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A63351 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. 1681 (1681) Wing T2415; ESTC R37907 17,916 19

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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