THE Indictment and Arraignment OF John Price Esquire. Late Receiver-General in Ireland. With a Hundred and one other Protestants, at Wicklow, before John Keating Esq Chief Justice of the Common Pleas a Protestant, and Henry Lynch Knight Baron of the Exchequer, a Papist: With variety of Arguments between the Judges and Council, and the Lord Chief Justice Keating Charge to the Jury. A LETTER sent to and Read by the Judges in the Court, for a Loane for the Popish Armies Subsistance. With an Account of the Seizing and Condemnation of Sir Thomas Southwell, and Two Hundred other Protestant Gentlemen at Gallaway. Sir Laurence Parsons and several others at Birr and Maryborough, in the King and Queen's County in Ireland, and the Barbarous Execution of some of them. Collected by a Person that was present, and took the same in Writing. Licenced July 17 1689. I Fraser LONDON: Printed for Robert Clavel, at the Peacock in St. Paul's Churchyard. 1689. THE Arraignment and Indictment Of JOHN PRICE Esq Late Receiver of IRELAND, and One hundred other Protestants at the Town of Wicklow in Ireland. JOhn Price Esq Receiver General to the late King Charles the Second, having his Countryhouse in the County of Wicklow, at Ballinderry, twenty four miles from Dublin, did for the safety and preservation of himself and Family, obtain the Lord Deputy Tyrconnels Protection, (as many more of the English Protestants living in the Country at the same time did) for the late King James going away for France, and the Administration of the Government being put into the hands of his present Majesty; the Lord Tyrconnel gave out Commissions (for the raising a mighty Army) to any Irish Papist that would take one, and promise to subsist, Maintain, and Cloth their Men for three Months; most of these New Officers are men of mean Fortunes, not capable of subsisting themselves; their men live altogether on the English, coming into their Houses in the day time, and commanding from them their Meat and Drink; and often Robbing them in the night, stealing away their Cattle. Likewise the Priests of every Parish obliged all their people to furnish themselves with Half pikes and Skeanes, and bring them to Mass, or not presume to appear there, on the penalty of Excommunication, or a severe punishment; which caused all the Irish to Arm themselves with the aforesaid Weapons; upon which Robberies, Thefts, and other Outrages were daily committed upon the English; particularly in the County of Wicklow, where some Hundreds were got together for that purpose, who gave themselves the Name of Merry Boys, and had very great success in their thievish attempts upon their Protestant Neighbours, that lived hitherto seem in their own Houses; it is observable, what great power the Romish Clergy have over the Irish, they arm themselves immediately at their Command, and yet to this day have neither kept them from Robbing of the English, nor restored them any thing taken away, which if they had been so minded, they might have done by the same power; several of Mr. Price's Neighbours repaired to Ballinderry, to preserve themselves and Goods; but an order coming out soon after, for the taking away all Horses and Arms from the Protestants, both in City and Country; Colonel Toole with a Party of his men came to demand what Arms and Horses they had at Ballinderry, Mr. Ptice and the rest having the aforementioned Protection, refused to obey their orders; and complaint coming to Dublin, Colonel Sheldon was immediately sent away with a Body of Horse and Foot, against Balinderry; Mr. Price upon his Approach presently submitted to him, who thereupon was made a Prisoner, and all the rest of the men that were in the House; but the Prison of Wicklow not being able to contain them, several of them were admitted to Bail, until the following Assizes, which began March the fifth last past, and ended the eighth. The Prisoners Names that were Indicted for this Treason, are as followeth, viz. 1 John Price Esq 2 Thomas King Gent. 2 Richard Westland Gent. 4 William Heatly, Gent. 5 James Lewis Gent. 6 Edward Lewis Gent. 7 John Burroughs Gent. James Bacon, Gent. 8 Thomas Burrough, Gent. 9 Thomas Fetherston Gent. 10 Joseph Chrichley Gent. 11 John Chrichley Gent. 12 George Chrichley Gent. 13 Tho. Williams. 14 James Williams. 15 J. Clark. 16 Caleb Chad. 17 Tho. . 18 Joseph Thompson. 19 Tho. Halson. 20 Henry Gibson. 21 John Cock. 22 Tho. Peterson. 23 John Ward. 24 William Turner. 25 Tho. Evans. 26 George Atkinson. 27 William Evans. 28 Robert Milton. 29 Will. Neale. 30 Will. Hill. 31 George Dixy. 32 Stephen Robinson. 33 Charles Evans. 34 Stephen Rathborn Jun. 35 Edward Philips. 36 John Colson. 37 William Wotton. 38 Henry Delauny. 39 Tho. Cross. 40 John Kempson. 41 Tho. Watts. 42 Edward Acton. 43 Robert Anthony. 44 Alexander Hill. 45 James Hill. 46 John Hill. 47 William Savill. 48 Edward Jones. 49 Peter Bland. 50 John Tomlinson. 51 Daniel Beyce. 52 John J●nes. 53 Tho. Howard. 54 Charles Friars. 55 Andrew Wills. 56 Mich. Wills. 57 Samuel Allen. 58 Tristram Tinesly. 59 Robert Ashton. 60 Henry Tuton. 61 Ralph Kidd. 62 William Fulham. 63 William Erwin. 64 Agabus Kidd. 65 Tho. Page. 66 Tho. Allen. 67 Rice Bibbin. 68 Nicholas Scot 69 Arnold Sutton. 70 Alexander Rathborne. 71 William Holson. 72 Isaac Collison. 73 Jacob Collison. 74 William Edward's. 75 Peter Barton. 76 John James. 77 John Jordan. 78 Randle Burroughs. 79 Richard Price. 80 Agabas Bardin. 81 Henry Moody. 82 John Burroughs. 83 Edward hugh's. 84 Edward Jemson. 85 James Uton. 86 William Ryder. 87 Luke Young. 88 William Shorter. 89 John Goodwin. 90 James Tench. 91 Thomas Manning. 92 Edward Bowers. 93 Thomas adam's. 94 Robert Dunbar. 95 Thomas Colston. 96 John Bromwell. 97 Samuel Price. 98 James Tipping. 99 Edward Graham. 100 Christopher Cooper. 101 William Phillips. Grand-Jurors Names. Papists marked †. † CHristopher Wickham. William Hoy. Cromwell Wingfield. † William Wolverston. † Redmond Birne. † Tho. Birne. † William Birne. † Peirce Cromwell. † Toby Walsh. † Toby Tooll. Edward Burly. Leonard Frost. Peter Ayris. William Baker. † Lawrence Tooll. Richard Lamb. † Daniel Birne. After they were Sworn as usual, they received the following Charge: L. Ch. Just. Keating's Charge to the Grand-Jury. GEntlemen, You that are here Returned to Serve on this Grand-Jury, you have this day before your Eyes the greatest Example, and the firmest Proof that a Gracious Prince can give to the best of Subjects; you see his Sacred Majesty, King James the Second, (whom God long preserve for the Protection of all his good and dutiful Subjects, and for the subversion and irradicating of all those who desire the Subversion of his Government, either by Foreign Force, or inbred Conspiracy) notwithstanding the great Troubles on his own Person, yet he is not wanting in his care towards you; and I dare boldly say, it is the last thing he will relinquish in the World, after that of his own Conscience, the care of his Subjects: He hath sent us with his Commission to inquire into all the Maladies, Diseases, and Sores within your County. He has likewise given us Command to apply the healing Balsam of the Laws, which will preserve the Subject most entirely in his Property. And I am sorry, I must tell you, that there was never more need then now at this time: I am glad at the same time that I can say, that the Mischiefs fallen on a great part of this Kingdom, and on no part more than on this County, that is under the very Eye of the Government; I say, I am glad it can be said to have arisen, for the most part, from a Rabble of People, who have armed themselves without any direction from the Government, and that with unusual Weapons; I mean Half-pikes and Skeans: Gentlemen, I must tell you plainly, it looks rather like a Design to Massacree and Murder, than any thing else. They do not belong to the Army, neither are they any part of them; but these are the Vultures, Kites, and Ravens that follow Armies. Soldiers that have travelled abroad, say, Such are not known among them there: I am told, and very well assured, That in Foreign Parts, where these Vultures and Birds of Prey are, it is hard for an Army to lie concealed, without being discovered by them; for it is odds, but that a Horse or a Man drops where such multitudes of People are. I am very far from laying this to the Charge of any that are under Command; tho' it is possible, that some of them, under the scarcity they are in, do give their assistance, or at least encouragement to these Robbers; otherwise it could not be, that whole Flocks and Droves of Cattle are daily driven away, and yet no one taken or brought to Justice for it. The King is not wanting in his Care, he has given Directions to have the Laws put in execution, that Criminals may be brought in and punished; and the Government has issued out many Proclamations; but they are grown too familiar with them. You are to inquire into this Matter, in order to bring to punishment, not only them that steal, but those that receive. I am told that open Markets are set up in this County of Wicklow: A fat Bullock for 5 s. and a fat Sheep for 1 s. but it will fall heavy on them at last. Divines say, That God Almighty oftentimes makes the very Crime to become their own punishment: And I verily fear, that a few Months will produce a Famine in this Kingdom: And what succeeds, a Pestilence, and the worst of all Pestilences; for it is observed, that a starved Rot is the worst of all Rots; it falls out unhappily at this Season of the Year, when the Cattle are breeding: Under the Old Law the Jews were not to seethe the Kid in the Mother's Milk; but these unmerciful Wretches go further than that, sparing none, but destroying old and young, the increase and all. Pray, Gentlemen, consider of it, and search the Houses of such as you have reason to suspect, that had not any thing to eat the last Year, go now into their Houses, and you will find whole Carcases of. Beef powdered up; nay, it may be, for want of Salt, or Money to buy it, lying rotting and stinking. Let me tell you, it will be your turn next, when they have rob and spoiled your Protestant Neighbours, they will come to you, unless you take speedy care to prevent it. The King has done w●at he can, and the Government what they can; in vain is the Law made, if Offenders be not brought to condign punishment. You all know there has been an Invasion in England of a Foreign Enemy, the Prince of Orange; and the same is designed on this Kingdom: The estects of an Invasion is not known: Defence is natural to all Kingdoms and States, and therefore the Government has given Directions for raising a greater Army, than at any time heretofore this Kingdom ever had: It was so among the Romans of old, who in cases of necessity did things clear contrary to the Fundamentals of their Laws. The same necessity has put the King on arming here; (in France they have their Ban, and with us our Commission of Array, from sixteen to sixty) but without any design that the effects should be to arm the Country with Half-pikes and Skeans; they are fit indeed for the Mountains, or to guard a Man's House, but not to go abroad with at Noonday. Gentlemen, you that are Justices of the Peace, and Officers of the Army, where ever you meet, you ought to secure them, and bind them over, and know by what Authority they dare go abroad with such Weapons. I need not say any thing to you in Defence of the King, for it is really and truly your own Defence; and therefore I shall proceed into the Heads which are prepared for your Enquiry at this time: Our business here is like to be very great, and our time short, and therefore I shall not trouble you with small things, we have greater matters than Assaults and Batteries. We have Desolations and Ruins to show you and set before you, and without your care we are like to fall into the Gulf of Misery and Destruction. The first thing we have to speak of, is High Treason, we have no Petty Treason in Ireland. If any shall go about to Conspire the Death of the King, Queen, or the Heir Apparent, the Prince of Wales, this is High Treason at all times, it was so at Common Law, you must look to this betimes, for if a blow be once struck here, there can be no retrieving of it. If any one shall go about to Seize the King's Person, or Imprison him, this Gentlemen is Treason, there is but few steps between the Prisons and Graves of Kings; and by all the observation that I can make out of the English or Scotch, or Irish Histories, where we have had swarms of Murdered Kings, that if once they went into Prison, they seldom ever escaped with Life. Our King has more reason than any to dread this, his Father who now is a Glorious Martyr in Heaven lost his life, and the King himself ever since his Escape with Colonel Bamfield from St. James', has had so many miraculous Deliverances both by Sea and Land, that we may conclude he is preserved for some mighty matter, or else Providence had not done such great things for him; and 'tis but of late that he himself is escaped out of Prison. I am told by Authority, and am ordered to tell you, that he is expected in this Kingdom very suddenly, as a Place of Refuge. He is the first King I think, since Henry the Second, except Richard that has been in this Kingdom. It is a great misfortune that he should be forced to it, but we may look upon it as a great blessing, that he should think himself safe here, when he cannot be so elsewhere. To Seize any of the King's Forts or Ships of War, for these are the Bulwarks to defend him against his Enemies, this Gentlemen is Treason. To hold Correspondence with any of the King's Enemies, or with Rebels in actual Rebellion, or to join with them, this is Treason; you are not to inquire into the punishment, but to open a door for the Petty Jury to inquire into the matter of Fact, and what the Law is, shall by the blessing of God be our business. To Counterfeit the King's Coin, or Clip it, and you have very little of it at this time, therefore you had need be careful in a more especial manner, this likewise is Treason. It is likewise Treason to counterfeit the Great Seal of the King, for 'tis the common Security, by which many hold their Estates, and some their Lives. The kill of the Chancellor or any of the Judges or Justices of Oyer and Terminer in the doing of their Duty, this likewise is Treason, not so much with regard to their persons, as to the work that they are about, they representing the King's Person. The meanest Constable there, if he has his Staff in his hand, and doing his duty, he that kills him shall die the same death, as he that kills the best man that wears Scarlet on the Bench. Gentlemen, I must tell you another C●ime, and it looks like a mark of Infamy on this Kingdom. Murder in England is but Felony, but it has been thought fit to make it Treason here, and they that go out on Burning and Robbing Houses, they shall be Indicted for Treason. And Clerk of the Crown, if any such be here, now take notice I will have them Indicted for Treason. The next thing for your Enquiry is Felony, that concerning the Life of the Subject; for a man to kill his fellow Subject, this is Felony, if he does it on a sudden passion and heat, a man may kill another in his own defence; for 'tis natural for a man to kill rather than be killed, and therefore he shall have his Pardon of course. But Gentlemen, this is not in favour of Duels, and only where there is a great provocation, there is not a man but has some passion about him, but for a man to go to bed with Malice, and arise the next morning and go meet his fellow Subject and kill him, this is Murder and Treason in Ireland. The next thing that is Felony, is concerning the Goods of the Subject, for an honest Labouring Man, that by the industry of his whole Life has gotten a fair stock for the maintenance of himself, his Wife and Children, at night goes to bed, and next morning when he arises, he is a beggar and wants Bread. Gentlemen, it would make every honest man's heart bleed to hear what I have heard since I came into this County, it is ill in other parts of the Country, but here they spare not even the wearing Clothes and Habit of Women and Children, that they are forced to come abroad naked, without any thing to cover their nakedness; so that besides the Oath you have taken, and the obligation of Christianity that lies upon you as you are Christians, I conjure you by all that is Sacred, and as ever you expect Eternal Salvation, that you make diligent Enquiry, let it never be said by any of you, that it was your Neighbour, or your Neighbour's Servant did it, and you are sorry for it, but will not trouble yourselves, I tell you it is every man's business, and I beseech you look into it. To break into any man's House after night fall is Felony, it is a sound sleep that the Labouring man takes, but the idle Rogue that lies lurking & sleeping all the day, at night he arises and seeks whom he may devour. If you were to do the most Charitable Work, as building of a Bridge or Chappel, or mending a Highway, how many do you think of these men with half Pikes and Skeines would come to your assistance, not one of them He engage. But if a House or Town be to be Plundered, they all run thither. All Riots and Routs are to be enquired into, numbers of People may meet for their own defence, if they should hear or see the Country Robbing and Spoiling. By a riotous Multitude coming to Burn and Rob their Houses, in this case they may meet and descend their Goods, and apprehend the Robbers, in order to bring them to Justice; but after all this, they are not to contest with the Government, nor do any thing to the prejudice of that; I told you, I would not trouble you with unnecessary matters, all are lost in the greatest of Crimes and Outrages that are committed daily in the Country round about. If I should go through all the Heads of this Charge, it would take up more time than we have to spend here, and therefore I shall shut up all and say no more than this, that every man do apply himself to his Husbandry and Tillage, to prevent that imminent danger of an approaching Famine, that seems to be coming upon us, and that you make it your business to search after, and bring to Judgement those Robbers that live on the Mountains, and while you continue to do your duty, you shall have all the Protection the Government can give you. So upon complaint of any Justice of the Peace, that shall be backward or unwilling to appear against them, care shall be taken to punish such and make them Examples. Go together Gentlemen, and consider of these things. The Prisoners brought into Court. Clerk of the Crown. Set John Price to the Bar, Tho. King to the Bar, W. Lewis, James Beacon, William Heatly, Tho. Burroughs to the Bar, etc. Hold up your Right Hands. Cl. John Price, Tho. King, etc. You stand here Indicted for that you on the 25th day of February, in the 5th Year of the Reign of our Sovereign Lord King James the Second, at Ballindery in the County of Wicklow, with divers others wicked Traitors and Rebels, in a warlike manner, then and there did assemble yourselves, and a cruel and open War and Rebellion against our Sovereign Lord the King, and his faithful Subjects of this His Majesty's Kingdom of Ireland, did Raise and Levy, and did intent our Sovereign Lord the King to Death and Destruction, to bring, and to Depose him from his Kingly Authority and Government of this his Kingdom of Ireland, and to fulfil and accomplish this your said traitorous Intentions and Designs, you the said Persons, with others the said wicked Traitors and Rebels, the Day, Year, and Place aforesaid, did arm yourselves with divers Warlike Weapons, as well offensive as defensive; and did move and excite divers others the Subjects of our Sovereign Lord the King, to join themselves wickedly and traitorously, against the Peace of our Sovereign Lord the King, and the Duty of your Allegiance, and the Statute in that Case made and provided, etc. Cl. How sayest thou John Price, art thou guilty of the Treason that thou standest here Indicted, etc. or Not Guilty? Mr. Price. Not Guilty. Cl. Culprit. How wilt thou be Tried? Prisoner. By God and the Country. Cl. God send you a good deliverance. Note. The Prisoners were brought into Court in several parties, to be Arraigned, as many as the Dock would hold at one time. The second time the Dock was filled. Cl. Cr. Set Will. Fulham to the Bar, etc. Thady Birne, the High-Sheriff, stood up and said, My Lord, Fulham was cleared. Bar. Lynch. Pray, Sir, who cleared him? High-Sheriff. The Chief Commissioned Officer that was here, Coll. Sheldon did acquit him. Lynch. He acquit him, how could that be? If there be nothing against him, we shall acquit him. J. Keating. Clerk of the Crown, Is he Indicted? Cl. Yes, My Lord, a Bill of Indictment is found against him. Pendergrass the Sub-Sheriff. My Lord, I will tell you, Mr. Sheriff is mistaken; there was some Boys discharged, and he thinks Fulham is one of those Boys. Lynch. Sir, you do well to reflect on your Imployer. High-Sheriff to the Sub-Sheriff. You have done this to get Money for yourself: My Lord, Fulham was not concerned at all, and therefore was discharged. Prisoner Lewis. My Lord, we are so crowded with a File of Musqueteers and a Searjant, that they take up our Chairs, that we cannot sit down; and they come with their lighted Matches to our very Noses, and last Night a Piece went off in the Room among us, we have not the conveniency of quiet Repose, nor our Friends the liberty of seeing us. My Lord, we were not born Lawyers, and therefore desire we may have our Friends come to us, and Counsel to advise with. This Lewis and Lord Galmoy are Brother and Sister's Children, and was offered a Troop if he would turn Papist. J. Keating. Mr. Lewis, you have been bred to the Law; but you shall have Council allowed you; And you, Mr. Sheriff, you are not to keep them with Fire-Arms, nor with Soldiers. I saw a Sentry at this Door yesterday, and forbade it— I remember that when Warren, Jephson, and Thompson were Tried in 1663. for a Design to surprise Dublin-Castle, because this was a great matter, forsooth, they must be Guarded with Soldiers— (They were Tried at the King's Bench; and several Persons, desirous to see or hear, being gotten up into the Arch in the Wall next the Court of Common-Pleas,) as they were going up stairs, a Piece went off, and shot a Man through the Head. I tell you, Mr. Sheriff, that Brown Bill is your Guard (pointing at one in Court) the Law knows nothing of Fire-Arms; (speaking to the Prisoners) Gentlemen, I must tell you plainly, that I received Directions from my Lord Deputy (by the Attorney-General) that you should have all the Justice imaginable. Bar. Lynch. Mr. Sheriff, you must Command those Soldiers to be civil, they are your Guards when you employ them. Seventy Prisoners were Arraigned and returned back to Prison; 31 more that were Indicted, and upon Bail, did not appear. Next day— Thursday March 7th. they were again brought to Court to their Trial; and the Jury was Impannell'd, whose Names were as followeth, Papists marked thus † Viz. † Thomas Cowdell. Philip Cradock. John Pew. † Alexander Higden. † Christopher Talbot. † Garret Birne. † Dudley Keogh. † John Keogh. † David Toole. † James White. † Derby Toole. † Garret Harold. † Daniel Birne. † Patrick Mac Donnel. † Patrick O Donnelly. † Christopher Birne. Daniel Powel. † Richard Jonston. † Theophilus Higgens. † Nicholas Wall. † Charles Tool. † Anthony Archer. † Charles Birne. † Cornelius Kenan. Tho. eliot. Richard Baker. † Thady Birne. † Francis Tute. † James Moor. † Hugh Birne. † Bryan O Neal. † Dennis Cullen. Jailor, set the Prisoners to the Barr. Cl. Cr. You good Men that are to Try the several Issues between the King and John Price, etc. and other Prisoners at the Bar, that shall be given you in Charge, etc. Jury, look at the Prisoners; Prisoners, look at the Jury, etc. Cl. Cr. Thomas Cowdell, to the Book. Prisoner Lewis. I Challenge him. Cl. What is your Cause of Challenge? Lewis. I Challenge him peremptorily. Deputy K's. Council, Fitz-Patrick. My Lord, before they begin their Challenges, let us know whether they will all agree in their Challenges; otherwise we must be forced to Try them severally. It was at length agreed, That if any one made a peremptory Challenge, the other Prisoners were to be satisfied with it. Coll. Tool en the Bench, speaking to L. Chief Just. Keating, My Lord, Mr. Lewis has been Sub-Sheriff of the County, and knows all that have Freeholds. J. Keating. It is the better for himself that he does know them. Prisoner Lewis, continued to Challenge, until they had gone through the Panel, and only two Gentlemen that were Protestants, Mr. Cradock, and Mr. Pew, were Sworn. Cl. Cr. Mr. Sheriff, a New Panel.— The Sheriff gave in another of Eleven in number, which were all likewise challenged by Mr. Lewis.— Whilst both the High and Sub Sheriff were looking about the Court, for to make up a third Panel. Says L. J. Keating. Mr. Sheriff, How many Freeholders have you on the Grand Jury? Sheriff. Six, or Seven, My Lord. J. Keating. You have been sparing enough of your Freeholders. The Law requires that all the Grand Jury should be Freeholders, and have you but six? Sheriff. — There is but very few Freeholders in the County, My Lord. C. Fitz Patrick. — In Cases of necessity, My Lord. J. Keating. You know the Law is so. C. Fitz-Patrick. Yes, there is a Stature for it. J. Keating. — The Prisoner for his Life may challenge Twenty peremptorily, without showing cause; and the whole World for want of Freehold.— And shall I put such a one on for his Life? Sir, I will not be hanged for any Body. Fitz-Patrick. Was ever a Judge hanged? Mr. Handcock, Council for the Prisoners. Yes, above twenty in a few Years. J. Keating. Mr. Fitz-Patrick, I will not be hanged with Justice Belknap, nor Tressilian neither. C. Handcock. My Lord, they were hanged at Tyburn. J. Keating. I think they were.— The greatest part of this County is in the hands of two or— three Men, my Lord Strafford and Ross. J. Keating. Who is here that is concerned for my Lord Strafford, and my Lord Ross. Court. Here is Dr. Hall on the Bench, for the Lord Strafford, and the Sheriff is concerned for my Lord Ross. J. Keating. Dr. Hall, and you Mr. Sheriff, let me tell you, I do not know but that their Lordships have forfeited their Estates, for this day's work.— In the Act for Plantation, there was provision made for Freeholds, and there were enough before the Wars. I fear these great Lords have swallowed up the Freeholds their Ancestors made. I only tell you this. The Sheriff by this time had drawn up a third Panel, being eight in number, J. Keating. Mr. Sheriff, have you all your Freeholders here. Sheriff. My Lord, we summoned all here. J. Keating. On the first Panel you might have Returned forty, because you do not know how far Peremptory Challenges will run; and you are obliged after to Return a fewer Number when you enlarge your Panel, but you can never enlarge it farther than it was at first. Cl. Cr. Birne, to the Book. Pris. Lewis. I Challenge him for want of Freehold. J. Keating. Mr. Birne, have you a Freehold in this County? Birne. My Lord, I have a Lease of Lives. Pris. Westland. I Challenge him peremptorily. Bar. Lynch. What, Sir, do you begin to Challenge? This shall not be allowed you, to Challenge one upon another. C. Hancock. My Lord, you are Council for the Prisoners. Lynch. Sir, you are not to tell me my Duty; I will have you to know, Sir, I shall give an Account for myself. I am Judge for the King too, as well as Council for the Prisoners; and I am concerned for the King. J. Keating (Turning towards him.) And do you think I am not concerned as well as you? Lynch. Yes, my Lord, I speak for you as well as myself. Coun. Fitzpatrick. My Lord, they agreed at first, that one Man should Challenge for them all— At this rate we are never like to get a Jury for them; it is but an ill sign of their Innocency, that they are not willing to come to a Trial. Mr. Handcock, Council for the Prisoners. In the Peremptory Challenges they agreed (but not in the Challenges for Freehold) and this peremptory Challenge we will stand by. J. Keating. I will tell you how I understood it; that in their Peremptory Challenges, if any one of them Challenged, the rest should be concluded by it; Mr. Westland has made a Peremptory Challenge, and they are willing to stand by that— however, Mr. Birne, stand by, do not go away, we may call you again. Clerk of the Crown, proceed,— etc.— which he did, until he ended the Third Panel. Sub-Sheriff calls. Will. Baker. My Lord, he has a . Baker. My Lord, I have no . Keating. You see the Sub-Sheriff is a fit Man to be an Officer; he is blind— he is indifferent. High Sheriff calls. Peter Ayris. An. He is on the Grand-Jury. Keating. Mr. Sheriff, why do you call such? Sheriff. I saw him in Court, and so I called him, my Lord. J. Keating. There is already but five Peremptory Challenges made, so that they may Challenge fifteen more peremptorily; and there is but two Sworn, so that there wants ten. Cl. Cr. Sheriff, see if you can get any more. Sheriff. I see never a Freeholder in the Court. Coun. Fitzpatrick. My Lord, the Sheriff ought to be punished for his Neglect. Bar. Lynch. Sir, why did you not take care to Return a Jury of Freeholders'? You shall be Fined for it. High Sheriff. My Lord, I have Returned all the Freeholders' there is in the County (I sent yesterday above Twenty Miles for one Gentleman here;) They are all gone out of the Country;— I hope you do not expect I should go to the North, or Isle of Man, or England, or Scotland, among the Rebels, to Summon them. J. Keating. I do really believe you, Mr. Sheriff, you have done like an honest Man;— Mr. Fitzpatrick, what do you say in this Case? Fitzpatrick. My Lord, I cannot tell what to say. Deputy King's Count Hamond. What if there was not one Freeholder in the County, must not Justice be done? J. Keating. Can we make a Law for it? Hamond. My Lord, I know that in case of an Ejectment, a Trial has been removed from one County to another. J. Keating. Can you by Law go to another County in case of Life? Hamond. It appears there is not sufficient Freeholders' in this County, the Lands being in some few hands. J. Keating. You know the Law is otherwise, and what will you have us, that are Judges, do? Pray tell us, Sir, what you would be at? Hamond. We would have it removed to the next County, or another County. J. Keating. For God's sake, Mr. Hamond, do not put us on making Law. Lynch. Mr. Hamond, when did you hear that ever a Matter Capital was tried in a Foreign County? In matters Civil, by Rule of Court, or Order of Chancery it may be, but of a Capital Offence it was never known; and we are by our Commission to Try Offences committed against the Law in the Counties where the Fact was committed.— We must Try them in this County, and cannot remove them from one County to another. J. Keating. Mr. Hamond, because I would take you off this new Law that you so much insist on, that in case of an Ejectment it may be Tried in a Foreign County— I tell you it cannot be Tried in a Foreign County: We have no Law for it but that of K. James, and the Reason was, because of the Story that was here on foot, for an Heir Male, if Collateral he carried it against the Heir general. K. James he gave direction that in that case it should be Tried in a different County. And that my Brother tells you of Trying in a different County, by order of Chancery is this. A person comes in Chancery, and he suggests, that such an one was too potent in such a County, and therefore he desired it might be Tried in an indifferent County, or get such a Rule of Court on such a suggestion. And this was the case of the Archbishop of—, when he was Bishop of Limerick. And if Walcot might be believed, he said, was the occasion of his running into Rebellion. C. There is a Case in Hobart, etc. J. Keating. I would undeceive you in that particular. As in the Case of Austen and Colonel Garret Moor. If in the County of Gallaway it was Austin's, if in the King's County it was Colonel Moors. So that you see in disputable Cases, the Law has regard, that it be Tried by Juries in proper Counties. And truly I think it one of the most reasonable Laws in the world, that a man shall be Tried by his Country, by the Neighbourhood; and it has given ground to a good English Proverb, He that has an ill Name is half Hanged. A Man's Repute among his Neighbours goes a great way in this matter. When his Neighbours shall say they never knew ill by him. And this Man to be carried out of the County of Wicklow, to be Tried at Wexford, you may by the same rule bring a Jury from Tyrone, or the farthest part of Connaught. There is nothing like what you say in the Law. Hamond. I do not say that ever I met with such a thing in the Law. Lynch. And do you think that we will make the Precedent. Hamond. That two or three persons should have almost the whole County. J. Keating. Before God I believe they think they have little enough, whatever you may think of their having too much. Lynch. What you say Mr. Hamond, if there be any thing in it, we shall advise with all the Judges. The Judges declaring their Opinion, that the Prisoners after being Arraigned, could not be admitted to Bayl. C. Suxborough, to Baron Lynch. My Lord, you took Bail for Captain Ruth at Kilkenny, after his Arraignment. Bar. Lynch. What, Sir, do you reflect on me? There was no Evidence appeared, and my Brother bailed him as well as I. Suxborough. I say he was Bailed. Hancock. My Lord, Mr. Cooper at Galaway was Bailed by your Lordship likewise. C. J. Kenting sent privately to Dublin to the Deputy, acquainting him, that if they were left in prison until the next Assizes, they would certainly perish, they having lost all they had, and the County was not able to maintain them; upon which he received Orders to Bail all but Seven of the Principal, viz. John Price Esq Tho King. Richard Westland. William Lewis. James Bacon. Joseph Crichley. George Crichley. Who are kept close Prisoners in order to their Trial the next Assizes, which will be in this Month of July. Upon the taking these Gentlemen Prisoners, the Soldiers and Rabble plundered and spoilt all the English Families in Balinderry, Redrum, Balina-Clash, etc. and the Irish Women with their Skeanes came afterwards and stripped the Women and Children Naked, leaving them in a most miserable and deplorable condition, having not left them either Bread, or any Food in several Towns, but carried all away with them. And as an Irish man a Tanner declared to several at the Assizes, in the hearing of this Relator, That one Captain Toole had for his share Twenty six Horse Loads (or more) of Plunder; and the Lord of Lowths Troop of Dragoons that were quartered in Wicklow Town, had great quantities of Woollen and Linen Cloth, women's , Pewter and other Goods in abundance. But the L. C. J. Keating coming there to the Assizes, and having an account of the extreme poverty and misery the Protestants thereabouts were reduced to, did encourage their Petitioning, and where they could find their , etc. he endeavoured to help them in the recovery of them. And Mr. Richard Lamb having Ten fat Bullocks taken away by Colonel Tools men, and brought to Wicklow, and there killed and eaten by the Soldiers. He preferred a Petition to the Court, Colonel Toole being present on the Bench. L. C. J. Keating. Colonel Toole you heard the Petition read, do you know any thing of these Oxen Mr. Lamb had taken from him by your Soldiers. C. Toole. My Lord, I will tell you how it was; Mr. Lamb had sold the Bullocks to Mr. Price, and as they were driving them to Balinderry, the Soldiers met them and took them away. L. C. J. Keating. But Mr. Lamb was at home at his own House, and not at Balinderry, the Bullocks were to be paid for upon Mr. Lambs delivering them to Mr. Price at Balinderry, your Soldiers took them away from his Servant several miles from Balinderry; I see no reason why Mr. Lamb should not be paid for them. C. Toole. My Lord, Colonel Sheldon came down soon after with the King's Army, and I advised with him, and he ordered they should be killed for the Army, which was done accordingly. L. C. J. Keating. Pray Colonel Toole however, Mr. Lamb ought to be paid for them; he was not concerned with Balinderry, but kept his own House. Council Fitzpatrick. My Lord, his House was a Garrison too? Mr. Hancock. For shame Mr. Fitzpatrick, a Thatched Gabin a Garrison; I find you are for making all Protestants Rebels that live peaceably at home in their own Houses. C. Toole. My Lord, I have no more to say to the matter. Clerk of the Crown. Calling over the Gentlemen of the County, called one— Savil Gent. Savil. Here I am, my Lord, God knows, a poor Gentleman, being Robbed of all, and not a penny left me to buy a pint of drink. L. C. J. Keating. Pray Sir when were you Robbed? Savil. The last Wednesday they came and took away what little they had left untaken before, my Wife and children's , Robbing me of all. L. C. J. Keating. Pray Sir, what value may your loss be? Mr. Savil. Truly my Lord, I have not yet computed my loss, but they have taken away all; I desire your Lordship will discharge me from attending the Court, for I have not where withal to subsist while I am here. L. C. J. Keating. Sir, I am sorry for you, I discharge you. L. C. J. Keating. Colonel Toole, Let the Officers be sent for into Court, to here this Proclamation read, that is sent down here by the Government. Toole. My Lord, they are here most of them, here is Captain Archbold, Captain Toole, etc. Clerk of the Crown. Read the Proclamation, the substance where of was, That they should restore the Protestants such of their Horses again, as were not sit for the King's Service, etc. J. Keating. Calls for it from the Clerk, and giving it to Colonel Tools hand, who stood next him on the Bench, Sir, Pray take this Proclamation, and I hope you will take care that obedience be given to it. Toole. My Lord, we have received other Orders, Colonel Sheldon who is our Chief Commander, has given directious to have them kept for Draught for Carriages. J. Keating. Nay, Sir, if Colonel Sheldon must be obeyed before the Government, I have no more to say, I have done. Toole. My Lord, I shall obey it. J. Keating. Pray then Coll. Toole, let the Horses be sent for, while that I am here, that what Horses are not musterable may be returned: I cannot in my Conscience go about to fine Men, for not appearing at the Assizes, when they have not a Horse left them to ride on. The further Proceed at the Assizes at Wicklow, in Ireland: Being an Account of the Trial of several Felons, etc. March the 6th and 7th, 1688/9. SEveral were Arraigned for stealing considerable Numbers of Cows, Sheep, etc. but the Evidence against most of them durst not appear to prosecute. Leaghlin Birne Indicted for stealing Nine Head of Black Cattle, from one Colwell: No Person appearing to prosecute, says, J. Keating (to the Jury): Gentlemen, you have nothing against this Man; he was born in the state of Innocency: But the truth is, the Parties dare not appear against him. Witnesses came in against Three Fellows, (viz.) Maurice Cavanagh, Edmond Poor, William Bowland. Clerk of the Crown, Calling them to come and prosecute, and they appearing. J. Keating. You that are Evidences against the Prisoners at the Bar, I charge you as you will answer it before God, that you neither for favour nor affection be inclined to spare any of these Villains; and likewise, that you will conceal nothing of the Truth, as you will answer it at the Great Day; for I tell you, the Cries and Groans of the poor Women and Children, and the many Families that are ruined, and in great distress, will go up to Heaven against you. Evidence against Ed. Poor. My Lord, when I came to him, and asked him, why he stole my Cows? He said, The Devil did make him do it. I spoke him fair, and he gave me Money for my Cows. Poor. I, my Lord, and he promised not to trouble me. J. Keating. It was an unlawful Promise, the Law would not justify him in it; he has done like an honest Man: If you paid the Money out of Conscience, you did well; but I fear it was your danger of the Halter made you part with your Money; for if 22 s. and Damnation stood in the way, I believe you would have kept the Money: I am sure without satisfaction you cannot expect Absolution; the Priest that gave the other Advice, for the Maddoge or Skean, will, I suppose, tell you so. Two Protestant Evidences against Maurice Cavenagh, for stealing several Head of Black Cattle, hearing Judge Keating speak against Skeans, said, Evidence. My Lord, when we seized him, we took a Skean away from him. J. Keating. Sir, How durst you carry such an unlawful Weapon? Cavenagh. My Lord, I am a Butcher, it was a Butcher's Knife. J. Keating. Ay, I do not question but thou canst butcher upon occasion. One Hicky spoke. My Lord, he is no Butcher; but one of the greatest Rogues in the Country round us. I have been in pursuit of him several times. Cavenagh. He is a Murderer, My Lord, do not believe him. Evidence. My Lord, it was near ten Inches long, thick at the back, and sharp point, every way a Skean. J. Keating. Is that your Butcher's Knife; you are a great Villain, for carrying such a Weapon. Cavenagh. I was ordered to have a Skean, my Lord. J. Keating. Pray Sir, who ordered you? Cavenagh. The Priest of the Parish. J. K. A Priest, Sir, (turning to his Brother Judge) Do you hear that Brother. Bar. Lynch. What Priest, Sir? What Priest? What is your Priest's Name? J. K. Hold Brother. Come Sir, I shall not ask your Priest's Name; I believe you will have occasion to see your Priest soon, to do you a better Office, then to advise you to carry Skeans. (And looking towards Coll. Tool, and two Priests on the Bench, next Sheriff Birne.) J. Keating. A Priest, Gentlemen; a Priest is a Minister, and a Minister of the Gospel, his Doctrine ought to be Peace, for the Gospel is a Doctrine of Peace: When our Saviour came into the World, Peace was proclaimed; and when he went out of the World, he left it for a Legacy to his Disciples: My Peace be with you. And pray Sir, tell your Priest so from me, when you see him. It is not for Priests to arm or animate such Villains as you are for Mischief. I shall not ask your Priest's Name. Clancy an Irish Gent. My Lord, he belies the Priest; he is a Rogue. Cavanagh. I do not: The Priests of every Parish did give orders to get Half-pikes, and Skeans; and they were getting together in Companies, in every Parish. J. Keating. Who were they that were gotten together; such Fellows as you? Cavanagh. No, my Lord, better Men than I; a great many that are here in Court. The Jury withdrawing, and returning soon again, brought Poor and Bowland in Guilty, Cavenagh Not Guilty. J. Keating. Gentlemen, you have acquitted the greater Villain; at your Door let it lie. The Ordinary being called to give Bowland and Poor the Book, for their Clergy. J. Keating. Sir, I expect as true a Return from you, as if I were there myself: The Times are so that Men must forget Bowels of Mercy. Ordinary, do your Duty: What place do you show them? Ordinary. My Lord, I show them the 50th Psalm. J. Keating. Let them read the 5th Verse.— This is an Act of Mercy; and I know not why it should not be in Irish rather, the Country Language; it was formerly in Latin, because the Romish Church hath their Worship in Latin. The Ordinary returned them both (Non Legit). J. Keating. You William Bowland, and you Edmund Poor, you have been Arraigned for stealing of Cows, two several Thefts: It is a great misfortune and sin to be guilty of such Crimes at any time; but yours is so much the worse, because it falls in a time when there are such general and vast Depredations in the Country; that many honest Men go to Bed possessed of considerable Stocks of Black and White , (gotten by great labour and pains, the Industry of their whole Lives) and in the Morning when they arise, not any thing left them; but turned out of all, to go a begging, all being taken away by Rebels, by Thiefs and Robbers, the Sons of Violence, that make every thing they lay their Hands on their own, on this side the Cape of Good Hope; (where are the most brutish and barbarous People we read of) there is none like the People of this Country; nor so great a Desolation as in this Kingdom, at this day, any where to be found, and particularly in this County: It is come to that pass, the a Man that loses the better part of his Substance, choose ●ther to let that, and what he has besides go, than come to give Evidence: And why? Because he is certain to have his House burnt, and his Throat cut, if he appears against them. Good God what a pass are we come to! For what has any Man, if the stronger Hand can take it from him; it is better to live under no Law, than in such a place. We have lived to see twenty nine Years of Peace pass over our Heads: And I have sat on this Bench before now; I pray God, that my lenity, and others, has not given Encouragement to these Thiefs and Robbers; there may be a Rogue in the Court, or one that is evilly inclined (I know none) but take notice of this, the Government is at length tired with Mercy, they see it does no good; and Examples and Punishments of this kind, are not intended so much in a great part for the punishment of the Offender, as for discouraging of others; to make them take warning by their Example, that seeing what evil Courses bring Men to they may reform. I will not take up time to tell you how the benefit of Clergy came; whether in the room of the Cities of Refuge that were in the old times; I know that Restitution was under the Jewish Law sufficient satisfaction; and if the Thief could not make Restitution, he was to be sold for a slave, and the Money given to the party. But as the world grows old, it grows worse, and those Lenitives signify nothing for preventing Thieving and Robbery; for Thiefs and Robbers are like a Gangreen in the Commonwealth, they are worse than Drones in the Hive. I cannot tell myself, that under the Circumstances we are in, I should advise to pardon any that are taken in this general depredation that we are under, and therefore you Bowland and Poor, that might have lived as safely under the Laws, as the biggest man in the Kingdom, and none of your fellow Subjects durst lay his hand upon you, but he was liable to answer for it; and thus you might have lived to a fair old age, and ended your days in peace, but you have chosen the quite contrary, for the Law provides likewise for the punishment of wicked and offending persons, among which number you are found by a Jury 〈◊〉 Twelve able men of your Country; and therefore the Sentence of the Law is this, That you be both and each of you taken from this place, to the place from whence you came, and there your Irons to be struck off, and from thence to the place of Execution, and there you shall be Hanged by the Neck till you are Dead, and the Lord have mercy on your Souls. And now let me give you advice, your time is short, spend it well, and flatter not yourselves with the hopes of a Reprieve or Pardon; and for you Poor, you have shortened the work of your Life, you have gone a great way towards Heaven, if that Restitution you made was out of Conscience. Mr. Sheriff, let them have a Confessor sent to them, for Saturday is the day of their Execution. The Women their friends setting up the cry in the Court. J. Keating. They did not cry thus when the Cows were brought home to them, they were busied then in the kill and the powdering them up. The Copy of a Protection, or Pass, given by an Irish Officer to some Notorious Robbers of the County of Wicklow, the Original being now in the hands of the Bookseller in London, viz. I James Byrne, Ensign to Capt. Charles Byrne, do hereby certify to you, Terlagh Kelly, Patrick Byrne, and Patrick Mac-Teige, and William Doyle, to save you harmless for any Misdemeanours whatsoever. As Witness my Hand this 24th. of April, 1689. James Byrne. The following Letter being sent by the Lord-Deputy to the Judges of Assize, was read in Court to the Grand-Jury, etc. By the Lord-Deputy, General, and General-Governour of Ireland. AFter Our hearty Commendations, We Great you well. As His Majesty was graciously pleased to entrust Us with the Government of this his Kingdom, so upon the Invading of England, and upon receiving certain Information, that the Prince of Orange doth intent also to Invade this Realm, We have, for the Defence thereof, raised a Considerable Army, far above what could be maintained by the King's Revenue at the best of Times, and when the Trade of this Country was in the most flourishing Condition; this we have done by the King's Command, to support his Regal Authority, Crown, and Dignity, and to preserve the Lives, Liberties, and Properties of all his Liege People within this Kingdom. And since our Dangers are at hand, and that we may daily expect the Landing of an Enemy, who intends the Subversion of His Majesty's Government, the total Destruction of all his good Subjects. Here we find ourselves under an absolute Necessity to keep the King's Army still on foot, in order to our preservation from the approaching Dangers. And tho' we have hitherto with all the Care and Industry imaginable, and by the Generous Concurrence of the Officers, supported the new-raised Forces, without being a Burden to any other of His Majesty's People. Yet considering the decay of Trade, the great fall of the Revenue in these distracted Times, the great Charges the Officers have been at in subsisting their Men, it cannot be expected that the standing Forces can hereafter be maintained without Supplies; and since the same cannot be done by Parliament, We cannot think of a more effectual Expedient, than by voluntary Subscriptions, by way of Loan, from the People; which, if Generously done, with what may be made of the Revenue, may support the Army, and will stop all the Disorders that may be committed by the Soldiers, which We shall always endeavour to prevent with all the Care and Industry possible. By this Husbandry may go on as formerly, and We shall be in a Capacity to form the Army so, as that, with the Assistance of Almighty God, We do not doubt to put this Kingdom in a perfect posture of Defence. We do therefore pray your Lordships to Recommend this Weighty Matter effectually at the Open Assizes in every County when you sit, to all the Inhabitants of such Counties, and to appoint the respective Sheriffs of such Counties, to procure voluntary Subscriptions, by way of Loan, from the Inhabitants of such Counties, of some certain Sum of Money from each, to be subscribed to their Names, to be afterwards satisfied by them respectively, in Money, Wheat, Oats, or Oatmeal, towards the Maintenance of the Army, to be paid in, or delivered to the respective Sheriffs, or their Order, and in such places as the said Sheriffs shall respectively appoint, from whom we expect an Account of their proceed herein, and a Copy of such Subscriptions as shall be made. We do not doubt but every True and Loyal Subject will, according to his Ability, and the Exigency of the Subject-matter, generously and cheerfully Contribute towards the carrying on of so Great, so Necessary, and so Glorious a Work. We expect your Diligent Care herein, and so We bid you hearty Farewell. From His Majesty's Castle of Dublin, the Second Day of March, 1688. Your very Loving Friend, TYRCONNEL. An Answer to the foregoing Letter being drawn up by the Grand-Jury, and entered into their Book, and presented to Sir Henry Lynch, setting forth the extreme Poverty of their County, occasioned by the daily Ruin of the English, etc. That they were not in a Capacity to subsist themselves, and therefore not capable to raise any thing considerable for the Army; (Chief Justice Keating returning to Dublin, and leaving Baron Lynch to go on to the other Counties, etc.) the said Lynch told the Grand-Jury before he discharged them, that the Writing they had drawn up, was a Reflection and Scandal to their Country, would be taken very ill by the Government, and did not question but it would be brought in hereafter as an Evidence against them; and therefore Ordered it should be torn out of the Book, which was done accordingly. A Gentleman, taken by Sheriff Power and the Irish Army, with the rest of the Prisoners Condemned at Gallaway, having made his Escape for England, writ the following Letter to a Friend his Relation. Dear Brother, THE Excuse that I offer for my not writing, is this, That my thoughts were so taken up, what with the Misery I apprehended my poor helpless Father, Mother, Wife, and Children (which are all dear almost alike to me) were in, and an endeavour to procure some Employ, whereby I should keep them, if they could make their Escape, and myself from perishing; God is All-sufficient, who, I doubt not, will provide for us, if we make but a right use of our Afflictions. It was my Fortune to meet with some Friends, that promised, the first Men that should be raised, to procure me some Employ; but when that will be, is so uncertain, and to live a Drone amongst my Friends (who are almost in the same Circumstance with myself) I looked upon to be so much below a Man, that I chose rather to List myself a private Centinel, whereby I proposed to be in the Road (if my Friends miss) to hue out some Preferment in the mean time: As to my private Condition, since it pleases God to bless me with Health, I hope to rest satisfied. Yet I entertain hopes of a merry Hunting-Bout of my Countrymen, of which Sport I had a little relishing taste, which serves to sharpen a greedy Stomach, that longs to Revenge the Murder of my dear Sister Burdett, and their Outrages to my Friends. I never knew what Sorrow was, till I had the Account of my Sister's Death at that dismal Gate of Liscarrol; it seemed such to me, for while I stayed at it, I made my Observation that there was not the least noise, as if all were dead. The Apprehension of which did so overwhelm me, that oft on the Road (not thinking what I did) I burst out into Exclamations, charging myself with being the Occasion of bringing my poor Aged Father, Mother, Wife, and Family, if not to an untimely Death, yet to Sorrow and Misery; which (to aggravate the Crime) I looked upon to be the worst Condition of the two. When I reached Moyallow, tho' many endeavoured to divert me, and I apprehended they might apply it to my Cowardice, yet I was not able to lift up my Spirits, but being put to Bed, where I had the benefit of an hours troublesome sleep. The next Morning I resolved to think of nothing but Revenge, but having an Account of Captain Boils surrendering, which left us without hopes of making any Head in Munster, Sir Thomas Southwell, Capt. Purdon, and about one hundred more of us resolved to make our way to Sligoe. The first day we met with no Opposition, and at Night Baited at a Widow's House about six or ten Miles from Lymerick, where we stayed for three or four hours, then mounting with the Moon, we marched on; early next Morning Capt. Mills overtook us with a Party of Horse, soon after riding near a strong Castle, with a large Bawn well walled in, we understood it was fortified by English, where we took an Opportunity to Refesh our Horses, upon which their went a Rumour, that my Lord of Clare had taken the Castle, which made the Sparks of the Country think them happiest that could reach us first, to share in the Plunder. Having Advice of it, we drew up near the Gate, to receive about 20 Horse, that were Riding full Speed to us; but when they perceived the Mistake, they hung their Ears, tamely suffering us to disarm and dismount them; but at the Request of the Garrison, who were loath to leave their Families; and understanding by us the state of the Country, which might well make them despair of holding out, that they might far the better, we returned both Horses and Arms. Thence we marched towards Brians-Bridge, the Roads being very bad, we rid scattering, the Front at least a Mile from the Rear, which a Party of Dragoons perceiving, lay in Ambush, and as we moved by, they made about 12 Shot at us altogether, which by God's Providence did no hurt, most of us that were there being armed with Back, Breast, and Headpieces, but we soon answered them in their own Language, each Man firing both his Pistols and Carbine, before we stirred out of the place, which proved fatal to some of them, two being killed, and a third wounded, which made the rest imagine we were angry, and rudely, without begging our Pardon, they run away, but (to little purpose) we imprudently hunted them for 2 or 3 hours, their Horses being fresh, they got off clear, only one of our Bullers happening to overtake the Cornet's Horse, gave his Master an Opportunity to exercise his Feet for 3 or 4 Miles with us. The next Opposition we met with, was at the Bridge in the County of Clare, the end of it being fortified with a strong Gate, and near it two Houses that commanded each side, but the Cowardly Soldiers were easily persuaded to set it open, upon our promise that we would do them no hurt, but on the other hand they were threatened (if they did not) to be cut with the Gate in pieces. Thence we made towards Killalow, where a Company of Foot was quartered; when they perceived us coming near, they'd fain have fortified themselves in the Cathedral, but the poor old Bishop refused the Key, for which I fear he has sufficiently suffered. Then they bethought themselves to send a Messenger to know what we would be at: Our Answer was, that we designed to hurt none that desired to be peaceable, which they made a promise to be, whereupon we did resolve to make that our Stage for that Night, so that every man's business was only to find the best Quarters he could for himself and his Horse. 'Twas my luck to hit where I met a Friend, and yet a Papist, who was extremely importunate that I should wave the thoughts of going any further on my Design urging that he did not doubt to make such Friends as would protect me and mine with our substance; but if I would not be ruled, my Undertaking was so rash, that he feared the next would be of my being hanged or killed among the rest. My reply (with thanks for his kindness) was, that I would make even that Doom my choice, rather than it should be said, I flinched for fear; still he was more urgent, till in short, I gave him to understand, I was so far from having any thoughts of returning home (where I thought I could be no better than a pissing-post to every Cur) that if I were at that instant there, I would make it my business if I could find out any possibility of compassing it, to overtake the Party I was then in. Then finding how I was bend, he charged me not to offer to stay there that Night, for that, notwithstanding his Promise, the Captain sent an Express to Lymerick, and that he did not question but about Midnight they would be upon us, which when I acquainted Sir Thomas with, we resolved upon a further march; while some were getting ready, others took occasion to disarm a Guard that had the Bishop's Horses in their Custody, which trouble we eased them of, Mr. Hawkins the Clergyman's Brother, and some of the Bishop's Servants went along with us. The Arms, according to our Promise, we returned, and taking the Bishop's Blessing, we went that Night to Mr. Purdon's near the Shannon-side; as soon as we alighted, I advised Sir Thomas to procure a trusty Servant of the House to go to Killalow to give us an account if there should any follow us thence, and then Will. Southwell and I stole to bed, but as soon as we had the benesit of the Moon, we made ready to move forward, fearing that our Enemies should break Scarriff-Bridge, there being a Company of them in Tomgreny-Castle. Next day James Power, who is High-Sheriff of the County of Galloway, having an Account the day before of our march that way, he raised the Country, and riding out upon the Hills as a Spy, perceived how our Men, as well as our Horses, were almost beaten out, and how we were at a loss for the Road, which made him so kind, as to place Guides (for they secured what English there were in the Country) but with directions to carry us to a certain Pass, where not above two could ride at a time, near which they lined a Ditch on the right hand with a Company of Foot, on the other, behind a rising ground, lay another Company, in the midst against the Pass they drew up a Trcop of Horse with some Volunteers; when they were perceived by us at a distance, we resolved to put the best face on't that we could, and when we came up to the Spot, we drew up and shouted, which made the Volunteers flinch back, and some run quite away. They made Proposals of a Composition, which at sirst were refused, but upon second thoughts, considering (our Horses being so harrassed) the best way was to fight on foot, and that when our shot should be spent, the Rabble (who were at least 2000) would be worse upon us than those of the Army. We agreed to the Conditions, which were these, That we should deliver all our Horses and Arms that were Musterable, except those that the Gentlemen among us then rid, and their Pistols and Swords; and that our Servants should have sufficient Nags given them instead of theirs, and that they should give us Passes, and procure us Protections, and send us a Convoy, if desired. The Grey Horse was so beaten, that I was forced to alight, and lead him to the Front, where I was resolved to appear, tho' on foot, but there were but few in the Company that performed so well, till about half an hour before the Rabble falling upon our Rear, (some of them being so besotted for want of Rest, that they fell off their Horses) they shot one Morgan Williams in the Head, who lately was a Student in Dublin-Coliedge, whereupon Lieutenant Chinnery, myself, and about half a dozen more of us faced about, and making at them, they run away, being at 400 in Number, in which pursuit, the poor Grey, making what speed he could in a stony place, came down on all Four with such force, what with the weight of my Iron Doublet, Cap, and other Lumber, that I thought he had broken all his Bones as well as mine, but I soon scrambling up, gave him my helping hand, which was hardly sufficient to get him on his feet, for he was almost quite spoiled with it: When I have the same advantage of my Countrymen (which I do not yet despair of) I'll return you as good or better Horses than your own, with thanks in the mean time, the latter is all the Reward I can give you. That Night, for Convenience of Lodging, we went to Loghreagh, which was their Quarters, where we slept without Rocking. The next day, instead of a Convoy, they secured us with strong Guards at the Gates, flattering us that they dared not let us go till they knew the pleasure of the Government, and that they would write by their Quartermaster so favourably on our behalf, that they did not in the least question, but that our Conditions should be performed to a tittle; but I soon smelled out their Treachery, which made me resolve to venture on making my Escape while I had the Liberty of the Town, but my Friends often dissuaded me from it, still hoping the best, and judging it both hazardous and impossible to be done, for that the very Countrymen, as well Irish as English, could not stir a Mile without Passes. The fourth day I could not brook the haughty looks of the Villains any longer, which made me resolve to go on with my Design that Evening; but about half an hour before the appointed time, unexpectedly one Mahony, who is now a Captain in the Army, altogether a stranger to me, whispered me in the Ear, that he would carry me off to Sir Henry Waddington's, who engaged him so to do, being formerly his Servant. I was glad to carry my Captain's Coat under my Arm, and lead his Horses out of the Gate, which I looked on to be the best Employment that ever I had; but while I was at Sir Henry's I had the Honour to pass for the Captain's Cousin, and by his Name. I had several narrow escapes afterwards, which would be too tedious to write. In three or four days after from Sir Henry's I had the sad Prospect of my Friends march towards Galloway-Goal, who, as I was credibly told, had severe Usage, and were all Condemned to be Hanged and Quartered, but the late K. James Landing about that time, their Execution was deferred, but it proved no benefit to one Brown, a Gentleman of a 100 l. a Year near Moyallow; he was of our Company, but the last State-day we had, whether his Horse tired, or he had a desire to run all hazards with his Wife and six Children, which he left behind, making his way homeward, he was taken, and sent to Lymerick, from thence to Cork, where the first Gracious Act the King did, was to see him Hanged and Quartered. However at the Request of some Friends he strained his Conscience to grant Sir Thomas and the rest a Reprieve, which was sent to Galloway by John Raines, a Merchant of Mayallow, who was employed by the Gentlemen to follow the King to Dublin, with Letters to their Friends to make Interest for their Pardons. He happily took Cloghstokin in his way, where I was preferred fortunately to his Service, and gravely carried his Cloak-bag behind me to Dublin. The Embargo being taken off, the first fair Wind I set Sail, and just as I was ready to go, I met a Friend that told me Mr. Handcock was in Town, and that he desired to see me, which immediately I made my business, and finding him in his Chamber, was very civilly received by him, but we had not many words together, because of other Friends that flocked in, some with the News of fresh Losses in his Stock, which he gave a patiented Ear to, declaring, that he did not reckon upon any as his own. My time being short, I told him, that I came just to kiss his Hand, and that if I made any stay, I should lose my Passage. Then taking my leave, he went to the Stair-head, where he kindly pressed two Guineas upon me, saying, That of a little I must take a little, for that he judged my hurry from home might hinder me from providing Money. 'Twas a seasonable Kindness, and shall never be forgot, whilst he lives, that is unfeignedly Your Affectionate Brother, T. W. A LIST of those Protestant Gentlemen that are Prisoners at Gallaway, and who entered their Plea (Non Cull) but afterwards withdrew the same, and submitted to the Mercy of the late K. James; and were condemned accordingly, March. 18. 1688/ 9 SIR Thomas Southwell, Bar. Tho. mills. Tho. Ponsonby. John Ponsonby. William Gunn, Sen. Richard Gunn. William Gunn, Jun. John Blenerhasset. Robert Foulkes. Thomas Badham. Arthur Dillon. Bartholemew Gibbons. Stephen Palms. John Morris. Thomas Purdon. Jasper Cox. James Howard. Abraham Cokely. John Toppin. Caleb Cokely. Jonnthan Bowles. Abraham mills. John Watkins. John Wilkinson. Richard Conran. William Southwell. John Sandys. Edward percival. Thomas Creed. Nicholas Eyres. Thomas Busted. Oliver Walsh. Tho. Salmon. Garret Foulks. Daniel Hood. John Chinery, Sen. Robert Bradley. Christopher Ely. James Roberts. George Foulks. James Keating. Roger Atkins. Andrew Nash. Robert Toppin. Francis Wise. John Sanders, Sen. John Sanders, Jun. Robert Hern. Edward Raymond. John Atkins. Benjamin Deacon. Nicholas owen's. John Benson. Tho. Benson. John Tedder. John Raynes. Aaron Stiff. John Threadway. John Butt. Bartholemew Purdon. Charles Norcutt. Tho. Fawkins. Stephen Cats. Richard Frankinson. James Balf. William Sanders. Robert Conran. Richard Waglin. John Maning. Edward Pomroy. James Cane. John Crow. John Green. Joseph Me. Thomas Allen. George Allen. Joseph Whiteing. Thomas Comins. Valentine Taylor. George Woodman. Richard Pennall. John Sandford. Tho Collis. Christopher Holmes. Christopher Hilliard. James Huggins. William Walker. Richard Summer. Nathan. Rowles. John Colvin. John Whitaker. Robert Pheby. Edward Sanders. Peter Raynes. Joseph Barnes. Richard Chinnery. Nicholas Chinnery. Walter Ross. John Salmon. William Salmon. William Do. George Ridly. John George. Roger Long. Tho. Lachford. Richard Choppin. Tho. Williams. Hugh Lawson. Matthew Choppin. Matthew Couch. John Brooks. David Fitzgerald. Tho. Blenerhasset. Luke Thomas. John Smith. Nicholas Conner. Robert Pope. John Laundy. Robert Robinson. Michael Daly. Henry Parr. John Frith. John Bagnor. Edward Oliver. Chistopher Oliver. Joseph Watkins. William Howes. Richard Simmons. Daniel Doer. John Hooper. John colyer. Henry Portway. William Gibson. Peter Bayly. Matthew Thompson. George Hall. Henry Thomas. John Thomas. William Ally. Thomas Casey. William Uppington. John Fowler. George Harding. Philip Burke. William Williamson. William Gee. John White. John Norcott. Bartholemew Horn. Robert Leven. George Bryan. Simon Grissith. James Graham. William Atkins. William Armour. John Flynn. William Sanders. Philip Whittington. Charles Daly. Tho. Curtiss. Richard Curtiss. William Cox. Hugh Whitlock. Francis Barnet. Tho. Raynes. William Victory. Henry Perry. Thomas Gibbs. Samuel Carter. Ralph Emerson. William Frye. Bennet Beasly. George Lane. John Ettris. John Hull. Tho. Thompkins. Nathaniel Daniel. William Cask. John Lewis. William Rice. Tho. Stringer. Philip Teckly. William Sawyer. Daniel Kelahar. Tho. Lane. John Backhouse. Tho. Andrews. Hugh Caly. Anthony Mackcoagh. Joseph Allen. Tho. Casy. Nicholas Purdon. Joseph Purdon. Katherine Gunn. Tho. Moor. Joseph Martin. John Morgan. Tho. Warner. The Four last named Persons escaped; and Mrs. Katherine Guna (Wife to William Guun, Junior; and Daughter to Colonel Townfeed) was Acquitted, because she accompanied her Husband, (tho' mounted and armed as the rest of the Party were). And when the Enemy appeared so numerous, Captain mills telling them: Gentlemen, We have the Sw●rd before, and the Gallows behind: She courageously seconded him; giving her Advice, Rather to Fight, and Die honourably, than to submit to the Mercy of their perfidious Enemy: For she had resolved when she came abroad with her Husband, to undergo the greatest Hardships and Dangers they should meet with, then stay at home, and be subject to the insolent Abuses of the unmerciful Irish Soldiers. Some whereof coming to the House of a Gentleman, one Mr. Burdet, his Wife great with Child, espying them, endeavoured to shut the Door, they forced in upon her, and with their Pistols shot her dead. Sir Thomas, and all the other Gentlemen were Condemned to be Hanged and Quartered: The Judge persuading them to rely on the Mercy of so Gracious a Prince; for he did not in the least doubt of their Pardon; a Reprieve being already sent them, before their Trial, persuaded them to comply with it. But to this day they remain under the Sentence of Condemnation, upon a further Reprieve obtained by their Friend's application to the late King, and promise to get the like number of Papist Prisoners sent over from England, in exchange for them. At Birr, in the King's County, three Protestants condemned to die, viz. Sir Laurence Parsons, Kt. Johnathan Derby, Gent. Jam's Rascot, Gent, The Articles that were given to Sir Laurence Parsors, upon the Surrender of his own House, were brought in against him at his Trial, and was the only Evidence whereby they condemned him, there being no other Evidence but those Articles; the Judge declaring it was High-Treason to Article with the King. At M●riburough, in the Queen's County, eleven Protestants were condemned; two of which were executed, (viz.) Th●mas Lewis, and George Maxwell, being ha●ged and quartered: Two have since made their Escape, (viz.) John Lewis, and— Flaharty; and are said to be gotten for 〈◊〉. Two Brothers of the Lindseys, and some others, died in Prison. After the Eleven were condemned, Baron Lynch being informed by some Person, that the Prisoners should say, They durst not put them to Death, (if they did, the Prince of Orange would reveage-their Blood) he ordered them to be brought into Court in their Irons, with Ropes about their Necks; and examined the Jailor, whether he did not hear them say so: he said, He had not heard them say so, since their Condemnation: the Sheriff taking up the Bible, kissed it, and said, My Lord, by the Oath I have taken, I heard them say so last Night. Upon which jynch ordered their Execution the day following. But their Friends, with others, cried out Mercy: So Lewis and Maxwel only were executed. Mr. James the Minister, and the other six are Reprieved for some time. FINIS.