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judges, and the parliament was no more in being, and if a new on fhould not be called, there was no reafon his villany should paffe unpunished; for it was alleged, by the King's party, that Fitzharris was only fuborned and bribed by Schaftsbury, &c. to affirme the things contained in his narrative.

All the judges being met and demurred fome tyme, at laft they repelled and overruled the forfaid dilator, and found the plea not good, and sustained themfelfes as judges to his tryall, and ordained him to answer farder against the nixt terme. Theirafter, in May 1681, being adduced as a witneffe by Mr. Mitchell Godfrey, brother to Sir Edmonbury, who was murdered, he deponed that Monfieur De Puy told him, ther was a confult held at Hampton Court, 14 dayes before Sir Edmonbury was killed, wher the Quean, the Duke of York, and the Earl of Danby late trefurer, and on Father Beddinfeild, refolved on Sir Edmonburie's murder, and that he heard Danby, coming doune the stairs, say he would send S. Edm. fuch ane earand for his officious zeall as he should never returne with ane answer, and fhould make all his heart ake. Then Shaftsbury craved that Fitzharris might have liberty to depone what he knew of the burning of the city of London by the Papifts in 1666; which the judges declined on this ground, that it did not relate to S. Edm's. murder, which was the only point anent which he was adduced to declare.

The D. of York was very offended both at the delay of his tryall, and that on ftanding accused of hy treafon himfelfe should be admitted to depone, lite pendente, against another; and then it was made by Shaftsburie's party a defence (as having overreached the judges) that being now on of the King's evidences and witneffes he should be fecured and indemnified, and not tryed for his oune life. Vide the nixt page.

About this tyme, in May 1681, Monfieur De Crow, Envoy to the King of Brittain from the Duke of Holstein, being ready to depart from London, was arrested by fome merchands, and imprifoned for debt he was

owing them. Of this the Attorney-Generall made a complaint to the King's Privy Councell, as a breach and violation of the priviledges of embaffadors and minifters of ftate, whoffe perfons by the inviolable law of nations are facred. The Councell fent for the creditors, and ordered them to retire ther actions against him; which they refufing to doe, the Councell committed them to Newgate prifon and liberat him. It is ane affront to the prince whom they represent that ther envoyes fhould not pay the debts they contract.

In the end of May 1681, on Macwarfh, Macgrath, ane Irish papift, deponed before the King's Privy Councell, that Sir Edmondbury Godfrey truely hanged himselfe, and that his brother, Mr. Mitchell Godfrey, employed him to cut him doune and convey him to the place wher he was found, both to lay it on the Papists, and to fave the efcheat of his goods, which would have fallen to the King, if his felfe murder had been knowen. But he had foe il contryved his perjurie, that immediatly a letter of his was feized on, wheirin he wrote to the midwife Coliers, that obftinate Papift, what he had deponed against Sir Edmondbury, and defiring hir to prepare the reft of the witneffes and have them in readines; upon which fufpition, he was brought back to the Councell board again, and, after examination, he confeffed all he had deponed was falfe, and he was fuborned and brybed to it by Coliers, and other Papifts, wheirupon he was committed. As alfo the Papifts put a number of papers, containing treason, in a meal-tub, in a Presbyterian's house, to fix a plot on them. Thir sham plots are made to difcredit Oats' difcovery.

P. 20. On the 30 of May 1681, (because the 29, the King's birth-day, fell on Sunday,) the Magiftrats of Edinburgh made a very folemne appearance on

a theater at the Croffe, wher the Duke of York honored them with his prefence, and drunk ther Majefties' healths. See the printed narrative of it befyde me.

About this tyme, in the fouth of Scotland, about Melroffe, fome three

unhappie mifcreants ware apprehended and brunt for beftiality committed with meirs; it was reported on of them followed after field conventicles; and they declared they did not think it was a fin, which was a great ignorance of the law of nature. It was ftrange, what the mother of on of them reported, that fix weeks before thee was delivered of him shee heard him as audibly weep in hir belly as any child cryes and greits after they are borne; which, as it was a fingularity in nature, fo he proved ane unnatural monster.

About the 8 or 9 of June 1681, Fitzharris (de quo pagina præcedente) was again brought to his tryall, and his Majefties Attorney in particular, infifting against him as the author of a fcandalous and treasonable pamphlet against his Majefty and his father and grandfather, incenfing and ftirring up England to raife in armes; and wheir, amongs other things, he charges King Charles the I, as he who gave order and commiffion for the Irish rebellion in 1641, and makes the present king a Papist; and probation being led against him, it was clearly made out that he had ouned that pamphlet, and that by Everard Smith and Sir Wm. Waller; wheiron the Jury unanimously returned him guilty, after that the Lord Cheiff Justice Pemberton had fummed up the evidence to them in a pretty difcourfe. Then the Lord Howard of Eferike being pannelled for acceffion to the fame libell, it not being evidenced, the juries verdict and returne was ignoramus, which is leffe then ane abfolvitor. The title of this fcandalous libell was "The True Englishman speaking Plain English." See Fitzharris' execution the nixt page: item pages 24 and 25, Colledge and Roufe.

On the 14th of June 1681, by his Majefties order a Parliament was proclamed to meet in Scotland on the 28 of July nixt, the Duke of Albany being the King's Comiffioner theirto. Sir Wm. Purves, the K's folicitor, was, by a mistake going to caufe proclame it on the 13 of June, but being a Monday it's abfolutly dies ferialis, on which no proclamations can be made; it's nather a mercat day nor dies juridicus, wheiron

F

Some thought the

courts of justice fit, to occafion a confluence of peeple.
Duke was to affume the title of Prorex or Viceroy, as more auguft for his
eminency then that of Commiffioner; and they differ in thir tuo, which
fute not to a free kingdom as Scotland is, fo that a Commiffioner is tyed
up to inftructions, but a Viceroy hath no limitations at all. 2do, Viceroys
are fent to debelled and conquered kingdomes, as to Naples, Ireland, &c.,
but never to independent crounes. Vide infra, page 22, anent the man-
ner of riding the Parliament. See the paper printed by the Counsell; item
my folio law manuscript marked E, at the 15 of July 1681, page 208.

It having pleased God, for our fins, to vifit many of the Southerne fhires of Scotland with a great drought this fpring and fummer, that scarce ther was any rain from March to neir the end of June, but cold winds and other unfeasonable weather, so that the like had not been obferved by the space of 40 years before, for no graffe rose but was more withered then it had been in the midst of winter with us, or fcorched with ane Italian fummer and for the cornes, they ware in great hazard, so that a famine, at leift a dearth, and peftilential diseases ware feared to infhue. All thir ware interpret as the effects of our late Comet, (of which fupra page 8,) and certainly, it may drain the moisture from the earth, and influence the weather, and diforder the motions of the heavens; but ther is a higher P. 21. hand of Providence above all theffe fignes pointing out to us our luxury, abuse of plenty, and other crying fins. However, the Privy Councell, by ther A& dated the 16 of June 1681, (which fee in print,) enjoyned ane univerfal fast throw the kingdome for deprecating God's wrath, and obtaining rain, to be held on the 29 of June in the nearer fhires, and the 6 of July in the remoter; as alfo the faft is enjoyned to pray for the fucces of the fubfequent Parliament. Some wifhed this Parliament might not make us or our pofterity faft after it was done. But God thought fit to prevent our applications and addreffes, and on the 24 of June and the following dayes fent plentifull showers, yet the faft was obferved: In fe

verall places the cornes ware fo brunt at the root that the rain could doe them little or no good.

On the 27 of June 1681, on Mr. Alexr. (Robert) Forbes, a young man who had betaken himself to the miniftrie, and preached frequently in Edinburgh, but could not get a church, from mifery and want, in defperation, did attempt to cut his oune throat, but was interrupted ere he got that wicked action fully perfyted; and pains was taken upon the curing of him, and the wound was fhewed up, tho he did tear it open with his hands, not being defirous to live, fo violently did the Devill affault him with his temptations. See of Cromarties and the Lord Newbotle's felfe murder alibi. This unhappy young man, Mr. Forbes, dyed within 3 or 4 dayes after the wounds he gave himselfe, like Cato.

On the 1 of July 1681, Edward Fitzharris (de quo pagina antecedente) was hanged and drawen, and to his laft breath afferted, he was threatned to say ther was fuch a Popish plot, as he in his narrative affirmed. And that fame 1 day at Tyburne, was executed Mr. Oliver Plunket, the Pope's titular primate of Ireland and Archbishop of Armach, for his acceffion to that plot; it being proven against him, not by Proteftants, but by Duffie Macmoyer and other Franciscan Friers of the Romish communion, that he intendit to bring ane army of 70,000 French and Spaniards to land at Carlingford in Ireland, and that he keeped correfpondence with Baldefchi, the Pope's fecretarie, and Principe Collonna to that effect: but fee his printed fpeach wheirin he denyes all this, and fayes theffe monks ware tempted to fwear falfely against him because he keiped a strict hand of difcipline over them. At the fame tyme, Turbervile, the principal witneffe, on whoffe depofition Stafford (fupra page 7) was condemned, came in to the Bifchop of London on a remorse, and said, he had deponed falfely against that Vicount. And on the 2d of July, the Earle of Shaftsbury, by order from the King and his councell, was committed close prisoner to the Tower of London, (wher he had been once before in 1676, but not

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