T R Y A L
A n D
CONDEMNATION
O F
Dc OLIVER PLUNKET
Titular PRIMATE of
IRELAND,
FOR
HIGH-TREASON,
At the Barr of the Court of King's Bench, at
in Trinity Term, 1681,
I do appoint Francis Fyton,and Thomas Bajfet, to Print
theTryal of Oliver Blanket. Femberton.
DUBLIN,
Printed by J ofephOfay at Colledge-for Dobfon
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The TPxYAL and CONDE M NATION of
Dr .OLIVER P LU H I\ETTitular Primate of
* 1 LAND>
(VI
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r iil
HE Third of May 1681. in Eafter 33. Carol. Secund. Reg.
Dr. Oliver Plunket was arraigned at the Kings-Bench Bar for
High Treafon. for endeavouring and comparing the Kings
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 himlelf, that he was indi£ted of the fame High
Trealon in Ireland,and arraigned,and at the day for his Tryal the Wit¬
nefles againft him did not appear, and therefore he defired to know
if he could be tried here for the lame Faft ? The Court told him, that
by a Statute made in this Kingdom, he might be tried in the Court of
Kings-Bench, or by Commiflion of Oyer and Terminer in any part of
England, for Fads arifing in Ireland, and that his Arraignment there
(he being never tried upon it) was not liifficient to exempt him
from being tried here; becaufe till a Tryal be palled, and there be
a Convidion or Acquittal thereupon, an Arraignment, barely, is no
Plea: For in fuch Cafes the party is not put twice in danger of his
Life, which only is the thing the Law in fuch Cafes looks after to
prevent. He then defired time for his Witnefles, which they told
him he could not do till after Plea pleaded; whereupon he pleaded
Not Guilty, and put himfelf upon the Country fpr his Tryal; and
after fome confideration had about time to be allowed him to bring
his Witnefles from Ireland, the Court appointed the day for his Tryal,
to be the firfl: Wednefday in next Term/which was full Five Weeks time.
And accordingly on Wednefday the 8th. of June, in Trinity Term,
lie was brought to his Tryal, and Proclamation, as in fuch Cafes is
ufual, being made, it proceeded thus.
Clerk, of Crown. Oliver Plunket, hold up thy Hand, thofe good
men which thou fhalt hear called and perfonally appear, are to pals
between, &c.
A z Plunket
[4] ~
Plunket. May it pleafc your Lordfhip, I have been kept clofe Pri¬
soner for a long time , a year and an half in Priion ; when'I came
from Ireland hither, I was told by perfons of good repute, and a
Counfellour at Law, that I could not bevtried here; and the realbns '
they gave me were , that firft the Statute of Hen. 8. and all other
Statutes made here, were not received in Ireland\ unlefs- there Were
an exprefs mention made of Ireland in them: So that none wefe
received there but fuch as were before Poynings Aft. So I came
with that perfwafion that I could not be tried here, till at my Ar¬
raignment your Lordlhips told me it was not fo, and that I mull be
tried here, though there was no exprefs mention made of Ireland.
Now, my Lord, upon that, whereas my Witnefles were in Ireland\
and I knew nothing of it, and the Records upon which I very much
relye were in Ireland, your Lordfhip was pleated to give me time
from the 4th. of the laft month to this day ; and in the mean time,
as your Lordfhip had the Affidavit here yeflerday, and as Captain
Richard/on can teftifie, have not difpatched only one, but two to
Ireland- into the Counties of Armagh, Dublin, &c. 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, unlefs
he had fome exprefs Order from y nr Lordfhip : So that whether
it were that they were miftakeri , or wilfully refuted, I could not
get the Records which were very material for me. For in fome of
thofc Records fome of thele that aceufc me were convifted of high
Crimes, and others were Outlawed and Imprifoned, and broke
Prifon; and there were other Records alio of Excommunication
againft fome of them, and I could not get the Records, unlefs your
Lordfhip would inflruft me in fome way or other, how I can get
over them that are moil material for my Defence. The Servants
that I tent hence, and took Shipping for Ireland, were two days at
Sea, and caft back again, and from thence were forced to go to
Holly Head, and from Holly Head in going to Dublin they were thir¬
teen or fourteen days, the Winds were fb 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 pla¬
ces ; fo that in fo iliort a time, my Lord, it was morally impoflk
ble for them to have brought the Witnefles over; and thote that
were ready to have come, would not ftir at all, unlefs they had a
Pafs
' Pit
Pals from hence, becaufe fbmeof them were Roman Cathclicks, and
they had heard that here fome were taken Prifoners that were
man Catholicks , and that none pu^ht\tb come without a Pafs ; and
they being Witnefles againft the King, they might be clapped up
here, and brought into very ill condition: fo they fent one over
that made Affidavit. .j-/ , i ■
L. C.J. It was the Affidavit wa&read here yeflerday.
Plunket. So that, my Lord, I conceive your Lordfhip will think I
did it not out of any intent to put off my Tryal; for Captain
Richardfon is here, who knows that I writ by the Poft, and defired
them to come with the Pacquet-Boat, and they writ over to the
Captain after they were landed; fo that I depended upon the
Wind and the Weather for my Witnefles, and wanted your Lord-
ffiips 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
Lordfhips favour, the Cafe is rare, and fcarce happens in five hundred
years, that one fhould be in my circumfiances. I am come here where
no Jury knows me, nor the Quality of my Adverfaries; If I had been
in IrelandI would have put my feff upon my Tryal to morrow with¬
out any Witnefles, before any Pro'tefta'nt Jury that knew them and
me. And when the Orders went over, that I fhould be tried in Ire¬
land, and that no Roman Catholick fhould be upon the Jury, and fo it
was in both the Grand and other Jury; yet then when I came to my
Tryal, after I was arraigned, not one appeared : This is manifeft upon
the Record and can be proved.
L. C. J. There was 110 Profecution of you there.
Plunket. But, my Lord, here is no Jury that knows me, or the
quality of my Adverfaries; for they are not a Jury of the Neigh¬
bourhood that know them, and therefore my Cafe is not the fame
with other Cafes. Though I cannot harbour, nor do not, nor will
not, nor ought not, the leaft conceipt of hard meafure and injuflice;
yet if I have not full time to bring my Records and Witnefles altoge¬
ther, I cannot make my Defence. Some were there then, feme afar
ofF, fo that it was a miracle that 111 fix or feven Counties they could
do fo much as they did: But they got in feven or eight of them, yet
there were five or fix wanting; Therefore I befeecii your Lordfhip
' Witnefles, and then I
will
that I may have time to bring my Records a a,
[6T 1 V
will defie aH\ri^,mipon tCheJEaith and under the Earth to fay any
tiling agamfllim^nd)ncI nodte orsf wtoi mod Jwh bsa \om
L C. Ji Loofcytm pcMr. (Plunked, %is>iri vain for you to talk and
make this difcdurfe here now;, you rtitift know, that by the Laws of
this J<hagdom, when a man is indifhed and arraigned of Treafon or
Felony, 'tis not ufual to give fiicli time; 'tis rare that any nian hath had
fach time as you h£w had] fire week# time t6 provide your Witnef
f:s: It yovirrWitneiles are fo cautious, and are fuch perfons that they
dare not, or will not venture for fear' tof being apprehended, or \Vill
not come into England, without luch andfoch cautions, we cannot tell
how7 to ioelp it; Ave can't furnilh- you with Witnefles, you muft Ihok
to get your Witnefles your felf; ifwTefhould Hay till your Witnefles
will come, perhaps they will never come here, and fo you will efcape
out of the hands of Juflice. * Do not be difcouraged in this, the Jury
are ftrangers to you peradventure, but they are honeft Gentlemen,
and youih'all hdVe no other upon your Jury; and you may be con¬
fident, that if there be not fome Fail proved againft you, that may
amount to Treafon, you lhall be difcharged ; they are perfons that
underhand fo much, and we will direft them fo much. You {hall have
as fair a Tryal as if you were in Ireland; but for us to flay for your
Witnefles, or fend you back to Ireland\ we cannot do it: Therefore
you muft fubmit to your Tryal. We heard your Affidavit yellerday,
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 againft them if you will.
flunk. My Lord, I defire only to have the favour of time,lbme time
this Term. L. C. J. We can't do it.
Cl.of Cr. Swear Sir John Roberts.
Plunk. I humbly prefent this to your Lordfhip, I am then in emi¬
nent danger of my Life, if I cannot get ten days to have my Witnef-
fes over; I defire I may have but to the 21 th.oi this month, and then
if they do not come you may go on.
L. C. J. We cannot do it, you have had five weeks time already.
Plunk. I defire but a few days.
Cryer. Sir John Roberts, take the Book, look upon the Prifoner;
You lhall well and truly try, &c.
Plunket. My Lord, I defire to know whether they have been of the
Juries of Langhorn, or the Five Jefuits, or any that were condemned?
L. C. J:
rN —-p
® % MJ v. FiNtf if they h^vesVffMt.
wvii ,y.w•■"■ then thetfkiy
[yilvn Sytfohtt Rolerts, 'v;" T^M
^lav/So Thomas Harriot, '/RichardPagett, j James Partherich,
®f Henry A/hurfi, Thomas Ear sly,' j Samuel Baker,
I % -RafyhBuckmll,' rfohtoWykp■ - S
„„„, , VTtf Cr. Oliver Plmtket,hold up rhy Haiici. Yoo of the Jury bole
Btiuttlii upon thePrifoner and hearken to his Charge." ' ■
#dw, orwi •
' — — V » f. w t r 1 v. . , . ,
oa wi
•0lJ ^ j- a -*• Iter, ifrHbeyJCounty oj ,|VUddiel€X Dr\of yDivihity, for that he
as a falfe TrayiorUgainjh the mojl Uluftriom and mfi Ekcellent Prince
our Sovereign, Lord Charles the fecond, by the Grace of God, ofEnghfid,
Scotland, France, and Ireland King, and his natural Lord, the fear of
God in-his heart njot having, nor weighing the duty of his. Allegiance;; hilt
u'fflaFieS heing moved and feduced by the injhgation cf the Devil, the cordial Love,
, m Ond true and due natural Obedience, which true dnd faithful-Subjects of Mr
; V y Said Sovereign Lord the King% towards him our faid Sovereign J^ord the
Yorfallb King do and of right ought to be at > utterlywithdrawing and contriving,
a r jrt and mth dj his might intCndingthc.Feae$ Md common Tranquillity with
hp ike Kingdom 0/ Ireland, as dfr of this Kingdom ^Engl^ndv to difiurb,
aviiveferdav ^dWfK-and Rebellion againfl ouhfard SfytreigjtK Lord-th$.King in the
muetei
thenfeingthe Dominion df cur J aid S-oVereign Lord
, w u, tfcxKwgiq fM&fbepndl*h#Sem\to Jlixhup\afidni&h&paitd&ke Govern-
; u C &epfy$:0ur JfafohStxtyeefgh Lord' the. King (here to fubver.t,Pand our faid
{ ktsxRegilPvMtfS\Gvvernmentythere to De-
tllK' ^fe^and DbftriVfA and.dkr faid Sovereign Lord the.Kingpthat now is,-to
bring ahd.yai, and) the" true IVorfhip of
, • ftdandii?y 'Lcnufftic&hfke
Et iei5.fRoftifli Church; )dkfa$idfyxf QOccm^cv,
flTCflljW® *i :i.. rU/TI ^ . / A
tfjf.ye.4r of)the Reign vfour Sovereign L&d Char bs the* Second, no\v
nonin, Kfltg .^.^jglandL &c.. the ^%i\\lmd divers btUeh days and times, uPtve/l
, I, %t JP**bjm wMe Kivg/torryflmi<\mW-fn ftrti-beyyn&tke
inealreH iSe^x^vith. divers. .dtherfalfeyTtefaers-m&MWi tinitemidlfcdid ahnp&fis,
iU^i/^t^dj^hclthe ^Ihs^iMeath-andifuxd ftikhkb-
i0' vereign Lord the King, and the antient Governmental IhhfMdfhngHon;
r, "Qf\t$&\ti^J9 change,jflfer, awl,wholly tofibverr;: awl h/tnharfi/d Svvc-
havetej10'1 iM'r'm the CmihiiMVavenvrnt^i
*<+jj « C ' " 'ion
[ 8 ]
dom ^Ireland aforefaid to depofe& deprive, and the true Proteftant Reli¬
gion to extirpate, and War artdRebellion againft our [aidSovereign Lord
the King, there to move and levy. And to fulfil and accomplish: his Jaid
moft wicked Treafons, and Traiterous compajfwgs, imaginations and purpo-
Jes afore [aid-, he thefaid Oliver Plunket,//'-? faidfirjt day ^December,
in the abovefaid 31th. Tear of the Reign of our faid Sovereign Lord the
Kingy that now is, with Force and Arms, &c. at Dublin, in the Kingdom
if Ireland, then leing the Dominion of our faid Sovereign Lord the King
in parts beyond the Seas, malicioufly, devilifbly and traiteroufly did afi
femlle and gather together himfelf with divers other Traitors unknown,
• and, then and there devilifbly, advifedly, malicioufly,Jul filly and trate-
roufly didconfult and agree our faid Sovereign Lord the King, that nolo is,
to Death andfinal DeJtrull ion to bring, andfrom his Crown and Govern¬
ment aforefaid to depofe and deprive, and the Religion of the Romifli
Church into the Kingdom ^Ireland aforefaid to introduce and eft alii(b;
and the fooner to fulfil andperfell his faid moft wicked Treafons and trai¬
torous imaginations and purpofes, he the faid Oliver Plunket, with di¬
vers other falfe Traitors unknown, then and there advifedly, malicioufly
and traiteroufly did further confult and agree to contribute, pay and ex¬
pend divers great Sums of Mony to divers Sub jells of our faid Sovereign
Lend the King, and other perf ons unknown, to procure them the faid per-
fons unknown, Our faid Sovereign Lord the King, that now is, traiteroufly
' to kill, and theKomiih Religion into the faid Kingdom ^Ireland to in¬
troduce and eftabllfb. And that he the (aid Oliver Plunket and other
'Traitors unknown, afterwards, to wit, the faidfirft December, in
the two, andthirtiethyear of the Reign of ourfaid Sovereigh Lord the King
above]aid, at Dublin aforefaid, in the Kingdom ^Ireland aforefaid,
within the Dominion of our faid Sovereign Lord the King, with Force and
Arms,&c. uklmfully, malicioufly, devilifbly and traiteroufly did receive,
l ollelt, pay and expend divers great Sums of Mony to divers perfons un¬
known, to perjmde and induce divers other perfons alfo unknown, the faid
falfe Tray tors in their faid Treafons to help and maintaintain, againft the
Duty of his Allegiance, and againft the Peace of our faid Sovereign Lord
the King, that now is, his Crown and Dignity, and againft the form if
the Statutes in that Cafe made andprovided. To this IndiUment he hath
pleaded, Not Guilty.
Mr. Heath. May it pleafe your Lordfhip, and you Gentlemen of
the Jury, This is an Indictment ofHigh-Treafon againft Dr. Oliver
Plunket
- m
lawt Ret. flunket the Prifoner at the Bar , and it fets forth, that in the 32 tb
teiwl# y;car of the King, at Dublin in the Kingdom of Ireland, he did com-
Jai pafs and imagine the Death of the King, and to deprive the King of
wmpurji his Kingdom of Ireland, and to raife War to extirpate the Proteltant
/ Decembe Religion in the Kingdom of Ireland\ and to eftablilh the Romijh Reli
gion there. . And it fets forth further, That for the accomplilhment
of thefe Treafons j the Defendant with feverai others did meet to
hrhlt.fi gether at feverai places at Dublin in the Kingdom of Ireland\ and
ttrM/l] m where, and at thefe feverai meetings did confult and agree to pur
«ta«itiki the King to Death, to raife War, to extirpate the Protejlant Religion,
djdtk and fet up the Romijh Religion. And the Indichnent further-lets
iwjAw; fotth, that to accomplifh thefe Treafons, the Defendent did raife great
# dkih Sums of Mony in the Kingdom of Ireland\ and did get feverai perfons
uftkhnil to contribute feverai Sums for thefe Treafons : and that the Defen-
ttdtfiifi dent with others did disburfe feverai Sums of Mony to feverai pert
iifmim fons, to perfoade them and entice them to be aiding and afhftjng in
Qnket, ivitH thefe Treafons,and to recompence them for them. To this Indfefment
iipi'4 the Defendent hath pleaded, Not Guilty. If we prove thefe things,
you are to find him Guilty.
fdSmtig. Mn-S&j. MyLord, ^0 \y±liqufeklycpme:to,tlF'5>vide^xce.
fiHtkfuiifd Bufin ihprti/Xqu have heard hi^ C^^ge gp high asean l>e. agamfi
niijrml. tlie King? and againft the Nation, and againllalithatis good. The De-
AWri fign and Endeavour of dais Gentleman was the Death of the;King,the
dldotk Deftruil^r^d^PriiteJlant Religion 111 IreLandy and the r^jfing of
/Deccmkr/j War : >And ^ja^oinphih:ri)iSitha^therc was a -Coft
'„Uritkh federacy malic, Aflemblies and Cqiifukations had to thefe ends, and
land tfrtfml raifing Mony to accomplifh it. Gentlemen, Dr. Plunket was made, as
gkftittp Wfi fliall prove to you, as they there call him, Primate of Ireland, and
$00 got that Dignity from the Pope upon this very Defigm He did
&Y Vertue of th^t Power, wliich he thought he had gotten, make cu;
^arr^MSignifeations, i^hnow 'qqj; what they calf them, to know
m0i»p how many men in Ireland could hear Arms from fixteen to forty; lie
S0mU > th^^s there. Rut, my Lord,
.ntU0, sw $$ flffl*
1# kk ^CggF%Yf^3;2Lf9t filing
a&tld^ oawdt be/gegeag^avated than'tis.
Gentlemen? Mr. Att. Gen. May it pleafe your Lordfliip, and you Gentlemen of
;nr <$ the diis Geiitkman bears, .as Primate under a
11 'ffalt hl.i& " * B Foreign
[ io]
Foreign and ufurped Jurifdiftion, will be a great inducement to you
to give credit to that Evidence we /hall-produce before ;yotv We
/hall prove, that this very Preferment was confer'd upon him upon a
Contract, that he fhould raife 60000 men in Ireland, for the Pope's
Service, to fettle Popery there, and to fubvert the Government. The
Evidence that we /hall give you, will prove how it leads to deftroy
the King, and 1 take it according to the refolutions that have been, to
raife War in the Kingdom, and to introduce a Foreign Power, will be
certainly Evidence of an Attempt and Machination to deftroy the
King. Aftoon as he was in pofteftion of his Primacy, he goes about
his work. There are two great neceflaries to be provided, Men and
Money. For men, having this great fpiritua! Jurifdiftion, whereby,
indeed, all that are under it are become vSlaves, he iflues out his War¬
rants to all the Clergy of Ireland, to give an account, and make re¬
turn from the feveral Parifhes, of all the men in them above fourteen
md under fixty. And Returns were accordingly made by them,that
he might accordingly take a meafure what men to pick out for the
Service. The next thing was Money, my Lord; and your Lordftiip
takes notice, that when the Mind is enflaved, the Purfe; fray all the
Body bows to it. He iflues out his Warrants td his Clergy, to make
aCoilefHon of Mony, in all parts great Sums were levied, and when
they were levied, we flhall give you an accompt by our Proofs, that
feveral Sums were iflued cut, and fent into 'France to further the bu/i-
nefs. There was alfo provifion made of great Ammunition and Arms,
khd we ffiall prove in particular, feveral dkivered out by thi£ Gentle¬
man's Order, to carry on this thing'; and to go through flitch With
this bufmefs, he takes a view of all die feveral 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 upoh
Carlinqford as the place. We fhall prove the feveral Correfponcfencies
between Rome and Kirife Widi F^dkce and him, and feVeta! Meflengers
nnployed, and Monies iflued out from cimd to time for tlfeir fhaintb-
nance This will be the courfe of our Evidence; and we fhall begin
IfithTdftfe'that dohot /peak fa pkrtfehlafl/hb' this Do^fe^,[ bht
thdcfe WksTfgerter&rBefign In iflpphrts of the Kihtgdofoi
land\ to bring in the King of France, and extirpate the Proteftant Rc-
iigfo'tiV Ancfthen we fbafl call the particular perlbns to the particular
Fafts agamft him. Ticft We ckll FlorenteWyek {Who
- ' Mr. Sol
In)
Mk SpI-(S^.sArc.ywrfworn, Ski , .JSbf©«Jr
Mr. Sol-.Gen. Pray give the Court and tbsJury ftn aecQuaCofwhat
you know of any Plot in Ireland, to introduce the Romiilv Religion,
or to bring in the French King.
Wyer. Yes,I knowthcre was a Plot, both before PlunMs time, and
in his time; for it was working in the .years <5f, and dd. but it Was
brought to full maturitie in the Year 1667. For theft .Co
and Col. Bourne was fent to Ireland from the King of France, with a
Commiffion to mufter as many men as he could, promifing to fend-an
Army of 40000 men with a Commiflion, upon St. Lewis day in
next following, to land it Qarlingford, to all the true Subjefts,
to deftroy the Religion as it was eftablifhed there, and' to fet up the
French Kings Authority and the Roman Catho'ick Religion. And
one Edmcnd Angle that was a Juftice of Peace and Clerk of the Crown,
fent for all the Rebels abroad in theNorth.to come up into the Coun¬
ty of Longford,and they marched into the head Town of the Couh-
ty and fired the Town; the Inhabitants fled into the Caftle:; then
they came up to the Gaol, thinking to break it open , and by feting
the Prifeners free, to join them with them, ; but then Angle was fltfet,
received a deadly wound, and drop'd p f his Horfe, and they fled. .So
then when they were without the Town, one Charles MacCanell alight¬
ed,: and took away all the Papers out of his pocket; which, if they
had been found,would have difcovered all. This occafioned Col. Bourne
to be fufpe&ed; and being fo lulpected, he was taken Prifoner, and
turned to Newgate in Dublin Then Col. fled away again to
France,and the Plot lay under a cloud during the life of Primate Re/ley
the Prifeners Predecelior. T his Primate Retley died .beyond Sea. Then
many of the Popiib Religion woulddiave had the Brimacic tonferrfcd
updn xBifo L>it$p jrbut the Prifoner at the Bar; put in for it ; which
might have been oppofed,if the Prifoner had not engaged and prentifcd >
that he would fo manage affairs, that before the prefenrGoVermdnt
were aware, he wotfld furprife theJKingdomb pnovidetfiHhd"lPape Afcd
King oi France would fend-a competent Army to join withJtlfeirs'fbv
the effecting of it.; Sa tHd firlb Year of his coming over,'! was 'intrfhe
Friery at Armagh: I was an acquaintance of the Friers,and they inviced,
me. And one Qffine told the Prifoner, that they thoughcD^ would
have been Primate. Saidhe/Tis betterasitis; for Duffy Hath not the
Wit to doitbofe tl)ing6tliat I have undertaken to do; meaning that he
B 2
did
[ *2, ]
did undertake to fupplant the Proteftant Religion, to britfgdn Popeiry,
and put the Kingdbm ttride^ 'Subje&ion to the King of Fradct:
Mr. Sol. Gen. How do you know that?
IVyer. Thofe were the words, and the meaning I knew before, be-
caufel had heard it talked of.
L. C. J. Who was the firft «f thefe Primates you fpeak of ?
Wyer. Edmund Reiley. He fet this bufmefs on foot firft.
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. 7- Then Duffy would have it conferred on him ?
Wyert Yes, after /tez/d^ deceafehe would have had it conferred up¬
on him ; and there was a contention between him and the Prifoner,
who did engage he would bring thingsto that full maturity,that before
the prefent Government were aware he would do the work.
L C. J. How do you know this ?
Wyer. I knoW this,becaufe I had an account of it from certain School-
felfowjS 'that wtere with me in Ireland, then ftudying in Rome; they
wrote this to me,defining me I would take a good heart with the reft
of my Country men, and allured ly in a fliort time the Kingdom would
be-relieved,-and the Ir/jh reftored to their former patrimonies.
\ Jh C. J. This you fpeak df their information. What do you know
of ■ your own knowledge ?
Wyer. All that I know of is, he coming into the Friery of Armagh—
t L C.J; About what time ?
Wyer. It is either 10 or it years ago, and there was a Faft there,
and -1 was invited by the Friers, being their acquaintance ; one Quine
one of the Friers told him
L.O.J. Toid whom ? 2
! Wyer. The Frifonen, tjiat he did expe<ft Duffy fhould have been Pri-
mate; ? but the Prifoner anade. anlwer, '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.
h C. J. Now rell me this ? What things were thofe lie had under¬
taken? did he explain himfelf?
Wyer. No further than thofe words: But I did conceive this was his
meaning;
_ —fi3:3j
foijery, meaning; becaufe I knew partly of it my felfiknowip^bf the former Plot*
Qhl^ wh^rWorHs .ciam^irote y.ouilfey
theytwepei Th^t ta&^-&cfiWit/tx»anage w^iat heiadunder.'
Wore.W taken for the general good of their Religion.
Wyer. Yes; and then again in his Aflembly, kept fey him, he char-
^ ged his'I^feriours to collect fuch feveral %ms of Mony as he thought
fit, according to the feveral Parifhes and Dignities, to, affift and fupply
the French Forces when they came over. 7/ • ' rfi r : '* Av
Wnvfa L. C. J. How know you that ?
Wyer. I have leen the Mony collected; and ! have fcen his Warrant
fiYear(fy) Julpoena fufpenfionis to bring if in, to redeem their/Religion from the -
afterwards, power of the Englijb Government. Again, there wer&tfaofe Rebels
that went to Longford- ^
ralWip L.C.J, What time were thofe Colle&ions ? • ■ i
thePriloner, Wyer. From time to time fincc he came into Ireland.
pkkfo L.C.J. About what time > 1 \V .
i Wyer. 9 Year, 8 Year, 7 Year ago, and the laf Ydir of gU. v
L. C. J. Then it was feveral timps, you fay?
tfaiil&W Wyer. Yes ; and lie procured th cMacdonels a piece of Mony out of
they the Exchequer, pretending to do good Service to his Majefly; but he
rthrheri lent them for France, meaning they Ihould improve therpfelves? and
ifcftMi bring themfclves into favour with the King of France, and come over
0/1$ with the French King to lurprize Ireland. This one of the laid Rebels
i von ton' told me. So I have feen the Prifoners Letter diredted to the grand To¬
ry Flemming, defiring that they Ihould go to France, and ho Would fee
{^jy- them, in fpight of all their enemies in Ireland\ fafe alhoar. And Flemming
Ihould return again a Colonel, to his own glory, and the good of his
a Fad fa Country. Mr. Att. Gen. Do you know his Hand ?
one 2® Wyer. Yes, I do as well as my own. I have fcen Capt. 0 AW, Son
ot General 0 AW, comingevery year into Ireland, and carrying three
Regiments to the French King into France; and heufed to come over
uvebecnPri- to Eeland every year to get a recruit; and he did get my Brother to
s, forr)| go with him, and fo much importun'd me, that I could hardly withftand
taken11; ^nt ^ ^ not y*e'd to defire: He told mc it was to improve
me for my good; to improve my felf in Military Difcipiine, and then
I Ihould return for Ireland a Captain under the French King, to fur-
prize the Kingdom and fettle the Popilh Religion, and then I Ihould
be reftored to my Eftate.
meanin?' L C 7-
L.C.!J. Who.toJ(i>you $his ^i xrrt Ji > \ w^nd;. :>zM ; /tinssm
pffyenv Capt.&iifeaA iAnd in the msan while, &yt$4ie, I ffea* Dr.
P/m&e^k^ oiily/.mjn-ent^ed^ifl^/^td 1&1& Ihdft prep^cfch
ons, and get things ready agarnft thcFkench KingVctfming, who is to
land at Carlln$6hd2V{r-
Mr.Azt.GeH., often A\£re you^ift'the Do&ort L;<
Wyer. Not very often..
Plunket. I never faw him with my eyes'-before in all my life.
Wyer. I have feen him in the Priory the firft year that he came over
to Ireland; and you know the meetings held at George Blykes houfe in
the Fives; and I have feen him in his own houfe.»
Mr. Juft.Dolben. How came you to know the Priibners hand ?
Wyer. Bccaufe I was well acquainted with his hand, feeing his hand
amongft the Priefls. Mr. JuJl. Dolben. Did you ever fee him write ?
Wyer. Yes, in die Priory, and in his own houfe.
Mr. Jufl. Dolben. How often? Wyer. Not often,
Mr.Jufl. Dolben. How often?
Wyer. Ten or a Dozen times: I Ihould know his hand from all
the writing in London, if it were among never fo many. Let me bur
fee it, I will know it.
L. C. J.- Have you ever heard him own himfelf Primate ?
Wyer. Yes, my Lord, he writes himfelf Oliver us Amacanus Prima*
& Metropolitans totitis Hibernian That is his Stile.
L. C. J. Who did he fay made him Primate ?
Wyer. The Pope, my Lord.
L.C.J. Have you heard him fay fb>' : o .
Wyer. Yes, I heard him difcourfe of it in the Priory.
Mr.Att. Gen. He was a publick Officer, and they might well know
his hand.
L. C.J. I believe any body that h^th feen us write but a little, would
foon know our hands.
Wyer. His hand is as well known over Irelandmine is among my
acquaintance. L. C. J. Well, go on.
Wyer. During the time of his Imprifonment, I have feen his Com¬
mands tofome of his inferiour Dignitaries, commanding them.y*^poena
fufpenfionis, to bring in the Monies aflefied for bringing in the French Ar¬
my; and that there was no better time than the time of his Imprifon¬
ment to bring it in. -
L. C. J.
c,\V0
— tm
II'C. J. Who were they, you lay, that were commanded
fajpenfionu ?
Wyer. Since his taking, I have feen in the time of his Imprifonfnent
his Commands to his inferiour Dignitaries, not to be forgetful of the
Monies that were a defied towards the fupplying the French Army ;
and that there was no better time to bring in the French, than when
he was in Prifon.
L. C. J.How long ago was that?
Wyer. The Hrft of February (79. )The fecond and laft of it was in
July and November laft.
L.C.J. And this was to bring in the Mony ? r x - ji 3-
Wyer. Yes, to fiipply the French Army. And that there wds no
better time than during his Imprilonment, and they lhould not be fa
much fufpefted.
L. C. ?.''And rhefe Mandates you have feen under his'hand ? ,1
Wyer. Yes, I have, my Lord.
Mr. Att.Gen.What do you know ci his fummoning or ifluing out
thefe Warrants for Lifts of men >
' Wyek- thave not feen any of the*Warrants;.'but the Priefls have
told me they were commanded by his Warrants to let him know how
many there were in all their Parilhes from 16 to 6o.
Mr. Att. Gen. You fey you never few the Mandates ? 1 -*5
Wyer. No, I did not.
MrStrVJiff. Wliat do you khoW about tlfe Prifeners viewing.the
pbtfciHl®/''' I ft:: >/ WiVL 0 1,J* scrtiil mo;i foftobsffo 'o v/oni oi
: to take a* view of thofe Ports,,
ybu tell to Nvhdt^tSpofe'hoidid^it-l10 Y;><; 3srb .ooiod ngisaol n ni gni
Wyer. Yes, I heard it among the Church, That he went on purpfife
to vie.w the Sea-Ports to know the ftrength of all the Garrifons, and to
fee h'hfeh Was the moft convenient wayfto in theArmy.
Wyer. Carting ford. eno 3on moigitafl yrn aoi
"^WrP^A&^.^erdybu ih the Pffibners oonbany'Wlrefldteivfewed
due Portsi ■noroiou. / vu..1." i«| 7 noiobd 3i
" Wyer.
H$eh hhwefeen him go <f© and fir©; Ldid n<?t go all/the Circuit
round with him.
Plunket. Dki you ever fee me AtCarl'tngford ? Wyer. No .
Plunket. Did you ever fee me at any other of the Ports ?
, y Wyer, hhi\® ieqmyou at Hamiltpns coming back from Derry.
Do ycai not remember that you lodged at at Sir Geo. i >
Plunket. I never lodged there in my life. ; - . „• -[
Sir Fr. tVitkings. Have you any tiling more to fay concerning the
Plot in general? Wyer. No, in general I have jflpt.
Mr. Scrj. Jeff. He hath not only given an account of the general,
but fixed it upon the Priloner.
Mr. Att. Gen. Dr. Plunket, will you ask him any queftions ?
Plunket. You lay you remember you faw me at my firlt coming as
Primate 10 Years ago, and that you were at the Priory when I-was
there?. Wyer. Yes. Plunket,You were inyifiblero me.
L.C. J. If you will ask any queftion, do; but do not make thele
kind of obfervatipns.
Plunket. Tell me this, Why did not you acquaint fome Juftice of
the Pdace then with what-;,you knew, that which you had heard
bi ajneroW aid /d babnemmb
Wyer.WhenIfirftknewit,I was as willing to hiwe it cGncealjdas they,
L. C.J. What/is your queftion, Dr. Plunket'., pray tell it us. v
Plunket. He fays, my Lord, that xo yearsagol had iuch a defign
ukrhandisand heikiibW the M©ny was.eqjle<ft£d fgt-'thefe very ends, and
he knew of the defign from that lame Cap't. Neal whom I employed
and fent abroad; and that I had a defign to bring in the French atitfar-
lingford,and went about to all the Ports in Ireland, and pitched upon
tliatas.the ntofccdnvonieot; atad yftiif^/fqincq^veniencfor .the. bring¬
ing inaForeign Force, that any onetha^knowsatiyrlungbfyhe hfeps
of the World, will eafily fcoiiclude itqtherwife. Put,I lay, my Lord,why
did not he tell feme Juftice of the Peace that I was,upon iuch a^deftgn,
but let me live in Ireland 10 Years after, and never fpakc of it till now?
I C.J.What (iiy you to the Queftion.-
Plunket. When he iaw me all the time, and to the time of my taking
Priibner»>and never faid one w©rd; -fori was a Prifoner 6 months only
tor my Religion, not one word of Treafon fpoken of againft me fqr io
many/YqarsrrlwhydiAinot heracquaint fome Jufticenof th§ j^c^ith
it before .•> IS. C. J. What Religion were you of then ? * <
' Vjer.
—_ C.I7 3
e Cinfi. Bfjfcarll: was a Roman-Gachdlick, ;o v.\■: ; a , .^C u vv
Flunked Akb5U3crybhaiob& tiom&i u Wyem lYeSj Je&hfo^VL 0
er' ^ Dolfam$$!hQrefcre itMill)beMdiwxmtef that^ofcl did riot
lS: difcover it. ' ' r; v.M.Vy\ v\ n gr I - ; -" " vr\
Mr. Serj. Jeff. But I ask you, Why did not you difcover it all this
tiriie.^ V)iwV& v:m , Ji: ^ v.l : //on>i.4 1-1l i: " ilsi it/ 1 .VjV.
Becaule I was a Papiftimy/felfr: .Tile firft that did difoover it, »
>ncerningt[ he and I'did confult about it/l/hadcliargedhimdc) to da, and Ifet him
op vvork ;. but,he was.ill paid fdr.Jiaving difcovered, it: ycru got him
»t® gcneii to be trepann'd, 'that he hath gone in danger of his life for it.
• '-Plunket.\ Whbds thiaumn,?midvrWyer..Moyer.■ j 'j■»»,: Jofr.
Sir Fr.J^vj/mrs.. jCnli IFenryONcal. iffhd, ivasjiwrnl) What knoW
firftcomjaga you of any defign "mlreland to introduce the Popilh Religion >■.-'
iy rienh'i 0 Ned. In Auguft ^B^iihopi^nrf AtameiWith ^o odd Horfe-riicn
^ome, to Vicar-General Brady s\\®nkr apii alighted at .the door; and he gave
Qtaukek them there an Oath, which ctliey took willingly arid fretly frorhhand
to hand, to fohvarfithe PopdbHatcagai'rift the Proteftauti^eligion, to
)rae Jufticeo; make an end of them all in one hour froth end to end m lreland; and
«W fa faid 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 1
dtoftej, havefent ibmeGbkL and Mouy into Frakce to get 711011 and bring them
fo, from France over Sea: and do not fear, this will go on in one hour
iucliadefigi tlirough all Ireland from end to end. I11 September (78) a liotle while
,*eryends,an( after, the fame meeting* was in a pftacb which they call Virginia y in the
County of Connaght, where they took a Pried, he is here, and lie was
fechtCff with me, and defired metocomeup toDuhlinmd difcover this; and
prcMff there I did difcover id to Sir John Davis.'-,* which is all that I can fay:
icr.t!icte for this Plunket I never faw him in my.»life...
jMr. Jmjii YbtDwere aPapift then.K . ONeal Yes, I was.
Mr. Jones. Are you a.RomamQathoIick frill ?. 0 Neal Ycs,.Lam.
fuchadeff :MrL5^miliAidtftifcre tyou -aeqia^tedrM?ith all thefciQki'ersA o.A
pf jrtiUnov 0 Neal. Yes. L. C. J. How came you to know of this Oath ? .
ONeal. I was in the houfe with them; I was concerned'th take my
ofjjjj'tali® Oath with theth, and I durft not but take, the Oath.,
Jisoni L. C. J. Had you the Oath of(^refrjpigiyen yQU4h ! A .V . :
*Drik%^ lYSfc: (aj^fda dnsc%iell comm^ided'ine. jto;go abrig Jtfrj&ki-
Hn and difcover it. / .
".nqi 'MrnSerj, Jiiff{iffi&3$(i$ hi§:$aav+jk • 0. Nealk J^hnWaek/fg/^ :
i£ i ff eno C ' Sir
D8J!
Sir Fr. With. Do you know of any or heir tr^nfaftioftsaboutrhePfot ?
0 Neal. No, I will not fwear for all the World morei than Ikho\VY
: Sir Fr. With. ,.*4Then call Neal Q Nealfuko im Jivoril) W l&tdoyou
know of any defign carrying on in Ireland againft the Government
and'the Proteftant Religion?
N. 0 Neal. I will tell you all I know: I was at Vicar Bradey's houfe
the zi. oY Augufi. fr: L. C. J. What year ?:, - 'x.u- < /; Y-
NO Neal. (78;) And Bilhop tirril came with 40 Horfemen to the
houfe, and went into the houfe, and difcourfed a little whiles and they
took their Oaths every one round to keep fecret the Plot, to deftroy
the Proteftant Religion and theProteftants, that they might have their
Eftates again, And he find they did not need to fear : for, laid he,
you have a very good man to aflift 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 queftions?
Plunket•;t Why did not he difcover it before ?.
Mr. Set]. Jeff. Were you a Roman-Catholick at that time ?
N.O Neal. Yes, and I am fo ftill.
Mr. Paget Jury-man. I deftre he may be asked how he came to be
there?. ' • t •:J'V j
EC. J. You fay, I think, this was atVicar-general Bj-adey^how
came you to be there ? t r. -Y : -
N.0 Neal. I was there feveral times before that; for my Nurfe, or
my Fofter-mother (I don't know which you may underftand beft) was
Houle-keeper to him. ^
L. C. J. Were you required to takPthe Oath ?
N. 0 Neal. No, my Lord, I was acquainted in the Houfe; I had been
there two or three weeks before.
Plunket. Why did not you tell it to feme Juftice of the Peace?
L. C. J. He was a Papift, and fo he is now. . .
N.O Neal. There were many that were wifer thati I, that did not
difcover it.
L. C. J. How old are you ?
N. 0 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
fay you?
0. Murfey. Mr, Edmond Murfey discovered the Plot; he went to
one
one Lifiweaam -fofamd dkfcdifcoyj».jd^.^ toJiimy ithaNfcere
was a deftgu tfe Jiriiigfiil: 'tbcxihmfx inn ,oiorb ejiutol p :o - j<pi td
L.C.J. Speak out aloud* I canfctatf'J^rrp^il'N«*0 ,v.l- nY.
0 Murf. All I know is from Mr. EdmkdMwtfypkv^..
■ LCiJ. What do you know, of a!ny of your own knowledge?
0 Muff-Mr.LiexitemntBaker told me,thathe.dkl hear of the French.-
L. C. J. Speak what you know your fell:
0 Murf. If it pleafe your Lordihip, this is more: I faw that Evi¬
dence that Esmond Mmfey did produce in Ireland,. when he was fent
to the Gaol there But without Trial or any tiling.
z< Mr. Att. Gen. Then fvvcar Hugh Duffy, (which was done.) Speak
aloud.and tell my Lord what you know of this Plot and the Prifoncr
You know the Priibner, don't you?
Duffy. I know him, yes, I know him well enough.
Ia>C. %Whatfkyybu more of him i / . j
Duffy. My Lordyl fey. I havefeen^this Dr. Oliver Plunket railing fe-
veral funis of atony to carry on tliis Plot; fometimes iD Ann.
fometimes to. ;m MrlSoLQett.Of whom. v.%....
. Duffy. Q£ all the Priefts in Ireland; of every Priefl according to his
Penfionand Parilh. _ : •••, q <v
L. C. J. In all Irqbuid*. ■ oAiD/tffo'Jtes. f. - • .
it. f: And towards the proceedings of the Plot?
Duffy. It was to give to his Agent whicii was at and for the
carrying on the bufiuefs.
Mr. Att. GqnrHoufxome you to Jqriow this?
y-v sr> T O fv-LV I-v sy. : rl f
i'l O.Vi
A*v,Y
-v,\'
Duffy. I was ScrvYmttoDr.£)^,\\iliowasinfinitoly-belovcd by this
man : he was Father Gonfeflor to the Queen of Spain: there was no
thing that happened between them, hut I was .by. ail the time.
L.C.f. Werayoa^Chaplaiq to iiini^AV^. a Duff '. Yes.
L. C. f. You are a Papift th^n Duffy.Yes.
Mr"Att. (sen. lihms a friar, my Lord; .
L. C. y. Were you in- the company Wvith> them >
Duffy. Yds, I was. DC. J. Whatdad pals tlicreJ
Duffy< AbouC'.thd'Ploc, rhow they could^onhrm the Plot: Aikl tliis
man; hb^cjould1 prevail;withihc K%igrbf France and the o-
ther with the King of Spain.
Mr. Att. Qen.: Pray .acquaint my Hord parucuho?]yn\)Mii Qtis Was,
and in what plane;and whatdtey laid, .id" o. i nol o; ii
C z Duffy.
Cio}
Duff. -It wasiiii# j )'(yqiy&ftd 7^'atj His owa 'fcbufe p and at? *- euo
„ he kept 3 or 4 Jefiiits there, and amatterdf a huiidred P^iefts.^ u <u u
Mr. Att. Gen. What pa/led in the company ?; ^ 3
L. C. J. Who<elfe was there'?'
Duffy. The* difcourfe, my Lord, was always about the Plot, liow
theyscould contrive the matter betiveen themip&ftd fothey did ton-
elude afterwards to raife io much Moriy upon fevetal Ptiefts/ all the
Priefts in Ireland\ fbmetimes 20 x fometimes 40. L v. h"v •' ( \
L.C.J. Apiece, do yon mean ? k ? Duffy. Ye& ^ a . <•
Mr. Att. Gen. What difcourfe had they about the French at any time?
Duffyj /¥es a hundred times ; he talked Several times,* that he did
not qU'eftionhut he lhoiirld prevail with thb'/Kirrg ci France. not to in¬
vade Spain: And I have feen his Letter to Cardinal Bouillon to expo-
ftulate with him about tlife King of Frante/whyrhe fhould wage War
with the King of Spain who was a Catholick, but ratfaei: fhould come
and redeem Ireland out of its Heretical Jurifdi£tioa > . i;
Mr. Att. Gen. Did you fee the Letter ? . . ■, Duffy. Yes.. 1
Mr. Att. Gen. Why, do you know his Hand ?
Duffy. Yes I know it as well as I knowimy own; I know it if there
were a thoufand papers together. r :Sl . a; ;riuv
Mr. Att.Gen. And what was.xthe import dfitvpray >. ! V .0
Duff. That Cardinal Bouillon ihould prevail with the King^fFrj&nce
not to invade Spain : and the Contents cif the neftof tlie Letter were,
That he did admire he fhould not rather wageoWarJwith the King of
England, who hath been aii vApoftate, /andtrhelp>thbir poor Country
that was-daily tormented with Heretical Jurifdiftion.
Mr. Att. Gen. How cameypu to be in France> were you employed ?
Duff. I went to France /to live there in a Covent.
Flunk. Did Cardinal Bouillm&ibwi you my Letter ? Duff.. Yes.
flunk. What/yea$vK\ Duff, ifffe). k oy: u A .1
Mr. Att. Gen. Pray Sir, yota Were jpeaking of iraifing of MonyI
Duff. Yes. :Mt Atl&mii.fyidffQufee. any Precept about it >
Duff Yes,. I havQfecnfeveral Precepts; I was Curate to one Fa¬
ther Mkrfeyq' and whdfa itlmt • man was with DtilQl/weriFlunketi and o-
ther Jdfiaits,Ldkl dffigjnfit in!hi^place, and dkefentdiis 'Letters to me to
raife 40 s. and 201. a time, leveral times..
L.CuJ^Ymi your felf L WiSDuff Yes. Mr. All.Gen. What for?
Duff. It was to fend to Dr. .L, ; who? was at Rpme.
. a l x £ ) Mr. Att
[zi]
; Mr. Att. Gen. Did you fend any Mony ;that you know of?,
D; Duff. YCS. '// ■ • ! . ■
Mr. Att. Gen. Tell what time you gave the Mony your felf.
Duff. In (73X74) and 75. Mr.Att. Gen. Where?
Duff. At his own dwelling-place at
Mr. JufJones. Of what Quality was the Prifoner amongft you ?
Duff. He was Primate of all Ireland.
Mr. Juft. Jones. Under whom ? Duff.Under whom? under the Pope.
Mr. Juftl Jones. How do you know he was fo ?
Duff. We had it in his Writings. ,
L. C. J. Did he ftile himlelf lo in his Letters ?
Duff. Yes, if he writ but to the leaft man in the Country, lie would
Write, Oliver us Armac anus Primas tot ins Hilerntce.
0 L. C. J. And fo you always underftood him ? "Duff. Yes.
Mr. Att. Gen. Were you prefent at any of the general Confutations
or Meetings? D/yfl 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 occafion and defign'of that meeting?
if .Duff Confirmation ironi the Biffiop.
Mr. Att. Gen. And what was done there befides ?•
Duff. The fecond thing was, that the Gentlemen of the three Coun¬
ties fliQtjld conclude together about this matter.
L.&.ff. About what? \ ; .
Duff. About joining the French zx*\ SpaniJb together.
Mr. Juft. Dolben. Where was that meeting ?
Duff. In the County of Monaghan.
Mr. Juft. Dolhen, Was the Prilbner there ?
Duff. Yes, lie was the chief man. L.C.J. When was this ?
Duff. In ( 7 x) to the beft of my knowledge.
Mr. Juft. Dolhen. Were you there your felf? Duff. Yes.
Mr.. Att. Gen. What was the tranfaftion of that day, befides the Sa¬
crament of Confirmation ? r.
Duff. It agreed that the Gentry of Armagh, Monaghan and Co-
naght Ihouldjoin together; and then they went into a private Council
to get a Lift of all the Officers that were in the laft ftebdiion>and thofe
that loft their Eftates.
Mr. At:
[*z]
Mr. An. Gett.How do you.know that ; DidyougointotheConluIt?
Duffy.Yes, I was in the fame Confult my felf, and was aswilljag to
proceed in the (natter as any ona in; die world '
L. C. J. Where was thisi '. ':
Duffy. Within two miles of Clouds, at one Father houfe.
L.C. J. Was thatat the time wlrendjere were fo many pcrfons met ?
Pray fpeak what was done there bfefides Confirmation.
.Duffy. Why, they were withdrawn aftde into a Garden; fome flood
up,and fome fat down; and OliverPlutiket flood in the middle1 of them
all as a Prelate, and every one kneeled before him and killed his hand.
Mr.Att.Gen. What was then laid ?
• Duffy. Then they, did confult and gave fpeci'il Order to fome of
them to get a Lift of all the Officers in the late Rebellion, and that
lofed their Eftates, and that they ftiould be more forward than o-
thers to proceed in that wicked Defign.
L.C.J. What was tlfat Defign •? •" ■ ' *>
Duffy. To deftroy all the Proteftants together.
Mr. Att. Gen. Was it to mingle the Irijh, and and
Army together? Duffy. Yes, it was.
Mr. Att. Gen. Did you hear the Prifoner fpeafc about it ?
Duffy. Yes, and he made a Speech before them concerning o'Ur own
Faith and Religion.
Mr. Att. Gen. Was there any mention of Mony at that time ?
Duffy. It was, that every man of them that could difpofoof Mony
fiiould provide fome for thofe Gentlemen that would foon come into
Ireland. Mr. Serj. Maynard. Who were tlfOfc Gentlemen ?
Duffy. The French Army and the 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 fent I
out to-gather Mony ? •
Duffy.Yes, at the Afiizes of Dalkieth, I think it Was in June two
years ago, he was apprehended—--
Mr. Att. Gen. Indeed he was firft apprehended as a very bufie Papift.
Duffy. I have feen two or three feveral Orders to raife Mony, and
for the fame purpofef and tiiatitwas the only time to bring the
matter to an end when he lay in Gaol himfelf
Mr. Att. Gen. Was that the effect of the Letter ?
Duffy. Yes; and that the French and Spanijh Kings fliOifld take the
advan-
i&m
advantage that now was offered whilft he was in Prifon.
Mr.JuflJones. You fay fome mony was fent to Dr. Cray ? Duff. Yes.
Mr. Jaft. Jones. To what end ? Duffy. To comply with this defign.
Mr. Jones. Where was that Dr. Cray ?
Duffy. He was at Rome, he was made a Bifhop 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 fay fome of the Priefts paid fome 10, fome 40. .
Duff. Yes. Mr. Jones. Did the Lay Gentry agree to pay nothing?
Duffy. I don'c know for the Gentry.
L. C. J. But I think you paid fomething your felf?
Duffy. Yes, I paid for two or three years my felf.
L. C. J. And that was for the Defign ?
Duff. Yes,for the French & Spanifh Army,& all the purpofes together
Mr. Att. Gen. What do you know of any Precept to be given in oi
all forts of perfons of luch an age ?
Duffy. I gave a Lift of the age of every perfon from 16 to 60.
Mr: Att. Gen. By whofe Order ? Duffy. By his Order.
M. Serj. Jeff. To whom did you give it? Duffy. To Dr.
Mr. Serj. Jeff. That is, to the Prifoner ?
Duffy. Yes; out of my own Precindt.
Mr. Att. Gen. Had you an Order from him ?
Duffy. Yes, it was directed to the Pariili-Pricfl; and I being Curate
in his place, received the Order.
Sir Fr. With. To what purpofewas it ? i -
Duffy. To know what men in Ireland were able to bear Arms.
M. faff J ones. What was the number contained in your Lift?
Duffy. 2,5-0. Mr. Juft. Jones. What in one Parilh ? Duffy. Yes.
Mr. Serj. Jeff. What was the Parifhes Name I Duffy.
Mr. Att. Gen. Do you know any thing of his going to view the Ports ?
Duff. I accompanied him to Carling Did you?
Duff. Yes, in perfon I did. Mr. Serj Jeff. What did he fay?
Duff. He went round about the place where iorrie Of the Cuffom-
Ships come in; there was a great Caftle there near the Sea, and lie
went to view the place, and could not get a Boat : And there was
a great talk of Carlingford to be one of the beft Havens in ;
there was no great Garrilbn at the place, and any Ship might come-
to
Cm 3
to the Gates of the Town and furprize it, being a little Town, . r -s,
Mr. Ait. Gen. What did he conclude upon that? A\yA/Y\,
Duff. That he might get the Drench Army Jto land faftiyvthere,
Mr. Att. Gen. What do you toow of delivering any. Amunitkm and
Arms ? i . ;
Duff. He did fend fomeof this mpnyto get Amunition intoV/^&/^
Plunket. You lay you were, Mwftffs .Curate? Can you ih&WQfciy
liich Inllitution as-you fay came to you to faife Mony? 'N \
Duff. I could have brought th^mi,but I thought it needlefs.
T.hmketi , Can you name any . other perfon I received mony from?
Duff. I have feen your Paper of -, the County of Movaghin.; vaa
Flunk. Have you ieen any of them pay any monies?*'' . ' .y..\
Duff. Yes, I have feen Twenty of them pay mony :
Mr, Jult Dolben. Why, you are acquainted with this man, are you
not, M&PiwksPlj Plunk. MyTprd, I believe liiave feen him,
Mr/Ju'ft.Dolben. Don't,you knoWihewasChaplaibto Bifhap Duffy*
Plunket. No; I never was in his company., . • l
Mr. Scrj. Jeff Pray tell him what time of the year it was that you
were at Carlingjord,
Duffy. It was at the end of the* Year "(77) and die beginning of
the Year (78.) v*. < : .
Mr. Att. Gen. Pray, if you can rccollefb, was you once, or twice1, or
twenty times in his company ? 1 - ; rr- ^
Duff As I am.a Chriflian, I have been a hundred times in his com¬
pany. And when you were creating Priefls, you would always fend
for me to be prefent; and I wonder how themari fhould forget himfelf?
Plunket, I do not fay I have not feen him, or that J am a flranger
to the man; but in the company ofBifhop Duffy lmvcc faw him,nor
J never fent him Orders to pay any mony: and if he did pay any mony,
he/blight Jhcw the Order.,
Mt] Scvj.Jeff, If he did pay any mony, you did ill to take.it.
Mr. Att. Gen. Pray let him have fair play to ask any Quefliens.
< Mr. Soil. Gw-r Tell how you came to remember that you faw him at
Sir JS[/ch. P lu 'nkfts. •:: u „• j <.. * /g •
Duff.. ;Dr, Duffy did fend 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 Spamfh Embafiadours, and he fent me for Ireland again, and
then I lived at-the Convent in Dullin \ and then, when I knew char he
would
would come to Town, I went to Rings end, Where the Ships came in,
to meet him.
Plunk. You fay you were with him at my houfe ?: Duff. Yes,
Plunk. If you were, you were invifible: But I ask you, why did
not.you tell this tofbme Juflice of the Peace?
Mr. Juft.Dollen. Good Mr. Plunket, lie tells you he was as willing
to forward it then as you.
L. How come you now to change your mind ?
Duffy. I went into France in (77) and I was not a year there alto¬
gether ; but when I have feen how the poor people there are brought
into fuch llavery by the French King, I thought of it, and had rather
the Devil fhould reign over us, than the Frenchman.
Mr.Juft. Dolhen. He gives you a very good rational account why.
Duff. I have been at Sir Nicholas Plunkets, and Dr. Patrick Plunkets,
where there fell fome variance about lomething this man had done to
Father Duffy. Says BilhopDuffy, I might have had you drawn and
quartered,if I werevas ill a man as you; and I might have been Primate
oD Ireland; if I would have undertaken thofe things that you under¬
took. Upon that, fays Sir Nicholas Plunket, What is that ? Why, it
was faid it was to raife 60000 men in Ireland at any time whenever the
French or the Spanijh King lhould wage, War. with England) Scotland
or Ireland. Apd this man did confefs before my face to Father Duffy>
that it was not only to exalt himfelf, but all tho Roman Clergy, and all
the Gentry that had loft their Eftates.
Plunk. Mr. Duffy, one word with you; Is not this out of malice to
me for eo^reftfogii/me 0/ the Clergy ? - ;
Duff.' You had nothing to do with me, for I was a Friar.
Mr. Att. Gen. Swear Edmo'nd Murfey. (which was done.f Tell your
whole knowledge of Dr. Plunket and the Irifh Plot.
Murff May itpleafe yoa my Lord, I was one of the firft Difcov&&rs
of this Plot; but of nine Witneflcs, I have but one in Town.
L.C.J. Well, tell your own knowledge.
Murf Now I beg your Lordfoip as to Dr. Plunket, that you wiihre-
fpit it till next Term, I could bring ten Witneftes.
Mr. Aft.Gen. Do you fpeak your own Evidence.
Murfey. I refer it to the ^mgand Council what Evidence I have
given. " swjid
L. C. J. Do not trouble your fe[f, be directed a little; you are here
. ii i D now
[ *6 I
now to fpeak what you know concerning anyTreafons, or any other
matters againft the King, done by Dr. Plunket; fpeak your own
knowledge; for as to other Witnefles we do not call you.
Murfey. If I be called in queftion for this Evidence——
Mr. Att. Gen. Come, Sir, you have been at the Spanifh Embafla-
. dors lately, anfwer my Queftion: Have you ever been with Pluniet
in Ireland? Murf. Yes, Sir.
Mr. Att. Gen. Have you ever heard him own himfelf 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 muft be either the King or the Pope.
L C. J. Anfwer me direttly. Did he claim to be Titular Primate
under the Pope ? Murf. I iuppofe he did.
L. C. J. Was he reputed generally fo to be ? Murf. Yes, my Lord.
Mr. Att. Gen. Mr.Murfey, remember what you fwore before the
Grand Jury; pray recolleft your felf whether that be true, and tell all.
L. C. J. You are upon your Oath, you muft fpeak the uuth and
the whole truth, you muft not mince or conceal any thing.
Mr. Serj. Jeff. Were you fworn before the Grand Jury ?
Murf. I was fworn 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 fwore before the Grand Jury true,
upon your Oath ? Murf. I can't fay but it was. Y
Mr. Serj. Jeff. Repeat it, tell my Ltird 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 fo.
What do you know of any Orders ifliied out by Mr. Tlmket, to raife
mony from the Priefls ?
Murf I know there was Orders, and I took the Orders my felf in
my hand. Mr. Att. Gen. From whom had you thofe Orders >
Murf. From another, and not from him.
Mr.Att.Gen. Under whpfe hand were thofe Orders?
Murf. They were from the Primate.
Mr,
— ~ C —7 3
Mr. At. Gen. Did you fee any Order under Plunket"s hand for raifing
of mony?
Murf. No, but under the Vicar-genera!s,by his authority,as I fuppofe.
nba$. Mr.Att.Gen. Upon your Oath, did you not fwear before the Grand
%k Jury, that you faw the Orders under his hand?
Murf No,I did not: or I was miftaken,for it was only by his direftion.
: Mr. Att. Gen. Pray had you any converfe with 0. Plunket about the
raifing of mony? Murf. 0. Plunket about the raifing of mony!
idejj Mr .Att. Gen. Yes, that is a plain Queftion.
Murf. It was about other matters I converted with him.
Mr. Att.Gen. But did you converle with him about mony?
Murf. No, not about the mony.
Mr. Att.Gen. Upon your Oath, did you converfe with him about
bringing in the French ? Mr. Serj. Jeff. Declare the truth, come.
L. C. J. Come, don't trifle; What difcourfe have you had with the
^ Prifoner about raifing of mony, or bringing in the French} either of
^ them, Sir.
£jy Murf I know this, if the D. of York and D. of Ormond had proceed
2!jj ed according to their Intentions, it was a general expedition at the
fame time, that all the French and Irifb would come and fall upon the
Englifh Nation, as I underflood.
L. C. J. Pray anfwer the Queftion direftly, You muft not come and
[V, think to trifle with the Court, you muft fpeak the truth, you are
fworn to it; you muft not come to quibble and run about to this
m and that and t'other, but anfvver directly: Have you had any
difcourle with the Prifoner about Orders for raifing of mony in Ireland?
w Murf, Yes, I have feen Orders from his Vicar-genral for the raifmg
of mony.
< : L.C. J. Hath he owned them to be by his dire&ion?
,• / Murf. Not before me, but others he has.
a Mt. Att.Gen. Have you feen any mony paid to him?
Murf. To whom ? Mr. Att. Gen. To Plunket.
- Murf To tlie Vicar-general I have.
L.C.J. But to Plunket. Murf. None to Plunket.
L.C. J. Have you had any difcourfe with him at any time about
the raifing of mony, which the Vicar-general gave order for?
Murf. 1 have had difcourfe with the Vicar-general.
L. C. Ji Sit, don't trifle, have you had any with him.
|5 z Murj.
i if
i
i
t
&
to
[28]
Murf. With him? L. C. J. Yes, With him,
Murf Yes, I have had fome difcourfe with him.
L C. J. Tell me what that difcourfe was?
Murf I think it was about this. If the D. of Tork, and the D. of
INMonmouth fell out together, that he had fome men to raife about that
matter, and if die D. of Monmouth would raife the Proteftant Religion
M Att. Gen. You fee he hath been in Spanifh hands.
L. C. J. Were you a Proteftant, Sir ?
Murf No, I am a Prieft.
Mr. Serj. Jeff. He is to feek yet.
Murf. I am indifferent whether I be Proteftant or a Papift. ^
Mr. Att.Gen. My Lord, he is a Prieft in Orders, and fo hath ac-
knowledged hxmfelf.
Murf. Yes, I am a Prieft, but it makes me forget my felf to fee
fo many Evidences to come in, that never knew Flunket.
L.C.J. Sir, yourefufe to anfwer thofe Queftions that we put to
you here.
Murf. .What I faid before the Parliament I anfwer punctually.
L. C. J. You are asked queftions here, and produced as a Witnels,
Will you anfwer direftly or not? Murf. Yes, I will.
L. C. J. Then let me hear what difcourfe you had with the Primate
Flunket concerning any mony raifcd by him or his Vicar general
Murf May it pleafe your Lordlhjp, firft of all I did not impeach
Primate Flunket, but the Officers and Juftices of the Peace.
Mr. Jones. Had you any difcourfe with him, yea, or no ?
Murf. That he ihould find fo many Catholicks in Ireland if the D.
of Tork and the D. of Monmouth fell out.
Mr. Juft. Jones. Why it plainly appears what you drove at at firft,
to put off this Tryal if you could.
L C. J. The Papifts in England have be«n at work with you.
Mr. Serj. Jeff. I perceived this Gentleman was very bufie looking upon
his Hat, I defire he may be fearched if he hafe no Paper about him.
Mr. Att. Gen. Mr. Solicitor and my felf heard the Evidence he gave
to the Grand Jury.
Then he went out of the Court and would fcarce he perfwaded to come
hack again.
Mr. Att. Gen. We both heard him, and he gave the fulleft Evidence,
much fuller to ajl Inftances, and particulars of this High Treafon, much
fuller
lon-
Tw
fuller than Duffy to the Grand Jffcyk r^^wd^':afediit 3 weeks ago
the Trydl-cbmitig oh, he rah'awaytodfiy liick ! tfcW k great deal of
pains to find him out, and fent MefiengtrS about; at lait I heard he
was got to the Spanifb Embafiadors, I fent, and they fpied him in the
Chappel; but the Spanifb Embafiadors Servants fell upon the Meflen-
ger and beat him; the Emb'affifdor was firft fdit td about itr and his
Excellency promifed that he ihoiikf be? brought , and when he Was
found he told me but the laft night, that all he had fworn before the
Grand Jury was true, and lie was ready to make it out again.
L.C. J. And now he lays, he knows not what he faid then, and
pray take notice of that. ....
Murfey. I told the Grand Jury this, that my Lord Plunket had a
defign to get 60 or 70000 men in Ireland, if the D. of Tork and the
D. of Monmouth fhould fall out.
Mr. Att.Gen. Did you tell a word of that to the Grand Jury ?
Murfey. Yes, Sir, or I was miftaken.
Mr. Att. Gen. Not one word of that did he then fay. *
L. C. J. Do you own this man, Dr. Plunket, to be of your Religion >
Mr. Serj. Jeff. Do yau know this Seeker ?
Plunk. He fays himfelf he is indifferent to be a Proteftant or a Papift.
Mr. Sstfjeff. I will only try you by one qneftion more,<. for you
arc fought out, and it may be you may be found; Do you know how
many men he was to raife in Ireland? remember what you laid to the
Grand Jury. Murf. 70000 Men.
L. C. J. What were they to do?b yr A
Murf For eftablifhing if occafion fiiouid be—
Mr. Serj. Jeff. Eftablifhing, eftablifhing what?
Murf Of the Romifii Religion.
Mr. Serj. Jeff. Well, fo far we have got 70000 men to eftablifli the
RoitiilhReligion,what, waS.Plunket-to dothis? '
Murf. As far as I underftood.
Mv.]\\ft.Jones. And you underftood it by himfelf?
Murf. I received Letters from the. Vicar General to get fo n.'uch
niony colleft^do and aftbon as. I got the Letters to my fiandft 1 ,a
them to a Privy Councelior.
L.C.J. Do.you not know that he was ingaged to aftift gic / rend)
Army ? Murf I do not know that by hira* but by gibci
Mr, Juft. Dolben. Did you ever difeourfc with about js
V A Murf.
Mr.Juft. Doff>; About the French Army £ i Murfey. Yes. r^d:
L. C. J. Do you know that he did endeavour to bring them into
Ireland $l ^ , r '•
Murf I had a Gorrefpondence in ir^r at the lame time—
£, C. J- . With whom ft Murf. With one Mac Carty.
X. 6*. J. And do you know that lie had coixefpondence in France * /
Murf Yes, I know that.
Mr. Juft.X><?/A With whom had Plunket correfpondence in France >
Murf He had correfpondence with Uz Cray, and others in France
as I underftood by others.
Mr. Juft. Doll. Was the end of that correfpondence to bring men
from France into Ireland ?
Murf Yes, fo far as I underftand.
Mr Juft. Doll* You underftood the Letters when you read them,
did you not? ' v7 > ■
Murf I know not how thefe people come to fwear this bufinefs,
whether tll&y had not malice againft him——
Mr.Att.Gen. Well, Sir, pray give you your Evidence, we will take
care of the reft.
Mr. Juft.Do/X I reckon this man hath given the'beft Evidence that
can be.
L. C. J. Yes, it is Evidence that the Catholicks have been tam¬
pering with him. . -r
Mr.Serj. Jeff. I defire he may be committed"- my Lord, becaule he
hath fenced from the beginning, [ivbkh was done accordingly.]
Mr. Att. Gen. Swear John Mae Jjegk [which kdi i/one]
Sir Fran.Wyth. Tell my Lord and the Jury what you know of
&ny-V\ot in Ireland tbbfmg m tktt Frenck ^ I
Mac Legh. I was a Pariih JRrieft in Ireiahd'm the County of Monaghan,
and Dr. Oliver Plunket received feveral Sums of mony in Ireland, and
efpecialiy in the Diocels where I am. I raifed feme of it, and paid him
40 s. at one time, and 30 s. another time t to - the I paid him
40 s. in the year himjok andlt was jfooi&yulyyand it
was for the better advancement of the French comid^rii. ^ r. o > v *
Mr.J ones. Did he tell you that the mony wag tobe employed thatXvay?
Mac Legh. Yes, that the mony Was to be kept fot Arms and Amu-
nition for the Roman Catholicks in Ireland. - .v. AV*vI .*
s
L.C.J.
L. C. J. Before you paid it, did you receive any Order from Km >
nay feveral would not pay it, and they were to be fufpended.
Plunk. Can you fliew any of the. Orders under my Hand?
Mac Legh. Yes, I Can Ihew them, but only they are afar off, I did
not expect to have them asked for.
Plunk. Havfc you no Superiors of your own?
Mac Legh. Yes, but you being Lord Primate, you could fufpend
Bifliops and inferiour Clergy together.
Plunk.-When was this ? Mac Legh. In the years (74) and (75.)
,: Pltlnk. What is the reafon you kept it fecret all tins while ?
Mac Legh. In the year (77) I did difcover it to one Mr. 0 Neal, who I
fent to Dublin to difcover this Plot. I was in France my felf, my Lord.
Plunk. How many years is it fince you returned from France >
Mac Legk in May in the- year (78.) > io : ._hrI,
f Flunk. Why did you.riot fpeak all'this while "tiff now?
Mac Legh. I did fend one Mr. Henry 0 Neal to Dublin, for I durft
hot go, left Hliould have been fufpended and excommunicated.
Mr., Att. Gen. This is the Prieft that Henry 0 Neal fpeaks of.
L. C, J. Is not this a very good reafon-? if he had come to Dublin
to difcover, you would have fufpended him.
Plunk. But my Lord, then he might liav^ fhewn my Sufpenfion and
brought me into a Premunire. *
Mr. Seq. Jeff. If you pleafe, Doitenr, fet us Who are. King
have done with him firft. I would ask you another (^efWon Severe
you at one Vicar Bradeys Houfe >
Mac Legh. Yes, I was.
Mr..Att.Gen. Tell what was done there. -X —
Mac Legh. There was Bifhop Tyrrel came there With 46•Hotfemcn
wdhhfiouittecb and' arthcdl he <su«f:lHtd the HMfo abourfc. fit the
morning; and-Raid till about-it at night. I was -Very much- among
them, and was asvwilling to be of the Plot, as themfclves. -
Mr. Att. Gen. Tell what was done there. • - FI
Mac Legh. There Biiho^Tyrrel foidj ho bach'Orderf from Dr.
Oliver Plunket and others, to pertake of the Pfo^tobringMn the
French, and fubvert the Govj^ftment in Ireland\ and deflroy the Pro-
teftant Religion and the Proteftaitts. i - ,vno/l A X
Mr .Att.
t 3 r 1
Mr. Atty Gen. Was there an Oatli given >
MaoLegh. \Mcfe theyiv^rohif puc to their Oaths,iwHich' they did1
tike. \\7ijliiiglyLto-. keep it privateTduring their lnresi£ihia5 a rid the reg¬
ion was' they were to have their Eftates during their lives time;a >
Mr. Serj. Jeff. Now tell, us when-this was. . ti.
Mr. Ait. Gen., My Lord, Henry 0 Neal and PBlem 0 Neal fpeak to
the iamepurpofe. * > lax; n\er.i ov;.: oj j..c; : r\
Mr. Serj Jeff. Do yeuremembcr whether HenryG Neal was there?
did he take the Oath of Secrefie ? ■
Mac Legh. Yes. ;l: : '
Mr. Att. Gen. What do you know of any Letters from Plunkett
Mac Leghc'imF^ance,I landed auifrr/?, andgoing throughBriiany,
I met With Biflidp:Tyml'.zndBti&'ray, whorwosany luD&FQlifoerPlun-
kets Agent, and Duke John of Great Br it any came into them; for he
heard of thefe z Bilhops being newly come out of Ronr. ftnt for them,
and I being a Prieft of Tyrrels Diooefc I went along Vvidi them, and
they were well accepted, and ihewed Dr. Oliver Plunkets Conditions
with the King, of France/wlndr was this; to get DulPin and London-
Derry, and all the Sea-ports into their own Hands, to levy War and
dellroy the Proteflant Religion, and that .they ihould have hite to
protedt them during his lifetime. .og v~ 7 »; z: b jc I .V A
L.C.J. Did you fee thofelConditions? if/ vy;- fe cj
Mac Legh. A Copy of them I did, the Goverriour of Brit any Aid
ihew them to the Biihop.
Mr.§er>J<^ What Language-were tlaofe CcmiitiQnsina .
s Mac Legh. They were in Laltine, Sir.
Mr. Serj. Jeff. Was Edmond Murfey put out of the- Dioceis.
Mac Legh. Not as I know of.
L.C.J. What do you know of his being Primate ? upon what con-
dtfions W&s h§;mad&J?fcmatjfr \vvvf\ ooffuor. i w f
st l: Mac Legh He w^lmade^riimte hyl tlie)£fej5tioa ©Lthc King of
France. And upon his Election, he made? tliofe Conditions with the
King of Francfy to raife men to„ join , with the Frenchy to, deftroy the
•Proteftant Religion. .ural: on. . -u dfei </ CoT rn>. It-ciAl
.idMr,Juft. kfuQiy thlatman, Dr. PlukketJ :t f.
e Plunk. YtS/.;my^rd.; c;J ,r orho bna v;Vv■ V... . •
< Mr. Att. Gen. Will yoii askjiim anyQueftions>
Plunk. None, but what I askedjrfld.QiJhers. ; Bet,; i *
.v . *.BT " Mr.Juft.
if m3
Mr.Jutt.Dollen. Thehif that is -all, he hath given a good anfwerto
that already, he was as forward then as the reft.
Mr. At t. Gen. Then fwear John Moyer> (which was done.)
Mr. Juft. Jones. What do you know concerning any Plot in Ireland,
and Dr. Plmkets being in it ? .
Moyer. I know him firft, my Lord, to be made Primate of Ireland,
ingaging that he fhould propagate the Roman Faith in Ireland, and rc
(tore it to the Catholick Government, and I know the time by relati¬
on, that I came to Rome Within two months after his being made Pri¬
mate of Ireland upon the fame 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 ufed to go abroad he ufed to car¬
ry me along with him as a Companion, and there I found feveral of
the Roma Cardinals (ay, That the Kingdom of Ireland fhould come
under die C <::! dick Government by the way and means of the Lord
Primate Plunket. , - •'
Mr. Att Gen. What do you know of youfc-felf ?
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 0 Heals, who hath been my
Lord Primates Page.
Plunket. I never had a Page.
Moyer. You termed him fo my Lord in Ireland, and as I came, this
young man had a pacquet of Letters with him, as though they were
Commendations to enter him into the Coliedge De propaganda Fide,
dire&ed to the Secretary of that Colledge. 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 thefe, I tranflated them y years ago, and here are the Contents
following, if you pleafe they may be read, I will do my beft to read
them in Englijh, the Original were in La tine, and fbme Phrafes in
Italian. And when I was furprized by Mr. Murfey the Jaft year, and
taken fuddenly, 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 Englijh as near as I could, and if I did not dirni-
nifli any thing by the Tranflation; upon the Oath I have taken, I have
not put any thing in it, but what the Contents of the Letter were.
\ O A E L.C.%
t 34 r —
L.C.J. Was that Letter under his pwn Hand? .
Moyer. My Lord cannot deny that. t , ?
Tlunket. Do you know my own Hand writing?
Moyer. Does your Lordfliip deny, that I know your Hand ? -
Tlunket. Pray Sir will you anlwer it/-.
. Moyer. Yes, I do very well, i ;!
Tlunket, When did you leave Ireland t
Moyer. I. will tell you that, my Lord, 'tis lbme 14 or r 5- years ago.
Mr.Serj. Jeff. You were giving an accompt of the Letter, read it.
c;;Moyer. Here! is the Contents, IHuJiriffime Domine, it was. directed
to Seignior who is now Secretary of the Colledge De pro;
pagan da Fide, (fo then he read his Paper. t : •■•... 4
Mr; Sol.Gen. You fay* you tranflated that out of a Letter under the
Pri jonejrs. own; Hand,
Moyer. Yds, I tranflated it immediately, and to prove .it, I have
Statutes which his Lordiliip made in the general National Council,
which are under your own Hand, my Lord.
Mr. Sol. Gen. When did you make this Tranflation ?
Moyer. Sive 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
iaft year, the Souldiers and Tories game and took them away with
other Papers I had of the fame bufmels. : ;
L C. J. Was the Paper you tranflated that from, of his Hand
Writing ?
Moyer. No, my Lord, the Paper I took this out ok (Was a Copy of
die Original. i r
L. C. J. Was the Original of his Hand Writing ? . <
Moyer. Yes, it was. L. C.J. Where did you take it?
Moyer. In Caprenmca, when 1 met with my Lords Page.
jl. C. J. W7hat made you take a Copy of it ?
Moyer. it was in latzne and Italian, and I tranflated it afterwards.
1.1. J, And the Englijh Father, you lay, made bold to open it.
Moyer. Yes, becaulb he thought'twas a Letter of Recommendati¬
ons, but the Original of the Statutes made at Clouds, I did take the
Original and gave a Copy to the Page,
L. C. J.
tMl
L.C. jf. Have you the Original here?
Moyer. Yes, my Lord, under his own Hand,
Plunk. That's another thing.
; C\ J. But we would knbw that other thing
Mr.Serj. Jeff. My Lord, I defire that he would produce it, 'tis hb
own Hand Writing, fee whether his Grace can deny it
Moyer. The figning of it is his own Hand Writing, I got the Wri
ting 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 Jhewn to the Prifiner,
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 thole Statutes, wherein Ireland
Was bound to fend fo much mony to Rome upon fuch a defigh.
The the Witnefs read the Title in Latine.
Mr. Juft. Doth. Look out that Claufe for the railing of the mony.
Moyer. My Lord, 'tis that I look for. Cum toti Clero in Hilerntu
neceffarium jit.
Mr. Juft. Dolb. That is but negotia generally.
Mr. Serj. Maynard. That was to folicite their Affairs.
Mr.Att.Gen. 'Tis 500/. in the whole.
Plunk. Is it joo I ?
Moyer. 'Tis in Figures, a 5- and two [00.]
Plunk. My Lord* this is Counterfeit, 'tis put in by other Ink.
.. Mr. Juft. Dolb. Like enough fo.
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.Juft.lWA How much do you fay was the mony, Dr. P Sunken
Plunk.. My Lord, every Agent that is kept at Rome hath a main¬
tenance, as all Countries-have their Agents at Rome.
Mr Juft. Dolb. How much was it >
Plunk. It was 50/. a year.
L. C. J. Look you, Mr. PJunket, confider with your felf, 5*0 or 5*00
m this Cafe is not f farthings difference , but the money was to be
rai&d by your Order.
. Flunked Ay, but whether in was not raifed to this effecf*: There
mo
is never a Nation where the Roman Catholick Religion is profefled,
but hath an Agent for their Spiritual Affairs at Rome, and this was for
the Spiritual Affairs of the Ciergy of Ireland.
Mr. Serj. Jeff. And the Letter was for Spiritual Affairs too,was it not >
Plunk. I defire nothing, that is a truth, every Nation hath an Agent,
and that Agent muff: be maintained; -and the reafon is this, becaufe
we have many Colledges beyond Sea, and fo there is no Country of
Roman Catholicks, but hath an Agent in Rome.
L. C. J. You had better referve'your felf till by and by, to anfwer
that & the Letter together; for this is but a fmallpartof the Evidence.
Mr. Att. Gen. About this Letter you were fpeaking 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 Marfeilles in France, and there were 2 Captains that had as mucn
notice as I had in that Letter>for they were difcourfing that they would
advance themfelves in the French Kings Service, and hoped, that by
the King of France's help to have the Roman Catholick Faith fet up in
their own Country ; why, that difcourfe pafled off, for I was mightily
afraid of any fuch thing, becaufe I was of another opinion; for perhaps
r might think the Roman Catholick Faith would flourifli as well as ever
it did, and hoped fo as well as any body elfe, but not by the Sword.
As I came to Madrid, there came one Hugh 0 Donnelly Son to
0 Donnelly with Letters of Recommendation, and thole Letters were
to intitle the young man Earl of Tyrone, and likewife that his Majefty
the King of Spain fhould help him for Ireland\ according to the form
of the Letters he had. And then as I came for Ireland\ fpeedily after
there came Letters of Recommendation to me, that I Ihould prefent
fent my felf to my Lord Primate, to hear Confeffions, and be heard
preach. I came to his Lordfhip at his own Houfe the 9th. of Decem¬
ber (74) and there he kept me feveral hours, and approved me; and
the Copy of the Approbation I have to Ihew. And after a long dif-
pute we went afide, and went to look Father Patrick, and there he
mewed me fuch and fuch things. And after a long difcourfe I told my
Lord Primate,I fee your Lordfhips Letter,which you fent by young 0
Neal,m fuch a place,and he fhewed me the Contents of it; and, faid I,
Ay, my Lord,'tis a good Intention & Defign, if it can be done without
Bloodfhed; then my Lord mufed a little, and,faid he, well Father Francis,
(which is my name in Religion,my Chriflian name is John) pray will you
37 T
what
keep itfecret, well my Lord, laid I> you need not fear; for, faid he,
ever I have done herein was not for nly own gqo&biit for the publick
good ofthji Gathoikks. . I, Yis,-well* Then does dieiom-
mend me into the Parifh of where hdre 'was
to put in a Bull, that I had from my Lord Primate, which Bull was
brought here lalt year; arid there he profered me .high Promotions,
if I would further fuch things, and folicite fuch Gettfleftien as I knew
would be private in fuch a bufinefs, luch as were old Commanders a-
mong my Friends and Relations; Shortly after this I faw Tlunket and
Billiop tyrrel, ,anc} Captain Con Q Neal praftifmg to bring Souldiers
ready for Ireland, alfoon as, they could get opportunity. This Cap¬
tain Con 0 Ideal coming to the place where wq.kept our Priory, and he
and his Brothers were Sons to General 0 Neal, And .there .Captain
Con comes in the night time and lodges with us, and difcourfed with
his Brother and I, becaufe I was his Companion beyond Sea, about
thefe matters, That he expefted my Lord Primate and Bilhop tyrrels
coming thither that night, to make fome propofals about the Church
and other Affairs. After ten a clock,, or thereabouts, my Lord Pri¬
mate and Bilhop Tyrrel came with others in their company, and there
they and Father 0 Neal did confult among!! themfelves, that they
fhouid lend Captain Con to France, and to Barcellona, with fuch and
foch Inftruments; and fending thofe Inftruments away] Captain Con
departs the Country and goes for France foon after; and fpe^dily my
Lord Primate undertook, that he and Billiop tyrrel fhouid vkwMan-
Jter and Vlfter, and other parts of; Ireland, to fee how Affairs Hood.
Soon after my Lord Primate calls, a General Provincial Council, and
fends out his Orders to levy fuch and fiich Taxqsvand Subfidesyand
Warrants to all the Parilh Prieffs, that they fhould give .them new
Lifts to know whether the Numbers they had fent to Rome before,
would comply with that Lift. And then 0 Neal wetft to view the
Forts oi Qharlenwnt and Dun-G&tttcn, wlui^ff ^ thofe Lords did colled
the mony; v the Orders I have fee# with my p\yb proper Xym and his
own man conieffed beforethe Council in Ireland that my Lord gave
them underdiisddanid;!!- rb / / ol cw^flolir: >1 oori •
Mr.Serj.Jejf. What year was this ?
Meyer. totthe;)^): of^y.iJejfeeinbnncei
L.C.J. Lookyou-Sir,^as thb^t^Provfoeinl . X
Moytr. ,Yes,.rny: Lord, a G^uei\d National Council, to fend over
Inftru
[38 > —
Inllramcnts to tell them, that they were ready to aflift any Foreign
Army, that lhould help on the defign.
L.C.J.Andtoraife mony? Mfyer. Yes, my Lord.
Mr. Jul \;p0ek.Have you paid him any mony ?
Moyer. I was exempted my fclf; but I have feen others.
Mr. JufT. Do'tben. How many? Moyer. I believe 30.
Mr. JulLDc/A?*.! It was not then a ferret thing, but openly done
by them. '.!< raw ;n
Moyer. Yes, Ifawthe'm when they came with Orders, there were
four Priefls, and they had a great Cloak-bag going with Orders up
and down. Mr.Setj. Jeff. Why were you exempted ?
Moyer.BecaufeLp4RegularPrieift.•-* , v.iot . , r .
f- Sir F). Wiikekflh Yhu lay -you faw-tltS Ordets for railing mony,
how do youknow for what it Was to be employed ?
Moyer. It was there fpecified'down. :
Tlunket.Can you lliew any of -the Orders?
'Moyer: Icoukinot' take them,- thbydid not concern me.
Sir FrlWithins:How Was it Ipecified'? >"
M oyer.To Levy fo much Mohyfo-T Pried. I cannot remember the
particular Sum; but that every Priell Ihould give fo much towards an
Agent in Rome to Solieite their hufinefs and forward it.
L.C.J.What Year was it? > •'■> >M
L.C.J. Wasanyof the Monyf|lceified for railing an Army or bring¬
ing in the French ?
Moyer. It was both for the Agerif and to fummon a National Coun¬
cil,to get things ready prepared f-to entertain and-accept the French
Army when it ihould'cbmO.'J Litm itot lb good in e'xpreffing my fell
in Ertgliih. ) Ml v ,.:: p • .■
L. C. J. Your fence is good, 'tis no matter for-your exprefllon.
Me. J ones. What more-do you know?
Moyer,I £nOw thai1 he -had tire fame Council, and that they did a-
gree upon {the bufiliefs, and this I ki-iow by o and I
being wilfing'that this wicked Adlion lliOuld be hindted, fent to the
next Juftice to dilcharge my felf of it, which Jnftfce was as favoutftble
to the bulinefs as my Lord himfelf Was.
L.C. J. Wilt you ak-liim any Queftioiis,' Mr
Tlunket. 1 defire to >kWbw when ieiocxi
M oyer.I canaot tell how to number the years, but'I think 'it was in
. i:. or
C J?;]
6i or 6 3, to the bcft of my remembrance it was i.tforfy years
• ■ fOunket.When did you return? ni;i '
Moyer. I came back in 74, you know it> my Lord.
pluwht. Very well, when did you fee the Letter with the young
matt Capremkai Moyer. \i u< •
pbnket. How thetndid youknbw my hand which youhad'nevbr
Ptyit feen? 3 :irr Jfl ll .. . ' .. ''
Moyer. I have feen it leveral times to feveral Inftrumencs, to Seignior
itlffifi y and I have fpen feveral other Letters of your hand.
itOrd® plunketi Mm did you know my hand?: j:,A , . i vi.i■ ye.
'X- 'Moyfr. I eannot ydfieively then-kwhF your-Mtid, bub aidord-
ing to! relation, I hearcl'it from thole Cardinals ll-converfed with it
f^aw Rome. ■■ - v ■ • .
-<! Bunrow yew are acquainted with his hand,1 is it the fame
ihalacl which-yda have ieeintpund down iti-WritingSAVith his name to?
Moyer. Yes, my Lord it is the very fame hand." m
H .-niftifJ Serj.-j fejf:I ask yew, Sir, When you came badkYgain and told
hitn.you had Icon kicli a Ixtceg'tinder his hand vvithO did he
mkrtk own it to you? .;Lta i. i.. , ...
mfar did<»0WriiC/'afndthatihbdid-fiotdbitforhisbwhbe¬
nefit, but for the publick. ']• ul .xsb-iO a':'
Mr. Serj. Jeff.©idhedefire you to be fccret? *■
tjotla> Moyer. Yes, lie did, a«d to be ilrlcreet, a(ld lie woukl fee me highly
ipiBfttotedi. And, mjib^rdsyou&ntftGtfofAlstjs nio»-togive me 100 /.
yCf. that I flit^d nKk;y)tefeau;e;;you}iabcotiS*g as they told hie, and diey
ttk/w 'gaybme^ne'Guinny''ln1vand'fbrf|ifc ! i- %;? T "vv\
fnonft L.C^^. Some oflttameto the'handS'trf^/w^y r believe.
Pl«fikm:Mfb<£>i!&yYchtii\w{ay aiiy;th'in|dto thivawy hands are
uli 'tytJ/becjaabiwyWiweffcsaeeliwei^x^'iM^Jsk-djiif^ -Mi my.Wk:-
neiTesand'Rec^M^Pdtd notfc^reiifoi'JiiMtlttrfeWitmflbs/
tkydih L. C. J.But you know, you had timetO-'feriftgi theiw:
irtt,mil '-Pk&hftJ'MytLcwrdl^ L'idafffO tol know whether- Bfe'bedYffi hand,
fenttotk '(Ihewing the I?apet to Mr.Moyer.) tn^b*<?4t.»..-
;javorf ;-Pd«fiw:(tidefeUt may <be.read! Ifcft sd VJ&afe Js'dw lioc-xi- Jjmal
Moyer. Yes, lam very well fatdsfiedit fllblddhaJ re.'jo gjrh'::- :
Cl. of£r. Reads.x For my very Reverend Father j»tUny'
Guardian of^mi^YourLe'tter & Gieari6h------:Tisdated'iny^ ^78.)
, .gSj; f;«/^#^dHecanbeft.r^ithiittiyM'V 13«b'"orJ.jjov , a
Cl.of
ClefCn:Readmit r
Mayer.My Lord, I pity him wifhi^r.tyjheittb: chaff a man of my
own Funftion, ihouldbe brought into quefuon. for liichthings as.thefe
are, (lie reads) Very Revfererid Father Quafdianj jtis'datSe'd (478.)
Your paternities paternal Letter and ■ .(Station homeward, in-
ftantly perufe. , As for my lord JwEOte/aLerter cb him
the day before I faw your Reverends kill, that he might caulemy
Fame, which is as dear to me as my Life, to be recalled; or I ihould
caufe his Name to be fixed at every publiek place, which by the Al¬
mighty I will do, "Nature afidiaU reafoneompelling me to do it.
'.i. Phuket. My Lotdy I layj tlHsiihq fays he ieame to my houfe when
he came over, and I imparted this .fccret to;hSm, yet you fee I had de¬
nounced him throughout my whole Diocefs, and he here calls me by
all thole Names ctf Elmos,, Smm MagWs.wdBarjefw, and'tis im-
polfibletif Ji had'fOommutd^ed/ihchWSpreLe? him, that I would deal
lb with him. rtorl an i'fi
Mr. Juft. Ddlben.He does not fay, you imparted this fecret to him,
but he fays, when he told you of the Letter, youanfivered him, but
. you feemed liirprized and mufed firft. ' ,
L.C. % iYou fcemedltO, flatteiiitim.tlfoni- and told him you hoped
to fee him, the bell of his Order, highly promoted. ! .n
Mr. Juft. Dolben.How came you to fall out,
Moyer. When firftthey had this meeting at Erantry, feeing aCloud
coming, and dceytdingia Wary aed :theconreq#neies.of .it, I went and
appliedmy folf to%;': &• one of his Majtfi:iesRritlyCoun-
cellors in Ireland, and I gave in all my Informations December 7 (j6.)
Mr. Juft.Dolb. And..thereuponhe denounced:you-Excommunicate; j
Moyer. Yes, and afterwards, when he law I Was in communication
.and familiar with, th^fe Privy Colmcellors, then he was certain I had
difcoVered the matter; and then he get.a great many devices to get
the Letters out of my hand. 1 hia! • • ,
Phuket. You fliall fee under his own hand allithe Stratagem of
this, if I had my .Witnelle$; hcrc, you ihould then-lee wider liis own
hand, upon what account he fell dutowith me. , Pcay, my lord, ask
him if this other LettCrbe his.hand. >• r;' ..< <
Moyer.I believe it is my own hand. ..Read.'iti . v
Moye't. (Reads) (Very-R^erehd! Father Guaidian. (then (peaking)
My Lord, you know that I waSifoth.taiddSa^t cfnyfeifi bphig among
V, > • People
U»3
People knowing of the Plot. L. C. J Wei!, read it over.
Meyer. (Reads) the 23.0{April (78) I was lomcwhat comforted
by your Letter. But now I hope your Reverence hath confidered what
wrong I have fuftained, by my envious Adverfaries Calumnies, only
for Handing, as I have a Soul to lave, for your Rights and Priviledges,.
as alio for endeavouring to hinder my native Countries rume and de
ftrudion. Mr Juft. Doll. Read that again. (Which lie did.
Plunket. Obferve, that I was his Adversary, for (landing tor the
Rights and Priviledges of the Fryers.
Mr. Juft.ZVA As alfo for endeavouring to hinder his Countries rii
ine and deftrudion.
L C.J. The one and the other were the reafon of your falling out
Moyer. (Reads on.)
Moyer. My Lord, I was I confels a begging Fryai. and Hood up
for the Priviledges of the Fryars.
Plunket. Did you writs any Procels to Rome agamft tncj
Moyer. No, I never did it.
Plunket. My Lord, does not he lav I was m dngraet at Rorr
Moyer. No, nothing of that.
L.C.J. I don't hear if, but what if he did :* what vs that to the
purpofe.
Plunket. To lliew his Contradictions, now he lays, 1 Was great in
Rome, and but then in his Letter he lays, I was in diigrace at Rome.
Now he fays, all that he had againf! me, was for his Fryers, and to
hinder the deflruction of his Country; becaufe 1 hindred the Fryers to
beg there, is the Deftrudion of his Country, as he was doing there.
Upon that he fell out with me, and upon that his own Superiors lent
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 prcfent we have done with
our Evidence.
Plunket. My Lord, to fhew what was part of the falling out, I
would ask him if he was Indided for any Crime, and found Guilty by
a Jury I
Moyer. Th&Sctf&s for difcovering, for I difcoveted it before.
Plunket. My Lord,he confefles he was Convided for givii^Povvdcr
and Shot to the Rebels.
•,..-uv3 F Mr.
[4*3 ———
Mr. Juft. Dolben. T^o, no, he does not fay fo; produce the Record*
if you have any of fuch thing.
Moyer. To latisfie the Court.
Mr. Serj» Jeff. Look you, Dr. Flunket, if you will ask him any que-
ftions, that by Law he is bound to anfwer, do it of Gods name, we
will not intcrpofe, but if you ask him any quefticns that may tend to
accufe himfelf, we muft tell you, he is not bound to anfwer them.
Flunk. He hath been convifted and found guilty, he will confefs it
himfelf.
L C. J. He is not bound to anfwer fuch a Queftion.
Moyer. It was a Tory fvvore againft me, that you did ablblve.
Mr. Juft. Dolb. Don't tell us a ftory of your Tories.
L. C. J. Look you Mr. Flunket,don't mifpend your own time; for
the more you trifle in thefc things, the lefs time you will have for
your Defence, I defire you now to confider, and well husband your
rime for your Defence; what have you to fay for your feJf ?
Plunk. My Lord, I tell you, I have no way to defend my felf, in
that I was denied time to bring over my Records, and my Witnefles,
which are 10 or iz. And if I had them here, I would frand in defi¬
ance of all the world to accufe me; but I have not fufficient time to
bring over my Records and my Witnefles,and I am brought here from
out of my native Country ; were I in Ireland, there both I and they
Hiould be known: but when I was to be tried there, they would not
appear; and it is all falfe and only malice. Thefe men ufed to call
me Oliver us Cromwellus out offpight.
Mr. Serj. Maynard. You are very like him, a Deftoyer of the Go¬
vernment.
Mr. Scrj.Jeff. Were not you acquainted with him ?
Flunk. This is all I can fay, if I had my Witnefles here I could
make my defence.
L. C. J. Here are fome things, that if you can give- an Anfwer to,
you will do well to doit ;for they ftickclofe to you. They do teftifie &
gainft you here, that you did undertake to raife a body of men in Ire¬
land, 70000 men they lpeak of out of in your own Nation, and all thele
were to join with the French, for the introducing the Religion of the
Row iff Chgrcii mto Ireland, and fetling that again there: And that
you, in pilfer to this, did take a Survey of all thofe Rowan Catholicks
that were able to bear Arms, from 16 to 60$ and there'is plentiful
I _ Evidence*
C43 3
Evidence, that you did go a Circuit there to perufe all the Towns*
and fee which might be mofl; convenient for the taking in, and enter
raining the French, and landing their Forces; and Charlemcnt, you did
defign that for one flrong place to be taken, and Dun-Gannon for ano ¬
ther, and that you did defign the French Army to land at Carlingiord',
and all that was with you, tells the reafon you gave, why that iliould
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
thefe foreign Forces, raife mony, that you did fend out your Orders
ful poena fufpenfionis to all that were of the Roman Clergy, and that
this mony was received, feveral of them teftified that they paid it to
you, and this man hath feen great numbers of perfons pay mony to
you upon thefe accounts. All thefe are Trealon, what lay you to
them. It does import you to confider what Anfwer you can give.
Plunk. My Lord, firft as to the firft point, I anfwer, that I never re:
ceived a farthing of mony out of my own Diftrift,and but for my own
Livelihood, and that I can prove by thofe that have received it forme,
that I never received over threcfcore pound a year in my life, unlels
lome Genieman would now and then give me 10 s. for my relief. For,
my Lord, this is the way in Ireland, every Prieft hath fo many Families
allotted to him, and every Roman Catholick Family gives 2 s. a year
(as thej that profefs that way, know) and the Priefls give me who am
Superior over them, in my own Ditlrid, forne 2os. fome 30 s. and 1
never got fo much in my life as to maintain a Servant, and this was
attefted before the Council in Ireland.
Mr.Juft. Dell?. Ay, but the Witnefles fay, cut of your own Diflrid
you fent into another Bifiiops Dioceis to colled mony.
Plunk. My Lord, I fay I could never get fo much as to keep a Ser¬
vant, and till now I never got a farthing out of my own Diocefs, un-
Iefs I have been called to an Arbitration or fome fuch thing, it maybe
for my Journey and Expences 40 cr 50 miles they would give me
fomething for my maintenance ; if you fhould find any thing elfc, I
will be content to fuller; and if my Evidence were brought from Ire¬
land, there is nothing but what woitfd be made clear, both under their
own Hands and by Records, and that is all well known, and was attc-
fled in his prefence before the Council in Ireland, which threefcore
pounds was a very fmall thing to maintain me,and I never had above
one Servant, and the Houfe I lived in was a little Thatclfd Houfe,
F 2 wherein
C44 3
wherein was only a little Room for a Library, which was not 7 foot
high, where once this fellow came to affront me, becaufe I had hindred
him from begging, and that's for the Mony. For the Men, I defie any
one that ever fee mc make a Lift of Men in my life, or can produce
any Lift made by my Order. I was never in my life at Kinfale,at Cork,
at Dun-Gannon, at Limerick, &c. or thofe parts of Munjler which were
the chief Ports where the French fhould come in, and not in Carting-
ford, .which is the narrow Seas in Vljter, which any one that knows
the World will judg to be a very improper place for the French to land
in. 'Tis all one as to fay that the French fhould come in at a poor
place where they could get nothing, it being at the narrow Seas, and
they never faw me there in their lives.
L. C. J. Yes, one does fay, he was with you.
Flunk. Well, one does fay he faw me there, but if I had my Wit¬
nefles here, I could prove he was a Friar, and declared an Apoftate by
his own Provincial, as this Gentleman is, and becauie I hindred them
to beg in my Diflricrs, therefore they have this malice againft me, that
is all Well, my Ford, that is for that : I was never in my life inCon-
naght; and the) cannot fa>, 1 took any Lift in Vljter, nor was twelve
mules 111 Munjter m my life : But thus, my Lord, fometimes there
would be, as our way is, fb many families aftigned to every Prieft,
( and this is the plain truthj this Pried perhaps complains to me of the
inequality, my companion near me hath 170, and 1 have but three¬
score, which I muft re£hfie; though 1 never knew but one of
thefe Complaints. And if I had my Witnefles from Ireland, and the
Records, I would defie all thefe Witnefles together. For my fending
to Rome. 1 had never an Agent in Rome for thefe leven years paft, be¬
came I was notable to maintain him, and indeed it was a great ihame '
to us: becauie there is never a Community of Fryers, that hath a Col- j
ledge beyond Sea, but: hath feme Agent at Rome.
LX\ 7 'Tis a ihame to have one there, not to want one.
Mr. JufL Doll. Well, if you have Witnefles, 1 cannot tell what to
lay.
flunk. If I had gotten but to the latter end of the Term, I had de¬
fied them altogether. And your Lordlhip fhould have feen 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 fearched the Towns and coniideredic
Mr.
Usl
Mr. Att. Gen. He does deny there was luch a Letter, he does not
own there was fuch a Letter.
flunk. I my Lord, I never did write fuch a Letter. And that young
man that he fpeaks of, I could prove, if I had my Witnefles, that he
never was in any Service or Company in Ireland, nor writ any Letters
by him.
jL C. J. Did you never fend any Letter by one 0 Neal?
Plunk. No my Lord, but he went over a begging.
Moyer. This young mans Brother in Law will teflifie, that he was
your Lordlhips Page.
flunk. I have 3 Witnefles that he came there begging, naked, and
was fick 3 months, and went over a begging, and was at Rome as a
ftragler.
Moyer. Call Hanlet, (who came hi)
Sir Fr. IVyth. Did you know Neal 0 Neal> Hanlet. Yes.
vSir Fr. IVyth. Whofc Servant was he ?
Hani. My Lord flunket fent him to Rome; he was fent there with
his Letters, and I faw the young man and the Letters.
Mr. Jones. Did he come a begging there ? Hani. No.
flunk. Where did you fee him? " Hani. At Mailt. A
flunk. Where is that? Hani. In France.
Plunket. And you faw him with my Letters ? Hani. Yes.
flunk. And this man fays, the Letters were opened at Caprennka,
becaufe he thought they were Letters of Recommendation.
Hani. Why, he went that way afterwards, and they were not o-
pened when flaw them.
Mr. Sqt). Jeff. Did you know he was the Doftors Servant ?
Hani. Yes, he was.
Plunk. Did you fee him in nty Service?
Hani. I law him in Mant.
Mr Juft. Doll. How do you know lie was the Biflieps Servant.
Hani. Becaufe he Ihcw'd me his Letter.
L. C. J. Was he owned for his Servant, and was he taken for his Ser¬
vant., Hani. Yes.
flunk. Did he go on Foot or on Horfebak.
Hani. He went on foot.
flunk. He was in a poor condition in a place not above four miles
Irom Rome, that I can prove.
L.C.%
14° J
L. C J. Did he beg as he went? Hewlett. No.
DC. J. Mr, Plunket, if thereas any Qucftion you will ask of the
Witnefles; or if there be any Evidence you would give your felf, this
is your time ior the doing of it; if not, we nauft leave your Cafe to the
Jury, who have heard the Evidence all along.
Plunk. Only this, my Lord, your Lordfhip fees how I am dealt
with. Firft and foremoft,I have not time to bring my Witnefles,or my
Records, which if I had, I would not weigh one farthing to leave my
Caufe with any Jury in the world. Befides all this, I am brought cut
of my own native Country, where thefe men lived, and I lived, and
where my Witnefles and Records are, which would fhew what thefe
people are. I fent by the Poft and did all that I could, and what can
I fay when I have not my Witnefles againft thefe people, they may
fwear any thing in the world; you cannot but obferve the improba¬
bility of the thing in it felf, and unto what a condition lam brought.
My Lord, my Life is in iminent danger, becaufe I am brought out
of my own Country, where thefe people would not be believed againft
me.
Mr. Sol. Gen. My Lord, I think this matter lies in a narrow compafs,
the Evidence hath been long; I would only repeat the fhort Heads
of that which hath been given at large. He is indeCtid for a Ccnfpira-
cy to kill the King, the Overt aft is an Endeavour to introduce a For-
reign Power into Ireland, to raife 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 Witnefles, and
the Proof in particular upon this perfon at the Bar, hath been as plain
as any thing can be. They prove to your Lordihip in general, that
there was an Expectation that the French iliould come in, that there
was an Invitation of Florence Wyer the firft Witnels, to go over into
France, and fpeedily he fhould have a Command upon his return, in
Ireland, that there were Preparations; for this appears by the Oath of
Secrecy given to feveral men. Forty men that came alopg with Bifhop
Tyrrel to keep it private during their lives; and there was a farther
proof of that general Confpiraey by Duffy, that when there was a gene¬
ral meeting of fo many thoufand people for Confirmation, there was by
the Gentlemen at that meeting a fecret Confuitation how to carry on
the Defign, and how to lift men, and to look out the old Officers in the
late Rebellion, and to fee what pofture they were in, as to the manage¬
ment
— t47J
men tof thisDefign, and this comes now particularly to the Prifbner
who was by at this Confultation, fo the Witnefles do tell you. But
that that comes nearer to him, is, that he did ifliie out Orders for the
raifing of Mony, and that he did raifeMony purfuant to thofe Orders,
and did receive Mony for that very purpofe; this is proved by three
Witnefles, Duffy, and Mac Legh, who paid the Mony, and by Moyer
the Iaft Witnefs, who faw him receive it from feveral Perfons. This
is pofitive upon him; nay, they fay farther, that there was a Lift made
of the feveral men, in the feveral Parifhes, that were able to bear Arms
upon occafion, from fixteen to flxty, and there was a Lift of a matter
of threefcore thoufand men that were ready upon any occafion to rife
for the purpofe, and this Lift was delivered over into the hands of
the Prifoner at the Bar. There is one Witnefs, Duffy, that fays farther,
that he faw a Letter under his hand in France to the Cardinal BouillonT
to invite the French King into Ireland, and he did wonder that he
fhould fpend his Time and Blood in Wars againft Spain, which was a
Roman Catholick, and not cpme into Ireland to extirpate the Here-
ticks, And this Letter is confirmed by another Letter, which was
feen by Moyer, a Copy of which is produced, which he tranflated
from the Original in Latin, and the Letter was lent to Rome by AW
0 AW, whom the Prifoner fays he had no concern for, but to give
him fome Recommendations.
Flunket. I gave him no Recommendations.
L.C.J. No, he fays he did not give him any, nor fen: any Letter
bv him.
*
Mr. Soli. Gen. Then he urged, that he went along begging by the
way, but 'tis proved he was fent by him, and fent with Letters, and
that by his Brother in Law, who met him at Mants. And 'tis proved
by Moyer, who faw the Letter opened, taking it to be but a common
Letter of Recommendation, he read the Letter and took a Copy of it,
and tranflated that Copy, which Tranflation is enough to verifie all
the matter which the Witnefles have fworn, for 'tis agreeing to what
he faid to Cardinal Bouillon in his other Letter, that it was more pro¬
per for the Catholick Princes to agree together to extirpate Hereflg,
than to vary amongft tjlemfelves, that now was the time / for there
Were threefcore thoufand Men ready to' rife upon fuch an Tnvafion.
This is the fubftance of the Letter, and this proves fully the Conjpi-
racy this man was ingaged in, hisTeceibi'rtoj M<5nj^ his Lifting Men,
and
and his Invitation of Foreign Princes. And this is fully proved.
Mr. Serj. Maynard. And fo his viewing the Ports too.
Mr. Sol. Gen. It was likewife agreed that Car ling ford fhould be the
Port, and'tis like enough to be the Port, for 'tis a very large Port,
that Ships of the greateft Burthen may come up to the Town, and
.the Town it felf but a weak Town. This is the fubftanee of the Evi¬
dence, and this is proof enough, we think, to convidt any man of this
Fadh
Mr. Serj. Jeff. My Lord, I fhall trouble you but with one word
that hath been omitted. I think 'tis a Caule of great Example, and
that thing which the Prifoner feems to make his Excufe hath been
anfwered by a Favor and Indulgence from the Court in a very extra¬
ordinary manner. For, in as much as this Gentleman would make it a
very hard cafe, That he is brought out of his own Country, and hath
not his Witnefles; it is very well known that by a particular Favor of
the Court, which is not ulual in thefe Cafes, he had between five and
fix weeks time for preparation for his Tryal: fo that truly as to what
does appear, I think all the Witnefles that have been examined, are
Witnefles to be credited, except you Gentlemen, of your feives can
convidt upon your own knowledge thefe Perfons of any Mi/demeanor,
which I think you cannot, much lefs of Perjurie. But befides, the
Witnefles we have produced, all which fpeak to the Plot in general,
and four of them fix it upon thePerfon at the Bar; they fpeak parti¬
cularly, and every one agrees in Circumftances, and that other that
fpoke mincingly, I put it upon; it is the greateft Evidence that can be.
For that perlon that could come before a Grand Jury, and there be the
main Witnefs, but when he comes here, muft be fcru'd and pump'd to
difcover the feventy thoufand men. And I fuppofe you did obferve
liow difficult it was to know of him, whether this Perfon was Primate
of Ireland\ or whether it were from the authority of the King or the
Pope, a very probable thing, that he fhould be fucli a one as the King
defigned to be Primate and Superintendent of Ireland. Further, my
Lord, this I defire to take notice of too, that Wyer, the fir ft Witnefs,
fixes four particular things upon thePrifbncr at the Bar, which have
not yet been taken notice of. Firft he fixes a difcourle with another
perfon that was Competitor with him for this very Office, Bifhop
Duffy, and he gives the reafon why he was admitted into the Office
rather than the other, becaufe lie was a man of greater Ability to
carry
' -L 4s -J
carry on the Defign , and though he does not give you an account oi
the Defign; yet the reft of- the Evidence do, and make it to be the
Defign then carrying on: Another thing is, he telk you of the fend
ing one into France , that was to come back again in ord^r to this
Defign, I think his name was Mac Donnel, and then the gteqt Tory
Flemming and he were to come back again Colonels in the A^iy
that was to be raifed. The next perfon, that fixes it upon him, is Mr.
Han 0 Neal, and he gives the plaineft Circumftances , That at a
time in Augufi when Bifliop Tyrrel came to the Houfe of one Bradey
with fo many men well equipped with fuch and fuch Arms, and took
the Oath of Secrefie; he himfelf, but not only he , but the other
Prieft Mac Legh, was prefent at the fame time, and took thefaid Oath,
and he does tell you that that very Prieft wasfent to Dublin to difcover
it at that very time, and fo he hath fixed the Perfon, and Time, and
the Bufinefs they came about. Then Mac Legh comes and tells you the
fame thing in every circumftance ; Ay, but fays the Prifoner 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 difcovered it to
fome Jufticeof the Peace > Why,lays one,I was under your Jurifdiftion
in that place, that is the very reafon be gives wherefore he durft not,
and fays another, I was concerned and as earneft as the Prifoner or a-
ny body elle, but going into France, I obferved the flavery that all the
Subjects were under, under the Tyranny of that King, and apprehend¬
ing that the fame King was to come into Ireland by the means of thefe
Gentlemen; I was concerned at it, and had rather the Devil fhould
reign over us than fuch an one, and therefore I'will difcover
it. And he laid very well I think, that he had rather have the Devil to
reign; for it feems to be him, or one in his fliape that reigns after
that manner. And there are two perfons that fwear to the very year
that they were obliged to raife the mony, and fwear pofitively, they
law his Orders fubpoena fufpenfeonis, I do not know whether they
mean hangtf or lufpended from their Office. But it feems it was lo
terrible that it made them pay twenty Shillings a piece for three
years fucceffively. And there is another Gentleman that tells you,
\yhicW that out of a fmall Living, wherein he was concerned only as Curate
>ghanoF to a third perfon it had been paid two or three-times and another,
)$ce, ft1 though he was exempt himlelf from the payment, yet fo great a Con-
0theP fident was he of the Prifoners at the Bar, that he Was prefent when
pM]1 i G he
isoy— ..
he faw thirty or fourty pay this Tax, and whereas the Prifoner at the
Bar would make it thought a ftrange thing, that he lhould raife fo much
mony, who had bhc a houfe feven foot high, it feems there is above
that thatch'd houfe a Chappel.
Plunked There is no Chappel.
lyfc.Seryjeff. But now, my Lord, that which fubftantially proves
*<hat thefe Witnelles lay, is the Letter that is. lent to* Rome to the
Secretary of the College De propaganda Fide, which is the laft Letter
that the laft Gentleman fpeaks of, wherein he does particularly take
notice, that he had taken care to raife fuch moneys, and view all the
Ports and places of ftrength. And, my Lord, that which is a very
great circumliance to back the Evidence of the firft Letter to the
French Cardinal Bouillon which was taken notice of by the firft Wit-
nels, and there is fuch a pallage in this too, that the Catholick Princes
fhould not fpill one anothers blood, when they might better employ
it here v\ Ireland for the propagation of the Faith; this laft Letter
takes particular notice of that very inftance too, that inltead of draw¬
ing their Swords againll one another, they had better come to pro¬
mote the Catholick Faith in Ireland. Thefe four Witnelles are pun¬
ctual and precifein every particular circumliance of the Cale, and a-
gainlt them there is nothing but the common Objection. If I had
iuch Records, and Witnelles here, I could make my Defence; that is,
if he had thole things that he has not, he might appear to be another
man than he is; but I am fure, as it appears upon the Evidenee that
hath been given by ail the Witnelles, there is a plain proof and a full
proof of every Treafon laid to his Charge.
Blanket. My Lord, I clefire thefe Witnelles may be Called [giving
in a Paper I]
Cryer. David Fitzgerard, Euflace Commines and Paul G or mar.
L. C. J. Who gave him this Paper, he had it not before ?
Stranger. I was told that tljefc were gpod Evidences for Dr. Blan¬
ket, and I gave him the Names.
L. C. J. Where are they?
Stranger. Thpy are hard by.
Mr. At t. Gen. W her pis Eujlace Commines, for he was one that gave
in Evidence aganift-ahe-prifoner.
[Then Paul Gormar appearedI]
jf C. 7. What would you ask him >
Blanket..
#
51]
Plunket. I defirc to know of him, whether Mr, Meyer did allure
and intice him to fwear againft me ? • ii
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 m difcowf^ anc}
he faid if there was'Law to be had in Ireland, he would ihew Mr.riHn„
ket his lhare in it.
L. C. J. Well, what of that ?
Gormar. My Lord, I did come out of Ireland to reveal what Plots
the Irijh had againft the King, and as for this Mr. Plunket, as I have a
Soul to fave, I never hear j oi any mifdemeanor of him.
Mr.JufV.Dolben. How came you here to day ?
Gormar. I was fummoned.
Mr, Juft Dolb. By whom? Was it the Attorney General or Plunket
that fummoned you l . c ^ -
Gormar. Here is the Summons.
Mr, Setj.y^. ft'i$ .a common SuhF&pa.
Plunket. I never fent for him.
Gormar. It was not againft -you-/they* know I had nothing againft
you, I thought you did more-good in Ireland than hurt, ib I declare
it. -:0 .vr.,v •
L. C. J. Have you any moire Witriefiesh ii Fitz Gerard or Cmmnes
will come, we will hear them.
Plunket. My Lord, I have not any more Witnefles.
X. C % Look youv.Geutlemen of the Jury, 1 his Gentkmahfhere,
Mr. Plunket is indicled of High-Treafon, and 'tis dor Conlpiring
the King's Death, and endeavouring to bring the French Army into
Ireland {or to Invade that Kingdom, and to plant the Romifh Religion
in thar Kingdom*i You have had Evidence againft Ihm that hath been
r. AnWisfe tilings do feem to- he Ydfy plain by-the
Witneftes,r a ha^ he himftft hath j^en aiOormniiffim' pnmGcant, or
what 'ycu will pieafQto <|all it, from the Pope to. be Primate of Ireland,
that he hath taken ispbnhim to make. Laws aSythe Provincial and
that he iiath linderiaken .andtpndeaMQjtfeiiib-Lotdc- die PopSfti 'Religi¬
on in that Kingdom, and in order to that, he hath invited the Aid of
the Limeh hmty'l andilthat hedbjtfi for the.better Landing of them,
looked out what pkce^iver'e mot! convpuent lor them ; That he hath
&t A. 3fax .Up^ivCl^e^iqc^/'Within»h>$ FtoiYimtc for. the facilitating of
nood G z — all
mi
all this, and lor the making preparations for the entertainment of this
Army. This the Wimeiles teftific again ft him, and that there were
fome Towns, a * Dungannon and another Town, that were to be be¬
trayed to thsFrench. Now you muft confider concerning thefe Witnef-
fes: If ypd believe the Evidence that hath been given, and which hath
b^en repeated by the Kings^Counfel, and if you believe that he did
-itfign to bring in a French Army, to eftablilh the Roman Religion
there again, and that he took upon him to raife mony .for that pur-
pole, furvey'd the Ports, and made fiich provifions, as the Witnefles
fpeak of, and was in that Confpiracy; you muff find him Guilty, I
leave it to you, it is a pretty ftroiig Evidence, he does not lay any thing
to it, but that his Witnefles are not come over.
Plunket. I can fay nothing to it, but give my own protection,
that there is not one word of this faid againft me is true, but all plain
Romance, I never had any communication with any French Minifter,
Cardinal, nor other.
Then the Jury withdrew for a quarter of an hour, and being returned gave
this Verdi ft.
Cl. of Cr. Oliver P lunket, hold up thy hand. How fay you; is he
Guilty of the HigLTrealbn whereof he Hands Indifted, ot not Guilty ?
Foreman. Guilty.
Plunket. T)eo Gratia.' God be thanked. > . v Pj
Then the Verdid was Recorded, and the Court rofe. And the Keeper
ivent away with his Prijoner. •
On Wednesday aiy. Junirx 62 r, Oliver- Plunketwas brought to the
Bar to receeive his Judgment.
Mr. Att. Gen. My Lord, I pray your judgment againft the Prifbner
Oliver Plunket.
i CL of Cr. Oliver P lunket, hold up thy Hand; Thou haft been In-
difted 'of High-Trealbn,. thou haft been thereupon Arraigned, thou
haft thereunto pleaded not Guilty, and for thy Trial haft put thy felf
upon God and the Country, which Country hath found thee Guilty,
what haft thou to fay for thy felf, why Judgment of Death lhouldnot
pals upon thee, and Execution be thereupon awarded according to the
Lawi/. ' .,n/t v - . .r . Uni •5
Plunket. My Lord, may it pleafe your Lordlhip, I have fomething
to lay, which if your Lordlhip will confider ferioufly, may occafion
the Courts Commiferation and Mercy. I have, my Lord, for this Fa£t
O been
En]
been Arraigned in Ireland, and brought to my Trial there; At the
day of my Trial all the Witnefies voluntarily abfented themfelves,
feeing I had Records and Witfnefles to convince them evidently and
fhew what men they were, and the prepenfed Malice that they did
bear to rfie, andfo finding that I could clear myfelf evidently, they
abfented themfelves on the day of my Tryal no Chriftian appeared,
but hither over they come, and procure that I fhould be brought hi¬
ther, where I could not have a Jury that knew the Qualities of my
Adverlaries, or who knew me, or the circumftances of the Places,
Times, andPerfons; the Juries here as I fay were altogether ftran-
gers to thefe Affairs,and fb, my Lord, they could not know many things
that conduce to a fair Tryal, and it was morally impoffible they fhould
know it. I have been accufed principally and chiefly for furveying
the Ports, for fixing upon Carlingford for the Landing of the French,
for the having of feventy thoufandMen ready to join with the French,
for collecting Mony for the Agents in this matter, for the affiiting of
the French and this great Utopian Army. A Jtiry in Ireland con¬
fiding of men that lived in that Country, or any man in the World
that hath but feen Ireland in a Map, would eafily fee there was no pro¬
bability that that fhould be a place fit for the French to land in, though
he never Was in Ireland\ yet by the Map, he would fee they mpft come
between the narrow Seas all along to Vljler, and the Rocks, and fiich
places Would make it very dangerous; and by their own confeflion
it was a poor Town, and of no ftrength, a very fmall Garrifon, which
had not been fb, if it had. been a place of any confideration. 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 Archbiihop of
Canterbury hath of all England; yet the Arch Bifhop of York will not
permit him to meddle with his Province; and 'tis well known by the
Gentry there, and thofe that are accuftomed to the place; That in
all*the Province of Vlffer, take Men, Women and Children of the
Roman Catholicks, they could not make up feventy Thoufand. This,
a Jury there, my Lord, had known very well, and therefore the Laws
of England, which are very favourable to the Prifoner, have provi¬
ded that there fhould be a Jury of the place where the Fa<R was com¬
mitted, as Sir Thomas Gafcoine, as I have heard, had a Torkjhire Jury,
though he was tryed at London. And then after my coming here, Iwas
kept dole Prifoner for fix Months, not any Chriftian was permitted
to
"* **T—fr
lS4l
to (Come at me, nor did I know any thing, how things flood in the
World. I was brought here the third of May, to be arraigned, and
I did petition your Lordfhip to have fome time for my Tryal, and I
would have had it put off* till Michaelmafs, but your Lordiliips did
not think fit to grant fo long, but only till the eighth of this month,
when my Witneftes who were ready at the Sea fide, would not come
over without Pafles, and I could not get over the Records without
an Order from hence ; which Records would have fhewn that fome
of the Witnefles were indifted and found guilty of high Crimes,fome
were imprifoned for Robberies, and fome of the Witnefles were infa¬
mous people, fo I petitioned the eighth of this month, that I might
have time but for twelve days mere, but your Lordfhip thought
when the motion was made, that it was only to put off the Trial,
and now my Witnefles are come to Coventry yefterday morning, and
they will be here in a few days, and fo for want of time to defend my
felf in, I was expofed to my Adverfaries, who were fome of my own
Clergy, whom for their debauched Lives, I have corrected, as it is well
known there. I will not deny my felf, but that as long as there was
any Toleration and Connivance, I did execute the Fun&ion of a
Bifhop, and that by the fecond o{Elizabeth is only a Premunire, and
no Treafon. So that, my Lord, I was expofed defenceless to my Ene¬
mies, whereas now my Witnefles are come, that could make all ap¬
pear. I did beg for twelve days time, whereby you might have feen
as plain as the Sun, what thole Witnefles are that began the Story,
and fay thefe things againfl me. And, my Lord, for thofe Depofiti-
ons of the feventy thoufand Men, and the Monies that are colleffed
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 Pricft in all Ireland, that hath certainly or
uncertainly above threefcore pounds a year, and that I fhould collect
of them forty Shillings a piece, for the railing 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 meer Romance. If
they had accufed me of a Praemunire for the exercife of my Epifcopal
Function, perhaps, they had laid fomething that might have been be¬
lieved, 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 Treafo# they have
fwore againfl me, 110 more than the Child that was born, but yefter¬
day.
\
y
day. I have an Atteftation under my Lord of EJfetfs hand concern¬
ing my good Behaviour in Ireland, and not only from him, but from
my Lord Berkley, who was alfo Governour there, which the Kings At¬
torney faw; But here I was brought, here I was tried, and having
not time to bring my Witneftes, I could not prove my Innocency, as
otherwife I might. So that, if there be any Cafe in the World that
deferves Compaffion, furely my Cafe does; and 'tis fuch a rare Cafe,
as I believe you will not find two of them in print, that one arraign¬
ed in Ireland, Ihould be tried here afterwards for the fame Fa ft. My
Lord, if there be any thing in the World that deferves pity, this does,
for I can fay, as I hope for mercy, I was never guilty of any one point
they have fwore againft me, and if my Petition for time had been
granted, I could have fhewn how all was prepenfe Malice againft me,
and have produced all Circumftances that could make out the Inno¬
cency of a perfon. But not having had time, and being tried, I am
at your mercy.
L. C. J. Well, you have nothing further to fay in Bar of Judgment,
you have faid all you can ?
Plunk. I have nothing further to fay, but what I have faid.
Then Proclamation was made for filence, while Judgement was pajftng
upon the Prifoner.
L.C.J. Look you, Mr. Plunket, You have been here indifted of
a very great and hainous Crime, the greateft and mod hainous of all
Crimes, and that is, High Treafon; and truly yours is a Treafon of
the higl>eft nature, 'tis a Treafon in truth againft God an your King,
and the Country where you lived. You have done as much as you
could to diflionour God in this cafe ; for the bottom of your Treafon
was, the feting up your falfe Religion, than which, there is not any
thing more difpleafing to God, or more pernicious to mankind in the
World: a Religion that is ten times worfe than all the Heathenifh Su-
perftitions,the moft difhonourable and derogatory to God and his Glo¬
ry of all Religions or pretended Religions whatfoever; for it under¬
takes to difpenle with Gods Laws, and to pardon the breach of then?.
So that certainly a greater Crime there cannot be committed againft
God, than for a man to endeavour the Propagation of that Religion;
but you, to effeft this, have defigned the Death of your lawful Prince
and King. And then your defign of Blood in the Kingdom where your
liyed, to fet all together by the ears, to deftroy poor innocent people,
to
I 5*1 —
to proftitute 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 defigned by any man ? I mention
thefe things, becaufe they have all been fully proved againft you ;
and that you may take notice, and repent of them, and make your
peace with God, by a particular Application for Mercy for all thele
Faults: For it feems to me, that againft God, your Prince, and fellow
Subje&s, you have behaved your felf very ill, defigning very great
evil to all thefe; and now it hath pleafed God to bring you to Judg¬
ment.
I muft tell you, peradventure what you urge for your felf might in¬
troduce pity, if it were to be believed, that is, that you are innocent,
and had Witneftes to prove it, but we cannot luppofeany man inno¬
cent, that hath had a legal and a fair Trial, and a Trial with as much
candor to you, as your Cafe could bear, or as perhaps any man in
fuch a Cafe ever had. You had time upon your Requeft to fend for
your Witneftes , 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 your felf thought it fo, at the time it was
given. To give a Priloner under your circumftances five or fix weeks
time to fend for Witneftes, is not ufual, we could have put you upon
a prefent Defence, and hurried you out of the World by a fuddain
Trial, if we had had any Defign againft you; but we go on in a fair
way, and with legal Proceedings, and with as much Refpeft to you,
as in fuch a Cafe could be ufed, for we gave you all the fair Hearing
and Liberty that you defired to have.
Look you, as to what you urge, that your Trial was in this King¬
dom, whereas your Offence was in another,that is a thing that does not
become you by any means to objeft ; for you have had a Trial here
by honeft perfons , and that according to the Laws which obtain in
this Kingdom , and that too of Ireland, which is by a Statute not
made on purpofe to bring you into a Snare, but an ancient Statute, and
not without Prefidents of its having been put in execution before your
time. For your own Country will afford you feveral Prefidents in
this Cafe, as 0 Rurke, and feveral others that have been arraigned and
condemned for Treafon done there. So that you have no reafon to
except againft the Legality of your Trial. You fay, now you have
Witneftes that could prove all this Matter, why that lies in the
mouth
mouth of any man that is condemned to fay • but pray confider with
your felf, what Regard ought to be given to this. We. cannot help
it, jf your Witnefles don't come, you may remember they wanted not
Tirpe nor Opportunity to come over, but you told us they would not
come unleS they had a Pafsport.
plunket, My ford, they got a Pafs to come over afterwards, and
fo in eight days they came hither.
Lord Chief Juftice. You might have provided your felf, if they
wanted fuch a thing. In the firfl place , no body is bound to
gye it them ; . much lefs could you expert it for'them without
asking.
Plunkett. I could not get the Copies of the Records neither
by any means, unlefs I had an Order from the Council, and
■they would not give that Order , unlefs your Lordfhip appoint¬
ed it.
L. C. J. We cannot tell that, you fhould have petitioned in
time.
Plunkett. How .could any one forefee, unlefs he was God Al-
mighty, 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 impoflible for me to have them ready
againfl my Trial
* L.C. J. Look you Sir, I do Ipeak this to you, to fhew you that
thofe Objections, which you feern to make againfl your Trial, have
no weight at all, but in this Cafe it is not the Jury that are fo ma¬
terial as-the Witnefies themfelves. I appeal to all that heard your
Trial, if they could fo much as doubt but that you were Guilty of
what you were charged with. For confider here were perfons that
were of your own Religion, the moll of them Prielts, I think almolt
all of them in Orders.
Plunkett. There were two Friars and a Priefl, whom I endea¬
voured to corredl this feven Years, and they were Renegadocs from
our Religion, and declared Apoftates.
C- J- Look you Sir, they gave an Evidence very home to your
H mat-
matter; you had liberty to examine them, and they gave you a ra¬
tional Accompt of any thing you ask'd. Let me but put you in Hhnd
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 lie
went into France, and faw what a Slavery and Mifchief you endea¬
voured to introduce upon his and your own Countrymen, and this
his Spirit rofe againft, to fee what a condition Ireland was like to be
brought into. And pray, did not he give you a full Anfwer to that
Queftion ?
Plunkett. I had fufficient Witnefles to prove he was an Apoftate,
and was chaftiled by me, and therefore had prepenfed Malice againft
me.
Lord Chief JuJlice. Therefore I have fpoken this to the Satis¬
faction , I hope, of your felf, and all that hear it. I do now wifh
you to confider, you are near your end. It fecms you have liv¬
ed in a falfe Religion hitherto; it is not too late at any time to
repent, I wilh you may have the Grace to do io; In the mean
time there is no room for us here, to grant you any kind of Mercy,
though, Kg tell you, we are inclined to pity all Malefactors: Who
ever have done evil, we are inclined to pity them, and wilh heartily
that they may repent, as we do, that you may of what you have done.
But all we can do now, is, to fay what the Law fays, and that is to
pals Judgment upon you.
Tlmkett. May it pleafe your Lordfhip to give me leave to fpeak
one word. If I were a man that had no care of my Confcience in this
matter, and did not think of God Almighty, or Confcience, or
Heaven, or Hell, I might have faved my Life; For I was offered
it by divers people here, lb I would but confels my own Guilt,
and accufe others. But, my Lord, I had rather die ten thonfand
deaths, than wrongfully accufe any body. And the time will come
when your Lordlhip will fee whatthefe Witnefles are, that have come
in againft, me. I do allure your Lordlhip, if I were a man that had
not good Principles, I might eafily have faved my own Life; but I
iiad "rather die ten thoufand deaths, than wrongfully to take away
one farthing of any mans Goods,one day of his Liberty, or one minute
of his Life.
L.C.%
L.C.J. I am lorry to'fee you perfift itt'the Priflaplps of^that
Religion. 5
Plunket. They are thofe Principlesthat even God Almighty can¬
not difpence Withal. : '
' —" - - • - • ' ------ . - t 1 - if
tliat
liavecoE
attetf
[kM
one!®1
if.)
And therefore you muft go froin hence, to the place from
whence you came ,that is to Newgate, and from, thence
you shall be draw)} .jthroughthe. .London to Ty-
burne ; there you shall be hanged by the Neck, but cut
down before you are dead-, your 'Bowels shall be taken
and burnt before your Face, your Head shall be cut off, and
your Body be divided into Four Quarters, to be of
as his Majefy pleafesi• ^ And 1 pray God to haVe M~ercy
upon your Soul.
Plunket. My Lord, I hope I may have this favour, of leave for a
Servant and lbme 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 lbme Friends that I have in Town.
L.C.J. But I would advife you to have, fonys Minifler to come to
you, feme Protefhmt Miriifter. ' '
Plunket. My Lord, if you pleafe, there.are feme in Prifon, that
never were Indifred, or Accufcd of any Crime, and they , wjli do my
bufinels very-well,- for rhey -wiil do ir according'to theliites'of our
own Church, which is the antieut Ulage, they cannot do better,' and
I would not alter it now.
L. C. J. Mr. Richardfon, you may let his Servant come to him, and
any Friend in your prefcnee, to fee there be no Evil done, nor any
Contrivances that may hereafter have an Influence upon Affairs.
Mr. Juft. Jones. Be you prefent, or feme body.
Plunket. My Servant I hope may come, without Iris being prefent.
L.C.J.
C«o 3
EC.J. Yes, yes,. hisServanr may be with kirn alone. Well,, Sir,
we wilh better to you, than you do To your felf
Plunket.. God Almighty blefs your Lordihip. And now, my Lord,
as I am a dead Man to tnis World, and as I hope for Mercy in the
other World, I was never gijjlty of any of the Treafons laid, to my
Charge, as you will hear in "time; aoa my Charatter you rrtayire
ceive from my Lord Chancellor of Ireland, my Lord Berkley, my
Lord Eflex, and the Duke of Ormond ' •_ j
Then the Keeper took away bis Prij and upon Friday the Firfl
July, he wasiExecuted accord/no to the Sentence. -
V.v; \rv, i. V v'.' v, t .\--V, ■ • .j
■ • \ V. U .. • . — <vt " "i '"' b
.. i.v3 --viA vi - tu a'l'UC. .... , «. • *'j
. "Ao \We.-'iVi Y-wy A \
V; v..-' Y'' . .rrA v.vo. u-.;. V.'-' .
ADVERTISEMENT.
Some Paffages of the Life and Death of Jo£» Earl of
^pchejler, who died the 26. of J 1680. By
Gilbert Burnet,D. D. Are to be fold by
Dob/on Bookfcller on Cork-Hill, 1681.
FINIS.
o?
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