And it will be as evident from circumstances, that there was no more force put upon Fitzbarris's mind by the sheriffs, to procure his confession, than was upon his body.

The sheriffs jointly (as is said before) never discoursed him, and neither of them took any confession upon oath from him, or pretended to any power so to examine him, nor had it in their power to reward or punish him. Whatsoever this mock confession saith, Fitzharris could not think the sherif a refuge to save his life, whom he knew not to have power to save a hair of his head.

There is another invention in this sham confession as false and as ridiculous as any of the former, never dreamt of by the sheriffs, nor perhaps by any body else, save the inventors of it, till that vile paper caine forth, viz. That the sheriffs brought instruction from the Lords and Commons (as they said) who met that day in order to address to the king in his behalf, if he should confirm the instructions: which must be intended surely, if he should swear as they would have him, that is, as the mock confession explains it, to the heads, which the examination taken by sir Robert Clayton and sir George Treby contains; and a great deal more relating to the queen, his royal highness, and the carl of Danby; declaring French pensioners, lords Halifax, Hyde, Clarendon, Feversham, Seymor and others; the burning the Fleet, Forts and Government in Popish hands, Meal-Tub Plot, Apprentices Plot, and these and many other heads Fitzharris is made to say, were brought him by the sherifis.

Surely this was contrived to persuade the credulous papists in foreign countries, that the Lords and Commons were then sitting in parliament; and that the sheriff's consulted and confederated with them to suborn Fitzharris to be a witness of the popish plots and practices, which they had declared to the world; or at least that some Lords and Commons were privy and parties to the subornation of Fitzharris by the sheriffs, to swear as they should instruct him; and that those Lords and Commoners intended to use their interest with his majesty for his pardon, to make him, though false, their legal witness.

Bu as in truth there was no parliament sitting whilst Fitzharris was in the sheriff's custody, nor in ten days after, and the place of their sitting is well known was to be at Oxford, and not at London; so there were no instructions for him to confirm, or swear to, either from Lords or Commoners, none of the heads mentioned, nor any others brought to him by the sheriffs, or either of them; no address for his pardon imagined, or thought of by either Lords or Commons, nor mentioned by the sheriffs or either of them; no meeting for any such intent, no discourse between the sheriffs and any man or men under the sun, about such an address; every circumstance of this bellish tale coming out of the forge of the father of lies.

Yet it may be this was thought an hopeful

invention to take off from the credit of all the evidence given in courts of justice, concerning all the popish designs enumerated under those heads and instructions; and indeed it seems to be a crafty way, to throw dirt at all those solemn declarations made in parliament concerning the abettors of those popish and French designs, and the adherents to them, by whose countenance all their plots have been managed, that have so endangered the king and kingdom.

And though this false poisonous tongue seems to spit its venom directly at the sheriffs, yet it endeavours to do the greatest mischief to the king and the parliament, and to defame to the whole world all the late proceedings of parliaments against the popish plotters, and their favourers.

The mock confession goes on further to defame (if his tongue be a slander) sir Robert Clayton, and sir George Treby, justices of the peace for the city, darkly insinuating that they would have induced him to say more than was true, and plainly saying that what he deposed before them concerning Father Patrick, was forced out of him, and was not true; and he so represents sir George Treby's carriage in taking his whole examination, that he would have the whole thought to be of no validity.

But doubtless Mr. Fitzharris did not, nor could he possibly have believed himself, if he consented to have it written, that sir Robert Clayton, and sir George Treby dealt unfairly with him, or forced out of him either what he swore concerning Father Patrick, or any thing else of his confession.

He knew very well that they came to take his confession, not officiously, but upon his own, earnest reiterated intreaty, at several times, to each of the sheriffs apart, that some justices of the peace might be sent to him, to whom he might make a full discovery of matters not before discovered in the Grand Popish Plot, (as he called it.) He knew also that they came not till Thursday in the afternoon, the 10th of March, and that he had been thrice examined by the secretaries of state, lord Conway, sir L. Jenkins, and the Attorney General, before sir Robert Clayton, and sir George Treby, ever saw him; and he was conscious to himself, that he had first sworn before the secretaries all that he would now retract concerning Father Patrick, as forced out of him by sir Robert Clayton, and sir George Treby, and the other matters also in substance, that are contained in his printed examination, by sir Robert Clayton, and sir George Treby, except that one passage in it about De Puy; and the whole House of Commons at Oxford are witnesses herein, That when sir George Treby read Fitzharris's Exami nation to the House, Mr. Secretary Jenkins declared, That he had before confessed the same in substance to the lord Conway, the Attorney General, and himself, except that about De Puy. Yet for what reason we know not, the contrivers of this sham retractation, or declaration, took no care to retract or excuse his swearing the same matters before the secretaries of state,

Perhaps, because those examinations were never printed, and scarce any foreigner, tior many Englishmuuen did know that Fitzharris had thrice sworn to the same confession in substance before the secretaries of state, which he did the fourth time before sir Robert Clayton. and sir George Treby.

Besides, it best answered the design of this sham confession, to conceal the first Examinations as much as could be, and to represent it to the world, as if sir Robert Clayton, and sir George Treby, had forced out of him the confession of all those popish treasons mentioned in his printed examination, as it was reported to the parliament. There is a trial of skill also for the same purpose in this mock confession to wrest some of sir Robert Clayton's, and sir George Treby's words from their honest sense wherein they were spoken, and to separate them from their other words, properly joined with them (as the devil used the Scripture) that they might seem to imply a wicked intent, to draw Fitzharris to say what was not true.

When it was late in the night, and Fitzharris complained he was tired, having been about three hours upon examination, and was asked what he could say concerning Godfrey's murder; and he answered in general only (something.) Could any thing be replied more harm lessly by sir Robert Clayton, than to wish him to recollect himself against the next day, when it was intended to examine him further, if he had not been removed out of their power? Yet even these words of sir Robert Clayton's are recited, as if they implied some ill practice by him upon the examinant, or at least some sinister intent of his in that matter.

out from the consult, and the account he then had from De Puy, of the resolutions taken for that murder.

And this was in the term, after that the parliament at Oxford was dissolved, and above six weeks after his most close imprisonment in the Tower, where the city-sheriffs, or magistrates, or any from them, were never admitted to see him. Indeed the counterfeit confession (to avoid a plain conviction of its falshood) durst not say by whom Fitzharris was put upon saying that he did, of the queen and earl of Danby about Godfrey's murder.

ly

But as the matters are connected, it is strongimplied to have been by the city-magistrates, none other being named or referred unto. And to persuade the world, that the vilest wickedness may justly be believed of them (viz.) the city-officers, the impudence of hell is assumed to bring in sir George Treby, desiring or willing him to accuse the earl of Danby and the Popish Lords in the Tower, thus speaking (as if the worst of devils had spoke in him) do but you say it, we have those that will swear it. If such as know not sir George Treby can believe him to be so vile a wretch, as he is rendered, and could also think sir Robert Clayton could have been guilty of the same wickedness in consenting to it, or silently conniving at it, to which a thousand worlds could not have bired him yet when they shall hear of sir George Treby's profession of the law, his reputation and place, surely it is impossible for them to believe him to have been so exceeding silly, as to discover to an Irish Papist, whom he had never seen before, such a strange mystery and secret of darkness amongst the ProThe sham confession further craftily insi-testants, and city-magistrates, viz. That they Buates (though it doth not expressly say it), that this wretched man's depositions about the counsels held at St. James's and Windsor concerning Godfrey's murder, were taken by sir If they had been so provided with false witRobert Clayton, and sir George Treby (which nesses against the duke and the Popish Lords, is utterly false); then the confession declares as this counterfeit confession suggests, and if that he was put upon what he said against the there had been a wicked design against them, queen and the earl of Danby about that mur- there was no need of Fitzharris his saying any der; and that sir George Treby would have thing about them; no body can think that he had him say that the duke, the lord Bellasis, was better able than sir George Treby to inArundel and Powis, were at the consult, and struct a false witness against them, especially that he had seen them go to it at St. James's. when the sham-confession represents him first Surely these sham confessions are thus metho- instructing Fitzharris, what he should say dized and put together, in hope to abuse or de-against the duke and Lords, that then the sons ceive the world into a belief, or opinion, that of Belial might come froin their lurking-places, whatsoever this Fitzharris deposed first, and and swear to his words. last, about the popish plot, and Godfrey's murder was done by the practices, force and inducements of the city sheriffs and the justices of the peace.

Whereas it is most notoriously known, that it was upon Fitzharris's own motion to the judges of the King's-bench, that his depositions were taken before that court, about Godfrey's murder, and that then, and not before, he discovered the councils held at St. James's and Windsor about Godfrey's murder and the persons concerned and present therein; and the words he heard from the earl of Danby coming

had a pack of knights of the post, godless perjurous wretches, in readiness to swear whatsoever they would have them.

Surely it had been the wiser, the safer, and the shorter way for sir George Treby, to have given his swearers (if there had been such) their lessons immediately, without desiring Fitzharris (as is vainly suggested) first to say it over after him, that then the witnesses might swear it.

Neither the false suggestions nor the perjuries could have gained any weight or credit from the authority of Fitzharris, by his saying what they were to swear.

In fine, they must desire to be cozened, that seem to believe so black, so vain, so

will but

unlikely, and so foolish a slander of sir Robert Clayton and sir George Treby, only upon Dr. Hawkins's saying, (if he hath said true) that he had the words of Fitzharris for it; who hath convicted himself of forty perjuries, if the pretended confession to Dr. Hawkins had been bona fide made by him.

But this pretended confession having loaded with infamy the sheriffs and justices of peace employed in Fitzharris's examination, takes wonderful care with all the art and skill the contrivers had, that the earl of Danby might be wiped clean from Godfrey's murder, for which he was indicted by the occasion of Fitzharris's

oath.

For that purpose the words of this confession are so framed, that the world may think, that the sheriffs or justices of the city, were the practisers with him in that deposition, the paper saying, "They were the more desirous to accuse the lord Danby of Godfrey's murder, because the crime of murder is not inserted in his pardon."

The word "they" will be understood to relate to sir Robert Clayton and sir George Treby, who only were mentioned before, or the sheriffs, though Fitzharris was never examined about the lord Danby by any of them, nor had any of them ever heard the least of the matters sworn by him against the lord Danby, about that murder, until they were public at the King's-bench-bar, which was six weeks after Fitzharris's removal from the sheriffs custody to be close prisoner in the Tower.

And if he knew before his oath against the lord Danby, that murder was not in his pardon (which we do not believe) he was better informed than sir Rob. Clayton or the sheriffs, and the most men of England. But it seems strange that this mock-confession did not, for the help of this Popish Plot, absolutely retract the whole evidence given by Fitzharris at the King'sbench court; whereas those parts of it are now left as true, that deposed the councils held at St. James's and Windsor, and that the lord Danby coming out of one of them, breathed out the threatening words (as Fitzharris remembers) and that De Puy, that was then in hearing of the council, presently told him, that Godfrey's murder was then resolved upon, &c. but a fine, thin excuse is invented since his oath that he believes De Puy spoke out of ill-will to the lord Danby. Yet nothing is said to shew, how he now comes so to believe, more than when he was sworn in the court to speak the whole truth, and nothing but the truth.

sion of a dying man should be cried up by the papists, at home and in foreign countries, as a ground to have it so believed.

We have reason to fear, that the sufferings of the Protestants beyond the seas, are upon this occasion already encreased, our English papists there daily decrying the popish Plot, and catching at occasions to scandalize all Protestants in authority that oppose them, and to stir up enmity and rage thereby against the oppressed Protestants.

We must acknowledge that we were surprived with astonishment, when we first saw this mock-confession of Fitzharris published; and the more, that it should be done by a Doctor of the English church, either Fr. Hawkins, or Hawkesworth, (which name he will own, we cannot yet learn) but that a Doctor of our church should, upon pretence of his private conference with a papist, attainted of treason, publish in print to the whole world for truth, that two justices of the peace, and two ministers of justice, high-sheriffs of the city of London, have combined with certain Lords and Commons of the Parliament, in a horrid conspiracy against the queen, duke of York, and many privycounsellors, and in wicked practices against the papistst, and endeavoured to prevail with Fitzharris to perjure himself, by forming a plausible story to confirm the popish Plot.

We say again, That a Doctor of our church should cause to be sent into all kingdoms and countries such black scandals of so many persons of quality and authority in our kingdom, to render them (as much as in himis) more infamous and odious, than words can express; at this we were struck with horror; and so much the more, when we consider, that the doctor was not ignorant, that these pretended words or confessions of Fitzharris, were contrary to his most solemn oaths, sworn before the king's ministers, as well as before those justices; and that all the Commons of England in parliament, had by order caused what he had so sworn to be published: And the doctor could not be ignorant, that the whole scope of that mock confession, was to throw the odium of a plot against the king's person upon some Protestants, and to discredit and prevent the prosecution of the popish Plot.

The doctor also might with very little pains have satisfied himself by undoubted evidence of the falshood of several of the matters of fact in the confession; and surely his function as a divine, his duty as a neighbour, and much more as a christian, required that he should in We hope we have said enough to convince some kind have heard, at least, some of the every impartial reader, of the impiety, fraud, parties accused, in their own behalf, (to whom and mockery of the pretended confession; yet he might have had easy access) before he had we should not have taken this trouble, if we proclaimed them to the world, to be guilty of could have suffered with patience, that all the such infamous crimes: He cannot excuse himpopish treasons and wickednesses lately dico- self for want of time, this mock confession was vered, against our religion, the king and king- taking and forming, as we can prove, a week at dom, should be represented to the world, as least before Fitzharris's death: And we have the devices and practices of the Protestants, reason to think, that the miserable deluded man their officers and magistrates against the pa- understood many things in it, as they were pist, and that a seeming conscientious confes-modelled, as little as he did the doctrine of the

four general councils, which he owned for his faith, whosoever put it upon him.

|

Dr. Hawkins, or Hawksworth, knew that Fitzharris never intended it should pass for a true But the doctor took care that none of the and real confession, if he died for the treason. parties accused might see the arrows intended And perhaps for that reason there was no one to wound them, till their good names should person of quality or authority about the Tower, feel them, and therefore kept his confession in or any other of eminency and integrity called secret until the poor wretch was dead and cold, in all the days of its contrivance, before whom that would perhaps have shewed the fraud with Fitzharris might own any article of the confeshis last breath, if he had been absolutely cer- sion, though doubtless if there had been only tain that it was to be his last; but that the doc-fair dealing, the doctor must needs have detor assured him of the contrary even very near sired it for his own safety and credit, nor is it his last hours, in due time will be proved. accountable why it was done; it may be also those two obscure men, and the woman, whose names are set to the printed paper as witnesses, knew no more what the confession and declaration was, which Fitzharris protested to them he had made to Dr. Hawkins freely, than the sheriffs knew what the further discovery was of the popish plot, which he also told them with his dying breath, he had left with Dr. Hawkins, no shadow of any such discovery having yet been produced by him; but on the contrary this odious sham confession to perswade the world, that the noise of popish Plots hath been from the wicked practices of some Protestants.

The sheriff's at the gallows remembered Fitzherris of his promise made to each of them in Newgate, "That if they did put him to death, before he could discover to the parliament what was yet undiscovered of the Popish Plot, which he said he reserved for them, he would leave it behind him in writing." He answered them, That he had left it with Dr. Hawkins.

The sheriffs demanded of the doctor that it might be read to the people, whilst the man was living to own it; but the doctor only refused it, not the man, (how he was awed we know not), then the sheriffs demanded a copy of it from the doctor as their due, as what belonged to Fitzharris; but after some shuffling answers that he had it not about him, and that a great man had it, he promised them a copy; but either he thought he was not bound by his promise, or else he made no conscience of breaking the bond.

We doubt not but time will bring to light the whole contrivance of obtruding upon the world this mock-confession, and make it appear that

We have only left to pray, That the God of truth may bring to light all the hidden works of darkness, that no wicked device formed against the Protestant religion, his majesty and the kingdom, may ever prosper; and let every good man say, Amen.

Here followed the Paper printed in the text, at p. 396.

Remarks on FITZHARRIS'S Trial, by Sir JOHN HAWLES, Solicitor General to King William the Third.

Sir John Hawles, who was Solicitor General | Ship-Money, and other taxes in the nation, but to King William the Third, published, more especially Ship-Money; which at first "REMARKS on the Trials of Epw. FITZ- increased, according as it was found the nation was light and easy, but in progress of time was 66 HARRIS, STEPHEN COLLEDGE, Count Cowould bear it. And at length it was feared, as NINGSMARK, the Lord RUSSEL, Colonel “SIDNEY, HENRY CORNISH, and CHARLES become as burthensome as what is now imposed there was just reason so to do, that it would "BATEMAN; as also on the Earl of Shafts"bury's Grand Jury, Wilmer's Homine on the French nation by the French king; and "Replegiando, and the Award of Execu- yet, when the war broke out, if the history of "tion against Sir Thomas Armstrong:"times, are to be believed, the majority of the nathose times, or the persons who lived about those with the following Introduction:

THE strange Revolution which hath of late happened in our nation, naturally leads one into the consideration of the causes of it. The danger of subverting the established religion, and invading property, alone could not be the causes. For if it be true, that the same causes have generally the same effect; it is plain, that in the reign of a precedent monarch, the subversion of the established religion was as much designed, or at least was believed to be so, as of late; and it is not material whether what was suspected was true, or not; and property was as much invaded as of late, by imposing

tion took part with the king. There were therefore some other reasons for the disaffection of the nation to the late government, and they may be ranked under these six heads:

Exorbitant Fines; cruel and illegal Prose. cutions; outrageous Damages; seizing the Charters; dispensing with the Test and Penal Laws; and undue Prosecutions in criminal, but more especially in capital matters.

For the First, I shall only observe, that when the House of Commons, in the parliament 1680, took that matter into consideration, and intended to impeach several persons for the same, the highest Fine, at that time complained

my lord Russel and colonel Sidney might have worn their heads on their shoulders to this day:

of, was but 1,000!. and yet in few years they were heightened to 10,000l. 20,000l. 30,000l. and 40,000l.

For the Second, the punishment of Oates, Dangerfield, and Mr. Johnson; and the close imprisonment of Mr. Hampden, sir Samuel Barnardiston, and of several other persons, as they were against the law, so they were without precedent.

For the Third, though the Damages given to Bolsworth were the first outrageous damages given, which were taken notice of, and in truth were such; yet in little time damages for matters of like kind were quickly improved to 10,000!. 20,000l. 40,000l. nay 100,000l. the truth of which a great many living witnesses, to their sorrow, can testify.

All will agree, that there was a great struggle between the Whigs and Tories, as they were then called; for hanging or saving that man: Both agreed he deserved to be hang. ed; the first thought it their advantage to save him if he would confess, the last thought it was fit to hang him for fear he would confess. And to explain the matter, it is fit to go a little higher: It cannot but be remembered, that before the breaking out of the popish plot, Mr.Claypole was imprisoned in the Tower for designing to kill the king, in such place and manner as Oates afterwards discovered the papists intended to do it. In Trinity term, 1678, he had an Habeas Corpus to the King's-bench, and was brought thither in order to be bailed, and produced persons of worth to bail him; but the penalty of the bail For the Fifth, the dispensing with the Test set by the court was so high, and the court so and Penal Laws was as mischievous as it was aggravated the crime for which he was comillegal; it making persons capable, who were mitted, and the likelihood of the truth of it, incapacitated by law of being in places, of ex- that the bail refused to stand, and Claypole was ercising offices, for whom the persons who had remanded to the Tower. But the term after, power to confer or bestow the same, had more when the matter, of which he was accused, affection, than for the persons who at that pre-appeared barefaced to be the design of other sent enjoyed them: The consequences of which were quickly seen, in turning out the present possessors, to make room for others; which was the thing, which, as a Scotch bishop said of another matter, set the kiln a-fire.'.

For the Fourth, the seizing the City, and other Charters, upon the pretences on which they were questioned, was without example.

Of these five particulars something hereafter may be said; at present, this treatise is only to consider how far the proceedings in capital matters, of late years, have been regular or irregular: and as to that, I shall not at all consider how far the persons hereafter mentioned were guilty of the crimes of which they were accused, but how far the Evidence against them was convincing to prove them guilty, and what crimes the facts proved against them in law were.

REMARKS on FITZHARRIS'S TRIAL.

people, he was let go, for fear the examination of it should go further in proving the popish plot than any thing at that time discovered. And if it were now discovered, upon whose and what evidence he was committed, it would go a great way in discovering the truth of many matters, as yet in the dark (but that design before it took effect; and yet a like design was miscarried, because the intrigue was discovered still carried on, and many of the clergy of the church of England had been prevailed with to cry the popish up as a fanatic plot). The papists and the clergy of the church of England being in the late times equally sufferers, and oppressed by the fanatics, they naturally grew to have a kindness for each other, and both joined in hating the fanatics; and therefore pretended, at least, that they did not believe any thing of the Popish plot, but that report was given out by the fanatics, whilst they THE first person I shall begin withal shall be themselves were designing something against Fitzharris; and that it may not be wondered, the church of England. The papists having that the trial and condemnation of a person, so great a part of the clergy of the church of who was confessedly an Irish Papist, should England, ready to believe any thing of a fanabe complained of; and one whose crimes were tic plot, which they should forge, and observsuch, that if the law declared had not made ing that that which gave credit to the Popish capital, it had been just, in respect of the male- plot, was writings concurring with oral tesfactor, for the legislative power to have enact- timony, which it did; for very little of the ed, That he should suffer the severest punish- truth of the Popish plot depended on the credit ment usually inflicted for the highest crime: of Oates, Bedlow, or any other person, most yet, in respect of the common good, it had of the facts of that design, when discovered, been just and fit to have pardoned him, if he proving themselves: To instance in one; Oates would have confessed who were his conspi- discovered Coleman had intelligence with La rators and setters-on; for I am apt to think, Chaise of a design on England, and that Colethat if that matter had been thoroughly looked man had papers testifying as much; when into, some persons, afterwards witnesses in the those papers were seized, and owned by Colelord Russel's, colonel Sidney's, and Mr. Hamp-man, and the purport of them was what Oates den's Trials, had either never been produced, or had not been credited if produced; nor would my lord of Essex's throat have been cut; and

said they were, it was not material, whether Oates was a man of truth or not; the papers, without Oates's further evidence, sufficiently