Selected quad for the lemma: state_n
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A39585
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A narrative of the Irish popish plot for the betraying that kingdom into the hands of the French, massacring all Englidh Protestants there, and utter subversion of the government and Protestant-religion, as the same was successively carryed on from the year 1662 : given in to both Houses of Parliament / by David Fitzgerald.
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Fitzgerald, David.
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1680
(1680)
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Wing F1072; ESTC R7381
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34,384
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38
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Sheriff haveing received the said Order at the bounds of that County where he was to receive the Judges all comeing together to Limerick on Saturday night the said Sheriff as soon as he came thither came to me to the Marshal sea and shewed me the said Order which was very welcome to me because it would set me at Liberty never haveing been a minute in any restraint before those three nights Then the said Sheriff and I got ready to go to the Duke and did set forth from Limerick about a elven of the Clock the said night the night following his Grace being told that we were come to Town sent for me and upon further discourse of the said matters after he had taken part of my depositions asked me whether I feared any thing of the Treason sworn against me in Limerick as aforesaid and if I did suppose that there would be any dainger that his Grace would give me a Pardon I answered that for my knowledge in the said Conspiracy against the Government that I would accept of his Majesties gracious Pardon though I did not doubt to prove that I had discharged my self thereof by acquainting Magistrates from time to time of my knowledge thereof and for any other Crime excepting the same that I renounced all manner of Pardons and Protections and that in Limerick I would trust to a fair Trial this I refer to the Duke of Ormond Whereupon his Grace was pleased to order the Sheriff to return me my Arms and not to be used in the nature of a Prisoner and then we returned to Limerick to receive my Trial the Assizes sitting then the Grand Jury as I was informed were unwilling to returne Billa vera upon the Information of Walter Huet against me I haveing notice thereof used my interest in the said Grand Jury and desired that they might find the Bill against me that the accusation might be publickly known and the occasion thereof which was accordingly done the under named persons impannell'd for to try me The Names of the Jurors Sir George Inglesby Kt. Ralph Wilson Esq David Wilson Esq George Ailmer Esq Arthur Ormesby Esq John Croker Esq Nicholas Munckton Esq John Bury Esq Hassard Powel Esq John Mansfeild Esq George Evans Esq John Dixon Gent. Then they proceeded to the Trial and after hearing of the Witnesses who contradicted each other very Materially nor did either of their Tales agree together the matter appear'd so frivolous or rather set up by Practice that the Jury without any Hesitation pronounc'd me not Guilty Then the Grand Jury returned Billa vera upon the Indictment against the persons who broke my house Sir Richard Reynolds would not admit the Trial at the request of others but dissmissed them then the Clerk of the Crown called them by their names upon their Recognizance the number of fourteen or fifteen did appear Judge Reynolds adjudging the Indictment to be Vexatious having 31 mentioned therein but would not have the patience to hear the Trial being worked upon by others as I will Justifie put me off having at least twenty witnesses then in Court to prove the matter of Fact and ordered the said people to be dismissed and addmitted them not to their Trial then I prayed his Lordship in open Court to do me Justice and to let the Trial of the said persons that did appear proceed but all to no purpose Afterwards I went up to Dublin and petitioned to the Lord Lieutenant and Council and did set forth in the said petition the greivances and Injustice done unto me by Sir Richard Reynolds as I conceived by putting off the Trial aforesaid after the said Petition was read I was called to appear before the Lod Lieutenent and Council the Lord Chief Justice Keating alledging before the Lord Lieutenant and Council that the people aforesaid were extra But Sir Richard Reynolds could not deny they were in Court Keating and Reynolds Which I will justifie maintaine and prove by many good witnesses but they having no other way to smother the Illegal proceeding in Limerick than to say that the people did not appear The Lord Lieutenent and Council upon full consideration of my complaint did grant the ensuing Commission to examine the matters aforesaid Ormond By the Lord Lieutenent and Council of Ireland WHereas David Fitz-Gerald of Rakeal in the County of Limerick Esq hath exhibited an Information at this Board of several enormous Abuses done to him to the Scandal of his Majesties Government We therefore appoint and Authorize the High Sheriff of the County of Limerick Sir William King Kt. Governor of Limerick The Commission from the Lord Lieuten Sir George Inglesby Kt. Simon Eyton George Ailmer John Odel and Richard Maguair Esquires or any four or more of them to examine the matters in the Information hereunto annexed and make speedy return of the truth thereof to this Board by examination of Witnesses or otherwise in Convenient time that such course may be taken therein as to Justice appertains Given at the Council Chamber in Dublin the 23th of December 1679. Michael Armachanus Chan. Johan Dublin Aran. Henry Midensy Blessinton Ranalaugh Robert Fitz-Gerald Thomas Jones John Davys Secretary of State The said Commission was executed the third fourth and fifth daies of February 1679. By Garret Fitz Gerald Esq high Sheriff of the County of Limerick Simon Eyton George Ailmer and John Odel Esquires Upon the full examination and hearing of ten sufficient witnesses who proved the particulars mentioned in the said Information as aforesaid and finding twenty more ready to averre the same Returned the said Commission to the Lord Lieutenant and Council with the depositions of the ten that swore positive to the names of those that broke my house and heard them say kill the Rebel and knock him in the head before he goes any further and the said Commissioners did Certifie to the Lord Lieuetenant and Council that there had been a great many more ready to depose the same as the ten did in their depositions aforesaid Whereupon several of the riotous persons aforesaid were again taken up and brought to Tryal and though the breaking my house in the night and menacing words before recited were fully sworn against them by divers Witnesses against whom they had no colour of Exception yet such was the prevalency of the Conspirators and the Jury so prepared that they would not find them Guilty After which I went to Dublin and from thence came for England to give in my Testimony to His Majesty as I had before done to His Grace the Lord Lieutenent and Council from whom I had good encouragement to proceed and which I have herein before punctually publisht An Appendix in a Seasonable Address to his Country-men The Natives of Ireland Dear Country-men MY Family and self having so severely suffered for their Loyalty by the late Rebellion in Ireland and having the opportunity to discover another most horrid Conspiracy against our Gracious Soveraign