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 â—â—er of the Witnesses oâ—t of Ireland to prove the Hellish Poâ—ish Plot did sâ—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 â—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 revilâ— 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 earnesâ—â—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
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 â—…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 thâ—â— 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 douâ—â—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
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 â—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 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 Tyrâ—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 Seâ— jeant Osborn Certificate who goes Judâ— in the North Circuit in Ir lâ—nd sometimes