THIS morning about Nine a Clock the Court sate, there being the four Judges of His Majesties Court of Kings-Bench present, and the Jury being impanell'd and Sworn, Mr. Fitz-Harris was soon after brought thither, and his Wife being in the Court, desired the favour to stand nigh her Husband, which was granted her: Then an Indictment of High-Treason was read against Mr. Fitz-Harris, for conspiring the Death of the King, and the over-throw of the Government, and stirring up His Majesties Subjects to Sedition and Rebellion, by contriving and publishing a Dangerous and Treasonable Libel.

Then the Witnesses were called, and Mr. Edmund Everard being first, gave a large and full Account of this Treasonable Design of Mr. Fitz-Harris, with several very considerable Circumstances, to demonstrate the reality of his Testimony.

Then Mr. John Smith, one of the Discoverers of the late horrid Popish Plot, was called, who confirmed what Mr. Everard had said, giving an Account how by Mr. Eve­rard's means he was placed in a convenient Room, where he and Sir William Waller heard Mr Fitz-Harris endeavour to perswade Mr. Everard to engage in several Trea­sonable Practices, and that a notorious Libel should be dispersed abroad, to raise a disturbance between the King and his People.

Sir William Waller was next called, and spake several things to the same purpose; and it did appear, That this Libel was to be disposed among His Majesties Protestant Subjects, that it might seem they intended to disturb the Government, and that these Papers being sent to them, soon after other Persons should have followed to have search­ed them, and before they had had time to discover them to a Magistrate, should have seized those Libels about them; and that these Gentlemen were to have been prosecu­ted as Authors or Dispersers of Treasonable Libels against His Majesty and the Go­vernment.

Sir Philip Lloyd was likewise called into Court, and two or three other.

The Kings Witnesses having concluded their Evidence, and the Libel being read o­ver in Court, and compared, and several Paragraphs of a very high and Treasonable nature, which, were inserted into the Indictment, being remarkt; The Court were plea­sed to tell Mr. Fitz-Harris, That he had now Liberty to make the best Defence for himself, he could, and that he might have such Witnesses called as he desired; wh [...] [Page] thereupon nominated first Dr. Oates, who accordingly appeared, and declared what he had to say, but not upon Oath no more than the rest, since it is not allowable in behalf the Prisoner; Then Madam Wall, who belongs to the Dutchess of Portsmouth was called, and Mr. Fitz-Harris asked her several questions about Two Hundred pound which he had received by Order from the Dutchess, Mr [...]s. Wall said, That if the Court desired it, the Dutchess her self would come thither, who thereupon Ordered, That she should appear, which she did accordingly, in a very short time; and it was alledg­ed that the money given, was only upon the Account of Charity, and toward the relief of his Necessities▪ his Father having suffered very much in his Estate in the late Wars.

Collonel Mansell Mr. Sherriff Bethel, Mr. Sherriff Cornish, and divers others were likewise called into Court, and Mr. Fitz-Harris asked them several Questions.

The Lord Howard of Escrick, was then called into Court, who spoke very large­ly to several things, and gave an Account that Mr. Fitz Harris had been with him divers times, and perswaded him to come to Court, and that particularly Mr. Fitz-Harris came to him the day before the late Lord Viscount Stafford received his Sen­tence, and perswaded him to give in his Opinion That the Lord Stafford was Not Guil­ty, which he told him would be very acceptable; But the Lord Howard was pleas­ed to answer him to this purpose; That if the nearest Friend or Relation he had were so Guilty of High-Treason as he judged the Lord Stafford to be, no man should be more forward to bring him to Justice than himself.

Then Mr. Fitz-Harris added some other things in his own Defence, which being ended, Mr. Attorney General first, and then Sir George Jeffries summed up the Evi­dence, shewing the notoriousness of the Treason whereof he was Guilty, and what a World of Miseries these Practices might produce to the Nation, &c. After which the Judges perticularly gave their sence of the Heinousness of the Crime; and that the Jury should take special Care, that the Blood of the King and Kingdom should not fall upon their Heads.

The Foreman of the Jury, then desired; as we hear, to be informed by the Court whether they could safely give their Verdict in the Case of Mr. Fitz-Harris, since the late House of Commons at Oxford, had passed a Vote, that he ought not to be Tryed, but before the House of Peers in Parliament? The Court told them, they ought to take no Notice thereof, and that now they were by Oath obliged to determine the business before them, and that they should have made this Objection before; And one of the Judges was pleased to say, That a Vote of the Commons had no more Obligation upon them then a Letter from the King, which they were not bound to take any notice of.

The Jury then Withdrew, and after about half an hours Consultation among them­selves, they returned into Court, and being demanded whether they were agreed in their Verdict, they Answered, Yes; and that the Prisoner was Guilty of High-Trea­son.

The Court then broke up, and Mr. Fitz-Harris, accompanied with his Wife, who was Extreamly concerned at her hard Fate, was Guarded back to the Tower by Water, and, it is thought, will in a day or two receive his Sentence at the same place: together with Oliver Pluncket the Popish Lord Primate of Ireland, who was Tryed there the day before for High Treason, in Conspiring the Death of the King, Introducing Po­pery, and delivering the Kingdom of Ireland to the French King, to which purpose he had received and paid several sums of Money, and was to raise many Thousands of Irish, who were to joyn with the French King, upon his Landing, and that an Haven was appointed to that purpose; 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 he designed shoudl appear on his behalf were in Ireland.

But this Allegation was thought altogether Frivolous, by reason he has had so long time since he has been in Newgate to send for them over; so that upon the whole mat­ter, after a very short Consultation, the Jury brought him in Guilty of High Treason.