TC J
A True and Brief
ACCOUNT
OF THE
PROCEEDINGS
BETWEEN
Mr. David Fitz-Gerald
/
V
AND
BeforeHisM AJES TYin COUN CEL,
On Friday the nth* of February 168i
/
. *' , t v' ' I . ^ \ -
Where the Attorney-General was ordered to profecute the (aid
• William Hetherington, and one 'Bryan Mac Danagb, (that goes un¬
der the name of Bernard Denis)a Dominican Frier that came out
of Ireland in O&ober laft, who formerly belonged to a Convent at
in the Kingdom of Ireland.
AND ALSO
<•. •» ^ + »f
The Articles of the faid Fletberinagainft Mr. :
with Mr. Fit^-Ger aid's Answer to each Article.
With Six high and tranfcendent Articles preferred by the faid
Mr. Fitz>-Gerald againft the faid Hetherington, fully proved before
His Majefty in Councel. (
Ps?} V/
v
*j3L SL TBL
London : Printed in theyear Mdclxxxi
-- — • — -—- _ . _.. _. . & —...... .... . ^ .
r.n ,
orii CJ, b37i r. |HHH|
The enfuing Interrogatories were preferred by Mr. Fitz-Gerald againfe He-
. therington, and upon Hetherington s own and full fro off .as
afterwards appeared before the King and Councel, on Friday the (1th- of
■ February in ft ant. Mr. Vuz-Gerzld grounded his Charge again PI the faid
Hetherington, akd Bernard Dennis {called in Ireland, Bryan Mac
Donaugh ) a Dominican frier, who is of the County Sligoe in Ireland;-
as he fays This is he whoufed(inijler means to perjwade one Hugh Duffey,
and feveralothers, to fepear againjl the Queen, which was fully proved
upon hint, and an Order made to the At for hey'General toprofecute both the
;; one and the other to the utmoft of the Law, which will be ffeedily done :
The Queries are as filloweth.
315W ; ! • • •/*'• br.» .■ ; >rfv/,.nr Tt ' " '
Interrogatories put to Mr. Hetherhigtoh, before His Majefty and
Privy-Councel, on Mr. VaVid Fit %,-Ge raid's Petition.
j. !L V 1J i ... i ( **
I. A /TR- Hetherington, Have you any mifdemeanour, or other crime to
1V1 lay to Mr. FitZ'Gerald'scharge >
2. Do you know of any Collections of Money that have been made in
London for the Jrijh Witneffes? if lo, who were the Colle&ors byname,
and who were the Pay-mafters by name ? by whole dire&ion or autho¬
rity was thole Monies demanded or received ? w hat method was ufed in
applotting the lame ? where was their ulual 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 ule ? how much did you pay of it to others?
name their names, and the particular liims you paid them ? what were they
to do for that Money? and who treated with them, or to what purpole?
declare your knowledge at large to each particular.
The confequences of Mr. Hetherington'/ Anfwers I humbly fubmit to your
Majefty, and crave leave to proceed to further Interrogatories grounded Granted;
on my 'Petition. • 7
4. Mr. Hetherington, You (aid I tamper'd with the King's Evidence, and
endeavoured to fupprels it 3 you complained of me to Juftice jVarcup 3
you faid I endeavoured to ftifle the Evidence of one Mr. Tennis againft
the Queen 31 was fummon'd to appear before a Committee of the Houle
of Commons thereupon : Now declare, what Evidence was there againft
the Queen, Sir John Davis, or any other, that I endeavoured to ftifle ?
name the Witnefl'es T tamper'd with, who have any thing to lay againft
the Queen, or any other 3 I deftre they may be called in.
How 1 defire the Opinion of this Honourable Board, whether I was unjuftly
convend before the Committee of the Houfe 3 whether I am
guilty offeifling the Kings Evidence, or deferve a Vindication : And
I dejtre I may proceed further on the matter of my Petition.
1 alledge in my Petition, that the practices of Mr. Hetherington and others
are of dangerous confequence to the Government: and before I come to Jhew
that, I humbly ashjeave toast^ Mr. Hetherington the eufuing Quejliens.
5. Mr. Hetherington, How came you firft acquainted with Mr. Edrn. - in
phy now in Town, one ol the King's Evidence, and where? and where GaoJ- Afterfey
was it in Prifon ? if lo, in what Town ? how came he committed, and for eonfeiMtha^
what ? and how came you alio committed, and for what ? and how were he brake Gaol
you enlarged ? were not you in for Debt ? if lo, how much was it ? at jan<5
B x 7 whole 0 e * ay'
« ? 1 S .
X
■n/
Ko anfwer to
that.
Made no dis¬
covery.
No.
Very little, bu1
borrowed, but
forgot the
mans name.
Stdod up to
juftifie the Bull
or Brie£ but
at laft was ut¬
terly convin¬
ced.
f*.3i
whole Suit ? did you pay it? did not you get your felf removed to the
Kings-Beach Prifon, or the Marjhaljea of the four Courts, fc called in
Dublin ? do you know Mr. Lovetthe Keeper thereof? how got you out
of Prifon ? In plain terms, did not you break Prifon, or flteal away thence ?
what (urns-was he forced to pay by your efcape then ?. and dupfthe touch
you the laft time you were in Dublin, you being fas you pretended), one
of his Majefties Evidence ? And if you are not, who Cooiraiffioned or dp-
pointed you, or ftiled you the Manager of the Irijh Evidence ? v i
6. Mr. Hetherington, How long were you and Mr. Morphy mDondall^
Gaol together ? were you both under one Crime ? if otherwise, declare
the particular caute of your commitment ? what time of thetyear Were you
both, or either of you committed ? how long were you in reftraim&efbre
you knew any thing of the Plot ? how, when, where, and by whom were
" — mm «. A m
m
. . . , . , Ig.
becaufo you broke Prifon and' ran away from Dublin t be puh&ual,
how long were you a Prifoner in Dondalkc and Dublin before you,
came away >
7. Mr. Hetherington, Have you any Eftate in Ireland? if ypu have,
name the Lands, County, and place, and the yearly value: w?rp you evee
a Juftice of the Peace in any County there ? if fo, in what County therp ?
did you ever, as a Juftice of the Peace, examine Mr. Morphy in as
a Difcoverer of the Plot ? did not you perfwade the people in London to
believe thefe things ? -
8. Mr. Hetherington, How came you and Mr. Morphy fo g^e?t ? did you
declare, that Mr Morphy endeavoured to fuborn WitnefTes tp fwear that
Mr .Smithand Baker were Confederates with the Tories in Vljler ? where
was Mr. Morphy then, and fomc time before ? of what life and converfa-
tion ? did he then difcover the Plot in Ireland? or did he fay that he knew
any thing ofit? ,
p. Mr. Hetherington, What Money did you bring with you into Eng¬
land, and how much ? was it in Cafh, 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'/ life and ,
the principal manager of the Irifh Evidence, as he files 1
now go on and prove, that injleadof doing his Majeffy fervice, or rightly
managing the Evidence, he endeavoured to render his Majelty odious to
his people in London, and to perjwade them that the 'Topijb Subjefts of
Ireland, were difcharged from their Allegiance by the 'Pope. And that
he Jhewed the 'Popes Bulls, or Briefs to that purpofe, to his Majeffy, and
that his Majelly took, no notice thereof'-, that he concluded therefore his
MajeHywas aftually in the 'Plot, or a Favourer of it: And that the
Earl of ESex called him Rogue and Rafcal for producing thofe Bulls,
All thefe things he endeavoursd to infmuate into the hearts and minds
of the people here, to do the King harm, and to breed confufejn and
mifchief.
10. Let Mr. Hetherington declare if he e re received any fuch Bulls or
Briefs, where they are now, who gave them to him, and to whom did he
deliver them ? ^
But let the Reader obferve, that when Hetherington found himfelf to be
Impeached, he popped in the enfuing Charge againjl Mr. Fitz-Gerald,
though he could neither jujlijie nor prove any or either of the ten Articles,
which defeated his malice.
ARTI-
L 3 3
t •! ; n ^ * . v XA Wx't:
3iii
• -s. * * li » ii,a ♦j'v'Afn >r\if j * *%*t rv • 0 liirn • <4\
»Ji DCil OJiiSuOw (O jf jljlu c^lJJJ^i'i f 1-, uj_ vf jjjjiu \v
-Articles of Mif(Jcmc^nour hiMiblv propofed by Wilt
ton, aeainft T>ayyd Fitz-Gerald Gent. With Mr
i ° i U :1* ? it i • u • n •
Anfwer to e^ch Artiflerrea4 before his Majfity in Comtek
V ii: n Jj rfoiriw tiol - iib i iSwiB?, vA--*' ; - "it'
it*} ?* mm contin&:Qm* tftb. Witueffes out of Ire-
ing that he was an honeft matt, and was wrmgfully daft up in Trifon by the means
of Sir William Davis, for diftovering of the Flot, which he fvpore he could fay
more to then any of them off, and that he cqtdd chiQge the greateft Men, or Man
in Ireland therewith, or in words to that effe: But after he faw Comyns Nar¬
rative printed, and found that fever al of his Friendly he , were char-
M w "*•' v w t * • t 9 /T. ' c f T •' 9*1 ■ '* w .t
d therein, then he began to rail and refletf upon him, and threaten to he the
hath of him) and afterwards took, occup. to reft of the
Witneffes. '.
} KN\
a \ ■ ' X - • I <
I. Tbeftid David Fitz-Gerald,faying to himfelf aft. ad vantages and bene¬
fit of Exceptions, in anfwer to the fir ft Article faith, That he was then, and
would be ftill heartily glad to fee hopeft and credible men (fuch as neither
the laid William Hetherington, nor EuftaceComyns in the firft Article named,
are reputed to be ) to come in and dtfcovcr any Plot that Ihould be againft
your Majefties Perfon or Government) but abhors Villanv, Combination,
and contrivance todifturb the peace and tranquility of your Kingdoms. And
further faith, That it was impoflible for him to commend the laid Full ace
Comyns,as in truth he did not, he having little or no acquaintance with him j
only feeing him fometimes Threlhing and Ditching for Mr. 0 Brian,
this Refpondent's Neighbour in the County of Limerick,, and knowingsthac
he was a Fellow not above the quality of a daily Labourer, who commonly
wrought for 4^. per diem in that Country, and hearing by credible perlons
that he was efteemed a Rogue, and tbreatned to burn the laid Manus 0 Brian's
Houfe, and ftole out of Limerick, Gaol, as Mr. hetherington did out ol the
Black-Dog Prifon in Dublin) and the faid Comyns being of no
other quality or reputation as aforefaid, (as the LordBifhopof Limerick,,
Sir William King Governour of Limerick,,and Lieutenant Croker and others
can teftifie ) it was unreafonable that this Refpondent (hould think ("as he
never did) that the faid Euftace Comyns could charge the greateft Men, or
Man in Ireland with any Plot, any more then he thinks, it was otherwile then
wicked in Mr. Hetherington to bring over honeft men from their Habitations
in Carrick, and Clonmell, thinking tq bribe them groundlefly to accule lome
of your Majefties Loyal Subje&s, thereby to affirm and countenance the Con¬
trivances of the laid Efetheringtrn and others.
-
" 4 V ' i <
2. That amonglt other matters that he pretended he could prove touching the
Tlot, he faid 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 K>ng 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 thofe he had accufed, and bring Great ones to prove
the matters he had charged them with.
2. This Relpondent ablolutely denieth the charge of the lecond Article 5
only that he told the Earl of Burlington, that the Lord Brittas and Biftiop
Mull on j
Mullony muft ftand to your Majefties mercy, or undergo the Rigour of the
Law: He confeffeth, that fince his coming into he was very often
folicited and entreated by divers perfons, whom he (hall name when your
Majefty {hall be pleated to command him, to accufe Her Majefty, his Royal
Highnefs the Duke oiTork, the Duke of the Lord Chancellor of
Ireland, and Sir John T)avis with the Plot, which the Relpopdent (" having
nothing to lay to their charge ) always refufedx and then they earnefijy re-
quefted this Refpondent, fince he could not (wallow Oaths, and gallop along
with them, not to contradift others, or to hinder them to accuie Hfef Majefty,
his Royal Highneft, and the reft of the perfons afore(aid. '
.V . <•'' * - - \ >\\ \v,^ // \ ■ * <rutr'liW
, » v> *» w •*»»** » - ^ f, y. _ >».
5. That netavithfdnding the faidFitfi-Qetild hath fince endeavoured by mahy
ways and means, to bring this Informant and the
diffavour, and to caff reproaches upon them, the better to invalidate their. Evi¬
dence 5 alledging untruly, that they had received Three thoufand pounds from the
City of London, or fome of the Citizens thereof, or fome others, whom he would
mention if he could. ^ u
1 ; ' • . : ■ ' ■- ' . , '
3. To the third Article this Refpondent faith, That he believes that neither
the (aid Hetherington or Comyns ever were in your Majefties, or any good
mans favour, and therefore to endeavour or take the leaft pains to bring
them and their Witneffes into your Majefties dif favour, or to caft Reproa¬
ches upon them, is needlefs, the Character enftamped upon them already by
Oral Teftimony, and matter ofRecord, (ufficiently evidencing their demerits:
He confeffeth he (aid that he heard, and doth verily believe that Three thou¬
fand pounds have been collected from (orae of the Citizens of and
that part thereof was paid to Sir William Waller, and other part thereof to the
(aid Hetherington, where, (in breach of his Truft) paid but little or nothing of
it to the Witneffes.
I* ' V 1 *
V ' V . , t - /
4. That the /aid Fitz- Gerald hath fometimes by Threats, other times by Eeafis,
Treats, Monies, Promifis, and other ways of perfw afon. laboured to take off the
faid Witneffes from giving their Evidence on his Majefties behalf5 particularly
in the cafe of Sir John Davis , and when all that would not prevail upon them,
told them that his Majefy was diff leafed with this Informant's proceedings, and
would be fo with them, if they followed his dire ft ions and by thefe devices fo
affrighted them, that he got them to fgn to a to his Majefty, which
drew for the purpoje, intimating that they were informed his Maje fty did not look,
upon them as coming to do him Service, and that if it were fo, they fhould readily
defift appearing further, though their Intentions were really to ferve his Majfffy
therein. That the faid Fitz-Gerald, when he knew the faid Witneffes were to be
called into either Houfes of Parliament, or fome Committee relating to them, to
give in their Evidence, hath endeavoured to hide them, or fome of them, that they
could not be found'-, and when they have been found, he hath laid violent hands
on them, or fome of them,and would not permit them to go, until they forced
felves away from him 5 and then he threalned them, and thofe that called them,
and with an Oath faid he would break ShaftsburyV Knot', and the better to pre¬
vail with the Witneffes, acknowledged he had received for his fervice One hundred
pounds of his Grace the 7Juke of Ormond, Five hundred pounds from the King,
and a Commijfion to be a Captain 5 afid that his Majefy had fiven him two blank
Patents for Baronets, the one for his Father'in-Law, and the other to be at his
own diff ofng5 and alfo a Grant of the Commons of Rakeale, and all the Commons
of Knock- Greary, in the County Limerick.
4, To
C*1
4. To the fourth Article he faith, That he never in his life-time laboured
or endeavoured by any ways or means to ftifle or keep back any Evidence
againft Sir John Davis,or any other 5 though at the fame time he firmly be¬
lieves, that Sir John Davis is a loyal faithful Subject to your Majefty, and doth
from his heart abominate any Villany or Contrivance againft your Majefty,
he having been as fcrutinous to find out the truth upon the leveral Examina¬
tions of this Refpondent, taken before him and leveral others in ,as.
any perfon whatloever. He confeffes he faid he would break
Knot, but denies he ever mentioned the Earl of to that purpofe:
He confeffeth he received One hundred pounds of your Majefties money out
of your Trealury in Ireland, by order of the Lord Lieutenant and Qounecl
there, and not a peny of the Duke of Or own money, as is malicioufly
fuggefted 5 and he received alio One hundred pounds (ierling more out of
your Majefties Trealury in England,by your Majefties order in Councel, and
no more, which is all the Refpondent ever received to defray the extraordi¬
nary great charges expended by him in leveral Journeys in , and his
Voyage from thence to this place, in prolecution of his Dilcovery, being far
(hort of the real fums laid out by him purely on the account aforelaid, ha¬
ving fpent leventeen months entirely in that Service, wholly neglefring his
own private concerns. He confeffeth, that he was defired by lom,e of his
Friends and Relations, to procure (if he could J two blank Patents for Baro¬
nets in Ireland, from your Majefty 5 denies that ever he laid he had a Grant
of the Commons in the faid Article mentioned, but confeffeth that he in¬
tended to apply for the fame, being parcel of his ancient Eftate, and would
have railed a conliderable fum of Money for the procuring thereof, if it could
be obtained 5 and as to all and every other matter and thing in the faid fourth
Article contained, this Refpondent denieth the lame.
5. That he the faid Fitz-Gerald had Hot only vilified and threatned the faid
Comyns, but had alfo informed Jeveral of the Members of the Houfe of Commons,
that the faid Comyns was a very Rogue, and that he could produce many Records
againfi him, and that he was not fit to be credited $ and alfo terrified and
threatnedjo kill him the faid Comyns, fo that he was fired fir feme time to keep
himfelfin obfeurity. That the Jaid Fitz-Gerald hath not only vilified and abufid
him this Informant, and the Evidence which he was concerned fir, but alfi
Mr. Thomas Samlbn, who came over upon his own accord to ferve his Majefty
that matter, who by his Teflimony therein hath given great fatisfa&ion to both
Houfis of Tarliament.
I ' V , -V ' , .
.
5. To the fifth Article the Refpondent anfwering*, confeffeth and faith,
That he did inform the Houfe of Commons, that Comyns was efteemed a Fool
and a Knave: whereupon, and by reafon of the incoherency of the faid.
Comyns Narrative, as the Refpondent humbly conceives, the lame was re¬
jected but denieth that ever he threatned to kill him, or do him any other
bodily harm: He alio confeffeth, that being provoked, he did correCt Sam fin
in the faid Article named, for fome lawcy language he gave this Refpondent,
whereof the faid Samfin did complain to the Houfe of Commons, who did.
in hearing of his Complaint, adjudge it to be idle and ridiculous: This Re¬
fpondent denieth that the (aid Samjon came over out of Ireland of his own
accord to ferve your Majefty, but was wrought upon to come over out of
wicked ends, by perfons not yet named, ( whom this Refpondent (hall name,
whenfbever your Majefty fliall be pleafed to command him ) to d'lfturb and
deftroy fbme of your Majefties good Subjects in both Kingdoms.
Crf jib at
; in
6. That the faid Fitz-Gerald being examined by a Committee of the of
Commons, againjl Sir John Fitz-Gerald, refufed to give kis Evidence (being his
RelationJ unlefs the Committee would promife to intercede to his for his
the faid Sir John'/ Ear don : And befofe a Committee of the Lords, in his Evi¬
dence he charged Col. John Fitz-Patrick, and Sir Edward Scot, to be Confede¬
rates in the Elot, but at the Lords Bar would , though asked 3 and left their
.Names out in his Narrative publifed in print, of his own knowledge, in that
matter hts mind being fnce altered, upon what confederations may well be judged :
He alfo faid before the faid Committee, that he fared the becaufe they knew
the King had a kjndnefs for him.
S * • •
m « -
6. To the fixth the faid Refpondent faith, That he did never mention to
the Committee of the Houfe of Commons for a Pardon for Sir John
Gerald, otherwife then as followeth: ( '.) That the Committee asking this
Refpondent what he knew concerning Sir John Fitz-Gerald, and the Refpon¬
dent anfwering, That what he had to fay againft him, was mentioned in his
Narrative then in his hand, which he adhered unto 3 a Member of the Com*
mittee thereupon demanded, whether the faid Sir John would own his being
in the Plot ? To which the Refpondent then replied, he did not conceive it
would be proper for Sir John Fitz-Gerald (if he knew he was guilty j to ac-
cufe himfelf, before he was fure of his Majefties pardon 3 or words to that
effeft. He alfo faith, that he declared at the Bar of the Lords Houfe, that by
flying report he heard that Col. John Fitz afld Sir Edward Scot were
concerned in the Plot 5 but how far they were concerned therein, this Re¬
fpondent 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 Juftice 5 and
hopes that God will not leave him, after the example of Hetherington and
others, to follow evil ways, and promote wicked defigns, upon any temptation
whatfoever: And therefore he doth not underftand meaning,
who faith that the Refpondent s mind is Once altered, upon what confidera-
tions may be well judged, the fame being abfolutely falfe, and fcandaloufly
insinuated. And the Refpondent further anfwering, faith, That he being fum-
moned to anfwer Hetherington s complaint, before a Committee of the Houfe
of Commons, the faid Hetherington urged as a great crime in this Refpondent,
that he was a Favourite of your Majefties 3 to which this Refpondent anfwe-
red, that fuppofing he were, (as he never had the vanity to pretend unto any
fuch thingj he hoped he fhould not fare the worfe for that.
7. 'That the faid Fitz-Gerald asked the , or feme of , whether they
retained the Romifh Religion yet,or no 5 who , they did: for which the
faid Fitz-Gerald commended them for Jo doing, for that the Erotefeatfts would
only make ufe of them for their own purpofe and , and afterwards
would hang them.
7. To the feventh the Refpondent faith, That he was, and is ftill of opinion,
that the Teftimony of fuch Witnefles as were all their life-time Papifts, would
•bear more credit, by their not publifhing their changing of their Religion,
until they had firft given in their Evidence 5 but after that done, it behoved
fuch of them as were Priefts, and whofe Judgments were convinced, to de¬
clare their Conformity to the Church of left they be queftioned
upon the Statutes.
»• • ' ;
8. That the faid Fitz-Gerald alfo told the faid , or feme of , th
bat
m
: ,' L 7 ] v
the King 100s fatisfied that the late Lord Stafford tvat innocent, denying -the
Faft at his death,or words to that ejfett 5 and that his Majejly teas not
to Try any more of the Lords in the Tower: And after the Tarliament was pro¬
rogued, he told the faid Witnejfes, or fome of them, that he would remove
their Nejls,
8; As to that part of the eighth Article, (viz,.) That the Refpondent alio
told the faid WItneffes, or fome of them, that the King was fatisfied that the
late Lord Stafford was innocent, denying the Fabfc at his death, or words to
that effeft j and that his Majefty was relolved not to Try any more of the
Lords in the Tower: The Refpondent faith, the fame is utterly faKe, malici¬
ous and hellifti, and humbly fiabmits it, whether any man in his right wits,
would utter fuch horrid things, which never entred into the imagination of
the Relpondent: fo as he humbly hopes, your Majefty will look upon this as
a defign of the faid Hetheringtons merely to defame this Refpondent, and
reader him as obnoxious to your Majefty, as the (aid Hetherington has made
himlelf infamous to (uch as know his pernicious practices: And as to the re-
ftdue of the (aid Article, this Relpondent confefleth he would endeavour, if
he could, to have the faid Hetherington removed from the (aid Witnelles, to
prevent his continuing of thole attempts he had formerly ufed, of perfwading
the Witnefles falfly to accufe perfons, againft whom they declared they had
no crime to object •
' • ; - \
9. That he the faid Fitz-Gerald had kept continual and fami¬
liarity with the four Witneffes which were brought over by a Mcffenger from
Ireland ; and a Ferfon of Quality perceiving it, told him that he had not obfer-
ved the Orders the Commons gave him, which was, that he Jhould not come near
any of the Evidence, nor converfe with them : the faid Fitz-Gerald reply d, that
he was commanded by the King to come there and gave the jaid of
Quality very fcurrilom and abuftve language. The faid fitz-Gerald alfi
the faid four Witnefjes, or fome of them , and asked if they came to hang .
t°<"Plunket-
' > ~ ' -V ; y t
9. To the ninth the faid Refpondent anfwering, confefleth, that he had or¬
dinary converfe with the four men, that lately came from Ireland, namely
Maurice Fitz-Gerald, Morlagh ^Downing, George C oddan, and Taul ,
the two firft giving him an account of his Wire and Family, which he con¬
ceives to be no crime in him 5 knows not what Perfon of Quality the (aid
Hetherington means 5 if it be Sir Henry Jngoldsby, as he can guess no other,
this Refpondent hath already given an account of what pals d betwixt
Sir Henry and this Refpondent, though this Refpondent cannot but admire
what Sir Henry had to fay tothofe perlons, and to what purpo(e,and on what
defign, or by what authority did he come to them: But to what pals'd be¬
twixt this Refpondent and the faid four perlons, this Refpondent referreth
himlelf to them, who are yet in Town. Fi .
. »
10. That the faid Fitz-Gerald faid he was abufed, becaufe he would not accufe
, 'fhe T)uke p/Ormond, and the Chancellor of Ireland, which he knew to be as -
neft men as any in the three Kingdoms. i'*
J William Hetherington.
A true Copy,
^ . • , * fM ^ ^ ^ ; J. ft '** »'• * .. - «. •' » .t i, ■»- vt* v■ « • A * A . ->v v j£L If 4 s• «. - ^ •- j .» • • •'
John Nicholas*
- 1©. To
r
M
10. To the tenth this Refpondent anfwering, confefleth that he Paid, and
he ftill faith, and is ready to depofe, whenfoever your Majefty (hall think fit,
that feveral perfons did labour to perfwade this Refpondent to accufe the
Duke of Ormond, and the Lord Chancellor of Ireland, of. the Plot, as alio
Her Majefty, his Royal Highnefs, and others, as he hath already in his Anfwer
to the (econd Article declared 3 and he alfo confeffeth, (which he conceives
to be no mifdemeanour in him ) that he in his confidence believes that the
Duke of Ormond, and the Lord Chancellor of , were nevei;,concerned
in any Plot or Contrivance againft your Majefties Perfon or Government, but
are true and firm to your Royal Intereft: And he further faith, that he be¬
lieves that the perfons who defigned, or do ftill defign to impeach or accufe
them thereof, or of any fuch abominable pra&ices, do abhor and deteft your
Royal Government, and the happy ftate and condition of your Kingdoms:
And the Refpondent alfo faith, that the reafon why the (aid ha*
fo muchfalflyabufed this Refpondent, was for that he the Refpondent would
not comply with the (aid Hetherington to accufe the aforefaid perfons.
And this Refpondent having in obedience to your Majefties Order in
Councel, bearing date the 4th. day of February inftant, anfwered the
faid Articles exhibited againft him by the (aid Hetherington as aforefaid,
doth with all humility fubmit himfelf, and his laid Anfwer, to your Ma¬
jefty and this Honourable Board, and doth humbly pray your Majefties
fevere Reprehenfion, or gracious Vindication, as his Cafe fhall deferve,
fc c - * ' ' " ' * ' ' -
,
And as in duty bound Jhall ever fray,
4 f •
David Fitz-Geralp."
1, ... ■■
Mr. Day id Fit^-Gerald's Arguments againft ^ Articles
before his Majefty in Councel,
' 1 'H E faid David Fitz-Ger aid being convened the laftSeffionof the Jaft
1 Parliament before a Committee of the Houfe of Commons, upon the
. . complaint of the faid Hetherington, alledging that the faid David
ftifled Evidence againft the Queen, and others, in relation to the Plot, was
difeharged by the faid Committee, and received a juft Vindication: Where¬
upon the faid David petitioned the Houfe of Lords to the fame effeft, with
the following Petition 5 and before any progrefs could be made thereon, the
Parliament was diffolved: fo as he was forced to addrefs himfelf to his Ma-
jefty and Councel by Petition, the fubftance whereof is briefly thus.
'
.. . •• 1 v • , ; •. : ,
'l "<•
That fome cohesions of Money hath been made, and applied to the difpo-
fal of the laid Hetherington and others, the faid Hetherington pretending him¬
felf to be the Manager of the Irijh Evidence 3 That the Petitioner hath great
reafon to fear, that the confequence thereof1 will be prejudicial to his Majefty
„ , and the Nation in general 3 That the faid Hetherington had publickly defa-
is'cierkefthT me^ him, as a perfon that fhould endeavour to ftifle forae Irijh WitnefTes
Privy-Councei againft the Queen, Sir John Davis, and others, and by finifter means to pre-
a^Member'aad vent their Teftimony 3 That the Petitioner conceives, that this is a pra&ice
thereof fet on foot of purpofe to prevent the true difcovery of the Plot, and hath juft
caufe
ip
caufe to fufpedl the fame 5 and that the Paid will attempt his life,1116 faid He-
as he did his reputation : And becaufe the Petitioner can prove by feveral in- fZZffaerZi
ftances, that he hath always encouraged the Witneffes todilcover the whole lws Zd*
Truth, and to conceal nothing thereof 3 and becaufe he hath juft caufe to fear PamPhle£s of
the great difadvantage and difhonour that may enfuc fuch practices to his^W^whichhe
Majefty, (if not (peedily prevented) he made this Addrefsto hisMajefty Jn and the Printer
Councel, that fuch foul and dangerous practices may be detected and de- frcl*forto
feated, and that the Petitioner himfelf (if guilty ) may receive condign pu- r
nifhment, but if innocent, a juft Vindication; .
And Jo he frayed a ffeedy day for the hearing of the matter of his
and Summons, requiring Mr. Hetherington, and fuch as appear to
be his Confederates, to Anfwer j and Summons for his own JVitnejfes to
prove the Charge in his 'Petition.
Hereupon the hid Hetherington appeared perfonally at theCouacel-Board,
where he was examined by the Lord Chancellor in full Councel (his Maje¬
fty then prefent) upon the Interrogatories before fpecified, which the Peti¬
tioner delivered in writing under his hand: And by Hetherington'$ own An-
fwers thereunto, (appearing by the Minutes taken by the Clerk of the Coun¬
cel) it is evident, that lome Money hath been colle&ed in 5 that
Hetherington received part of it 5 that there was no Evidence againft the
Queen, or any other, that the Petitioner ftifled; that Hetherington is a Fellow
of ill life and converfation j that he was in Dundal^ Gaol for holding corre-
fpondence with the Outlaws and Tories in , that he wasthefetwo
years paft in the Marjhalfea in Ldublin, and broke Pi i Ion there, and to came
for England j and that he is not worth a (hilling, &c.
■ * . j. ,• v •» *
t
Now to anticipate Mr. Fitz-Ger aid's proceedings againft him on the laid
Petition, Hetherington exhibits Ten Articles ofMifdemcanour againft Mr.
Gerald, the lubftance whereof is briefly thus.
'(
1. That Mr. Fitz-Gerald at the firft coming Anfw. 1. That he would he glad
of the Witneffes out of Ireland, cherifhed the t0 fee honeB men to appear for the
Witneffes, commended Fujiace Comyns one of ^nngton and Co-
them, and faid he could accufe the greeted ■*» ' '<>-> h'»™" f*
. f . T' f 1 r r 1 commena L*om\nS's that he Was but
Men, or Man in Ireland: but afterwards d.
threatned to kill him, and took occafion to per diem with Air. O Brian, Mr.
abufe and revile him, becaufe he accufed Fitz-Gerald'/ Neighbour in the
fome of Mr. Fitz-Gerald's Friends. County o/Limerick; that it was «»-
reafonable to thinks fuch a Fellow
could accufe the greatefl men, or
■ . man in Ireland.
' ♦ t 0 ■'
•r* ^ ^ ^ a. He denies this chaYge j he told
prove the day and time when the Duke of the Earl of Burlington, thofe
TorF was to be proclaimed King in Ireland he accufed to his Maje-
and that he acquainted the Earl of Burlington files mercy, or undergo the rigour of
he would hang thole he accufed, and bring the Law, he faith he was earnestly
Great ones to prove the matters he had f°hetrcd, (ince he came r« London,
rharaed them with t0 aCCUe the $lleen>the Duke,Ot-
cnarged them with. mond, Chancellor of Ireland, and
' John Davis of the
* -tit 2 >7 vi j - 03 1 - - ■ & - -■ ■ * ■ *
5. That Mr. Fitz-Gerald laboured to bring Be fays it u needlefs to labour
Mr: Hetherington and the Witneffes into his that, witneffes and Records prove
■ D him
y
C
\
r
him And his Witnejfes to be Villains;
he confejfeth, that he believeth feed
ColteUions "have been made 5 that
Sir Will. Waller received part of it,
and Hetherington another fart of
it, but patd nothing of it to the
Witnefjes.
4. He denied to have (lifted any
Evidence againft Sir John Davis j
ho confejfeth he Jaid he would breaks
Hetherington^ Knot, but denies he
ever mentioned the Earl of Shafts-
bury to that purpofe 5 he confejfeth
to have received 100L out of the
Treafury in Ireland, by Order of
Councel there, and no more, and not
„ , , . a peny of the Dukg of Ormonde
* Net® here, he r ' * , ♦ L*.
would make mone7 ? 100 '• m°re tn f n§,a"d ^
the King au- Order of Cottncel, out of the 1
thor of ftifling fury, und not a peny more; he
the Evidence fejfeth he was defired to procure the
ofthePloMnd blankTatents, and that he would lay
o/it • whkh dHt mow7 for a lrmt °f*bofe Coru-
mons, being part of his ancient
E&ate, if it might be obtained. /
ought not to
pafs without
due reprehen-
fion.
y. He confejfeth that he did in¬
form the Houfe of Commons, that
Comyns was a Knave and a Fool,
and that by reafon of the incoherence
of his Narrative, he conceives it
Note,this Saw- Was rejected} he denieth to haue
foms one of the threat ned him} he confejfeth, that
Witneffes that being provoked, he did correal Sam-
Earl 5 %,ne. ff k /f7 he denies
that Samfon came cnt of Ireland to
ferve the King, but was wrought
upon to come over to diSburb and
deftroy your MajeJliesgoodSubjeSls.
6. He denies the fir SI part, prout
anfwer more particularly 5 he only
heard by flying report they were pre-
fent at Confults in Dublin, and jdid
no more of them at the Lords Bar.
7. He faith, he was and is ftill of
opinion, that the TeSiimony of (uch
Witnejfes as were all their life time
PapiSls, would bear more credit by
not publiftoing the change of their
Religion $ but after that done, the
TrieSts mujt conform, left they may
be queftioned on the penal Statutes
^ here in England. ^
8. He denies that preemption j
but confejfeth he did and will endea¬
vour to remove , he being
wicfed Suborner, &c.
/
Cfo3
Majefties disfavour, and to caft reproaches
upon them 3 and that 3000 /. was colle&ed
for them in London.
4. That he endeavoured to take off the
Wi metres from giving their Evidence on his
Majefties behalf, particularly in the cafe of
Sir John "Davis 3 that he told them, his Ma je-
fty was dilpleafed with Hetherington $ pro¬
ceedings 3 that he procured them to Petition
his Majefty, intimating they were informed
his Majefty did not look upon them, as com¬
ing to do him Service • and that if it were fo,
they would defift appearing further. That he
did ufe to hide the Witnefies, when they
were called upon by either of the Houfes of
Parliament 3 that he laid violent hands on
fome of them 3 that he fwore he would break
Shaftsburys Knot 3 that for this Service he had
100 /. from the Duke of Ormonde * 500 /.
from the King, a Commiffion to be a Captain
of Foot, and two blank Patents for Baronets.
• ' / r* . i '*
5. That he informed feveral Members of
the Houfe of Commons, that Comyns was a
very Rogue 3 that he could produce many
Records againft him 5 that he was not fit to
be credited 5 that he threatned to kill him:
That he alfo abufed Mr. Thomas Samfonr who
came over upon his own accord to fefve his
Majefty, who by his Teftimony gave great
fatisfa&ion to both Houfes of Parliament.
6. That before a Committee of the Houfe
of Commons he refufed to give Evidence
againft Sir John Fitz-Gerald, unlels the Com¬
mittee would promife to intercede to the
King for his Pardon: That at the Lords Bar
he accufed Col, FitzrPatricbj Sir
Scot, and left their names out in his Narrative.
/ v
7. That he commended fome of the Wit-
neffes for retaining the Romifh Religion, for
he faid, that th eTroteffantswould make ufe
cf them for their own purpofe, and hang them
afterwards.
* . ' ' -
8. That he told fome of theWitnefles, that
the King was fatisfied of the Innocency of the
Lord Stafford, and that his Majefty was re-
folved not to Try the Lords in the Towers
and laid, that after the Parliament was proro¬
gued, he would remove the Witneffes Nefts.
9. That
- I
.\
L««]
V , 1
9. That he kept continual correfpondency
and familiarity with the four Witneffes that
came lately from Ireland, contrary to the or¬
der of the Committee of the Houfe of Com¬
mons j That he reviled and abufed a Perfon
of Quality, that reprehended him for fo do¬
ing j That he abufed thole four Witnefles,
and asked them if they came to hang poor
Tlunkst.
: \ . w ..
10. That he Paid, he was abufed becaufe
he would not accufe the Duke of
and the Chancellor of Ireland, which he knew
to be as honeft men as any in the three
»
Kingdoms.
;e
proof
- ...
9. He denies this j he refers him -
felf to the four Witneffes, namely
Maurice Fitz-Gerald. Mortagh
Downing, George Coddan, and
Paul Gormly if he means, by that
Perfon of Quality, Sir Henry In-
goldsby, he refers himfelf to the
Board as to that.
10. He confeffeth, as in his An-
fwer to the fecond Article, he was
folicited to accufe them, and alfo the
JQueen, and the Dukj of York 5 he
knoweth nothing" againft them\ he Not^>that he
r . r tt 1 • ° ^ d / r /• / would make it
fattb,Hcthtxingtonabufes himthm a Q.imefor a
becaufe he would not comply with man to declare
him to accufe the faidperfons. the honefty of
thefe 'two
Hereupon an Order was conceived by his Majefty in Councel the 4A 0f^ n
February inftant, that a Copy of the (aid Articles (hould be delivered to ,
Mr. Fitz,-Gerald, to return his AnPwer in writing, and alfo that Mr. Fitz-Gerald
(hould exhibit his Charge againft Hztherington } both which Mr. fitz-Gerald
performed, the fubftance of his AnPwer being briefed in the margin to each
Article, as before} and his Articles againft Mr. , with th
of each Article, is briefly as followeth. Read the Articles at length.
* N , « c ^
As to- his breaking of Fr if on, y Ide
his confejjion to the ych Interro^. on
the Minutes 5 that he correfponded
with the lories, vide his confejfion As [°
, 7 J. JJ rAZton s lire
as to the jf* InUerrog. that he was and converfa-
upon fufpteion of it committed to tion, fhow Ser
DundaUk Gaol then; call Ja; Mur- jeant Osforn s
phy 3 Ovven Murphy , read their Certificate,
Letters or Depofitions, or examine
them verfanally upon Oath 3 that he oircuit in In
pretended to be, but was no fuflice 5 Lnd forne-
vide his confejfion on the 7th Arti- times.
cle 5 to prove his poverty, call
Mr Bradly W >/r Roberts, vide
his Anjwer on the 9^ Interrog.
Conftat, he is fo called; ask^him
who made him a Manager : that he
endeavoured to fuborn Witneffes
againft the Jf}ueen, the Duke of
YQrk,&c. call Hugh Duffy, John
MacClevc, John Moyre, George
Murphy.
To prove he received the 100 I.
call Mr, Squib an Officer of the
Treafury, and Jhew the Orders and
Receipts 3 that he did not pay the
money over as he Jhould, call John
Moyre, Edm, Murphy, Daniel
Fynane, James Callahan, thefe
were to receive part, and did not;
to prove the money collected and re¬
ceived in London, call Mr. Roberts
on Oath9 &c,
2. That '■>
» . ^ t * * ' * •» v
1. That he broke Prifbn in Dublin } that
he correfponded with the Outlaws and To¬
ries in the North of Ireland} that he was for
the feme imprifoned at Dundalb, 5 that after
breaking Prifon in Dublin, he fled over into
England } that he pretended to be a Juftice of
the Peace in Ireland, to gain himfelf reputa¬
tion here $ that he had no money in his purfe
but 1 /. 6d. and his Apparel not worth half
a Crown} that he procured himfelf to be
(tiled, the Manager of the Irifh Evidence} that
he endeavoured to fuborn Witneffes to ac¬
cufe perfons of the higheft Quality under the
King, of Treafon.
1
A * v*
2. That FJetherington got IOQ /. of the
Kings money, that he kept all to himfelf, and
did not diftribute it according to Orders, on¬
ly 10 /. he gave the four Priefts} and that
he received monies in London for the Injl)
Witneffes.
;i 2
Let Mr. Hetherington prove what he did
with the money, and bring Witneffes viva
voce, if he cast.
- • r• - a ' L"3 ,
« ♦ .
Let Mr. David Fitz-Gerald have 3. That he laboured to bring an odium up-
ns Oath j let him declare the place on the King, that he declared he brought a
atWeftminfter, the place with the Bu], or Brief out of JnUud under the p&
Parliament-man, the placeman- « . , . . Arricl#»
don before Capt. Morley. . beal>&e'- as m the Artlcle*
' * ; ' t,' - J "" .
Let John Mac Nemarra'/ Oath to this point, upon the laji and ioth- of my
Interrogatories, be read j and let Mac Nemarra be asked, if he did not
confefi it before a Committee of the Houfe of Commons : let Burk alfo be
examined to this 3 though they both note, to prop up themfelves, fide with
Hetherington: fo as Idejire to know whether there be good proof with¬
out them. Fully proved.
V I
Moyre, George Morphy; all pro- tereft in Ireland, &c did endeavour to fuborn
ved by the aforefaid per(ons. Witneffes againft the Queen, the Duke, -
mond, and the Chancellor of Ireland.
» h -•
i
Firfi, that Hanlan and his Con- 5. To prove his correspondence with Han-
federates are proclaimed Rebels and lan, and the reft of the Tories in Ireland, and
Traytors, call the Right Honourable endeavoured to procure them to come in to
^Ireland Corned djfcover the plot, ("though ^
» r , ' !
. \ *
This appears on the firjl Article, Hetherington being committed to Dundalk
Gaol: and if your Majelly be not fatisfied, call James Morphy and
Owen Morphy, and let Secretary Jenkins fhew James Morphy's
James Morphy proved the fame.
j . • f . . ' . >M 1 '
/ . • ' ' ' *' ' 1
Call John Luker, Peter Linch, 6. That he hath brought over Witnefie*
, Michael Rely, and Keho j fully out Qf Ireland, as he pretended,
proved.
Z.et them declare if one Geoghan a Frier did not go hence from England,
and had his Majefiies Warrant, (which is the fame that Mr. Hethering¬
ton procured) and that they were harraffed upon this Warrant : that
?Now it is eafie to make John Power * Jufitce of the Teace, was on his
appear, thac there was relation imprifoned in Watertord j fo was Mr. Richard
bat one blank Warrant Fitz-Gerald, a great Dealer and Trader , fo was
obtained, and hereupon Matthew Hore Efiyy John Nugent Efq3 Mr. Dalton
thefe Carrie4 men were fhe Minifler of Dungarvan, ^ Jujl ice of Teace, threat-
brought over. The C arge . ^g dea^ r Monies in places ;
prove to tne fa . others he forced from their Houfes, &c. let him declare
the mifiry and trouble the Country is put in , and that this Geoghan is
now for his great Villany committed in Dublin by the Lord . ,
. I1?]
* f *• "
ARTICLES of a tnoH high and tranfcendent nature, frefented and exhibited to
the Kings moji Excellent Majefiy, and the Right Honourable the Lords of
his Majejlies tnojlHonourable Privy-Councel, by David Fitz-Gerald, againjl
- William Hetherington, in obedience to his Majejlies Order in Councel bearing
date the 4th- day of February injlant.
i.' | 'H £ laid David Fitz-Gerald, praying the liberty at any time hereafter,
as occafion (hall require, to explain the Articles hereafter following,
and rurther to Impeach the (aid William Hctherington, doth now moft humbly
fay and propofe, That the (aid William Fletherington, having broken Prifbn in
Dublin, correfponded with Hanlau, and the re(t of the Outlaws and lories in
the North of Ireland, and having defrauded and cheated many of his Maje¬
fties good Subjects in that Kingdom, repaired into England, and untruly pre¬
tended to (bme of his Majefties goodSubje&s here, to gain himfelf reputation
and credit in England, that he waslometimes a Juftice of the Peace in fome
County in Ireland, and had a confiderable Eftate there, though he had but
eighteen pence in his Pocket when he came to , and all his Apparel
was not worth half a Crown, procured himlelf ( but by what, or whole means
' or Authority, this Proponent doth not yet know) to be ftiled, the Manager of
the Irifh Evidence, thereby to have the opportunity to relieve his diltrefs,
though by the (hipwrack of his Confidence, and utter ruine of his Soul '-> and
alfo by fuborning Witnefies to accule Perfons of the higheft Quality, uext and
under his Majefty, of Treafon, and to accufe others of the like crime, thereby
inftead of (erving his Majefty, according to the duty of his pretended Office,
to difturb his Majefties happy reign over his Subjects, and the peace and tran¬
quility of his Kingdoms.
2. That the faid Hetherington, the better to effedt his (aid Wicked defigns,
got into his hands One hundred pounds of his Majefties money, to be diftri-
buted amongft the Irifh Witneffes, who were all needy, and miferably poor,
which (urn he converted to his own u(e, but Ten pounds only he diftributed
amongft four Priefts, and others of the Witneffes 5 and hath alio received di¬
vers (urns colle&ed in the City of London, for the Irifh Witneffes, wherein he
hath not juftly difcharged his Truft.
3. That the (aid Hetherington laboured all ways and means he could, to ren¬
der his Majefties Royal Perfon and Government odious, as well to his Subjects
of England, as of Ireland,and to induce them to a belief, that his Majefty is a
favourer of Papifts and Popery, thereby to ftir up the people to Rebellion,
x both in England and Ireland 5 for he the (aid Hetherington did divers times,
in open Companies and plades in the City of London, and el(e where, publifh
and declare in the hearing of his Majefties Subjects, that he brought with him
if out of Ireland into England, a Bull or Brief under the Seal of the Pope, or Bi-
(hop of Rome, difcharging his Majefties Popifh Subjedfs of Ireland from their
Natural Allegiance to his Majefty 5 And that he himfelf in perfon, did ftiew
and produce the aforefaid Bull or Brief to his Majefty, and acquainted his
Majefty with the tenour thereof 3 and that his Majefty took no notice of it,
but in and towards the favouring and countenancing of Papifts, and for the
introducing of Popery, did reject the fame.
4. That the (aid Hetherington, intending to bring the Queens Majefty, and
his Royal Highnefs the Duke of Fork., into the hatred of his Majefty and of all
his Subjeffs, and to deprive them of their Lives, Eftates, and Royal Dignities,
and alfo intending to weaken his Majefties Intereft in Ireland, and draw away
the affe&ions of his Subjects there from him, hath by entreaties and other
ways of perfwafion, endeavoured to (uborn Witneffes to fwear, that the
Queens Majefty, his Royal Highnefs the Duke of Fork,., and the Duke of Or-
mond ,as alfo that the Lord Chancellor of , and others his Majefties
E • loyal
C*2]
loyal and faithful Subjects, were privy to, and principally concerned in the
Plots both in England and Ireland, againft his Majefties Perlbh and
Government.
5. That the fai4 Betherington, the better to com pals the enterprizes afore-
laid, and'to ftrengthen his proof againft her Sacred Majefty, his Royal High¬
nels the Duke of Torthe Duke of O, and others as aforelaid, as alio
to anticipate the faid Duke of Ormond, Lord Lieutenant of Ireland, his en¬
deavours to reduce Banian, and the reft of the Tories in the North of Ireland,
to their due obedience, hath for Ibme time paft held, and ftill doth hold, pri¬
vate correfpondence with the laid Banian, and other Outlaws and Tories in
the North of Ireland,though many of them are guilty of Murthers, and Out¬
lawed or proclaimed Rebels, according to thecourle of the Laws there : And
did by his Letters invite the laid Banian and his Confederates, to give out in
fpeeches, that he and his Confederates were privy to the Plot in Ireland againft
his Majefty, and that he and they coulcf prove that her Majefty, his Royal
Highnels the Duke of Tork^ the Duke of Ormond, and the Lord Chancellor
of Ireland, were principally concerned therein, lo as fuch Declaration might
be made publick here in England: That Ihen if would but lend him
the faid Betherington a competent fum of money, and would really fwear
("though falfly) againft, the Queen, his Highnels, and the reft, he would under
pretence of fuch his dilcovery of the Plot, and giving Evidence as aforelaid,
obtain his Majefties Pardon for the laid Banian and his Confederates, for all
Treafons, Murthers, Felonies, and all other offences whatloever 5 thereby in¬
tending no good to his Majefty and People, but confufion and trouble, and to
put a piece of Banians money into his own Pocket, and to luborn the laid
Milcreants to fwear as he Ihould difrate to them, hoping to better his condi¬
tion by the ruine of his Majefties good Subje&s, that he proje&ed would enlite
thereupon. . - k
6.That he pretended tohavea great many lubftantial and credibleWitnefles
in Ireland^to prove the IriJ,h Plot, whofe Names he could not then remember,
as he alledged, and therefore obtained a blank Warrant from his Majefty, to
fetch over the laid WitnelTes into England: That under colour thereof, he
hath by his Emilfaries there cauled feveral Gentlemen, as well Papifts as Pro-
teftants, and Juftices of the Peace in many Counties, Towns, and places in 7«e-
- land, to be Impriloned, forced other ignorant men to pay monies for not trou¬
bling or molefting them, and at length brought over into England (amongft
others) fix horteft periods, Inhabitants of Carricf^znd ClonmeH, as Witnefles,
add on their arrival in London, imployed one End ace t omyns to perfwade them
to fwear againft their knowledge, in Affirmance and Juftification of what
(omyns had already untruly fworn 5 And this he did purpolely to abule his
Majefties Warrant and Royal Authority, to put his Majefty to great charges,
to amule the Vulgar, to hinder the faid perfons in their own private concerns,
becaule they would give his Emiflarics no monies, to difcourage Trade and
Dealing in Ireland, and to create an univerlal difquiet^ and terrible apprehen-
lions in the hearts and minds of his Majefties Subjefts there, of imminent and
liidden dangers and calamities, the faid Hetherington thereby labouring and
wickedly defigning to bring an odium and Icandal upon his Majefty, and his
Royal Government.
All which Articles the {aid David Fitz-Gerald isready to aver and {rove, as his Majefty
and this mojt Honourable Board (hall award: And humbly prayeth, that the faid
Hetherington may be committed, or fo fecured, as that he may be compelled to Anfwer
the fame: For that the Jaid David Ficz-Geraid hath good reafons to believe, that the
faid Hetherington will not abide a Hearing in this caufe, but will make his Efcape with
Impunity, to the Encouragement of ill men, and in contempt of his Majefty and this
Honourable Board; wherein the faid David Fitz-Gerald humbly fubmitteth to his
Majefiy, and your Lordjhips treat rvifdom and direFtlsn,
FINIS,