As we draw near to the feast of Saint Oliver Plunkett (Plunket), below is an article by Sir Shane Leslie (1885-1971) looking at the controversial trial which condemned Ireland's only canonized martyr. This paper was the first of two published in the July 1920 edition of The Dublin Review, marking Archbishop Plunkett's beatification a couple of months earlier. The writer is an extremely interesting man in his own right, born into the Anglo-Irish aristocracy, he converted to both Catholicism and the cause of Irish nationalism in 1908. Although initially active in politics it was as a literary figure that he established his reputation. He published a number of historical studies including a volume on Saint Patrick's Purgatory at Lough Derg and was responsible for returning this historic island pilgrimage site to the jurisdiction of the Catholic Bishop of Clogher. In his paper on the trial of Oliver Plunket, Leslie lays out the sorry saga of the 'Popish Plot', the perjured testimony, and the less than stellar characters of the witnesses. It is an unedifying scene from which few, apart from Saint Oliver himself, emerge with any credit:
THE BLESSED OLIVER PLUNKET
I—THE TRIAL OF OLIVER PLUNKET
THE Popish Plot was not a lapse into fanaticism or hysteria on the part of the English people, but a
sanely deliberate and in the end successful means of
excluding the Stuarts from the throne. Ireland was only brought in as an afterthought, for it stood to reason that if there was a plot in England there must be a greater one in Ireland; to pervert a text, if these things were done in the dry, how much worse it must be in the green. As the English Catholics had been accused of the Fire of
London, so one Murphy accused a Lady Neale and others of a design to burn Dublin. “Haec est potestas tenebrarum ac falsorum testium,” wrote Oliver Plunket reporting this to Rome (May 15th, 1679). This month one Hetherington escaped from prison and informed Shaftesbury of the plot in Ireland, who procured the transit of MacMoyer the Franciscan and Edmond Murphy, “titular chanter of Armagh,” who were the first to mention Plunket. The latter wrote a tract on “the first occasion of discovering the Plot carried on by Dr. Oliver Plunket.” ‘Tories and criminals in Irish prisons found they could obtain pardon and lucrative occupation by discovering the plot. As Ormonde wrote to Arran: “Those that went out of Ireland with bad English and worse clothes are returned well bred gentlemen. Brogues and leather straps are converted to fashionable shoes and glittering buckles, which next to the zeal Tories, Thieves and Friars have for the Protestant religion is a main inducement to bring in a shoal of informers. They find it more safe to be the King’s evidence than a cowstealer.” The connection between Jones, Bishop of Meath, and Shaftesbury was responsible for starting the idea of an Irish plot and procuring pardons for the informers who as often as they got out of prison were being rearrested. The first trace of damaging evidence against Plunket appears in a document in the British Museum, that a Colonel Fitzpatrick delivered to the Pope’s Internuncio at Brussels a letter signed by Plunket and three other bishops, recommending him as the only fit person to command an army for establishing the Roman religion under the French. The paper was seen by several clergy and laymen, reported the spy, apparently from Louvain, for according to the Franciscan and Dominican Superiors there FitzPatrick had carried a similar letter into France. The paper is endorsed as shown by the Duke of York (James II) to Charles II on October 20th, 1679. (British Museum 32095 f. 196.]
“That in or about May or June last Coll. FitzPatrick delivered to the Pope’s Internuncio at Brussels a ct or paper subscribed by four R.C. Bps two of wch were Plunket Archbp of Armagh and Tyrrel Bp of Clogher recommending the sd FitzPatrick for the only person fit to be entrusted General of an Army for establishing the R.C. Religion in Ireland under the French Sovereignty wch paper after its coming to the Internuncios hands was seen by several Clergy and laymen known to Father Daly procurator, F. O’Neill Commissary, F. MacShone Guardian of the Irish Franciscans and F. Macmahon alias Mathews Prior of the Dominicans in Lovain among whom tis also said the sd FitzPatrick carried such another instrument into France where he first arrived from Ireland and whence he went into Flanders with resolution to settle at Bruxells. But he was forced to remove from thence by his R.H. commands wch he obeyd not without much regret and murmuring.”
Eight days later Ormonde desired Plunket’s arrest, writing to Sir Hans Hamilton (October 28th, 1679): “It would be an extraordinary service to the King and of great advantage to me that Oliver Plunket might be apprehended.” Accordingly Hetherington arrested Plunket in Dublin (December 6th, 1679) while Murphy was drawing up evidence, “when one Hugh MacKenna made a proclamation throughout the City that the Informant was the cause of Plunket’s imprisonment.” MacKenna and then Murphy were arrested, the latter regretting that his “being imprisoned gave occasion to all the Primate’s friends to fill the town with all manner of scandalous evidences against the deponent.” (Ormonde Papers.)
As Murphy’s tract contains no evidence against
Plunket, we must consider in view of the dates the unknown spy as the cause of his arrest. His conjunction
with the Irish Friars at Louvain was not startling, for
Plunket had aroused their enmity and unworthy Franciscans were to swear away his life. ‘The clan of MacKenna
appear well in the tragic story. James, perhaps a brother
of Hugh, was Plunket’s servant and was examined by the
Lords’ Committee as a material witness in May and
November, 1680, but he was faithful enough to be of no
value to the prosecution.
The fate of Oliver Plunket can be accurately studied from the Ormonde Papers, of which only such as Carte printed were available to Cardinal Moran. The key to Ormonde’s policy was his knowledge that the informers were being used by his enemies to remove him from office and perhaps from life. ‘To save himself, though he would not instigate action against the bishops, he felt bound to help the informers. He could not afford to discourage the visionary plot with a prospect of far from visionary consequences to himself. He showed all the suave qualities. of Pilate. As English Governor in Ireland he knew Plunket was innocent, but he feared the Puritan mob lest they should say he was not Ceasar’s friend.
There was no evidence, for Mr. Secretary sent him word from London “ to tell your Grace that he learns of no other evidence against him than what has already been sent to your Grace.” The value of this had appeared in a letter written after his arrest (December 23rd, 1679):
“Unless his papers discover some further grounds I doubt little will be got from him. But if your Grace thinks
fitting to try him with any questions it is left to your
discretion and may possibly have the effect of making him
believe we know more than we do.” Ormonde answered
the next year (April 10th, 1680) that Plunket “has lain
in the castle for no other reason known to him or to any
other but myself here than his presuming to stay here in
contempt of the proclamation. I have foreborne to have
him examined ... and then we shall want anything
wherewith to convince him or draw any acknowledgement
from him that may lead towards a discovery of the truth.”
The truth to Ormonde was false evidence of an imaginary
plot. Yet he was troubled, for the English Government
were urging him to arrest all the bishops, whereat he wrote
that to tell him priests were perfidious was “to preach to
him that there is pain in the gout and he protests that he
would be sooner rid of them than of that disease,”
possibly the only martyrdom he could qualify for. At
the same time he wrote to his son Ossory (May 16th,
1680): “The titular Primate accused by them is not no
more above them in gifts of nature than he ought by his
place to be.” Ossory replied that Plunket’s servant and a
friar had been examined in vain, for they “deny anything
which can show the truth of Murphy or Moyer’s depositions, that crew being sent back unto you! ”*
[* Evidence was gathering. Secretary Jenkins wrote (May 7th, 1680),
“The material point in their depositions is that Moyer’s being at Marseilles
in '73 saw a letter of Plunketts to the Secretary of the Propaganda in
Rome purporting that 60,000 men were ready in Ireland but that they
wanted arms and that therefore the Principe Colonna and Cardinal
Grimaldi should be solicited to contribute. The rest was all wrangling
between the Primate and these priests about jurisdiction.” And to
Ormonde (May 14th, 1680), ‘‘It is his Majesty’s pleasure declared in
Council that the said Plunkett be forthwith prosecuted and brought to
trial for the crimes laid to his charge.’’ (State Papers.) ]
Ormonde
decided to try him in July at Dundalk within his own
diocese, against a petition of MacMoyer, who would
not appear to face Plunket’s thirty-two witnesses.
“Murphy fled because he knew well that the jury of
Dundalk would have hanged him,” wrote Plunket to the
Internuncio, and a month later: “MacMoyer is anxious
that the trial should be deferred. Murphy fled from the kingdom and they await his return.” The situation was that there had been no trial, a process had been read and the Protestant jury had dismissed it. The accusers petitioned for a trial in London, and summoned to answer for what he called (borrowing a word from Sir Thomas More) “this utopian conspiracy,” Plunket reached London (October 29th, 1680) under the care of six attendants. He was brought before the House of Lords immediately and Longford wrote to Ormonde: “Plunket hath deceived all men living for he told his tale with modesty and confidence enough and without any manner of hesitation or consternation.” From a letter of Arran we learn that “Murphy was the first examined. One part was that the titular Primate told him he received money from you, which question being asked Plunket, he utterly denied and he had less encouragement from you than the two former chief Governors Lord Berkeley and Essex, which I observed Lord Essex did not like.” Essex and Shaftesbury had introduced Murphy to the Lords in May, upon which Ormonde had been ordered to bring on the trial. But the Grand Jury of Westminster returned an Ignoramus, and Murphy returned to Ireland with an order to hunt for witnesses, of whom Arran wrote, “Eight swear home against Plunket,” and Ormonde
answered, “I suppose the Grand Jury had not before
them the examinations taken against Plunket. If they
had, sure they would not have returned Ignoramus upon
his bill.”
The MSS. of the House of Lords contain his petition
(November 8th, 1680). “Petitioner being very ancient
and subject to divers infirmities has great want of his
servant to attend him. Petitioner for the most part
still lived in Ireland upon the benevolence of others and
being brought to Dundalk last July when his trial was
put off for want of sufficient proof and having spent
there his small stock providing several witnesses for the
defence of his innocence and for his own relief he was
ever since maintained and also brought hither upon His
Majesty’s charges, prays to be allowed his servant and to be maintained during his imprisonment.” At the same time the Earl Essex acquaints the Committee that having several original papers in his hands very material against Plunket, sent them into Ireland for his trial and now desired their return. His examination was on November 10th. “ Plunket on being brought and asked what he had to discover said he had never written to any French Messieurs. He had had no transaction with Mr. Mohun (Moyer?) except letters of civility. Earl Essex asked him if he were not with Mr. Mohun; he confessed; it was to make Plunket and the other Bishops of Ireland friends. Being asked if he knew not of any conspiracies he said he knew something of it; that about a hundred times he was threatened to be killed if he did not prosecute the Tories.* That his life being aimed at, he mistrusted that there was a plot against the English. Being asked if he could name any persons that had entered into recognizances to kill the Irish he made no answer.”
[*“The Tories are in a great part reduced by Mr Oliver Plunketts
apostleship.” (Sir Ellis Leighton, Sept. 24th, 1669.)]
With the New Year Ormonde had received a warning
line from Sir John Davys: "Murphy the priest took
occasion at the Committee to affirm that when he appeared
before your Grace against the Tories he was well used,
but when he discovered the plot he was ill treated.”
Ormonde thought it wise to give Murphy fifty pounds,
though “he has taken some from Carrick that profess
here that they are able to say nothing of the Plot or Plotters.” Murphy’s net went far and wide though “neither
the order of the House of Lords or ours did give so large
authority to Murphy as Sir Hans apprehended.” In
fact, Hamilton protested lest “ under pretence of discovering the Plot such bloody murderers shall be pardoned.” But Ormonde dared not raise a finger, for some
of the informers were swearing “ that the said Duke of
Ormonde was as guilty as Primate Plunket.”
It is impossible to discuss the legality of Plunket’s
Trial in London for treason committed in Ireland.
There were precedents as in the Trials of Brian O’Rourke and Connor Lord Maguire. Even so, the law of evidence was little understood and the prisoner was given no loop-hole for escape. He was given no notice of witnesses against him, or allowed to cross-examine them. The originals of documents brought against him needed not to be produced. Witnesses for the defence hardly dared come without an order and could not be put on their oath. Witnesses for defence are recorded as giving evidence on the wrong side. The opposite of this occurred in Plunket’s Trial, when evidence in his favour was ruled out as showing Catholic tampering!
A government in panic prefers its necessity to its own law. It is more damning to the Justice of England to consider the character of the evidence on which Plunket could be condemned. ‘The witnesses could not appear in Ireland owing to their criminal records and Plunket’s knowledge of their characters. Their evidence stands discounted by the fact that before the trial in London they fell out, and Edmond (to be distinguished from Owen) Murphy actually gave evidence in Plunket’s favour.
Luttrell has some significant passages in his Relations of
State Affairs.
“March 15th, 1681.—John Macnamara one of the
discoverers of the Irish Plot met in the streets one Bagot,
who searched had in his pockets papers relating to the
Earl of Tyrone and to Oliver Plunket.”
Macnamara’s information to the Commons (January 6th, 1680) had charged a French Commission against
Tyrone, which was now the charge laid to Plunket.
“April 14th.—One Lawrence Wier, John Macklin etc are lately come: from Ireland and have made a further discovery of the popish plot more especially in relation to Plunket.”
By May, Macnamara was served with a warrant for trying to suborn witnesses against the Queen and Ormonde. Also “‘There is a great feud between the Irish
witnesses about the Plot. Some of them... (Edmond
Murphy) have recanted their former evidence and do
endeavour to invalidate the testimony of others.”
Meantime, as Father James Callaghan wrote to Ireland,
“the Primate is upon the Newgate of London to his
great woe.” On May 3rd, 1681, he was arraigned at the
Bar of the King’s Bench for endeavouring the King’s
death, and to levy war in Ireland and to alter the religion
established and to introduce a foreign Power. He
pleaded that he had already been arraigned in Ireland,
but that witnesses had not appeared against him. He was given five weeks to produce witnesses for himself and on June 8th was brought to trial. Legally he had not been tried at Dundalk. He was not condemned there because the witnesses for the Crown did not appear. He was to be condemned in London for lack of the witnesses for the defence. The situation had appeared in a letter of Arran to Ormonde (April 16th, 1681): “I hear all the witnesses except Oates and Dugdale are out of pension so that you are like to have them in Ireland as soon as they have hanged the titular Primate for without doubt the jury will find him guilty there being so many witnesses point blank against him and their testimonies will be looked upon as valid.” The trial is recorded among the State Trials of England. For the Catholics it was a cause célébre, for no Primate had been tried since Thomas à Becket was posthumously arraigned by Henry VIII.
A full account was printed in folio at the time by Francis
Tyton and Thomas Basset. He was tried before the
new Chief Justice Pemberton, who had succeeded to the
seat of Scroggs, in order to throw a little decorum on the
trial of Edward FitzHarris, who was to be Plunket’s
fellow sufferer. At best he was “indifferent honest.”
The other Judges were Thomas Jones, who “being of
Welsh extraction was apt to be warm,” and William
Dolben, brother. of the Archbishop of York, “an arrant
peevish old snarler.” (D.N.B.)
Plunket pleaded not guilty and based defence on his
belief that he could not be tried in England. He
believed that English Statutes were not received in
Ireland unless there was express mention of Ireland. “The case is rare and scarce happens in five hundred
years,” he pleaded. He offered to place himself before
any Protestant jury in Ireland. Once he had his records
against his accusers and his own witnesses, “I will defy
all that is upon the earth and under the earth to say
anything against me.” His witnesses dared not come
without a pass. "We can’t furnish you with witnesses,”
remarked Pemberton drily. The Attorney-General
Sawyer, according to Burnet, “a dull hot man and forward to serve all the designs of the Crown,” accused him
of registering men and collecting money (two diocesan
requirements) with a view to introducing a foreign Power,
for whose landing he was said to have personally selected
Carlingford.
The witnesses against Plunket may be divided into those who gave fatal perjury and those who told rather in his favour. Florence Wyer said that he had obtained the Primacy on a promise to arrange things so as to surprise the kingdom. This he had only from schoolfellows, and when Pemberton asked for his own information he said he had heard the Primate say, referring to another candidate for the Primacy, “ Tis better as it is, for Duffy had not the wit to manage the things that I have under- taken for the general good of our religion.” What had he undertaken? asked Pemberton, and Wyer answered cautiously, “No further than those words. But I did conceive this was his meaning, because I knew partly of it myself knowing of the former plot.” Pemberton asked him how he knew Plunket had collected money to supply the French forces. “I have seen the money collected and I have seen his warrant sub poena suspensionis to bring it in to redeem their religion from the power of the English Government.” The Attorney-General asked, “How often were you in the Doctor’s company?” “Not very often,” replied Wyer, and Plunket broke in, “I never saw him with my eyes before in all my life.”
The deeper the Justices went into the evidence the thinner it proved. The next witness, Henry O’Neal, “would
not swear for all the world more than I know,” and
confessed he never saw Plunket in his life. Owen Murphy
could only give second-hand talk, but Hugh Duffy gave
some fatal evidence. Plunket had raised money “to
give to his agent at Rome.” Plunket wrote to Cardinal
Bouillon to urge a French war against England rather
than Spain. “Did Cardinal Bouillon show you my
letter ?” asked Plunket. Yes! The gentry had collected to a Confirmation to plot a (visionary) rebellion
in a well-named place called “Clouds” (the mis-
pronunciation of Clones). He reported Plunket’s conversation about Carlingford and sending money to procure ammunition. Plunket remembered seeing him, but
not present in a house, “‘ If you were, you were invisible.”
As Duffy withdrew the Primate asked, "Mr. Duffy, one
word with you. Is not this out of malice to me for
correcting some of the clergy?” Duffy answered,
“You had nothing to do with me for I was a Friar.”
The priest Edmond Murphy appeared and proved as
unmanageable as Sam Weller in the witness box. He
pretended to forget former evidence and would only own
to discourse with the Vicar-General. Pemberton interfered. “Sir, don’t trifle. Have you had any with him ?”
“Yes,” said Murphy, “I think it was about this. If the
Duke of York and the Duke of Monmouth fell out together that he had some men to raise about that matter
and if the Duke of Monmouth would raise the Protestant
religion...” But he was not allowed to finish his
perfectly true prophecy of event. "You see he hath
been in Spanish hands!” shouted the Attorney-General.
“It makes me forget myself to see so many evidences
come in that never knew Plunket,” replied Murphy, and
denied former evidence, “I did not impeach Primate
Plunket,” whereat Mr. Sergeant Jeffreys, who was one
day to quench Monmouth’s rebellion in the Bloody
Circuit, had him searched and so frightened that he
“would scarce be persuaded to come back” into court
where he insisted once more, “I know not how these
people come to swear this business whether they had not
malice against him.” “I reckon this man hath given the best evidence that can be,” said Dolben, anxious to get him out. “Yes,” said Pemberton, “it is evidence that the Catholics have been tampering with him.” Jeffreys then had him committed “ because he hath fenced from the beginning,” but doubtless pour encourager les autres. Maclegh or Maclane, a Clogher priest, said he was made Primate by the French King on condition of joining the French. Then MacMoyer produced the English copy he had made of a letter Plunket had written to Propaganda in Latin. Asked for the original he said the soldiers and Tories took it. However, he produced the Clones statutes in Plunket’s handwriting, though he changed the fifty pounds to be sent to Plunket’s agent in Rome to 500, as a more likely figure, “wherein Ireland
was bound to send so much money to Rome upon such
a design.” He said Plunket gave him the secret of the
plot which the Primate pointed out was not likely since
“I had denounced him throughout my whole Diocese.”
Plunket was proceeding to prove MacMoyer a convicted
criminal, when Jeffreys broke in, “Look you Dr. Plunket,
if you ask him any questions that may tend to accuse
himself he is not bound to answer them.” “He hath
been convicted and found guilty,” cried Plunket, whereat
Pemberton chimed in, “He is not bound to answer such a
question,” and MacMoyer retorted, “It was a Tory
swore against me that you did absolve.” Dolben, who
seemed to take a fairer view than the other Judges,
said, “Don’t tell us a story of your Tories!” But
Pemberton would not let Plunket make his point. “Look
you Mr. Plunket, don’t mispend your own time, for the
more you trifle in these things the less time you will have
for your defence.” In his defence the Primate would
only say, “ Were I in Ireland, there both I and they should
be known, but when I was to be tried there they would
not appear and it is all false and only malice. These
men used to call me Oliver Cromwell out of spite.”
Sergeant Maynard added, “ You are very like him a
destroyer of the government.”
MacMoyer then brought evidence that the letter which
was opened in Italy was carried by Plunket’s page O’ Neale, whom Plunket replied came to Rome begging as a straggler. The Solicitor-General summed up. Duffy saw
a letter which is confirmed by another letter seen by
Moyer carried to Rome by O’Neale. In the substance of
the unshown letters was the plot, “and this is fully
proved.” At the last moment one of Plunket’s witnesses,
Paul Gorman, arrived and said, “As I have a soul to save
I never heard of any misdemeanor of him.” But the
Lord Chief Justice summed up so dead against him that
the jury returned a verdict of guilty. “Deo Gratias,”
said the Martyr-elect. On June 15th, he was brought
to the bar and condemned in spite of an eloquent speech
pointing out how impossible it was that he should have
planned a French landing in such a very bad harbour
as Carlingford. He asked for delay, as his witnesses
had reached Coventry. However, the Chief Justice was
quite willing to leave them in Coventry, and proceeded
to pass the savage sentence for High Treason. "God
bless your worship,” cried Plunket. "And now as I am a
dead man to this world and as I hope for mercy in the
other world I was never guilty of any of the Treasons laid
to my charge as you will hear in time and my character
you may receive from my Lord Chancellor of Ireland,
Lord Berkeley, Lord Essex and the Duke of Ormonde.”
A broadside was issued the same day on “ the condemnation of the two notorious traitors,” and an adventurous
Mr. FitzHarris, condemned to suffer with Plunket,
received some of that reflected fame which once befell
two thieves.
Ormonde did not heed Plunket’s appeal, but he wrote
to Arran (June 15th, 1681): “I wish for the honour of the
justice of England that the evidence against Plunket
had been as convincing as that against the other was, for
we must expect that Papists at home and abroad will take
his trial to pieces and make malicious remarks upon every
part of it and some circumstances are liable to disadvantageous observation.”
Ormonde did not stir, though his opinion of the plot
had been that “It was necessary to amuse the people
as with new plots so with new actors in them, and we were
not forgotten but reserved to the last. The discoveries
now on foot in the N. and W. of this Kingdom can come
to nothing by reason of the extravagant villainy and folly
of the discoverers who are such creatures that no schoolboy
would trust them with a design for the robbing of an
orchard. Murphy is all out as debauched but a degree
wiser than the others.” ‘To Jenkins he now wrote on
the return of the witnesses desirous (May 23rd, 1681)
“they slip not away or be not tampered with to suppress
or mollify their evidence in favour of Plunket who is
reasonably well allied and friended in these parts. This
caution is chiefly applicable to Murphy....” But
Ormonde believed the plot was directed against himself
and realized that to save Plunket was to endanger himself.
According to one of his papers, three persons were tempted
about September, 1680, by Wyer, McClane and Moyer to
join with them in charging Ormonde. Ormonde had to
persuade himself that there had been a plot, though his
guilty and hypocritical conscience appears in a letter
written a few days after Plunket’s execution (July 14th,
1681) of a sea captain’s report “concerning a number of
ships of war discovered by him upon the coast betwixt
Carlingford and Strangeford. It may please God we are
safe from an invasion especially now that Oliver Plunket
is disposed of, but the good captain being as he says
troubled with melancholy vapours, all this may prove
but a visionary fleet!”
Plunket’s case had attracted considerable attention,
and pamphlets survive in the absence of newspapers
showing that the pen was as ever more potent than
poison. The Character of a Tory served to inflame public
opinion by alluding to his “English face, French heart
and Irish conscience.” A lapsed Franciscan, John FitzGerald, published a narrative containing “several things
relating to the Irish Plot managed by Plunket and now
committed to the Gaol of Newgate.” Pamphlets were
published describing his last days and execution, of which
an entire collection may be found in the British Museum, for instance, The Last Speech and Confession of Oliver Plunket with an account of his behaviour in Newgate
gives details not otherwise found. "He said his soul
was now so well prepared for another world that he did
not desire to continue any longer in this since he doubted
whether ever he should attain to the same temper of mind
again and contrary to the usual Roman uncharitableness
desired all good Christians to pray for him.” At five
the evening before his execution he retired to his devotions,
Father Corker, his Benedictine fellow in prison, says, "Being now as it were at hearts-ease he went to bed at
eleven of the clock and slept quietly and soundly till four
in the morning.” Bulstrode’s Memoirs here add on
the authority of his gaoler “that he was newly awake
having slept all night without any disturbance and when
I told him he was to prepare for his execution he received
the message with all quietness of mind and went to the
sledge as unconcerned as if he had been going to a wedding.” ‘The sledge was the hurdle on which a prisoner
was “drawn,” lying face uppermost. One is reminded
of the Martyr Bishop Fisher. The sense of justice of the
Man in the Street was comforted by A Brief Relation of
the Trial of Oliver Plunket, which said, ‘‘There were five or
six witnesses against him who proved the treason positively
upon him, and though he had all the liberty he could
desire to make his defence yet he had very little to say
for himself, only he pretended that those witnesses which
should appear on his behalf were in Ireland.”
While in prison he bequeathed his living body to Father
Corker, and when the barber asked whether he should
leave the upper lip untrimmed, the Martyr, perhaps
remembering the play Sir Thomas More made with his
beard before execution, referred him to Father Corker,
who gave leave for the moustache to be shaved. ‘We
hear that some of his friends told him they had begged the
body,” said the Broadside like a special extra of the time.
At about ten in the morning Plunket left Newgate,
having refused to drink a glass of sack without permission
from Corker’s cell. Luttrell’s account reads: “About
nine in the morning the sheriffs went and received the
body of Edward FitzHarris from the Lieutenant, of the
Tower, which was brought on a sledge through the City
to Newgate, where Oliver Plunket being put in a sledge
they were both drawn to Tyburn with a great guard and
many spectators attending them. Being come to Tyburn
Plunket got into the cart and there began a long harangue
excusing himself and protesting as he hoped for salvation
he was altogether innocent of anything was laid to his
charge. Then he commended his soul to God, owning
himself to be a Romish Prelate.” The Broadside gives
further details. Mr. Plunket came first to Tyburn.
He crossed himself thrice upon the breast and then
delivered a paper to the Sheriff which he desired might
be published. With the rope on his neck he made his
last speech of innocency. “Because the old protestation
that he was as innocent as the child unborn is now grown
threadbare, he said that as he hoped for salvation he was
altogether innocent of anything whatsoever which was
charged against him.” He then pulled his cap over his
eyes and continued praying half an hour. This detail
fits in with Father Corker’s previous letter to Plunket
ending, “I send you now a cap, an hankerchief and two
guineas to give the Executioner at Tyburn. ”Though
the sentence was to be cut down alive, the Broadside
says, “Mr. Plunket was dead in a short time. After
they had hanged a considerable time they were both
beheaded and quartered and their quarters delivered to
their friends.” Word was sent to Ormonde, “ Plunket
and FitzHarris suffered yesterday, the former as a man
prepared and the latter as a man surprised.”
The Broadsides continued. Plunket’s last speech was
printed as “written by his own hand,” and caused so
considerable a stir that Florence Wyer replied with a
pamphlet called The Honesty and True Zeal of the King’s
Witnesses, justified and vindicated against those unchristian-like equivocal protestations of Dr. Oliver Plunket. The
witnesses were excused for absenting themselves at the
Dundalk Trial, “where inevitably he must be tried by his own confederates who would sooner hang the judges
than him!” They happened to be Protestants! “Incomprehensible was the Simony of this worthy Patriarch,”
nor can the non-existent be comprehended ever. As
for the Plot Money, “I have seen the money in the town
of Castle Blayney,” asserted Wyer, and by a coincidence
Lord Blayney was arrested that August “as being in
Plunket’s Plot.” As for the Carlingford episode, it
appeared that “walking to take the prospect of sea and
land they chanced to pass by an old ruinated Church,
where Plunket said although they be at present possessed
by the heretick clergy we expect a sudden restoration
of them.” This was hardly planning a landing, though
“the very Irish Etimology of the word Carlingford
verifies the Haven to be doubtless as good, unless somewhat narrow, as any in England or Ireland.” Wyer
made Carlingford to mean Cath-ar-ling or Fight-on-stream,
and presumably deep enough for a fleet. Unfortunately
it means Cairlinn’s Fiord, being Danish and not Irish at
all, for the Irish name of the locality means “swimming
ford of horses!” Perhaps the King of France’s 70,000
men included horse marines!
Wyer concluded with a sneer at “the devotedly religious at Tyburn the first of this instant (who) had not
their minds generally satisfied as wanting blood enough
of Martyr Plunket to colour their handkerchiefs. I hope
if their devotion will still continue they may attain to
the full of their desires by dipping the rest of their handkerchiefs in the blood of many more.” This incredible
pamphlet concludes with a threat presumably against
Father Edmond Murphy for invalidating their evidence
and a hope “that within short time he shall receive his
quietus est by the hands of Katch at the foot of Mount
Tyburn, but let Charon have a care of sinking his boat,”
Wyer sympathetically adds, “by ferrying over the Stygian
streams to Prince Beelzebub that masterpiece of all
European knaves.”
Such is the only literary remains of the King’s witness against the Blessed Oliver Plunket! A letter from Sir Leoline Jenkins (September 20th, 1681) asks protection for Wyer, Moyer and Duffy, “the first charged my Lord
Blayney with treason, but my Lords have thought fit
to dismiss him.” Wyer is an anglicization of Moyer and
Florence was the hereditary steward or Maor of the Canon
of Patrick in virtue of which his family held Ballymaire
in the Parochia Patricii. Maor is the Gaelic for the
Stuart family, so that the King’s witness was similarly
named. When McQuiggin, Plunket’s witness, arrived too
late he was offered one hundred pounds “by the three
O’Neills and a Friar with a hard name” to accuse
Ormonde, whom we find writing to Arran (December
6th, 1681): “ Friar John Moyer is fallen in some degree
under the danger of the law for advising some whom he
himself has accused of high treason to depart the kingdom.
God be praised they have neither sober heads nor stout
hearts or hands to command! The McMoyers saith
tradition changed their name to Maguire that no priest
might bear the accursed name.”
A rare tract was published by William Hetherington in 1682 entitled The Irish Evidence convicted by
their own oaths or their swearing and counterswearing
plainly demonstrated. Hetherington attacked those Irish
witnesses who, through remorse or fear, retracted their
evidence, especially David FitzGerald, who, though
he came to discover the Popish Plot, “abused the
said four witnesses or some of them and asked them if
they came to hang poor Plunket,” with the result that
“they began to hearken to the voice of this man-catching
Syren and forget the Popish Plot and set up the Irish
Ha-loo-loo against Protestants”! Information showed
that FitzGerald was manfully fighting and frightening
the Irish witnesses, applying “Treats, Threats and Money”
to turn them from compassing Plunket’s death. This
information was sworn May 4th, one day after Plunket’s
Trial. What is interesting is that FitzGerald was using
the King’s name to save Plunket, “and further the said
David FitzGerald told them that he would make His Majesty not to give any of the evidence that was in the
City of London any money at all and that as soon as the
Parliament sate at Oxford that those evidences would be
all hanged . . . that His Majesty had told him the said
FitzGerald that within one week after the Parliament
were met at Oxford, they would be dissolved and that
then everyone of the evidence might go home about their
business.” This is the only clue to possible action to
the credit of King Charles. FitzGerald was successful
in breaking up the unanimity of the witnesses, and helping
Murphy’s recantation, which should have sufficed to
acquit Plunket. Mary Cox swore on July 8th, that
“the night before Mr. Plunket was tried ” she heard
Bernard Dennis describe “a crowd of people and enquiring what was the reason of it they told him it was a Subpoena served upon Murphy and he said Murphy had
absconded for some time and he said Murphy did say he
would appear the next day according to the Subpoena,”
with what result the trial showed. In fact it was a running fight between Plunket’s friends and enemies to
bribe and counter-bribe, frighten or subpoena the witnesses. It is noticeable that whereas Plunket’s servant
was faithful, FitzGerald bought up Hetherington’s man
George. Finally, Hetherington appealed to “some of the
Papers of that Popish Traitor Bishop Plunket which were
delivered to the King and Council.” What papers were
these? Either they were valueless to the prosecution
or, if they were of value, did the King suppress them
(for they are not mentioned at the trial) and encourage
FitzGerald to threaten Hetherington? What was going
on behind the scenes during Plunket’s imprisonment the
historian will probably never discover.
The guilt for Plunket’s execution must among statesmen be shared between Ormonde, Essex and Shaftesbury,
whose “agent and stage-manager” Hetherington was (Bagwell). Ormonde acted out of fear and self-protection,
but Shaftesbury’s influence in London largely brought
about the crime. “The judicial murder of Plunket must be
laid at his door” (D.N.B.). Dryden, the Catholic Laureate,
was to attack him bitterly in the same year in the lines:
Of these the false Achitophel was first
A name to all succeeding ages curst.
In lines as perennial as bronze he described how:
The wished occasion of the plot he takes,
Some circumstances finds but more he makes,
By buzzing emissaries fills the ears
Of listening crowds with jealousies and fears.
When Essex asked the King for a pardon too late the King cried, “ His blood be upon your head and not upon mine!” The royal curse was not unfulfilled, for Essex cut his throat in the Tower two years later. The King’s own deathbed was not unaffected by the Martyr’s prayer at Tyburn for his everlasting felicity. What an amazing irony that the King, who signed unwillingly the sentence of the Martyr, died giving the homage of his last breath to the Faith of Oliver Plunket.
SHANE LESLIE.
The Dublin Review (July, 1920), pp. 1-19.
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