A true and brief account of the proceedings between Mr. David Fitz-Gerald and William Hetherington before His Majesty in councel on Friday the 11th of February, 1680/81 ... and also the articles of the said Hetherington against Mr. Fitz-Gerald : with Mr. Fitz-Gerald's answer to each article : with six high and transcendent articles preferred by the said Mr. Fitz-Gerald against the said Hetherington, fully proved before His Majesty in councel. Fitzgerald, David. 1681 Approx. 60 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A63351 Wing T2415 ESTC R37907 17151291 ocm 17151291 105932 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A63351) Transcribed from: (Early English Books Online ; image set 105932) Images scanned from microfilm: (Early English books, 1641-1700 ; 1160:34) A true and brief account of the proceedings between Mr. David Fitz-Gerald and William Hetherington before His Majesty in councel on Friday the 11th of February, 1680/81 ... and also the articles of the said Hetherington against Mr. Fitz-Gerald : with Mr. Fitz-Gerald's answer to each article : with six high and transcendent articles preferred by the said Mr. Fitz-Gerald against the said Hetherington, fully proved before His Majesty in councel. Fitzgerald, David. Hetherington, William. [2], 12 [i.e. 14] p. [s.n.], London printed : MDCLXXXI [1681] Imperfect: print show-through. Reproduction of original in the Huntington Library. 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Great Britain -- History -- Charles II, 1660-1685. 2006-12 TCP Assigned for keying and markup 2006-12 Apex CoVantage Keyed and coded from ProQuest page images 2007-01 Jonathan Blaney Sampled and proofread 2007-01 Jonathan Blaney Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion A True and Brief ACCOUNT OF THE PROCEEDINGS BETWEEN Mr. David Fitz-Gerald AND William Hetherington , Before His MAJESTY in COUNCEL , On Friday the 11 th . of February 1680 / 1. Where the Attorney-General was ordered to prosecute the said William Hetherington , and one Bryan Mac Donagh , ( that goes under the name of Bernard Denis ) a Dominican Frier that came out of Ireland in October last , who formerly belonged to a Convent at Sligoe in the Kingdom of Ireland : AND ALSO The ARTICLES of the said Hetherington against Mr. Fitz-Gerald : with Mr. Fitz-Gerald's ANSWER to each Article . With Six high and transcendent ARTICLES preferred by the said Mr. Fitz-Gerald against the said Hetherington , fully proved before His Majesty in Councel . LONDON : Printed in the year MDCLXXXI . The ensuing Interrogatories were preferred by Mr. Fitz-Gerald against Hetherington , and upon Hetherington's own Confession , and full proof , as afterwards appeared before the King and Councel , on Friday the 11 th . of February instant . Mr. Fitz-Gerald grounded his Charge against the said Hetherington , and one Bernard Dennis ( called in Ireland , Bryan Mac Donaugh ) a Dominican Frier , who is of the County of Sligoe in Ireland , as he says : This is he who used sinister means to perswade one Hugh Duffey , and several others , to swear against the Queen ; which was fully proved upon him , and an Order made to the Attorney-General to prosecute both the one and the other to the utmost of the Law , which will be speedily done : The Quaeries are as followeth . Interrogatories put to Mr. Hetherington , before His Majesty and Privy-Councel , on Mr. David Fitz-Gerald's Petition . 1. MR. Hetherington , Have you any misdemeanour , or other crime to lay to Mr. Fitz-Gerald's charge ? 2. Do you know of any Collections of Money that have been made in London for the Irish Witnesses ? if so , who were the Collectors by name , and who were the Pay-masters by name ? by whose direction or authority was those Monies demanded or received ? what method was used in applotting the same ? where was their usual place of meeting ? 3. Mr. Hetherington , How much did you receive of this Money ? who appointed you to receive it ? what have you done with it ? how much of it did you keep to your own use ? how much did you pay of it to others ? name their names , and the particular sums you paid them ? what were they to do for that Money ? and who treated with them , or to what purpose ? declare your knowledge at large to each particular . The consequences of Mr. Hetherington's Answers I humbly submit to your Majesty , and crave leave to proceed to further Interrogatories grounded on my Petition . 4. Mr. Hetherington , You said I tamper'd with the King's Evidence , and endeavoured to suppress it ; you complained of me to Justice Warcup ; you said I endeavoured to stifle the Evidence of one Mr. Dennis against the Queen ; I was summon'd to appear before a Committee of the House of Commons thereupon : Now declare , what Evidence was there against the Queen , Sir John Davis , or any other , that I endeavoured to stifle ? name the Witnesses I tamper'd with , who have any thing to say against the Queen , or any other ; I desire they may be called in . Now I desire the Opinion of this Honourable Board , whether I was unjustly conven'd before the Committee of the House of Commons ; whether I am guilty of stifling the King's Evidence , or deserve a Vindication : And I desire I may proceed further on the matter of my Petition . I alledge in my Petition , that the practices of Mr. Hetherington and others are of dangerous consequence to the Government : and before I come to shew that , I humbly ask leave to ask Mr. Hetherington the ensuing Questions . 5. Mr. Hetherington , How came you first acquainted with Mr. Edm. Morphy now in Town , one of the King's Evidence , and where ? and where was it in Prison ? if so , in what Town ? how came he committed , and for what ? and how came you also committed , and for what ? and how were you enlarged ? were not you in for Debt ? if so , how much was it ? at whose Suit ? did you pay it ? did not you get your self removed to the Kings-Bench Prison , or the Marshalsea of the four Courts , so called in Dublin ? do you know Mr. Lovet the Keeper thereof ? how got you out of Prison ? In plain terms , did not you break Prison , or steal away thence ? what sums was he forced to pay by your escape then ? and durst he touch you the last time you were in Dublin , you being ( as you pretended ) one of his Majesties Evidence ? And if you are not , who Commissioned or appointed you , or stiled you the Manager of the Irish Evidence ? 6. Mr. Hetherington , How long were you and Mr. Morphy in Dondalk Gaol together ? were you both under one Crime ? if otherwise , declare the particular cause of your commitment ? what time of the year were you both , or either of you committed ? how long were you in restraint before you knew any thing of the Plot ? how , when , where , and by whom were you made privy to it ? did you reveal your knowledge of it to any of the Privy-Councel in Ireland ? if you did not , tell your reason why ? was it because you broke Prison and ran away from Dublin ? be punctual , how long were you a Prisoner in Dondalk and Dublin before you came away ? 7. Mr. Hetherington , Have you any Estate in Ireland ? if you have , name the Lands , County , and place , and the yearly value : were you ever a Justice of the Peace in any County there ? if so , in what County there ? did you ever , as a Justice of the Peace , examine Mr. Morphy in Ireland , as a Discoverer of the Plot ? did not you perswade the people in London to believe these things ? 8. Mr. Hetherington , How came you and Mr. Morphy so great ? did you declare , that Mr. Morphy endeavoured to suborn Witnesses to swear that Mr. Smith and Baker were Confederates with the Tories in Vlster ? where was Mr. Morphy then , and some time before ? of what life and conversation ? did he then discover the Plot in Ireland ? or did he say that he knew any thing of it ? 9. Mr. Hetherington , What Money did you bring with you into England , and how much ? was it in Cash , or by Bill of Exchange ? if by Bill , who drew it ? and upon whom in London ? name the parties . Now Sir , you have an account of Mr. Hetherington's life and conversation , the principal manager of the Irish Evidence , as he stiles himself . I will now go on and prove , that instead of doing his Majesty service , or rightly managing the Evidence , he endeavoured to render his Majesty odious to his people in London , and to perswade them that the Popish Subjects of Ireland , were discharged from their Allegiance by the Pope . And that he shewed the Popes Bulls , or Briefs to that purpose , to his Majesty , and that his Majesty took no notice thereof ; that he concluded therefore his Majesty was actually in the Plot , or a Favourer of it : And that the Earl of Essex called him Rogue and Rascal for producing those Bulls . All these things he endeavoursd to insinuate into the hearts and minds of the people here , to do the King harm , and to breed confusion and mischief . 10. Let Mr. Hetherington declare if he e're received any such Bulls or Briefs , where they are now , who gave them to him , and to whom did he deliver them ? But let the Reader observe , that when Hetherington found himself to be Impeached , he popp'd in the ensuing Charge against Mr. Fitz-Gerald , though he could neither justifie nor prove any or either of the ten Articles , which defeated his malice . Articles of Misdemeanour humbly proposed by William Hetherington , against David Fitz-Gerald Gent. With Mr Fitz-Gerald's Answer to each Article , read before his Majesty in Councel . 1. THE said Fitz-Gerald , at the first coming ●●er of the Witnesses o●t of Ireland , to prove the Hellish Po●ish Plot , did s●em to be very glad of their coming to justifie their Evidence , and in particular that of Eustace Comyns , saying that he was an honest man , and was wrongfully ●lept up in Prison by the means of Sir William Davis , for discovering of the Plot , which he swore he could say more to then any of them all , and that he could charge the greatest Men , or Man in Ireland therewith , or in words to that effect : But after he saw Comyns Narrative printed , and found that several of his Friends , as he pretended , were charged therein , then he began to rail and reflect upon him , and threaten to be the Death of him ; and afterwards took occasion to abuse and revil● the rest of the Witnesses . 1. The said David Fitz-Gerald , saving to himself all advantages and benefit of Exceptions , in answer to the first Article saith , That he was then , and would be still heartily glad to see honest and credible men ( such as neither the said William Hetherington , nor Eustace Comyns in the first Article named , are reputed to be ) to come in and discover any Plot that should be against your Majesties Person or Government ; but abhors Villany , Combination , and contrivance to disturb the peace and tranquility of your Kingdoms . And further saith , That it was impossible for him to commend the said Fustace Comyns , as in truth he did not , he having little or no acquaintance with him ; only seeing him sometimes Threshing and Ditching for Mr. Manus O Brian , this Respondent's Neighbour in the County of Limerick , and knowing that he was a Fellow not above the quality of a daily Labourer , who commonly wrought for 4 d. per diem in that Country , and hearing by credible persons that he was esteemed a Rogue , and threatned to burn the said Manus O Brian's House , and stole out of Limerick Gaol , as Mr. Hetherington did out of the Black-Dog Prison in Dublin ; and the said Eustace Comyns being of no other quality or reputation as aforesaid , ( as the Lord Bishop of Limerick , Sir William King Governour of Limerick , and Lieutenant Croker and others can testifie ) it was unreasonable that this Respondent should think ( as he never did ) that the said Eustace Comyns could charge the greatest Men , or Man in Ireland with any Plot , any more then he thinks , it was otherwise then wicked in Mr. Hetherington to bring over honest men from their Habitations in Carrick and Clonmell , thinking to bribe them groundlesly to accuse some of your Majesties Loyal Subjects , thereby to affirm and countenance the Contrivances of the said Hetheringtrn and others . 2. That amongst other matters that he pretended he could prove touching the Plot , he said he could prove the Day and Time that the Duke of York was to be proclaimed King in Ireland , and that he would tell the King of it ; and that he did acquaint the Earl of Burlington , coming out from the Committee of the Lords , that he could and would hang those he had accused , and bring Great ones to prove the matters he had charged them with . 2. This Respondent absolutely denieth the charge of the second Article ; only that he told the Earl of Burlington , that the Lord Brittas and Bishop Mullony must stand to your Majesties mercy , or undergo the Rigour of the Law : He confesseth , that since his coming into England , he was very often solicited and entreated by divers persons , whom he shall name when your Majesty shall be pleased to command him , to accuse Her Majesty , his Royal Highness the Duke of York , the Duke of Ormond , the Lord Chancellor of Ireland , and Sir John Davis with the Plot , which the Respondent ( having nothing to lay to their charge ) always refused ; and then they earnes●●y requested this Respondent , since he could not swallow Oaths , and gallop along with them , not to contradict others , or to hinder them to accuse Her Majesty , his Royal Highness , and the rest of the persons aforesaid . 3. That notwithstanding the said Fitz-Gerald hath since endeavoured by many ways and means , to bring this Informant and the said Witnesses into his Majesties dis ▪ favour , and to cast reproaches upon them , the better to invalidate their Evidence ; alledging untruly , that they had received Three thousand pounds from the City of London , or some of the Citizens thereof , or some others , whom he would mention if he could . 3. To the third Article this Respondent saith , That he believes that neither the said Hetherington or Comyns ever were in your Majesties , or any good mans favour , and therefore to endeavour or take the least pains to bring them and their Witnesses into your Majesties dis-favour , or to cast Reproaches upon them , is needless , the Character enstamped upon them already by Oral Testimony , and matter of Record , sufficiently evidencing their demerits : He confesseth he said that he heard , and doth verily believe that Three thousand pounds have been collected from some of the Citizens of London , and that part thereof was paid to Sir William Waller , and other part thereof to the said Hetherington , where , ( in breach of his Trust ) paid but little or nothing of it to the Witnesses . 4. That the said Fitz-Gerald hath sometimes by Threats , other times by Feasts , Treats , Monies , Promises , and other ways of perswasion , laboured to take off the said Witnesses from giving their Evidence on his Majesties behalf ; particularly in the case of Sir John Davis ; and when all that would not prevail upon them , told them that his Majesty was displeased with this Informant's proceedings , and would be so with them , if they followed his directions ; and by these devices so affrighted them , that he got them to sign to a Petition to his Majesty did not look upon them as coming to do him Service , and that if it were so , they should readily desist appearing further , though their Intentions were really to serve his Majesty therein . That the said Fitz-Gerald , when he knew the said Witnesses were to be called into either Houses of Parliament , or some Committee relating to them , to give in their Evidence , hath endeavoured to hide them , or some of them , that they could not be found ; and when they have been found , he hath laid violent hands on them , or some of them , and would not permit them to go , until they forced themselves away from him ; and then he threatned them , and those that called them , and with an Oath said he would break Shaftsbury's Knot ; and the better to prevail with the Witnesses , acknowledged he had received for his service One hundred pounds of his Grace the Duke of Ormond , Five hundred pounds from the King , and a Commission to be a Captain ; and that his Majesty had given him two blank Patents for Baronets , the one for his Father-in-Law , and the other to be at his own disposing ; and also a Grant of the Commons of Rakeale , and all the Commons of Knock-Greary , in the County of Limerick . 4. To the fourth Article he saith , That he never in his life-time laboured or endeavoured by any ways or means to stifle or keep back any Evidence against Sir John Davis , or any other ; though at the same time he firmly believes , that Sir John Davis is a loyal faithful Subject to your Majesty , and doth from his heart abominate any Villany or Contrivance against your Majesty , he having been as scrutinous to find out the truth upon the several Examinations of this Respondent , taken before him and several others in Ireland , as any person whatsoever . He confesses he said he would break Hetherington's Knot , but denies he ever mentioned the Earl of Shaftsbury to that purpose : He confesseth he received One hundred pounds of your Majesties money out of your Treasury in Ireland , by order of the Lord Lieutenant and Councel there , and not a peny of the Duke of Ormond's own money , as is maliciously suggested ; and he received also One hundred pounds sterling more out of your Majesties Treasury in England , by your Majesties order in Councel , and no more , which is all the Respondent ever received to defray the extraordinary great charges expended by him in several Journeys in Ireland , and his Voyage from thence to this place , in prosecution of his Discovery , being far short of the real sums laid out by him purely on the account aforesaid , having spent seventeen months entirely in that Service , wholly neglecting his own private concerns . He confesseth , that he was desired by some of his Friends and Relations , to procure ( if he could ) two blank Patents for Baronets in Ireland , from your Majesty ; denies that ever he said he had a Grant of the Commons in the said Article mentioned , but confesseth that he intended to apply for the same , being parcel of his ancient Estate , and would have raised a considerable sum of Money for the procuring thereof , if it could be obtained ; and as to all and every other matter and thing in the said fourth Article contained , this Respondent denieth the same . 5. That he the said Fitz-Gerald had not only vilified and threatned the said Comyns , but had also informed several of the Members of the House of Commons , that the said Comyns was a very Rogue , and that he could produce many Records against him , and that he was not fit to be credited ; and also terrified and threatned to kill him the said Comyns , so that he was forc'd for some time to keep himself in obscurity . That the said Fitz-Gerald hath not only vilified and abused him this Informant , and the Evidence which he was concerned for , but also Mr. Thomas Samson , who came over upon his own accord to serve his Majesty in that matter , who by his Testimony therein hath given great satisfaction to both Houses of Parliament . 5. To the fifth Article the Respondent answering , confesseth and saith , That he did inform the House of Commons , that Comyns was esteemed a Fool and a Knave : whereupon , and by reason of the incoherency of the said Comyns Narrative , as the Respondent humbly conceives , the same was rejected ; but denieth that ever he threatned to kill him , or do him any other bodily harm : He also confesseth , that being provoked , he did correct Samson in the said Article named , for some sawcy language he gave this Respondent , whereof the said Samson did complain to the House of Commons , who did in hearing of his Complaint , adjudge it to be idle and ridiculous : This Respondent denieth that the said Samson came over out of Ireland of his own accord to serve your Majesty , but was wrought upon to come over out of wicked ends , by persons not yet named , ( whom this Respondent shall name , whensoever your Majesty shall be pleased to command him ) to disturb and destroy some of your Majesties good Subjects in both Kingdoms . 6. That the said Fitz-Gerald being examined by a Committee of the House of Commons , against Sir John Fitz-Gerald , refused to give his Evidence ( being his Relation ) unless the Committee would promise to intercede to his Majesty for his the said Sir John's Pardon : And before a Committee of the Lords , in his Evidence he charged Col. John Fitz-Patrick , and Sir Edward Scot , to be Confederates in the Plot , but at the Lords Bar would not , though asked ; and left their Names out in his Narrative published in print , of his own knowledge , in that matter hts mind being since altered , upon what considerations may well be judged : He also said before the said Committee , that he fared the worse because they knew the King had a kindness for him . 6. To the sixth the said Respondent saith , That he did never mention to the Committee of the House of Commons for a Pardon for Sir John Fitz-Gerald , otherwise then as followeth : ( viz. ) That the Committee asking this Respondent what he knew concerning Sir John Fitz-Gerald , and the Respondent answering , That what he had to say against him , was mentioned in his Narrative then in his hand , which he adhered unto ; a Member of the Committee thereupon demanded , whether the said Sir John would own his being in the Plot ? To which the Respondent then replied , he did not conceive it would be proper for Sir John Fitz-Gerald ( if he knew he was guilty ) to accuse himself , before he was sure of his Majesties pardon ; or words to that effect . He also saith , that he declared at the Bar of the Lords House , that by flying report he heard that Col. John Fitz-Patrick , and Sir Edward Scot were concerned in the Plot ; but how far they were concerned therein , this Respondent did not , nor doth not charge them with of his own knowledge : He denieth to have altered his mind , or to deviate from Truth or Justice ; and hopes that God will not leave him , after the example of Hetherington and others , to follow evil ways , and promote wicked designs , upon any temptation whatsoever : And therefore he doth not understand Hetherington's meaning , who saith that the Respondent's mind is since altered , upon what considerations may be well judged , the same being absolutely false , and scandalously insinuated . And the Respondent further answering , saith , That he being summoned to answer Hetherington's complaint , before a Committee of the House of Commons , the said Hetherington urged as a great crime in this Respondent , that he was a Favourite of your Majesties ; to which this Respondent answered , that supposing he were , ( as he never had the vanity to pretend unto any such thing ) he hoped he should not fare the worse for that . 7. That the said Fitz-Gerald asked the Witnesses , or some of them , whether they retained the Romish Religion yet , or no ; who replied , they did : for which the said Fitz-Gerald commended them for so doing , for that the Protestants would only make use of them for their own purpose and advantage , and afterwards would hang them . 7. To the seventh the Respondent saith , That he was , and is still of opinion , that the Testimony of such Witnesses as were all their life-time Papists , would bear more credit , by their not publishing their changing of their Religion , until they had first given in their Evidence ; but after that done , it behoved such of them as were Priests , and whose Judgments were convinced , to declare their Conformity to the Church of England , lest they be questioned upon the Statutes . 8. That the said Fitz-Gerald also told the said Witnesses , or some of them , that the King was satisfied that the late Lord Stafford was innocent , denying the Fact at his death , or words to that effect ; and that his Majesty was resolved not to Try any more of the Lords in the Tower : And after the Parliament was prorogued , he told the said Witnesses , or some of them , that he would remove their Nests . 8. As to that part of the eighth Article , ( viz. ) That the Respondent also told the said WItnesses , or some of them , that the King was satisfied that the late Lord Stafford was innocent , denying the Fact at his death , or words to that effect ; and that his Majesty was resolved not to Try any more of the Lords in the Tower : The Respondent saith , the same is utterly false , malicious and hellish , and humbly submits it , whether any man in his right wits , would utter such horrid things , which never entred into the imagination of the Respondent : so as he humbly hopes , your Majesty will look upon this as a design of the said Hetherington's merely to defame this Respondent , and render him as obnoxious to your Majesty , as the said Hetherington has made himself infamous to such as know his pernicious practices : And as to the residue of the said Article , this Respondent confesseth he would endeavour , if he could , to have the said Hetherington removed from the said Witnesses , to prevent his continuing of those attempts he had formerly used , of perswading the Witnesses falsly to accuse persons , against whom they declared they had no crime to object . 9. That he the said Fitz-Gerald had kept continual correspondency and familiarity with the four Witnesses which were brought over by a Messenger from Ireland ; and a Person of Quality perceiving it , told him that he had not observed the Orders the Commons gave him , which was , that he should not come near any of the Evidence , nor converse with them : the said Fitz-Gerald reply'd , that he was commanded by the King to come there ; and also gave the said Person of Quality very scurrilous and abusive language . The said Fitz-Gerald also abused the said four Witnesses , or some of them , and asked if they came to hang poor Plunket . 9. To the ninth the said Respondent answering , confesseth , that he had ordinary converse with the four men , that lately came from Ireland , namely Manrice Fitz-Gerald , Morlagh Downing , George Coddan , and Paul Gor●ly , the two first giving him an account of his Wife and Family , which he conceives to be no crime in him ; knows not what Person of Quality the said Hetherington means ; if it be Sir Henry Ingoldsby , as he can guess no other , this Respondent hath already given an account of what pass'd betwixt Sir Henry and this Respondent , though this Respondent cannot but admire what Sir Henry had to say to those persons , and to what purpose , and on what design , or by what authority did he come to them : But to what pass'd betwixt this Respondent and the said four persons , this Respondent referreth himself to them , who are yet in Town . 10. That the said Fitz-Gerald said he was abused , because he would not accuse the Duke of Ormond , and the Chancellor of Ireland , which he knew to be as honest men as any in the three Kingdoms . William Hetherington . A true Copy , John Nicholast 10. To the tenth this Respondent answering , confesseth that he said , and he still saith , and is ready to depose , whensoever your Majesty shall think fit , that several persons did labour to perswade this Respondent to accuse the Duke of Ormond , and the Lord Chancellor of Ireland , of the Plot , as also Her Majesty , his Royal Highness , and others , as he hath already in his Answer to the second Article declared ; and he also confesseth , ( which he conceives to be no misdemeanour in him ) that he in his conscience believes that the Duke of Ormond , and the Lord Chancellor of Ireland , were never concerned in any Plot or Contrivance against your Majesties Person or Government , but are true and firm to your Royal Interest : And ●e further saith , that he believes that the persons who designed , or do still design to impeach or accuse them thereof , or of any such abominable practices , do ●bhor and detest your Royal Government , and the happy state and condition of your Kingdoms : And the Respondent also saith , that the reason why the said Hetherington has so much falsly abused this Respondent , was for that he the Respondent would not comply with the said Hetherington to ac●use the aforesaid persons . And this Respondent having in obedience to your Majesties Order in Councel , bearing date the 4th ▪ day of February instant , answered the said Articles exhibited against him by the said Hetherington as aforesaid , doth with all humility submit himself , and his said Answer , to your Majesty and this Honourable Board , and doth humbly pray your Majesties severe Reprehension , or gracious Vindication , as his Case shall deserve . And as in duty bound shall ever pray , DAVID FITZ-GERALD . Mr. David Fitz-Gerald's Arguments against Hetherington's Articles before his Majesty in Councel . THE said David Fitz-Gerald being convened the last Session of the last Parliament before a Committee of the House of Commons , upon the complaint of the said Hetherington , alledging that the said David Fitz-Gerald stifled Evidence against the Queen , and others , in relation to the Plot , was discharged by the said Committee , and received a just Vindication : Whereupon the said David petitioned the House of Lords to the same effect , with the following Petition ; and before any progress could be made thereon , the Parliament was dissolved : so as he was forced to address himself to his Majesty and Councel by Petition , the substance whereof is briefly thus . That some collections of Money hath been made , and applied to the disposal of the said Hetherington and others , the said Hetherington pretending himself to be the Manager of the Irish Evidence ; That the Petitioner hath great reason to fear , that the consequence thereof will be prejudicial to his Majesty and the Nation in general ; That the said Hetherington had publickly defamed him , as a person that should endeavour to stifle some Irish Witnesses against the Queen , Sir John Davis , and others , and by sinister means to prevent their Testimony ; That the Petitioner conceives , that this is a practice set on foot of purpose to prevent the true discovery of the Plot , and hath just cause to suspect the same ; and that the said Hetherington will attempt his life , as he did his reputation ▪ And because the Petitioner can prove by several instances , that he hath always encouraged the Witnesses to discover the whole Truth , and to conceal nothing thereof ; and because he hath just cause to fear the great disadvantage and dishonour that may ensue such practices to his Majesty , ( if not speedily prevented ) he made this Address to his Majesty in Councel , that such foul and dangerous practices may be detected and defeated , and that the Petitioner himself ( if guilty ) may receive condign punishment , but if innocent , a just Vindication . And so he prayed a speedy day for the hearing of the matter of his Petition and Summons , requiring Mr. Hetherington , and such as shall appear to be his Confederates , to Answer ; and Summons for his own Witnesses to prove the Charge in his Petition . Hereupon the said Hetherington appeared personally at the Councel-Board , where he was examined by the Lord Chancellor in full Councel ( his Majesty then present ) upon the Interrogatories before specified , which the Petitioner delivered in writing under his hand : And by Hetherington's own Answers thereunto , ( appearing by the Minutes taken by the Clerk of the Councel ) it is evident , that some Money hath been collected in London ; that Hetherington received part of it ; that there was no Evidence against the Queen , or any other , that the Petitioner ●…fled ; that Hetherington is a Fellow of ill life and conversation ; that he was in Dundalk Gaol for holding correspondence with the Outlaws and Tories in Ireland ; that he was these two years past in the Marshalsea in Dublin , and broke Prison there , and so came for England ; and that he is not worth a shilling , &c. Now to anticipate Mr. Fitz-Gerald's proceedings against him on the said Petition , Hetherington exhibits Ten Articles of Misdemeanour against Mr. Fitz-Gerald , the substance whereof is briefly thus . 1. That Mr. Fitz-Gerald at the first coming of the Witnesses out of Ireland , cherished the Witnesses , commended Eustace Comyns one of them , and said he could accuse the greatest Men , or Man in Ireland : but afterwards threatned to kill him , and took occasion to abuse and revile him , because he accused some of Mr. Fitz-Gerald's Friends . Answ . 1. That he would be glad to see honest men to appear for the King ▪ that Hetherington and Comyns were none ▪ th●● he never did commend Comyns ; that he was but a Thrasher and a Labourer at 4 d. per diem with Mr : O Brian , Mr. Fitz-Gerald's Neighbour in the County of Limerick ; that it was unreasonable to think such a Fellow could accuse the greatest men , or man in Ireland . 2. That Mr. Fitz-Gerald said he could prove the day and time when the Duke of York was to be proclaimed King in Ireland ; and that he acquainted the Earl of Burlington he would hang those he accused , and bring Great ones to prove the matters he had charged them with . 2. He denies this charge ; he told the Earl of Burlington , that those he accused must submit to his Majesties mercy , or undergo the rigour of the Law ; he saith he was earnestly solicited , since he came to London , to accuse the Queen , the Duke , Ormond , Chancellor of Ireland , and Sir John Davis of the Plot. 5. That Mr. Fitz-Gerald laboured to bring Mr. Hetherington and the Witnesses into his Majesties dis-favour , and to cast reproaches upon them ; and that 3000 l. was collected for them in London . 3. He says it is needless to labour that , Witnesses and Records prove him and his Witnesses to be Villains ▪ be confesseth , that he believeth such Collections have been made ; that Sir Will. Waller received part of it , and Hetherington another part of it , but paid nothing of it to the Witnesses . 4. That he endeavoured to take off the Witnesses from giving their Evidence on his Majesties behalf , particularly in the case of Sir John Davis ; that he told them , his Majesty was displeased with Hetherington's proceedings ; that he procured them to Petition his Majesty , intimating they were informed his Majesty did not look upon them , as coming to do him Service ; and that if it were so , they would desist appearing further . That he did use to hide the Witnesses , when they were called upon by either of the Houses of Parliament ; that he laid violent hands on some of them ; that he swore he would break Shaftsbury's Knot ; that for this Service he had 100 l. from the Duke of Ormond , * 500 l. from the King , a Commission to be a Captain of Foot , and two blank Patents for Baronets . 4. He denies to have stifled any Evidence against Sir John Davis ; he confesseth he said he would break Hetherington's Knot , but dou●●s he ever mentioned the Earl of Shaftsbury to that purpose ; he confesseth to have received 100 l. out of the Treasury in Ireland , by Order of Councel there , and no more , and not a peny of the Duke of Ormond's money ; 100 l. more in England by Order of Councel , out of the Treasury , and not a peny more ; he confesseth he was desired to procure the blank Patents ▪ and that he would lay out money for a grant of those Commons , being part of his ancient Estate , if it might be obtained . 5. That he informed several Members of the House of Commons , that Comyns was a very Rogue ; that he could produce many Records against him ; that he was not fit to be credited ; that he threatned to kill him : That he also abused Mr. Thomas Samson , who came over upon his own accord to serve his Majesty , who by his Testimony gave great satisfaction to both Houses of Parliament . 5. He confesseth that he did inform the House of Commons , that Comyns was a Knave and a Fool , and that by reason of the incoherence of his Narrative , he conceives it was rejected ; he denieth to hare threatned him ; he confesseth , that being provoked , he did correct Samson for sawcy language ; he denies that Samson came out of Ireland to serve the King , but was wrought upon to come over to disturb and destroy your Majesties good Subjects . 6. That before a Committee of the House of Commons he refused to give Evidence against Sir John Fitz-Gerald , unless the Committee would promise to intercede to the King for his Pardon : That at the Lords Bar he accused Col. Fitz-Patrick and Sir Edward Scot , and left their names out in his Narrative . 6. He denies the first part , prout answer more particularly ; he only heard by flying report they were present at Consults in Dublin , and said no more of them at the Lords Bar. 7. That he commended some of the Witnesses for retaining the Romish Religion , for he said , that the Protestants would make use of them for their own purpose , and hang them afterwards . 7. He saith , he was and is still of opinion , that the Testimony of such Witnesses as were all their life time Papists , would bear more credit by not publishing the change of their Religion ; but after that done , the Priests must conform , lest they may be questioned on the penal Statutes here in England . 8. That he told some of the Witnesses , that the King was satisfied of the Innocency of the Lord Stafford , and that his Majesty was resolved not to Try the Lords in the Tower ; and said , that after the Parliament was prorogued , he would remove the Witnesses N●●●● . 8. He denies that presumption ▪ but confesseth he did and will endeavour to remove him , he being a wicked Suborner , &c. 9. That he kept continual correspondency and familiarity with the four Witnesses that came lately from Ireland , contrary to the order of the Committee of the House of Commons ; That he reviled and abused a Person of Quality , that reprehended him for so doing ; That he abused those four Witnesses , and asked them if they came to hang poor Plunket . 9. He denies this ; he refers himself to the four Witnesses , namely Maurice Fitz-Gerald . Mortagh Downing , George Codden , and Paul Gormly ; if he means , by that Person of Quality , Sir Henry Ingoldsby , he refers himself to the Board as to that . 10. That he said , he was abused because he would not accuse the Duke of Ormond , and the Chancellor of Ireland , which he knew to be as honest men as any in the three Kingdoms . 10. He confesseth , as in his Answer to the second Article , he was solicited to accuse them , and also the Queen , and the Duke of York ; he knoweth nothing against them ; he saith , Hetherington abuses him thus because he would not comply with him to accuse the said persons . Hereupon an Order was conceived by his Majesty in Councel the 4 th of February instant , that a Copy of the said Articles should be delivered to Mr. Fitz-Gerald , to return his Answer in writing , and also that Mr. Fitz-Gerald should exhibit his Charge against Hetherington ; both which Mr. Fitz-Gerald performed , the substance of his Answer being briefed in the margin to each Article , as before ; and his Articles against Mr. Hetherington , with the proof of each Article , is briefly as followeth . Read the Articles at length . 1. That he broke Prison in Dublin ; that he corresponded with the Outlaws and Tories in the North of Ireland ; that he was for the same imprisoned at Dundalk ; that after breaking Prison in Dublin , he fled over into England ; that he pretended to be a Justice of the Peace in Ireland , to gain himself reputation here ; that he had no money in his purse but 1 s. 6 d. and his Apparel not worth half a Crown ; that he procured himself to be stiled , the Manager of the Irish Evidence ; that he endeavoured to suborn Witnesses to accuse persons of the highest Quality under the King , of Treason . As to his breaking of Prison , vide his confession to the 5 th Interrog on the Minutes ; that he corresponded with the Tories , vide his confession at to the 5 th Interrog . that he was upon su●pi●ion of it committed to Dundalk Geol then , call Ja. Murphy , Owen Murphy , read their Letters or Depositions , or examine them personally upon Oath 〈◊〉 that he pretended to be ; but was no Justice , vide his confession on the 7 th Article ; to prove his poverty ; call Mr. Bradly and Mr. Roberts , vide his Answer on the 9 th Interrog . Constat , he is so called ; ask him who made him a Manager : that he endeavoured to suborn Witnesses against the Queen , the Duke of York , &c. call Hugh Duffy , John Mac Cleve , John Moyre , George Murphy . 2. That Hetherington got 100 l. of the Kings money , that he kept all to himself , and did not distribute it according to Orders , only 10 l. he gave the four Priests ; and that he received monies in London for the Irish Witnesses . Let Mr. Hetherington prove what he did with the money , and bring Witnesses viva voce , if he can . To prove he received the 100 l. call Mr. Squib an Officer of the Treasury , and shew the Orders and Receipts ; that he did not pay the money over as he should , call John Moyre , Edm. Murphy , Daniel Fynane , James Callahan , these were to receive part , and did not : to prove the money collected and received in London , call Mr. Roberts on Oath , &c. 3. That he laboured to bring an odium upon the King ; that he declared he brought a Bull or Brief out of Ireland , under the Popes Seal , &c. as in the Article . Let Mr. David Fitz-Gerald have his Oath ; let him declare the place at Westminster , the place with the Parliament-man , the place in London before Capt. Morley . Let John Mac Nemarra's Oath to this point , upon the last and 10 th of my Interrogatories , be read ; and let Mac Nemarra be asked , if he did not confess it before a Committee of the House of Commons : let Burk also be examined to this ; though they both now , to prop up themselves , side with Hetherington : so as I desire to know whether there be good proof without them . Fully proved . 4. That the said Hetherington intending to take away the lives of the Queen , and the Duke of York , and to weaken the Kings Interest in Ireland , &c. did endeavour to suborn Witnesses against the Queen , the Duke , Ormond , and the Chancellor of Ireland . This is proved on the first Article ; but if you require it call Hugh Duffy , John Mac Cleve , John Moyre , George Morphy ; all proved by the aforesaid persons . 5. To prove his correspondence with Hanlan , and the rest of the Tories in Ireland , and endeavoured to procure them to come in to discover the Plot , ( though falsly . ) First , that Hanlan and his Confederates are proclaimed Rebels and Traytors , call the Right Honourable Lord Conway , one of the Councel in Ireland . This appears on the first Article , Hetherington being committed to Dundalk Gaol : and if your Majesty be not satisfied , call James Morphy and Owen Morphy , and let Secretary Jenkins shew James Morphy's Letter . James Morphy proved the same . 6. That he hath brought over Witnesses out of Ireland , as he pretended , &c. Call John Luker , Peter Linch , Michael Rely , and Keho ; fully proved . Let them declare if one Geoghan a Frier did not go hence from England , and had his Majesties Warrant , ( which is the same that Mr. Hetherington procured ) and that they were harrassed upon this Warrant : that John Power Esq a Justice of the Peace , was on his relation imprisoned in Waterford ; so was Mr. Richard Fitz-Gerald , a great Dealer and Trader ; so was Matthew Hore Esq John Nugent Esq Mr. Dalton the Minister of Dungarvan , a Justice of Peace , threatned : he hath got a deal of Monies in several places ; others he forced from their Houses , &c. let him declare the misery and trouble the Country is put in ; and that this Geoghan is now for his great Villany committed in Dublin by the Lord Lieutenant . Now it is easie to make appear , that there was but one blank Warrant obtained , and hereupon these Carrick men were brought over . The Charge proved to the full . ARTICLES of a most high and 〈◊〉 〈◊〉 presented and exhibited to the Kings most Excellent Majesty , and to the Right Honourable the Lords of his Majesties most Honourable Privy-Councel , by David Fitz-Gerald , against William Hetherington , in obedience to his Majesties Order in Councel bearing date the 4 th day of February instant . 1. THE said David Fitz-Gerald , praying the liberty at any time hereafter , as occasion shall require , to explain the Articles hereafter following , and ●urther to Impeach the said William Hetherington , doth now most humbly say and propose , That the said William Hetherington , having broken Prison in Dublin , corresponded with Hanlan , and the rest of the Outlaws and Tories in the North of Ireland , and having defrauded and cheated many of his Majesties good Subjects in that Kingdom , repaired into England , and untruly pretended to some of his Majesties good Subjects here , to gain himself reputation and credit in England , that he was sometimes a Justice of the Peace in some County in Ireland , and had a considerable Estate there , though he had but eighteen pence in his Pocket when he came to London , and all his Apparel was not worth half a Crown ; procured himself ( but by what , or whose means or Authority , this Proponent doth not yet know ) to be stiled , the Manager of the Irish Evidence , thereby to have the opportunity to relieve his distress ▪ though by the shipwrack of his Conscience , and utter ruine of his Soul ; and also by suborning Witnesses to accuse Persons of the highest Quality , next and under his Majesty , of Treason , and to accuse others of the like crime , thereby instead of serving his Majesty , according to the duty of his pretended Office , to disturb his Majesties happy reign over his Subjects , and the peace and tranquility of his Kingdoms . 2. That the said Hetherington , the better to effect his said wicked designs , got into his hands One hundred pounds of his Majesties money , to be distributed amongst the Irish Witnesses , who were all needy , and miserably poor , which sum he converted to his own use , but Ten pounds only he distributed amongst four Priests , and others of the Witnesses ; and hath also received divers sums collected in the City of London , for the Irish Witnesses , wherein he hath not justly discharged his Trust . 3. That the said Hetherington laboured all ways and means he could , to render his Majesties Royal Person and Government odious , as well to his Subjects of England , as of Ireland , and to induce them to a belief , that his Majesty is a favourer of Papists and Popery , thereby to stir up the people to Rebellion , both in England and Ireland ; for he the said Hetherington did divers times , in open Companies and places in the City of London , and elsewhere , publish and declare in the hearing of his Majesties Subjects , that he brought with him out of Ireland into England , a Bull or Brief under the Seal of the Pope , or Bishop of Rome , discharging his Majesties Popish Subjects of Ireland from their Natural Allegiance to his Majesty ; And that he himself in person , did shew and produce the aforesaid Bull or Brief to his Majesty , and acquainted his Majesty with the tenour thereof ; and that his Majesty took no notice of it , but in and towards the favouring and countenancing of Papists , and for the introducing of Popery , did reject the same . 4. That the said Hetherington , intending to bring the Queens Majesty , and his Royal Highness the Duke of York , into the hatred of his Majesty and of all his Subjects , and to deprive them of their Lives , Estates , and Royal Dignities , and also intending to weaken his Majesties Interest in Ireland , and draw away the affections of his Subjects there from him , hath by entreaties and other ways of perswasion , endeavoured to suborn Witnesses to swear , that the Queens Majesty , his Royal Highness the Duke of York , and the Duke of Ormond , as also that the Lord Chancellor of Ireland , and others his Majesties loyal and faithful Subjects , were privy to , and principally concerned in the Plots both in England and Ireland , against his Majesties Person and Government . 5. That the said Hetherington , the better to compass the enterprizes aforesaid , and to strengthen his proof against her Sacred Majesty , his Royal Highness the Duke of York , the Duke of Ormond , and others as aforesaid , as also to anticipate the said Duke of Ormond , Lord Lieutenant of Ireland , his endeavours to reduce Hanlan , and the rest of the Tories in the North of Ireland , to their due obedience , hath for some time past held , and still doth hold , private correspondence with the said Hanlan , and other Outlaws and Tories in the North of Ireland , though many of them are guilty of Murthers , and Outlawed or proclaimed Rebels , according to the course of the Laws there : And did by his Letters invite the said Hanlan and his Confederates , to give out in speeches , that he and his Confederates were privy to the Plot in Ireland against his Majesty , and that he and they could prove that her Majesty , his Royal Highness the Duke of York , the Duke of Ormond , and the Lord Chancellor of Ireland , were principally concerned therein , so as such Declaration might be made publick here in England : That then if Hanlan would but send him the said Hetherington a competent sum of money , and would really swear ( though falsly ) against the Queen , his Highness , and the rest , he would under pretence of such his discovery of the Plot , and giving Evidence as aforesaid , obtain his Majesties Pardon for the said Hanlan and his Confederates , for all Treasons , Murthers , Felonies , and all other offences whatsoever ; thereby intending no good to his Majesty and People , but confusion and trouble , and to put a piece of Hanlan's money into his own Pocket , and to suborn the said Miscreants to swear as he should dictate to them , hoping to better his condition by the ruine of his Majesties good Subjects , that he projected would ensue thereupon . 6. That he pretended to have a great many substantial and credible Witnesses in Ireland , to prove the Irish Plot , whose Names he could not then remember , as he alledged , and therefore obtained a blank Warrant from his Majesty , to fetch over the said Witnesses into England : That under colour thereof , he hath by his Emissaries there caused several Gentlemen , as well Papists as Protestants , and Justices of the Peace in many Counties , Towns , and places in Ireland , to be Imprisoned , forced other ignorant men to pay monies for not troubling or molesting them , and at length brought over into England ( amongst others ) six honest persons , Inhabitants of Carrick and Clonmell , as Witnesses , and on their arrival in London , imployed one Eustace Comyns to perswade them to swear against their knowledge , in Affirmance and Justification of what Comyns had already untruly sworn ; And this he did purposely to abuse his Majesties Warrant and Royal Authority , to put his Majesty to great charges , to amuse the Vulgar , to hinder the said persons in their own private concerns , because they would give his Emissaries no monies , to discourage Trade and Dealing in Ireland , and to create an universal disquiet , and terrible apprehensions in the hearts and minds of his Majesties Subjects there , of imminent and sudden dangers and calamities , the said Hetherington thereby labouring and wickedly designing to bring an odium and scandal upon his Majesty , and his Royal Government . All which Articles the said David Fitz-Gerald is ready to aver and prove , as his Majesty and this most Honourable Board shall award : And humbly prayeth , that the said Hetherington may be committed , or so secured , as that he may be compelled to Answer the same : For that the said David Fitz-Gerald hath good reasons to believe , that the said Hetherington will not abide a Hearing in this cause , but will make his Escape with Impunity , to the Encouragement of ill men , and in contempt of his Majesty and this Honourable Board ; wherein the said David Fitz-Gerald humbly submitteth to his Majesty , and your Lordships great wisdom and direction . FINIS . Notes, typically marginal, from the original text Notes for div A63351-e210 Granted . In Dondalk Gaol . After his denials , as last confessed that he brake Gaol in Dublin , and stole away . No answer to that . Made no discovery . No. Very little , but borrowed , but forgot the mans name . Stood up to justifie the Bull or Brief , but at last was utterly convinced . Sir John Davis is Clerk of the Privy-Councel in Ireland , and a Member thereof . The said Hetherington has spread several Libels and Pamphlets of Mr. Fitz-Gerald , which he and the Printer are like to smart for . Nota. * Note here , he would make the King author of stifling the Evidence of the Plot , and the discovery of it ; which ought not to pass without due reprehension . Note , this Samson is one of the Witnesses that accuses the Earl of Tyr●ne . Note , that he would make it a crime for a man to declar the honesty of these two Great men . As to Hetherington's life and conversation , shew Se● jeant Osborn Certificate , who goes Jud● in the North Circuit in Ir l●nd sometimes .