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A45860 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 : collected by a Person that was present and took the same in writing. Person that was present. 1689 (1689) Wing I151; ESTC R5774 26,265 38

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How wilt thou be Tryed 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 Barr c. 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 Commission'd 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 discharg'd 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 your self My Lord Fulham was not concern'd at all and therefore was discharg'd Prisoner Lewis My Lord we are so crouded 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 Sisters Children and was offer'd 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 Souldiers I saw a Centry at this Door yesterday and forbad it I remember that when Warren Jephson and Thompson were Tryed in 1663. for a Design to surprize Dublin-Castle because this was a great matter forsooth they must be Guarded with Souldiers They were Tryed 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 Souldiers to be civil they are your Guards when you employ them Seventy Prisoners were Arraign'd and return'd 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 Tryal and the Jury was Impannell'd whose Names were as followeth Papists marked thus † Viz. † Thomas Cowdell Phillip Cradock John Pew † Alexander Higden † Christopher Talbot † Garret Birne † Dudley Keogh † John Keogh † David Toole † James White † Darby 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. Elliot Richard Baker † Thady Birne † Francis Tute † James Moore † Hugh Birne † Bryan O Neal. † Dennis Cullen Jaylor set the Prisoners to the Barr. Cl. Cr. You good Men that are to Try the several Issues between the King and John Price c. and other Prisoners at the Barr that shall be given you in Charge c. Jury look at the Prisoners Prisoners look at the Jury c. 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 forc'd 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 Pannel and only two Gentlemen that were Protestants Mr. Cradock and Mr. Pew were Sworn Cl. Cr. Mr. Sheriff a New Pannel The Sheriff gave in another of Eleven in number which were all likewise challeng'd by Mr. Lewis Whilst both the High and Sub Sheriff were looking about the Court for to make up a third Pannel 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 shewing 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 hang'd for any Body Fitz-Patrick Was ever a Judge hang'd Mr. Handcock Councel 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 hang'd 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 concern'd 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 Pannel 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 Pannel you might have Return'd forty because you do not know how far Peremptory Challenges will