To the Kings Most Excellent Majesty a true and exact relation of the petitioner James Carol, in discovering the treasonable words spoke by one Thomas Allin ... Carol, James. 1673 Approx. 20 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A34694 Wing C646 ESTC R36271 15625900 ocm 15625900 104244 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A34694) Transcribed from: (Early English Books Online ; image set 104244) Images scanned from microfilm: (Early English books, 1641-1700 ; 1183:4) To the Kings Most Excellent Majesty a true and exact relation of the petitioner James Carol, in discovering the treasonable words spoke by one Thomas Allin ... Carol, James. 8 p. s.n., [S.l. : 1673?] Wing suggests imprint of 1681; dated "1673?" by Harvard University Library--NUC pre-1956 imprints. Reproduction of original in the Cambridge University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Allin, Thomas. Great Britain -- History -- Charles II, 1660-1685. 2006-06 TCP Assigned for keying and markup 2006-06 Aptara Keyed and coded from ProQuest page images 2006-07 Jason Colman Sampled and proofread 2006-07 Jason Colman Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion To the KINGS Most Excellent MAJESTY . A True and Exact Relation of the Proceedings of the Petitioner James Carol , in discovering the Treasonable words , spoke by one Thomas Allin , and unjust Prosecution used by the Earl of Clanriccard against the Petitioner for the same , to the Petitioners Damage above 1000 l. already ; tending not only to the Petitioners utter undoing , if not speedily Relieved by your Majesty , but likewise to the discouragement of all Loyal Subjects , from discovering the like Treasons hereafter . To the King 's most Excellent MAJESTY . THe Petitioner , together with James Caroll the Elder , the Petitioners Father , having occasion to Travel in your Majesties Kingdome of Ireland , to buy Wool , Skins , and other Commodities relating to the Calling of your Petitioner , did on the 12 th day of April 1672. arrive at Tortumlin in the County of Galloway , a Town belonging to the Earl of Clanriccard , and took up their lodging at the house of the abovenamed Thomas Allin an Innkeeper living at the Blackspread-Eagh there . The said Thomas Allin falling into discourse with them , and supposing them to be Irish , ( your Petitioners Father speaking that tongue ) did demand of them What News there was abroad ? to which they replyed , that they had been Travelling up and down the Countrey , but had heard no strange News , whereupon the said Allin told them in English as followeth , Viz. If ( said he ) we have news that the Dutch are beaten , then my Lord of Clanriccard will presently sound a Trumpet and I will go along with him , and three or four score more of this Town , well Hors'd and well Arm'd , and every man five pounds in his pocket , and I hope I shall kill one hundred of the Protestants , Anabaptists , Independants , and such like Phanatick people , before I am killed : for I expect a Quartermasters place myself , and I will have some of them upon the point of my Sword before the last of June . And as for those that are here in this Countrey , we will soon cut them off , for they shall have no help to come from the other side of the Brook ( meaning England ) there shall be no shipping to come to help them , for we will cut them off in a Months time , we shall be twelve to one , we will leave them neither Root nor Branch , and not spare them as in the former Rising . The Petitioner sitting at the Table with the said Allin , and his said Father , took out his Pocket book , and his Pen and Ink , and in his said Pocket book did write down the aforesaid words as the said Allin spoke them . The Petitioners Father hearing the said Allin speak the words aforesaid replyed , This is strange news indeed ; to which the said Allin rejoynd : Why did you not hear what was spoken at Mass last day , ( Which was the Easter . Monday before ) at every word cursing the English , and declaring their wicked and bloody intentions against them . The Petitioner upon his return to Dublin , holding himself obliged in bounden duty and Allegiance to your Sacred Majesty , and natural affection to his Countrey-men the English Prorestants of that Kingdome , to make known such Treasonable words against your Majesties Crown and Dignity , did repair to Doctor Toppham a Master of Chancery there , and upon his corporal Oath , did declare to him the whole business as aforesaid . The next day after which Declaration , your Petitioner was sent for to appear before the Lord Berkeley , your Majesties then Lord Lieutenant there , by whom he was examined concerning the premises , which he again confirmed upon three several Examinations , before the said Lord Lieutenant and your Majesties Councel there ; after which he was sent for before Sir Robert Rooth Chief Justice of the Common Pleas , and by him engaged to prosecute the said Tho. Allin for the Treasonable words aforesaid . The said Tho. Allin being sent for by a Pursevant , who mist to attach him , did soon after appear at Dublin , and with him the Earl of Clanriccard , the said Allin being examined before the said Lord Lieutenant and Councel , concerning the Treasonable words spoke by him as aforesaid , did deny the same with dreadful execrations and Oaths confirming the same , with asserting that the Petitionar was neither at his house nor at the said town of Portumlin , at the time before mentioned , whereupon the Petitioner being examined in the presence of the said Allin confirmed the Accusation aforesaid , and did further prove his being there contrary to the assertion of the said Allin , by a Bond taken at that time for performance of a Bargain of Goods the Petitioner had bought and to which one Simon Allin Brother of the said Tho. Allin , was witness , whose hand the said Tho. Allin could not deny , offering further to prove the truth of what he had asserted by his said father James Carrol , if his Excellency and Councel would please to send for him . But they being fully satisfied of the truth of the Premisses from the Petitioners circumstantial Evidence sought for no more , but then proceeded to press the said Allin to make an ingenious confession of the whole truth , telling him if he did not , it would be worse for him ; But he persisting obstinately in denyal thereof t was by them ordered to be committed close Prisoner without Bail or Main-price , commanding the Goaler to take him away . Nevertheless , the said Allin was at liberty the same day , upon what motives the Petitioner troubled himself not to inquire , being satisfied that he had discharged his duty . About two Months after , the Petitioner with his said Father , having a new occasion to travel into the said County of Galloway , arrived at the River Shanon near Portumlin aforesaid , where the wind being high , it was late before the Ferry-Boat could pass them over to Portumlin side , where arriving on a Saturday night and finding the Inhabitants of that place to gaze upon them , & to draw Tumultously together they believ'd it not safe to continue there , and though very Wet and Weary , did rather chuse to travel four Miles farther , to a lone house standing on the road to Laughrea , but six miles short of that place whether they intended to go had not the delay at the Ferry prevented them , but the next morning being the Lord's day , came into Laughrea aforesaid , about seven in the morning , and there stayed all day and night . But very early on Monday morning ( at the Instigation of the said Tho. Allin and other his accomplices ) the Constable of Laughrea , with others with them , rudely throwing open their Chamber door , and affrighting the Petitioner and his said father out of their sleep , did attach them by Vertue of a Warrant from one Donnolan Steward to the said Earl of Clanriccard and Justice of Peace , on pretence of Travelling on the Sabbath day ( though several of the Neighborhood had come in with Cart and Horses loden from a fair the day before , twenty Miles from thence , and were for their more Notorius travelling on the Sunday , no ways molested by them ) they further Seized on a case of Pistols and two Swords belonging to this Petitioner and his said Father , lying on the Table , and only used for their defence , telling them thy believ'd they intended to kill some body with them , which Arms they never yet could get restor'd , so forcing them out of their Beds , they carried them six miles before one Justice Dean , who reproving them for travelling on the Lord's day ; told them withal , that he had heard they had given in Evidence against the said Earl of Clanriccard , and so commited them to Prison to Laughrea , whither he commanded the Constable to carry them , and not to take Bail , though he pretended to this Petitioner and his said Father , they might give Bail. In this Prison of Laughrea they remained five days without any covering but the Clothes on their backs , or any Bed to lye on ; none daring all that while to relieve them ( though willing enough ) either by Bailing them , speaking to them , or conveying a Letter for them to Galloway , but eleven Miles thence , though they proffered any money for it , and their own Horses to ride on , being charged at their Perils to the contrary , and fearing the displeasure of the Earl of Clanriccard : The better to colour which proceeding , they Instigated some to report that the Petitioner's Father had a design to Burn the said Town of Laughrea , pretending that besides that information they had seven or eight Indictments to bring against them at Galloway Assizes . Thus they lay in that Goal , and might perhaps till this time , had not the Petitioner by strange accident out at a window , obtained the conveyance of a Letter to some friends of theirs at Galloway , who thereby understanding their sad Condition , made Application to the Judges of Assize then there , and obtained an order for their removal thither wither they were brought by the Goaler late at night , and clapt into the vildest Prison in all that Town , amongst the condemned Rogues and Malefactors , without any Accommodation . The next morning they were brought before the Judges , where an Indictment for Travelling on the Sabboth day , was read against them both . And another Malicious one against your Petitioner's Father , for the Fictitious intent of firing Laughrea beforenamed , which no man appear'd for to make good : To the first on the Courts demands they submitted : to the last your Petitioner's Father put in a Traverse , and though no Prosecutors appeared , they were forced to give One thousand Pounds Security not to depart the Town till the end of the Assizes ; at the end of which , being fifteen days after , they were again bound to their good Behaviour , and to appear the next Assizes after , which they accordingly did , though above 100 Miles from their habitations , where , after staying fifteen days more , and no evidence appearing to make good their Indictment , they were discharged by Proclamation , paying Fees : No remedy being found for so great Afflict ions , as they sustain'd by the aforesaid ernel Usage , and hard Travel , extraordinary Expences , loss of Time , and hindrance in their Callings and Business . But as if all this malicious proceeding had been nothing , your Petitioner had not been return'd to Dublin above a week , to follow his imployment , but he was Arrested in the name of the said Earl of Clanriccard , in an Action of 10000 l. on pretence that he had slandered the said Earl , to the dammage of the said Sum : And thereupon was hurryed to Prison : where , after lying four dayes , he procured Bayl , and being ready to come forth , had another Action of 20000 l. in the said Earls name laid upon him , when having after two or three dayes more procured Bayl to that too , he was again detained on a third Action at the same Earls Sute for 30000 l. all three amounting to Threescore thousand pounds , laid upon him utterly to ruine him , by keeping him in Prison all days of his life ; but after fourteen dayes durance , your Petitioner procured by Habeas Corpus to be brought to the Common-Pleas Barr , where tendering Bayl to all the said Actions , the said Earls Councel moved to have time to consider of the sufficiency of the said Bayl , which was granted by the Court till next day , and the Petitioner remanded . But then the said Earls Councel in open Court , told the Judges that they had no advice from the said Earl to prosecute the Petitioner , and that they conceived some persons had prosecuted him out of malice , or purpose to curry fovour with the said Earl , and desired he might be set at liberty , and accordingly he was paying Fees without Bayl , but left without all remedy to recover his charges and damages , the said Earl being now declared to be no prosecutor , though the Actions were in his name . But all this vexation suffised not , but being fully resolved on the destruction of the Petitioner , for his innocent , though zealous performance of his duty in revealing the said Treasonable words : he was again , about a week after , Arrested by a Action out of the Kings Bench at the said Earls Sute , to which he gave Bayl , and again , about a week after , was Arrested at the same Earls sute in another Action out of the said Court , to which he likewise gave Bayl : The first of which actions was dismist for Non Pros . on the second was declared that the Petitioner had slandered the said Earl , to the damage of 2000l . and though the said Action was brought in Dublin and the Declaration put in there , the said Earles Councel moved the Venne might be laid in Galloway and the Action tryed there ; whereupon the said James Petitioned the Court that it might be tryed in Dublin , setting forth that Dublin was the place where he had made discovery of the Treasonable words spoken by Allin , on which the Action was grounded , that his Witness to prove Allin spake those words , was in Dublin , that Galloway was a place where the Earl was very potent , he keeping his Courts there , and above One hundred Miles from the Petitioner , and his witnesses habitation , which travel would be to his Cost , Charge , and Damage , besides , the eminent danger of his Life in coming thither from those rude and Exasperated persons that liv'd on the way : That what he had done , was in faithful discharge of his duty to your Sacred Majesty , wherein he had done the said Earl no wrong , nor never had cause to do that , if the said Earl was any ways slandered , it was by the said Thomas Allin , against whom in right and justice , he ought to take his remedy , and not against the said Petitioner . Yet notwithstanding , several Petitions , to the Effect aforesaid , preset'd to like Court , they were all over-ruled by Judge Jones , the only Judge then upon the Bench , and he forced to Travel with his Witness to Galloway , to attend the said Tryal ; where arriving , he could get no Counsel for Money , to plead for him , when Petitioning the Judges to Assign him some , the Earls Counsel urged there were three at the Barr , unretain'd by the said Earl , which proving all Irish Papists : Yet the Petitioner was forced to be contented to retain them or none . The Matter in Issue , was for the Petitioner to prove that the said Allin had spoke the Treasonable words aforesaid , which he did so well , that one of his Counsel told the Court , that the Evidence was so full , that if it had been given against a Malefactor , it had been sufficient , but was over-rul'd by Judge Jones's saying that was not the Case now , and beckoning with his hand when he spake the word , so that none of the Petitioners Counsel opened their mouth after ; yet Judge Povey told the Jury that it was sufficiently proved , Allin had spoken those words : However , the Jury being some of them Outlawed , some of them Tenants , some Bayliffs , and all one way or other related to the said Earl , he himself being present at the said Tryal , brought in a Verdict against the Petitioner for 2000 l. Damages , and 6 d. Cost , and hath since in Dublin , obtained Execution against the Petitioner for the same . This Petitioner hath been since perswaded to submit himself to the said Earl , and confess his Fault , and to say that what he hath done , was at the Instigation of some others , which was his only way to be safe ; else , it was added , that let the Petitioner return to Dublin which way he would , there were those related to the Earl would meet with him , & do his work for him : ( This was in Galloway soon after the said Tryal ) to which this Petitioner replyed , that he was never put on by any one , that what he had declared , was no more than what Allin had said : and what if he was to do again , he would do as became him in duty , but that he would take the best care of himsef he could , in returning home , trusting to God to preserve him from such as sought unjustly to do him hurt : And to that purpose finding himself often threatned and sometimes struck , in Galloway he was forced , together with his said Father , to get thence in the night , to forsake the common Road , and to go all the by ways they could , to secure their Lives , they having been since credibly informed , that they were persued by seven persons neer sixty Miles , who missing of them returned . May it therefore please your Majesty , in tender Consideration of the Premises : That is , First . That what the Petitioner did in discovering , the said Treasonable words , was in duty to your Majesty , and Obedience to the Law. Secondly . That he proved the same to the full-satisfaction of your Majesties Lord Lieutenant and Councel , who else would have deservedly Committed him . Thirdly . That his undoing by the same , tends to the Discouragement of all Loyal Persons for discovering Treasons coming to their knowledge hereafter . Fourthly . That if the said Earls Prosecution had been just , as 't is most notoriously otherwayes , yet his manner of proceeding against your Petitioner hath been full of all kind of violence , by suffering his Servants to prosecute him by illegal Imprisonments , Indictments , Arrests , and other ways , forcing him to so many chargeable Journeys , to the loss of his Credit , and imployment , to his Detriment above 1000 l. already , besides by a Jury of his own Creatures taken by a Tales in Court , utter strangers to the Petitioner , and therefore not to be excepted against by him , the retaining all indifferent Councel , procuring the venue to be layed where he was most powerful , &c. to procure a Verdict , Judgment , and Execution against the Petitioner , for the said Sum of Two thousand Pounds , thereby driving him from his Habitation , Aged Parents and Calling , to his utter Ruine , if not relieved by your Majesty . All which is humbly submitted for a remedy . FINIS .