A True and Brief ACCOUNT OF THE PROCEEDINGS BETWEEN Mr. David Fitz-Gerald AND William Hetherington, Before His MAJESTY in COUNCIL, On Friday the 11 th'. of February 1680/1. Where the Attorney-General was ordered to prosecute the said William Hetherington, and one Bryan Mac Donagh, (that goes under the name of Bernard Denis) a Dominican Friar that came out of Ireland in October last, who formerly belonged to a Convent at Sligoe in the Kingdom of Ireland: AND ALSO The ARTICLES of the said Hetherington against Mr. Fitz-Gerald: with Mr. Fitzgerald'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 Council. LONDON: Printed in the year MDCLXXXI. The ensuing Interrogatories were preferred by Mr. Fitz-Gerald against Hetherington, and upon Hetherington's own Confession, and full proof, as afterwards appeared before the King and Council, on Friday the 11 th'. of February instant. Mr. Fitz-Gerald grounded his Charge against the said Hetherington, and one Bernard Dennis (called in Ireland, Bryan Mac Donaugh) a Dominican Friar, who is of the County of Sligoe in Ireland, as he says: This is he who used sinister means to persuade one Hugh Duffey, and several others, to swear against the Queen; which was fully proved upon him, and an Order made to the Attorney-General to prosecute both the one and the other to the utmost of the Law, which will be speedily done: The Queries are as followeth. Interrogatories put to Mr. Hetherington, before His Majesty and Privy-Councel, on Mr. David Fitzgerald's Petition. 1. MR. Hetherington, Have you any misdemeanour, or other crime to lay to Mr. Fitzgerald's charge? 2. Do you know of any Collections of Money that have been made in London for the Irish Witnesses? if so, who were the Collectors by name, and who were the Paymasters by name? by whose direction or authority was those moneys demanded or received? what method was used in applotting the same? where was their usual place of meeting? 3. Mr. Hetherington, How much did you receive of this Money? who appointed you to receive it? what have you done with it? how much of it did you keep to your own use? how much did you pay of it to others? name their names, and the particular sums you paid them? what were they to do for that Money? and who treated with them, or to what purpose? declare your knowledge at large to each particular. The consequences of Mr. Hetherington's Answers I humbly submit to your Majesty, and crave leave to proceed to further Interrogatories grounded Granted. on my Petition. 4. Mr. Hetherington, You said I tampered with the King's Evidence, and endeavoured to suppress it; you complained of me to Justice Warcup; you said I endeavoured to stifle the Evidence of one Mr. Dennis against the Queen; I was summoned to appear before a Committee of the House of Commons thereupon: Now declare, what Evidence was there against the Queen, Sir John Davis, or any other, that I endeavoured to stifle? name the Witnesses I tampered with, who have any thing to say against the Queen, or any other; I desire they may be called in. Now I desire the Opinion of this Honourable Board, whether I was unjustly convened before the Committee of the House of Commons; whether I am guilty of stifling the King's Evidence, or deserve a Vindication: And I desire I may proceed further on the matter of my Petition. I allege in my Petition, that the practices of Mr. Hetherington and others are of dangerous consequence to the Government: and before I come to show that, I humbly ask leave to ask Mr. Hetherington the ensuing Questions. In Dondalk Gaol. After his denials, as last confessed that he broke Gaol in Dublin, and stole away. 5. Mr. Hetherington, How came you first acquainted with Mr. Edm. Morphy now in Town, one of the King's Evidence, and where? and where was it in Prison? if so, in what Town? how came he committed, and for what? and how came you also committed, and for what? and how were you enlarged? were not you in for Debt? if so, how much was it? at whose Suit? did you pay it? did not you get yourself removed to the Kings-Bench Prison, or the Marshalsea of the four Courts, so called in Dublin? do you know Mr. Lovet the Keeper thereof? how got you out of Prison? In plain terms, did not you break Prison, or steal away thence? what sums was he forced to pay by your escape then? and dared he touch you the last time you were in Dublin, you being (as you pretended) one No answer to that. of his Majesty's Evidence? And if you are not, who Commissioned or appointed you, or styled you the Manager of the Irish Evidence? 6. Mr. Hetherington, How long were you and Mr. Morphy in Dondalk Gaol together? were you both under one Crime? if otherwise, declare the particular cause of your commitment? what time of the year were you both, or either of you committed? how long were you in restraint before you knew any thing of the Plot? how, when, where, and by whom were you made privy to it? did you reveal your knowledge of it to any of the Privy-Councel in Ireland? if you did not, tell your reason why? was it because you broke Prison and ran away from Dublin? be punctual, how long were you a Prisoner in Dondalk and Dublin before you came away? 7. Mr. Hetherington, Have you any Estate in Ireland? if you have, name the Lands, County, and place, and the yearly value: were you ever a Justice of the Peace in any County there? if so, in what County there? did you ever, as a Justice of the Peace, examine Mr. Morphy in Ireland, as a Discoverer of the Plot? did not you persuade the people in London to believe these things? 8. Mr. Hetherington, How came you and Mr. Morphy so great? did you declare, that Mr. Morphy endeavoured to suborn Witnesses to swear that Mr. Smith and Baker were Confederates with the Tories in Ulster? where Made no discovery. No. was Mr. Morphy then, and some time before? of what life and conversation? did he then discover the Plot in Ireland? or did he say that he knew any thing of it? Very little, but borrowed, but forgot the man's name. 9 Mr. Hetherington, What Money did you bring with you into England, and how much? was it in Cash, or by Bill of Exchange? if by Bill, who drew it? and upon whom in London? name the parties. Now Sir, you have an account of Mr. Hetherington's life and conversation, the principal manager of the Irish Evidence, as he styles himself. I will now go on and prove, that instead of doing his Majesty service, or rightly managing the Evidence, he endeavoured to render his Majesty odious to his people in London, and to persuade them that the Popish Subjects of Stood up to justify the Bull or Brief, but at last was utterly convinced. Ireland, were discharged from their Allegiance by the Pope. And that he showed the Pope's Bulls, or Briefs to that purpose, to his Majesty, and that his Majesty took no notice thereof; that he concluded therefore his Majesty was actually in the Plot, or a Favourer of it: And that the Earl of Essex called him Rogue and Rascal for producing 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'er 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 popped in the ensuing Charge against Mr. Fitz-Gerald, though he could neither justify 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 Fitzgerald's Answer to each Article, read before his Majesty in Council. 1. THE said Fitz-Gerald, at the first coming ●●er of the Witnesses o●t of Ireland, to prove the Hellish Po●ish Plot, did s●em to be very glad of their coming to justify their Evidence, and in particular that of Eustace Comyns, saying that he was an honest man, and was wrongfully ●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, than he began to rail and reflect upon him, and threaten to be the Death of him; and afterwards took occasion to abuse and revil● 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 Majesty's Person or Government; but abhors Villainy, Combination, and contrivance to disturb the peace and tranquillity 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 threatened 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 Governor of Limerick, and Lieutenant Croker and others can testify) 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 than 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 groundlessly to accuse some of your Majesty's 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 Majesty's 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 earnestly 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 Majesty's dis▪ favour, and to cast reproaches upon them, the better to invalidate their Evidence; alleging 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 man's favour, and therefore to endeavour or take the least pains to bring them and their Witnesses into your Majesty's disfavour, 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, moneys, Promises, and other ways of persuasion, laboured to take off the said Witnesses from giving their Evidence on his Majesty's 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 would not permit them to go, until they forced themselves away from him; and then he threatened them, and those that called them, and with an Oath said he would break Shaftsbury's Knot; and the better to prevail with the Witnesses, acknowledged he had received for his service One hundred pounds of his Grace the Duke of Ormond, Five hundred pounds from the King, and a Commission to be a Captain; and that his Majesty had given him two blank Patents for Baronet's, the one for his Father-in-Law, and the other to be at his own disposing; and also a Grant of the Commons of Rakeale, and all the Commons of Knock-Greary, in the County of Limerick. 4. To the fourth Article he saith, That he never in his life-time laboured or endeavoured by any ways or means to stifle or keep back any Evidence against Sir John Davis, or any other; though at the same time he firmly believes, that Sir John Davis is a loyal faithful Subject to your Majesty, and doth from his heart abominate any Villainy or Contrivance against your Majesty, he having been as scrutinous to find out the truth upon the several Examinations of this Respondent, taken before him and several others in Ireland, as any person whatsoever. He confesses he said he would break Hetherington's Knot, but denies he ever mentioned the Earl of Shaftsbury to that purpose: He confesseth he received One hundred pounds of your Majesty's money out of your Treasury in Ireland, by order of the Lord Lieutenant and Council there, and not a penny of the Duke of Ormond's own money, as is maliciously suggested; and he received also One hundred pounds sterling more out of your Majesty's Treasury in England, by your Majesty's order in Council, and no more, which is all the Respondent ever received to defray the extraordinary great charges expended by him in several Journeys in Ireland, and his Voyage from thence to this place, in prosecution of his Discovery, being far short of the real sums laid out by him purely on the account aforesaid, having spent seventeen months entirely in that Service, wholly neglecting his own private concerns. He confesseth, that he was desired by some of his Friends and Relations, to procure (if he could) two blank Patents for Baronet's in Ireland, from your Majesty; denies that ever he said he had a Grant of the Commons in the said Article mentioned, but confesseth that he intended to apply for the same, being parcel of his ancient Estate, and would have raised a considerable sum of Money for the procuring thereof, if it could be obtained; and as to all and every other matter and thing in the said fourth Article contained, this Respondent denieth the same. 5. That he the said Fitz-Gerald had not only vilified and threatened the said Comyns, but had also informed several of the Members of the House of Commons, that the said Comyns was a very Rogue, and that he could produce many Records against him, and that he was not fit to be credited; and also terrified and threatened to kill him the said Comyns, so that he was forced for some time to keep himself in obscurity. That the said Fitz-Gerald hath not only vilified and abused him this Informant, and the Evidence which he was concerned for, but also Mr. Thomas Samson, who came over upon his own accord to serve his Majesty in that matter, who by his Testimony therein hath given great satisfaction to both Houses of Parliament. 5. To the fifth Article the Respondent answering, confesseth and saith, That he did inform the House of Commons, that Comyns was esteemed a Fool and a Knave: whereupon, and by reason of the incoherency of the said Comyns Narrative, as the Respondent humbly conceives, the same was rejected; but denieth that ever he threatened to kill him, or do him any other bodily harm: He also confesseth, that being provoked, he did correct Samson in the said Article named, for some saucy language he gave this Respondent, whereof the said Samson did complain to the House of Commons, who did in hearing of his Complaint, adjudge it to be idle and ridiculous: This Respondent denieth that the said Samson came over out of Ireland of his own accord to serve your Majesty, but was wrought upon to come over out of wicked ends, by persons not yet named, (whom this Respondent shall name, whensoever your Majesty shall be pleased to command him) to disturb and destroy some of your Majesty's good Subjects in both Kingdoms. 6. That the said Fitz-Gerald being examined by a Committee of the House of Commons, against Sir John Fitz-Gerald, refused to give his Evidence (being his Relation) unless the Committee would promise to intercede to his Majesty for his the said Sir John's Pardon: And before a Committee of the Lords, in his Evidence he charged Col. John Fitz-Patrick, and Sir Edward Scot, to be Confederates in the Plot, but at the Lords Bar would not, though asked; and left their Names out in his Narrative published in print, of his own knowledge, in that matter hts mind being since altered, upon what considerations may well be judged: He also said before the said Committee, that he fared the worse because they knew the King had a kindness for him. 6. To the sixth the said Respondent saith, That he did never mention to the Committee of the House of Commons for a Pardon for Sir John Fitz-Gerald, otherwise then as followeth: (viz.) That the Committee ask this Respondent what he knew concerning Sir John Fitz-Gerald, and the Respondent answering, That what he had to say against him, was mentioned in his Narrative then in his hand, which he adhered unto; a Member of the Committee thereupon demanded, whether the said Sir John would own his being in the Plot? To which the Respondent then replied, he did not conceive it would be proper for Sir John Fitz-Gerald (if he knew he was guilty) to accuse himself, before he was sure of his Majesty's pardon; or words to that effect. He also saith, that he declared at the Bar of the Lords House, that by flying report he heard that Col. John Fitz-Patrick, and Sir Edward Scot were concerned in the Plot; but how far they were concerned therein, this Respondent did not, nor doth not charge them with of his own knowledge: He denieth to have altered his mind, or to deviate from Truth or Justice; and hopes that God will not leave him, after the example of Hetherington and others, to follow evil ways, and promote wicked designs, upon any temptation whatsoever: And therefore he doth not understand Hetherington's meaning, who saith that the Respondent's mind is since altered, upon what considerations may be well judged, the same being absolutely false, and scandalously insinuated. And the Respondent further answering, saith, That he being summoned to answer Hetherington's complaint, before a Committee of the House of Commons, the said Hetherington urged as a great crime in this Respondent, that he was a Favourite of your Majesties; to which this Respondent answered, that supposing he were, (as he never had the vanity to pretend unto any such thing) he hoped he should not far 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 Judgements 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 Witness, 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 entered 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 persuading the Witnesses falsely 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 replied, 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 Gor●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 guests no other, this Respondent hath already given an account of what passed 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 passed 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 persuade 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 Majesty's Person or Government, but are true and firm to your Royal Interest: And ●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 abhor 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 falsely abused this Respondent, was for that he the Respondent would not comply with the said Hetherington to accuse the aforesaid persons. And this Respondent having in obedience to your Majesty's Order in Council, 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 Majesty's severe Reprehension, or gracious Vindication, as his Case shall deserve. And as in duty bound shall ever pray, DAVID FITZGERALD. Mr. David Fitzgerald's Arguments against Hetherington's Articles before his Majesty in Council. 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, alleging 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 Council 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 Sir John Davis is Clerk of the Privy-Councel in Ireland, and a Member thereof. and the Nation in general; That the said Hetherington had publicly 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, The said Hetherington has spread several Libels and Pamphlets of Mr. Fitz-Gerald, which he and the Printer are like to smart for. 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 Council, 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 Council (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 Council) 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 ●…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 passed in the Marshalsea in Dublin, and broke Prison there, and so came for England; and that he is not worth a shilling, etc. Nota. Now to anticipate Mr. Fitzgerald'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 threatened to kill him, and took occasion to abuse and revile him, because he accused some of Mr. Fitzgerald's Friends. Answ. 1. That he would be glad to see honest men to appear for the King▪ that Hetherington and Comyns were none▪ th●● he never did commend Comyns; that he was but a Thrasher and a Labourer at 4 d. per diem with Mr: O Brian, Mr. Fitzgerald'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 Majesty's 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 Majesty's disfavour, 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 Majesty's 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, * 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. 500 l. from the King, a Commission to be a Captain of Foot, and two blank Patents for Baronet's. 4. He denies to have stifled any Evidence against Sir John Davis; he confesseth he said he would break Hetherington's Knot, but dou●●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 Council there, and no more, and not a penny of the Duke of Ormond's money; 100 l. more in England by Order of Council, out of the Treasury, and not a penny 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 threatened 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 Note, this Samson is one of the Witnesses that accuses the Earl of Tyr●ne. was rejected; he denieth to hare threatened him; he confesseth, that being provoked, he did correct Samson for saucy 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 Majesty's 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 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, etc. 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 Note, that he would make it a crime for a man to declare the honesty of these two Great men. 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 Council the 4th 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 styled, 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 5th Interrog on the Minutes; that he corresponded As to Hetherington's life and conversation, show Se● jeant Osborn Certificate, who goes Jud● in the North Circuit in It l●nd sometimes. with the Tories, vide his confession at to the 5th 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 7th Article; to prove his poverty; call Mr. Bradly and Mr. Roberts, vide his Answer on the 9th 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, etc. call Hugh Duffy, John Mac Cleve, John Moyre, George Murphy. 2. That Hetherington got 100 l. of the King's 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 moneys 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 show 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, etc. 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 Pope's Seal, etc. 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 Nemarras Oath to this point, upon the last and 10th 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 King's Interest in Ireland, etc. 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 falsely.) First, that Hanlan and his Confederates are proclaimed Rebels and Traitors, call the Right Honourable Lord Conway, one of the Council 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 show James Morphy's Letter. James Morphy proved the same. 6. That he hath brought over Witnesses out of Ireland, as he pretended, etc. Call John Luker, Peter Linch, Michael Rely, and Keho; fully proved. Let them declare if one Geoghan a Friar did not go hence from England, and had his Majesty's 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, threatened: he hath got a deal of moneys in several places; others he forced from their Houses, etc. let him declare the misery and trouble the Country is put in; and that this Geoghan is now for his great Villainy committed in Dublin by the Lord Lieutenant. Now it is easy to make appear, that there was but one blank Warrant obtained, and hereupon these Carack 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 Majesty's most Honourable Privy-Councel, by David Fitz-Gerald, against William Hetherington, in obedience to his Majesty's Order in Council bearing date the 4th 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 ●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 Majesty's good Subjects in that Kingdom, repaired into England, and untruly pretended to some of his Majesty's 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 styled, the Manager of the Irish Evidence, thereby to have the opportunity to relieve his distress▪ though by the shipwreck of his Conscience, and utter ruin 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 Majesty's happy reign over his Subjects, and the peace and tranquillity 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 Majesty's 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 Majesty's 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 Majesty's 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 Majesty's Popish Subjects of Ireland from their Natural Allegiance to his Majesty; And that he himself in person, did show and produce the aforesaid Bull or Brief to his Majesty, and acquainted his Majesty with the tenor 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 Queen's 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 Majesty's Interest in Ireland, and draw away the affections of his Subjects there from him, hath by entreaties and other ways of persuasion, endeavoured to suborn Witnesses to swear, that the Queen's Majesty, his Royal Highness the Duke of York, and the Duke of Ormond, as also that the Lord Chancellor of Ireland, and others his Majesty's loyal and faithful Subjects, were privy to, and principally concerned in the Plots both in England and Ireland, against his Majesty's Person and Government. 5. That the said Hetherington, the better to compass the erterprises 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 passed 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 Murders, 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 public here in England: That then if Hanlan would but send him the said Hetherington a competent sum of money, and would really swear (though falsely) 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 Majesty's Pardon for the said Hanlan and his Confederates, for all Treasons, Murders, 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 ruin of his Majesty's 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 alleged, 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 moneys 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, employed one Eustace Comyns to persuade 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 Majesty's 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 moneys, to discourage Trade and Dealing in Ireland, and to create an universal disquiet, and terrible apprehensions in the hearts and minds of his Majesty's 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 Lordship's great wisdom and direction. FINIS.