oliverus Cromwellus out of spite.  Mr. Serj. Maynard. 
You are very like him, a Destoyer of the Government.  Mr. Serj. Jeff. 
Were not you acquainted with him?  Plunk. 
This is all I can say, if I had my Witnesses here I could make my defence.  L. C. J. 
Here are some things, that if you can give an Answer to, you will do well to do it; for they stick close to you. They do testify against you here, that you did undertake to raise a body of men in Ireland, 70000 men they speak of out of in your own Nation, and all these were to join with the French, for the introducing the Religion of the Romish Church into Ireland, and settling that again there. And that you, in order to this, did take a Survey of all those Roman Catholics that were able to bear Arms, from 16 to 60; and there is plentiful Evidence, that you did go a Circuit there to peruse all the Towns, and see which might be most convenient for the taking in, and entertaining the French, and landing their Forces; and Charlemont, you did design that for one strong place to be taken, and Dun-Gannon for another, and that you did design the French Army to land at Carlingford, and all that was with you, tells the reason you gave, why that should be the place, that they might come up with a burdened Ship to the very Gates of the Town, that you did, in order to the entertaining these foreign Forces, raise money, that you did send out your Orders sub poena suspensionis to all that were of the Roman Clergy, and that this money was received, several of them testified that they paid it to you, and this man hath seen great numbers of persons pay money to you upon these accounts. All these are Treason, what say you to them. It does import you to consider what Answer you can give.  Plunk. 
My Lord, first as to the first point, I answer, that I never received a farthing of money out of my own District, and but for my own Livelihood, and that I can prove by those that have received it for me, that I never received over threescore pound a year in my life, unless some Gentleman would now and then give me 10 s. for my relief. For, my Lord, this is the way in Ireland, every Priest hath so many Families allotted to him, and every Roman Catholic Family gives 2 s. a year (as they that profess that way, know) and the Priests give me who am Superior over them, in my own District, some 20 s. some 30 s. and I never got so much in my life as to maintain a Servant, and this was attested before the Council in Ireland.  Mr. Just. Dolb. 
Ay, but the Witnesses say, out of your own District you sent into another Bishop's Diocese to collect money.  Plunk. 
My Lord, I say I could never get so much as to keep a Servant, and till now I never got a farthing out of my own Diocese, unless I have been called to an Arbitration or some such thing, it may be for my Journey and Expenses 40 or 50 miles they would give me something for my maintenance; if you should find any thing else, I will be content to suffer; and if my Evidence were brought from Ireland, there is nothing but what would be made clear, both under their own Hands and by Records, and that is all well known, and was attested in his presence before the Council in Ireland, which threescore pounds was a very small thing to maintain me, and I never had above one Servant, and the House I lived in was a little Thatched House, wherein was only a little Room for a Library, which was not 7 foot high, where once this fellow came to affront me, because I had hindered him from begging, and that's for the Mony. For the Men, I defy any one that ever see me make a List of Men in my life, or can produce any List made by my Order. I was never in my life at Kinsale, at Cork, at Dun-Gannon, at Limerick, etc. or those parts of Munster which were the chief Ports where the French should come in, and not in Carlingford, which is the narrow Seas in Ulster, which any one that knows the World will judge to be a very improper place for the French to land in. 'Tis all one as to say that the French should come in at a poor place where they could get nothing, it being at the narrow Seas, and they never saw me there in their lives.  L. C. J. 
Yes, one does say, he was with you.  Plunk. 
Well, one does say he saw me there, but if I had my Witnesses here, I could prove he was a Friar, and declared an Apostate by his own Provincial, as this Gentleman is, and because I hindered them to beg in my Districts, therefore they have this malice against me, that is all. Well, my Lord, that is for that: I was never in my life in Connaght; and they cannot say, I took any List in Ulster, nor was twelve miles in Munster in my life: But thus, my Lord, sometimes there would be, as our way is, so many Families assigned to every Priest, (and this is the plain truth) this Priest perhaps complains to me of the inequality, my companion near me hath 150, and I have but threescore, which I must rectify; though I never knew but one of these Complaints. And if I had my Witnesses from Ireland, and the Records, I would defy all these Witnesses together. For my sending to Rome, I had never an Agent in Rome for these seven years past, because I was not able to maintain him, and indeed it was a great shame to us; because there is never a Community of Friars, that hath a College beyond Sea, but hath some Agent at Rome.  L. C. J. 
'Tis a shame to have one there, not to want one.  Mr. Just. Dolb. 
Well, if you have Witnesses, I cannot tell what to say.  Plunk. 
If I had gotten but to the latter end of the Term, I had defied them altogether. And your Lordship should have seen under their own hands what they were.  L. C. J. 
You forget this all this while, your own Letter, wherein this matter is, that you had searched the Towns and considered it.  Mr. Att. Gen. 
He does deny there was such a Letter, he does not own there was such a Letter.  Plunk. 
I my Lord, I never did write such a Letter. And that young man that he speaks of, I could prove, if I had my Witnesses, that he never was in any Service or Company in Ireland, nor writ any Letters by him.  L. C. J. 
Did you never send any Letter by one O Neal?  Plunk. 
No my Lord, but he went over a begging.  Moyer. 
This young man's Brother in Law will testify, that he was your Lordship's Page.  Plunk. 
I have 3 Witnesses that he came there begging, naked, and was sick 3 months, and went over a begging, and was at Rome as a straggler.  Moyer. 
Call Hanlet, (who came in)  Sir Fr. With. 
Did you know Neal O Neal?  Hanlet. 
Yes.  Sir Fr. With. 
Whose Servant was he?  Hanl. 
My Lord Plunket sent him to Rome; he was sent there with his Letters, and I saw the young man and the Letters.  Mr. Jones. 
Did he come a begging there?  Hanl. 
No.  Plunk. 
Where did you see him?  Hanl. 
At Mant.  Plunk. 
Where is that?  Hanl. 
In France.  Plunket. 
And you saw him with my Letters?  Hanl. 
Yes.  Plunk. 
And this man says, the Letters were opened at Caprennica, because he thought they were Letters of Recommendation.  Hanl. 
Why, he went that way afterwards, and they were not opened when I saw them.  Mr. Serj. Jeff. 
Did you know he was the Doctor's Servant?  Hanl. 
Yes, he was.  Plunk. 
Did you see him in my Service?  Hanl. 
I saw him in Mant.  Mr Just. Dolb. 
How do you know he was the Bishop's Servant.  Hanl. 
Because he showed me his Letter.  L. C. J. 
Was he owned for his Servant, and was he taken for his Servant.  Hanl. 
Yes.  Plunk. 
Did he go on Foot or on Horsebak.  Hanl. 
He went on foot.  Plunk. 
He was in a poor condition in a place not above four miles from Rome, that I can prove.  L. C. J. 
Did he beg as he went?  Hanlett. 
No.  L. C. J. 
Mr. Plunket, if there is any Question you will ask of the Witnesses; or if there be any Evidence you would give yourself, this is your time for the doing of it; if not, we must leave your Case to the Jury, who have heard the Evidence all along.  Plunk. 
Only this, my Lord, your Lordship sees how I am dealt with. First and foremost, I have not time to bring my Witnesses, or my Records, which if I had, I would not weigh one farthing to leave my Cause with any Jury in the world. Besides all this, I am brought out of my own native Country, where these men lived, and I lived, and where my Witnesses and Records are, which would show what these people are. I sent by the Post and did all that I could, and what can I say when I have not my Witnesses against these people, they may swear any thing in the world; you cannot but observe the improbability of the thing in itself, and unto what a condition I am brought. My Lord, my Life is in imminent danger, because I am brought out of my own Country, where these people would not be believed against me.  Mr. Sol. Gen. 
My Lord, I think this matter lies in a narrow compass, the Evidence hath been long; I would only repeat the short Heads of that which hath been given at large. He is indectid for a Conspiracy to kill the King, the Overt act is an Endeavour to introduce a Foreign Power into Ireland, to raise an Army, and levy War there; and the Proof of it hath been very full. The Proof in general, that there was a Plot to introduce the French, is plain by all the Witnesses, and the Proof in particular upon this person at the Bar, hath been as plain as any thing can be. They prove to your Lordship in general, that there was an Expectation that the French should come in, that there was an Invitation of Florence Wyer the first Witness, to go over into France, and speedily he should have a Command upon his return, in Ireland, that there were Preparations; for this appears by the Oath of Secrecy given to several men. Forty men that came along with Bishop Tyrrel to keep it private during their lives; and there was a farther proof of that general Conspiracy by Duffy, that when there was a general meeting of so many thousand people for Confirmation, there was by the Gentlemen at that meeting a secret Consultation how to carry on the Design, and how to list men, and to look out the old Officers in the late Rebellion, and to see what posture they were in, as to the management of this Design, and this comes now particularly to the Prisoner who was by at this Consultation, so the Witnesses do tell you. But that that comes nearer to him, is, that he did issue out Orders for the raising of Money, and that he did raise Money pursuant to those Orders, and did receive Money for that very purpose; this is proved by three Witnesses, Duffy, and Mac Legh, who paid the Money, and by Moyer the last Witness, who saw him receive it from several Persons. This is positive upon him; nay, they say farther, that there was a List made of the several men, in the several Parishes, that were able to bear Arms upon occasion, from sixteen to sixty, and there was a List of a matter of threescore thousand men that were ready upon any occasion to rise for the purpose, and this List was delivered over into the hands of the Prisoner at the Bar. There is one Witness, Duffy, that says farther, that he saw a Letter under his hand in France to the Cardinal Bovillon, to invite the French King into Ireland, and he did wonder that he should spend his Time and Blood in Wars against Spain, which was a Roman Catholic, and not come into Ireland to extirpate the Heretics. And this Letter is confirmed by another Letter, which was seen by Moyer, a Copy of which is produced, which he translated from the Original in Latin, and the Letter was sent to Rome by Neal O Neal, whom the Prisoner says he had no concern for, but to give him some Recommendations.  Plunket. 
I gave him no Recommendations.  L. C. J. 
No, he says he did not give him any, nor sent any Letter by him.  Mr. Soll. Gen. 
Then he urged, that he went along begging by the way, but 'tis proved he was sent by him, and sent with Letters, and that by his Brother in Law, who met him at Mants. And 'tis proved by Moyer, who saw the Letter opened, taking it to be but a common Letter of Recommendation, he read the Letter and took a Copy of it, and translated that Copy, which Translation is enough to verify all the matter which the Witnesses have sworn, for 'tis agreeing to what he said to Cardinal Bovillon in his other Letter, that it was more proper for the Catholic Princes to agree together to extirpate Heresy, than to vary amongst themselves, that now was the time: for there were threescore thousand Men ready to rise upon such an Invasion. This is the substance of the Letter, and this proves fully the Conspiracy this man was engaged in, his receiving Money, his Listing Men, and his Invitation of Foreign Princes. And this is fully proved.  Mr. Serj. Maynard. 
And so his viewing the Ports too.  Mr. Sol. Gen. 
It was likewise agreed that Carling ford should be the Port, and 'tis like enough to be the Port, for 'tis a very large Port, that Ships of the greatest Burden may come up to the Town, and the Town itself but a weak Town. This is the substance of the Evidence, and this is proof enough, we think, to convict any man of this Fact.  Mr. Serj. Jeff. 
My Lord, I shall trouble you but with one word that hath been omitted. I think 'tis a Cause of great Example, and that thing which the Prisoner seems to make his Excuse hath been answered by a Favour and Indulgence from the Court in a very extraordinary manner. For, in as much as this Gentleman would make it a very hard case, That he is brought out of his own Country, and hath not his Witnesses; it is very well known that by a particular Favour of the Court, which is not usual in these Cases, he had between five and six week's time for preparation for his Trial: so that truly as to what does appear, I think all the Witnesses that have been examined, are Witnesses to be credited, except you Gentlemen, of yourselves can convict upon your own knowledge these Persons of any Misdemeanour, which I think you cannot, much less of Perjury. But besides, the Witnesses we have produced, all which speak to the Plot in general, and four of them fix it upon the Person at the Bar; they speak particularly, and every one agrees in Circumstances, and that other that spoke mincingly, I put it upon; it is the greatest Evidence that can be. For that person that could come before a Grand Jury, and there be the main Witness, but when he comes here, must be screwed and pumped to discover the seventy thousand men. And I suppose you did observe how difficult it was to know of him, whether this Person was Primate of Ireland, or whether it were from the authority of the King or the Pope, a very probable thing, that he should be such a one as the King designed to be Primate and Superintendent of Ireland. Further, my Lord, this I desire to take notice of too, that Wyer, the first Witness, fixes four particular things upon the Prisoner at the Bar, which have not yet been taken notice of. First he fixes a discourse with another person that was Competitor with him for this very Office, Bishop Duffy, and he gives the reason why he was admitted into the Office rather than the other, because he was a man of greater Ability to carry on the Design, and though he does not give you an account of the Design; yet the rest of the Evidence do, and make it to be the Design then carrying on. Another thing is, he tells you of the sending one into France, that was to come back again in order to this Design, I think his name was Mac Donnel, and then the great Tory Fleming and he were to come back again Colonels in the Army that was to be raised. The next person, that fixes it upon him, is Mr. Han O Neal, and he gives the plainest Circumstances, That at a time in August when Bishop Tyrrel came to the House of one Bradey with so many men well equipped with such and such Arms, and took the Oath of Secrecy; he himself, but not only he, but the other Priest Mac Legh, was present at the same time, and took the said Oath, and he does tell you that that very Priest was sent to Dublin to discover it at that very time, and so he 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 he 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 Jurisdiction 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 poena suspensionis, I do not know whether they mean 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 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 a house seven foot high, it seems there is above that thatched house a Chapel.  Plunket. 
There is no Chapel.  Mr. Serj. Jeff. 
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 moneys, and view all the Ports and places of strength. And, my Lord, that which is a very great circumstance to back the Evidence of the first Letter to the French Cardinal Bovillon which was taken notice of by the first Witness, and there is such a 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 that very instance too, that instead of drawing their Swords against one another, they had better come to promote the Catholic Faith in Ireland. These four Witnesses are punctual and precise in every particular circumstance of the Case, and against them there is nothing but the common Objection. If I had such Records, and Witnesses here, I could 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.  Mr. Att. Gen. 
Where is Eustace Commines, for he was one that gave in Evidence against the Prisoner.  
[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 I were in discourse, and he said if there was Law to be had in Ireland, he would show Mr. Plunket his share in it.  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 misdemeanour of him.  Mr. Just. Dolben. 
How came you here to day?  Gormar. 
I was summoned.  Mr. Just. Dolb. 
By whom? Was it the Attorney General or Plunket that summoned you?  Gormar. 
Here is the Summons.  Mr. Serj. Jeff. 
It is a common Sub Poena.  Plunket. 
I never sent for him.  Gormar. 
It was not against you, they know I had nothing against you, I thought you did more good in Ireland than hurt, so I declare it.  L. C. J. 
Have you any more Witnesses? if Fitz Gerard 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 'tis 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 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 better landing of them, looked out what places were most convenient for them; That he hath set a Tax upon the Clergy within his Province for the facilitating of all this, and for the making preparations for the entertainment of this Army. This the Witnesses testify against him, and that there were some Towns, as Dungannon and another Town, that were to be betrayed to the French. Now you must consider concerning these Witnesses: If you believe the Evidence that hath been given, and which hath been repeated by the King's Counsel, and if you believe that he did design to bring in a French Army, to establish the Roman Religion there again, and that he took upon him to raise money for that purpose, surveyed 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 hour, 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. Junii 1681, Oliver Plunket was brought to the Bar to receeive his Judgement.  Mr. Att. Gen. 
My Lord, I pray your Judgement against the Prisoner Oliver Plunket.  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 Jadgment of Death should not pass upon thee, and Execution be thereupon awarded according to the Law.  Plunket. 
My Lord, may it please your Lordship, 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 to convince them evidently and show 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 appeared, but hither over they come, and procure that I should be brought hither, where I could not have a Jury that knew the Qualities of my Adversaries, or who knew me, of the circumstances of the Places, Times, and Persons; the Juries here as I say were altogether strangers to these Affairs, and so, my Lord, they could not know many things that conduce to a fair Trial, and it was morally impossible they should know it. I have been accused principally and chiefly for surveying the Ports, for fixing upon Carlingford for the Landing of the French, for the having of seventy thousand Men ready to join with the French, for collecting Money for the Agents in this matter, for the assisting of the French and this great Utopian Army. A Jury in Ireland consisting of men that lived in 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 he 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 whereas 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 Arch Bishop of York will not permit him to meddle with his Province; and 'tis 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 seventy Thousand. This, a Jury there, my Lord, had known very well, and therefore the Laws of England, which are very favourable to the Prisoner, have provided that there should be a Jury of the place where the Fact was committed, as Sir Thomas Gascoine, 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 at 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 had it put off till Michaelmass, but your Lordships did not think sit to grant so long, but only till the eighth of this month, when my Witnesses who were ready at the Sea side, would not come over without Passes, and I could not get over the Records without an Order from hence; which Records would have shown that some of the Witnesses were indicted and found guilty of high Crimes, some were imprisoned for Robberies, and some of the Witnesses were infamous people, so I petitioned the eighth of this month, that I might have time but for twelve days more, but your Lordship thought when the motion was made, that it was only to put off the Trial, and now my Witnesses 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 exposed to my Adversaries, who were some of my own Clergy, whom for their debauched Lives, I have corrected, as it is well known there. I will not deny myself, but that as long as there was any Toleration and Connivance, I did execute the Function of a Bishop, and that by the second of Elizabeth is only a Praemunire, and no Treason. So that, my Lord, I was exposed defenceless to my Enemies, whereas now my Witnesses are come, that could make all appear. I did beg for twelve days time, whereby you might have seen as plain as the Sun, what those Witnesses are that began the Story, and say these things against me. And, my Lord, for those Depositions of the seventy thousand Men, and the moneys 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 forty shillings 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 Proemunire 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 sworn 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 having not 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, surely my Case does; and 'tis such a rare Case, as I believe you will not find two of them in print, that one arraigned in Ireland, should be tried here afterwards for the same Fact. My Lord, if there be any thing in the World that deserves pity, this does, for I can say, as I hope for mercy, I was never guilty of any one point they have sworn against me, and if my Petition for time had been granted, I could have shown 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, and being tried, I am at your mercy.  L. C. J. 
Well, you have nothing further to say in Bar of Judgement, you have said all you can?  Plunk. 
I have nothing further to say, but what I have said.  
Then Proclamation was made for silence, while Judgement was passing upon the Prisoner.  L. C. J. 
Look you, Mr. Plunket, You have been here indicted of a very great and heinous Crime, the greatest and most heinous of all Crimes, and that is, High Treason; and truly yours is a Treason of the highest nature, 'tis a Treason in truth against God an your King, and the Country where you lived. You have done as much as you could to dishonour God in this case; for the bottom of your Treason was, the setting up your false Religion, than which, there is not any thing more displeasing to God, or more pernicious to mankind in the World: a Religion that is ten times worse than all the Heathenish Superstitions, the most dishonourable 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 your 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 your, 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 Judgement.  
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 a fair Trial, and a Trial with as much candour 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 week's time to send for Witnesses, is not usual, we could have put you upon a present Defence, and hurried 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 such a Case could be used, for we gave you all the fair Hearing and Liberty that you desired to have.  
Look you, as to what you urge, that your Trial was in this Kingdom, whereas your Offence was in another, that is a thing that does not become you by any means to object; for you have had a Trial here by honest persons, and that according to the Laws which obtain in this Kingdom, and that too of Ireland, which is by a Statute not made on purpose to bring you into a Snare, but an ancient Statute, and not without Precedents of its having been put in execution before your time. For your own Country will afford you several Precedents in this Case, as O Rurke, and several others that have been arraigned and condemned for Treason done there. So that you have no reason to except against the Legality of your Trial. You say, now you have Witnesses that could prove all this Matter, why that lies in the mouth of any man that is condemned to say; but pray consider with yourself, what Regard aught to be given to this. We cannot help it, if your Witnesses don't come, you may remember they wanted not Time nor Opportunity to come over, but you told us they would not come unless they had a Passport.  Plunket. 
My Lord, they got a Pass to come over afterwards, and so in eight days they came hither.  Lord Chief Justice. 
You might have provided yourself, if they wanted such a thing. In the first place, no body is bound to give it them; much less could you expect it for them without ask.  Plunkett. 
I could not get the Copies of the Records neither by any means, unless I had an Order from the Council, and they would not give that Order, unless your Lordship appointed it.  L. C. J. 
We cannot tell that, you should have petitioned in time.  Plunkett. 
How could any one foresee, unless he was God Almighty, that they would deny it, or that he could not get out a Copy of a Record, paying for it, without a Petition. All the Friends I had told me, upon Motion there it might be had, but here I have it under the Lieutenants and Councils Hands, that they would give no Copy of Records without Order from hence, which before I could know it, it was impossible for me to have them ready against my Trial.  L. C. J. 
Look you Sir, I do speak this to you, to show you that those Objections, which you seem to make against your Trial, have no weight at all, but in this Case it is not the Jury that are so material as the Witnesses themselves. I appeal to all that heard your Trial, if they could so much as doubt but that you were Guilty of what you were charged with. For consider here were persons that were of your own Religion, the most of them Priests, I think almost all of them in Orders.  Plunkett. 
There were two Friars and a Priest, whom I endeavoured to correct this seven Years, and they were Renegadoes from our Religion, and declared Apostates.  L. C. J. 
Look you Sir, they gave an Evidence very home to your matter; you had liberty to examine them, and they gave you a rational Account of any thing you asked. Let me but put you in mind of one thing. You made Exceptions to one's Evidence, (and indeed that was very much of your Exception to all) why he did not reveal this in all that time: Truly he told you he was of your mind, till he went into France, and saw what a Slavery and Mischief you endeavoured to introduce upon his and your own Countrymen, and this his Spirit rose against, to see what a condition Ireland was like to be brought into. And pray, did not he give you a full Answer to that Question?  Plunkett. 
I had sufficient Witnesses to prove he was an Apostate, and was chastised by me, and therefore had prepensed Malice against me.  Lord Chief Justice. 
Therefore I have spoken this to the Satisfaction, I hope, of yourself, and all that hear it. I do now wish you to consider, you are near your end. It seems you have lived in a false Religion hitherto; it is not too late at any time to repent, I wish you may have the Grace to do so; In the mean time there is no room for us here, to grant you any kind of Mercy, though, I'll tell you, we are inclined to pity all Malefactors: Who ever have done evil, we are inclined to pity them, and wish heartily that they may repent, as we do, that you may of what you have done. But all we can do now, is, to say what the Law says, and that is to pass Judgement upon you.  Plunkett. 
May it please your Lordship to give me leave to speak one word. If I were a man that had no care of my Conscience in this matter, and did not think of God Almighty, or Conscience, or Heaven, or Hell, I might have saved my Life; For I was offered it by divers people here, so I would but confess my own Gild, and accuse others. But, my Lord, I had rather die ten thousand deaths, than wrongfully accuse any body. And the time will come when your Lordship will see what these Witnesses are, that have come in against me. I do assure your Lordship, if I were a man that had not good Principles, I might easily have saved my own Life; but I had rather die ten thousand deaths, than wrongfully to take away one farthing of any man's Goods, one day of his Liberty, or one minute of his Life.  L. C. J. 
I am sorry to see you persist in the Principles of that Religion.  Plunket. 
They are those Principles, that even God Almighty cannot dispense withal.  L. C. J. 
Well, however the Judgement which we give you, is that which the Law says and speaks.  
And therefore you must go from hence, to the place from whence you came, that is to Newgate, and from thence you shall be drawn through the City of London to Tyburn; there you shall be hanged by the Neck, but cut down before you are dead, your Bowels shall be taken out, and burnt before your Face, your Head shall be cut off, and your Body be divided into Four Quarters, to be disposed of as his Majesty pleases. And I pray God to have Mercy upon your Soul.  Plunket. 
My Lord, I hope I may have this favour, of leave for a Servant and some few Friends that I have, to come at me.  L C. J. 
I think you may have liberty for any Servant to come to you, I know nothing to the contrary.  Plunket. 
And some Friends that I have in Town.  L. C. J. 
But I would advise you to have some Minister to come to you, some Protestant Minister.  Plunket. 
My Lord, if you please, there are some in Prison, that never were Indicted, or Accused of any Crime, and they will do my business very well; for they will do it according to the Rites of our own Church, which is the ancient Usage, they cannot do better, and I would not alter it now.  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 Influence upon Affairs.  Mr. Just. Jones. 
Be you present, or some body.  Plunket. 
My Servant I hope may come, without his being present.  L. C. J. 
Yes, yes, his Servant may be with him alone. Well. Sir, we wish better to you, than you do to yourself.  Plunket. 
God Almighty bless your Lordship. And now, my Lord, as I am a dead Man to this World, and as I hope for Mercy in the other World, I was never guilty of any of the Treasons laid to my Charge, as you will hear in time; and my Character you may receive from my Lord Chancellor of Ireland, my Lord Berkley, my Lord Essex, and the Duke of Ormond.  
Then the Keeper took away his Prisoner, and upon Friday the First of July, he was Executed according to the Sentence.  
FINIS.   

ADVERTISEMENT.  
Some Passages of the Life and Death of John Earl of Rochester, who died the 26. of July, 1680. By Gilbert Burnet, D. D. Are to be sold by Eliphal Dobson Bookseller on Cork-Hill, 1681.