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
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
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 Gorâ—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 â—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 â—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 acâ—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