could bear to be preferred against him and the Iudges having carefully provided that no PAPIST nor any suspected to be POPISHLY affected shou'd pass upon the Tryal of him which came on the last Michaelmas Term in the Kings bench Where a Iury all consisting of the strictest protestants and ablest Cittizens of the City of Dublin did appear where SMITH had the greatest liberty and latitude afforded to him and which he made use of in the proffering and management of his evidence that any Court did ever give or Witness take and where St. LAWRENCE whose person I know not and whose professien I abominate and therefore you may be sure I speak impartially what was observed universally had nothing beyond meer Iustice extended to him and as a part thereof was that of Allowance of Counsel to plead for him which the LIBELLER with more Malice than Law makes his Observation upon to be rekon'd since he standing indicted for misdemeanor only no Iudicature cou'd have refused it to him Iustly so as all things seemed to concur if not to have been calculated for St. LAWRENCES Condemnation except SMITH himself who by variety of villanies proved upon him in other Cases which he cou'd not deny and by many and palpable incoherences and contradictions that fell from him in this Case which were not to be reconcil'd did wholy prevent it for they were the reasons that particularly swayed with the Jury to acquit St. LAWRENCE by their verdicts and generally made all others who heard them to do the like in their Judgments and these were the motives which made the Gentlemen of the long Robe as they have declared to forbear because they were ashamed to appear on the behalf of such a blur'd and stellionated Creature and none of those wild instances which the LIBELLER invents and mentions only to debase them and to reflect upon Authority and which it is to be observed he at once insinuates to be believed by others and yet expresly says he will not so much as conjecture them himself so as he needed not in the Conclusion of this his fable of SMITH have any more told us that he was no diviner than I need tell you after all this that he is an idle Dreamer The next man our LIBELLER produces is JAMES MORLEY whom he Stiles Captain MORLEY though I know not for what reason unless it be because of his appearing at the head of the band of IRISH WITNESSES which somtime since Marched to LONDON and of his drawing them up with what he would have them swear unto for him but however true he may be in giving of that Title to him I am sure he is most false in those things he relates of and possibly from him and because the LIBELLER will not be long before he makes my words good though neither I nor all the World will ever be able to make his so he no sooner mentions the name of MORLEY but as if it were a spell to raise a lye with he falls plum into the telling of one concerning him by introducing and expressing of him to have appeared and Sworn before the Committee of LORDS and COMMONS in England two Consults which the Papists had in Ireland in reference to the extirpating the Protestant Religion in that Kingdom whereas it appears by MORLEYS Examination taken either before a Committee of the LORDS or of the COMMONS or both that he did not swear to those Consults but only to a hearsay touching them which he said he had from HUBBERT TIRRELL Henry ô Neal who it is to be observed were two Beggars such miscreants that an honest and a discerning PROTESTANT who knew them as well as MORLEY did wou'd hardly have adventur'd to repeate any thing after them much less to conduct what they shou'd say unto publick assemblies in prejudice of any who was a PROTESTANT also especially Considering that as it is well know MORLEY had such experience of their villanies as before that time he did reject their proferr'd Oaths to him in some Trial which he had in this Kingdom however afterwards he became so reconcil'd to them as in the last PARLIAMENT at Westminster to make use of their names for injuriously accusing of Sir IOHN DAVIS a person who with all his Relations have ever been eminent professors of the PROTESTANT Religion and for that reason known to be obnoxious to the POPISH Party and it is besides to be remarked that Tirrell has lately and solemnly disavowed his ever having known of any such Consults and declared that what he had informed concerning them was a meer fiction which as TYRRELL alledges MORLEY prompted and hired him to make and to get others to swear unto for carrying on some designs of his own and what is yet more remarkable ô NEAL who was lately hang'd for a Robbery in this KINGDOM did just before he was thrown off the Ladder Confess himself to be perjured both in what he deliver'd as to those CONSVLTS and in what he had sworn against Sir JOHN DAVIS and that he was by MORLEYS desire led into the latter perjury which Confession coming from one in the instant he was going to the dead must be convincing with all but such who will not be perswaded thô one rose from the dead After the LIBELLER has thus begun and dispach'd this untruth of MORLET who has no reason to con him thanks for it since it has provoked and produced the representation of these truths concerning him he growes upon his own hands and to shew his proficiency in the lying-trade he proceeds to the delivery of a grosser falcity in asserting that six or seaven witnesses have been procured to depose in this Kingdom that MORLEY was suborned by the Earls of ESSEX and SHAFTSBURY and by Sr. ROBERT CLAYTON to swear treason against the Duke of ORMONDE the Lord CHANCELLOR BOYLE and Sir JOHN DAVIS whereas upon search in the Offices where things of that nature if any had been wou'd be lodg'd and upon inquiry from the Officers who cou'd not but know of them if they were there it cannot be found that ever any one such deposition was taken or so much as heard of but several Examinations and with probability of truth too considering the before mentioned proceeding of MORLET do appear of his Contrivances of that kind with people of infinite lower rankes and it is to be hoped of infinite different principles too than it can be thought the Earls of ESSEX and SHAFTSBURY and Sir Robert CLAYTON are of who the Lord Duke of ORMONDE and those named with him do not suppose wou'd Imbarque themselves with such a sort of man as MORLEY is and in such manner of Designs as he was upon so as the setting up of these imaginary depositions which never had being but in this LIBELLER's idle brain and in his Idler LIBELL must have been a piece of MORLEY'S magick by such Incantations to charm those persons of Quality to stand by him in this
into this Kingdom about the year 1666. for propagating such the Doctrine of it which no Loyal Protestant cou'd be against was pleased to send his instructions to my Lord Duke of Ormonde His then Lord Lieutenant for his suffering of Peter Walsh to meet with some Titular Bishops at that time here to perswade them by his Arguments and to gain others of the Papists by their Examples to subscribe unto that Remonstrance which meeting His Grace accordingly Permitted but onely and so strictly to that end proposed as He was both vigilant in seeing that those Bishops did not make use of it to any other purpose and careful in providing that they shou'd not take up too much time even in the doing of that business and therefore very early perceiving that they cou'd not come to such an Agreement as might produce the effects which were expected He Ordered them not only to disperse but to quit the Kingdom insomuch that afterwards when His Grace was call'd from the Government there were not above three Popish Bishops remaining two whereof were Bedrid and the third absconded althô when His Grace returned again to the Government in immediate Succession to my Lord of Essex he found no less then thirteen of them to be here and them he has caused to be driven out also and this sufficiently confutes the LIBELLERS allegation of His Graces conniving at the Popish Hierarchy being introduced which in English is Governance since He did thus expel the Governors in whom it resided Thirdly That when the PLOT was to have been executed in ENGLAND anno 1678. there were no fewer than fifteen Sheriffs in IRELAND who were either professed and avowed PAPISTS or such as bred and educated their Children in Religion The Notorious untruth whereof appeares by Original Roll of the SHERIFFS of that Year whose Names are placed in the Margin * Co. Dub Ja. Springham 〈◊〉 Co. Lowth Ja Smallwood Eâ—â— Kings Co John Leyster Esq Co Wexford John Tench Seniâ—â—â— Co Kilkenny John Kealy Esq â—â—ing within the time Hen 〈◊〉 was made Sheriff the 23 〈◊〉 April 1678 Co Meath Nath. Poole Esq Queens Co William Gilbert Eâ—â— Co Wicklow Christopher Usher 〈◊〉 Co Kildare Edward Baggot Esâ— Co. Westmeâ—th Edward Terill Eâ—â— Co Catherlagh George Beech 〈◊〉 Co Longford Geo Conyngham Eâ—â— Co Coâ—k Richard Hull Esq Co Limerick John Oddell Esq Co Kerry william Ryves Esq Co Waterford Tho Christmas Esâ— Co Clare Thomas Hickman Esq Co Tipperary Tho Osborne Esq Co Gailaway Char. Holcraft Esq Co Leytrim Henry Crofton Esq Co Sligo Roger Smith Esq Co Mayo Sr. George Bingham Bar. Co Roscommon Ed. Gardiner Esq Co Donegall Geo. Vanghan Esq Co Tyrone John Moderale Esq Co Fermanagh Ferdinando Davis Co Antrim Edw Harrison Esq Co Armagh Godfry Walker Esq Co Monaghan Rich Johnson Esq Co Down Hugh Eccleâ— Esq Co Cavan John Coyn Esq Co City of Londonderry James Morison and Char. Newtowne to abide all scrutiny if there shou'd be Occasion not one of them there mentioned being so principl'd or suspected to be so quallified especially by my Lord Lieutenant who cannot be supposed to know every Mans person much less to look into his heart who happens to be placed in that Office and therefore If one or two differently quallified should chance to have escaped Him through want of knowledge or Information and throughout a whole Kingdom His Grace might very well be excused in such a Case as it falling out that there was not one in this He is to be extremly Justified And whereas he affirms That the Papists have promiscuously before with His Majesties Protestant Subjects been advanced to several places of power and trust If he means publick places of power and trust as he must if he means any thing he says upon a strict inquiry made it cannot be found that any PAPISTS have had advancements of that kind since His Majesties Restauration save only such of them as were made Justices of the Peace by the Lord BERKLEY's Orders in the time of his Government and Colonel Richard Talbott made Captain of a Troop of Horse by Commission from the Earl of ESSEX when He was Chief Governour so as the present Government which this reflection most Darts at appears to be the least intitled to it â—ourthly That though a Proclamation was Published in Ireâ—â—â—d for searching the houses of all Roman Catholiques for Arms 〈◊〉 when the SHERIFF of the County of GALWAY went in â—â—rsuance thereof to search the Earl of CLANRICKARDS â—â—use where as be was informed all the Papists in that County â—â—d lodged their Arms the said Earl produced a Warrant from 〈◊〉 Lord LIEUTENANT the Duke of ORMONDE that his â—ouse should not be searched Which Article althô it be placed in â—â—age the 27th of the LIBELL yet for order sake is ranked and â—aken notice of here with the others of page the 17th in the Libell because it is of the same nature and of the like truth with them For my Lord Duke of ORMONDE was so far from granting a Warrant to that Earl to hinder his house from being searched for Arms that he never so much as gave him a Licence to keep any but contrarywise where the Earl of ESSEX in his Government had given the said Earl his Licence to keep a quantity of Armes they were since by my Lord Duke of ORMOND's Orders taken from him and delivered into the publick stores Lastly he alleadges That yet while all this forbearance and tenderness have been expressed to the PAPISTS the DISSENTERS have fallen under the misfortune of having an express Law made against them and divers of them have been prosecuted to Fine and Imprisonment upon it Wherein the LIBELLER shews his Ignorance as well as his Malice for although the Statute of 2d Eliz. for the Vniformity of Common-Prayer in this Kingdom which is without doubt against the PAPISTS and who are frequently prosecuted upon it should by construction be extended unto the DISSENTERS as I never heard it to be so Adjudged in the Case of any of them so far are they from having been Prosecuted notwithstanding their openly numerous and frequent Meetings yet was there never any Particular express Law made against them either before or as the LIBELLER wou'd have it believed since the KINGS Restauration And as that too moderate Act of 2d Elizab. be all that is in Force against the PAPISTS or that can be supposed to be against the DISSENTERS so it is to be wished that for the quiet of the Kingdom more and severer Laws were made against both And this brings me to the latter part of my Assertion that as most of the LIBELLERS instances of the Lenity shewn the PAPISTS and of the severity extended to the DISSENTERS in this Kingdom since the KINGS restauration are invented which I hope I have fully proved to you so that none of them can be reasonably charged upon the present Government which I think I shall be able very easily and briefly to
time of his deservedly Expiring Credit and to raise their Spirits thô most Vndeservedly against others whom his and the LIBELLERS malice would point them unto and whom though it be imposible to find them out by the mark the LIBELLER puts upon them of having obtain'd those depositions because there were never any such yet by all this Lurry about Morley I gess them to be certain persons of such uprightness and integrity as I am certain they will not fear to have their Actions plac'd in that approaching light of a PARLIAMENT with which the LIBELLER threatens them and which then shines brightest when MORLEY and the LIBELLER and such other sons of darkness are scatter'd from before it and thanks be to GOD we have no reason to despair of a blessing of that kind to attend that time for the weather seems to clear very much and the aire to be so well upon Puryfying that those infections cannot remain And as the LIBELLER has thus ingenuously in this Paragraph represented things that never were so he will not leave it off untill he has as ingenuously misrepresented Matters otherwise than they were according to the saying of Fame the true Parent of this lying Monster that pariter facta atque infecta canebat thus purposely to reflect upon persons concerned in this Government which the scope of his whole discourse as to Ireland drives at he wou'd from the receiving an Information which was given in here against MORLEY for such treasonable expressions as are not fit to be repeated but in a Judicial way of proceeding against him and from the transmission which was made of it to the KING and COVNCIL in ENGLAND infer a fondness I do not know what to have been in them of it whereas they did but as they were bound in taking a matter of that dangerous import when it was offer'd and as they wou'd have done if it had related to any one elss besides MORLET and only observed their duty and the Custome of their predecessors in transmitting as they alwaies did things of such a transcendent nature let them concern whomsoever they wou'd And why this ordinary practis'd method in all other Cases shou'd be thus extraordinarily handled and represented in MORLEYS by the LIBELLER is what I cannot think of any other reason to be given for but this that he is a LIBELLER Besides suppose it were true as the LIBELLER says and it is the only thing he says of affairs in IRELAND which supposition it self can help That at the time of this transmission as to MORLEY it was withal desired he shou'd be sent over hither to be Tried where his Crime was supposed to be done althô really no such thing was desired and that the KING had granted it which He neither did nor denyed because no application was made for it dos the LIBELLER believe himself or can he imagin any one elss will believe him in but laugh at him for this his doctrine thereupon That it were illegal and Arbitrary to send a Malefactor to be Tryed here for a fact commited by him here For surely that is as legal and looks some thing more reasonable than to send for persons from hence to be Tryed in England for things they are only charged to have Commited here as we see has of late been practised and which thô the Lawyers say may be done in this Case I am sure no Lawyer will ever allow what the LIBELLER sayes in the other Case especially if no pertinentâ—r reason be given than this which he assignes for it because the party was born and bred and has an Estate in ENGLAMD For such Circumstances alone can never protect any one in ENGLAND or IRELAND from answering for his breach of the Laws in either KINGDOM and in that KINGDOM too where he so broke them if the KING please to have him sent thither Nay in this Case of MORLEY if the matter charged upon him to be Committed here from which I shall not with the LIBELLER acquit him only because he is a PROTESTANT considering what kind of one he shewed himself in the times of usurpation thorough-pacedly serving of them and what sort of one he manifests himself in the present time of faction by those baser Offices of subornation and Perjury ministering to it were any felony under Treason I speak it with reverence it were unjust not to send him hither to be tryed because the Statute of Hen the 8th for Tryal of forreign matters in England extends expresly only to Treasons so that lesser Offences done here cannot be tryed there and consequently to have kept him in such Case on the other side from appearing here wou'd be to hinder a malefactor from being brought to Justice which were not Just But as MORLEYS Case is being for Treason Committed here which by that Statute may be Tryed there the KING can Justly enough if He Pleases detain him to be Tryed in ENGLAND or if he thinks fit as Justly too may send him hither for Tryall for by that Statute it is in the KINGS Choise in which of the KINGDOMS such a Case shall be Try'd But then if the Tryal be ordered to be there upon a Treason Committed here the Judges in ENGLAND are therein to Govern themselves according to the Laws of Ireland that is they are not to adjudge any thing to be Treason but what is so by the Law of IRELAND or by some Act of PARLIAMENT in ENGLAND where IRELAND is named or that is Enacted in IRELAND And this Rule holds concerning Pleas in discharge of Treason also wherefore though MORLEYS charge consists of Treasonable words only and they really were spoken two years ago as the LIBELLER observes whereby he was to be discharged by the late Statute in ENGLAND if they were alledg'd there yet being laid to be spoken here where that Statute not naming IRELAND nor being Enacted in IRELAND dos not extend he cannot reap any Benefit by it From all which though I will not take upon me to conjecture what were the Causes MORLEY was not sent hither yet I may rationally conclude that they cou'd not be any of those which are given by the LIBELLER for it so as he proves to be as grosly out in his Matters of Law as he is notoriously mistaken in his Matters of fact And where for Conclusion of this his Paragraph and for the bringing off MORLEY by it he says it is remarkable that what MORLEY did declare I suppose he intends to the PARLIAMENT in relation to the Duke of ORMONDE the Lord CHANCELLOR and Sir John Davis he refer'd himself for the truth of it to the Council Books or to depositions before the Council of this Kingdom it is more remarkable that MORLEY did declare nothing there whatsoever he has done elswhere as to any of those Persons save only Sir IOHN DAVIS and as to him that he refer'd nothing to the COUNCIL BOOKS or to depositions before the COUNCIL to prove other than a
pretended Copy he produced of the said ô NEAL or TYRRELLS Examination but of which there never was any Originall in the Council books or at the Council Board or indeed in being so as the LIBE LLER by his thus elaborately attempting to preserve MORLEYS gasping reputation for support of his Scandalous reflections upon the GOVERNMENT does but destroy his own Credit and confound his own Devices There are two other persons whom the LIBELLER brings by head and shoulders into this Paragraph for evidence of what he amies at by it but he giving only surnames to them as HANLON and MURPHY whereby it is Impossible without more certainty out of the herds that are of those names to gather whom he means and not assigning any particulars to have come from them in proof of his General assertion which he Cites them for by means whereof he only sets up Shadows to be contested within them I will therefore pass them over and come to that more solid body in the LIBELLERS single opinion of Mr. HAWKINS whom he shews as his next and last man but who performed such a part when he first brought himself upon the stage as I cannot tell whether folly or something that is worse were his greatest Vice and therefore I will determin on neither side but give a true account of it as it has been collected out of the Original papers of that matter and then let any sober and impartial man make his Judgment of it and of him upon it which was thus Mr. HAWKINS between whom and some of the mac GENNISES his neighbours there were some differences came to my Lord LIEUTENANT to the CASTLE having made his way as being a stranger by presenting of a letter from Sir HANS HAMILTON a late member of the Council unto his GRACE there acquainted his Grace that one Daniel Hanvy came to him to his house in the Country and told him of a meeting which he had a little before with one Con mac Gennis at Down-Patrick and that among other things which at that meeting passed betwixt them mac GENNIS engaged him to joyne with him in swearing HIS GRACE Mr. HAWKINS and others into the Plott and at the same time did give him a little money and promised him a great deal more when they shou'd afterwards meet as they then agreed to do at Dublin where the design was to be carried on betwixt them That with this Information Mr. HAWKINS repaired to Sir HANS HAMILTON who advised him to carry it to my LORD LIEUTENANT where he thus brought it hereupon my Lord LIEUTENANT caused Mr. HAWKINS to bring HANVY to him and after his GRACE had with great privacy taken his Examination which was much to the purpose aforesaid he asked Mr. HAWKINS if he knew CON mac GENNIS and where he was to be found which he said he did very well and that as HANVY told him he was come to Town in order to their aforesaid appointed meeting which was to be sometime on that or the day following and though Mr. HAWKINS did not know the certain house where it shou'd be in yet he wou'd learn it from HANVY and thereupon he proposed to his GRACE that for having more wittnesses besides HANVY of what shou'd pass at that intended meeting his GRACE wou'd appoint another Trusty person to joyn with one NEAL mac LAVGHLIN whom Mr. HAWKINS designed to employ for so disposing of themselves in the Room of the house where the others were to meet in that they might without being observed by them see them and hear the discourses betwixt them Which my LORD LIEUTENANT complied with and was accordingly done only with this Variation that Mr. HAWKINS employed another in that service in the stead of mac LAVGHLIN who cou'd not be found In the mean time his GRACE kept this matter as a secret from all persons least any disappointment shou'd befall such a promised discovery afterwards Mr. HAWKINS came to my LORD LIEUTENANT and acquainted him the parties had mett and the person appointed by his GRACE with the other whom Hawkins did employ in the Over hearing of them came likewise told his Grace that they saw HANVY another man whom he call'd CON mac GENNIS together and heard them discourse of such designs as were at first informed but withal that they observed and heard mac GENNIS to say at their parting to the Master of the house who came towards the end of their discourse to them These words take notice I never saw this person pointing at HANVY before the last night upon this Report brought to my Lord LIEUTENANT He ordered CON mac GENNIS to be sent for who appeared and denied his name to be CON mac GENNIS affirming it to be OWEN DVFFY and proved it to be so by invincible Circumstances but he owned at the same time his having gon under the name of CON mac GENNIS to and his having had the aforesaid meetting with HANVT whom withal he protested he never saw until the night before he had the meeting with him which with his other feigned parts he said he was prevailed upon to Act by the desires of one HENRT FARREL whose reason for the same he knew not but referr'd it to FARRELL to declare At this proceeding my Lord LIEUTENANT as any one woul'd be was strangly surprised and the more because His GRACE was satisfied at his first sight of the Man who now is DVFFT and before he named himself to be so that he was not CON mac GENNIS whom HANVY had described for him His GRACE had occasions to see and know long before in the quality of a Deputy Pursuvant for dispatching of Irish Witnesses sent for from hence into ENGLAND but what HIS GRACE most wonder'd at was that HANVY shou'd have affirmed as he did his having had a familiar acquaintance for many years together with that CON mac GENNIS before and yet that he shou'd now take this DVFFY for him Hereupon my Lord LIEUTENANT had HAWKINS and HANVY who were attending called in where HANVY upon the question put to him declared again such his long acquaintance with CON mac GENNIS and all the other matters touching him and confidently affirmed that DVFFY then present before him was the Man and Mr. HAWKINS although at his first coming to my Lord LIEUTENANT and as is before mentioned he told His Grace that he knew CON mac GENNIS very well and consequently cou'd not but at this time know that DVFFY whom he saw thus to personate him was another person yet as if he wou'd have had my Lord Lieutenant deceived did suffer Duffy to pass upon His GRACE for Con mac GENNIS without offering any thing to undeceive him until my Lord LIEVTENANT did at last take notice to them how that person had proved himself to be OWEN DVFFY and how his Grace himself knew that it was not CON mac GENNIS upon which HANVY and HAWKINS confessed themselves to be mistaken and so in