and before I had liberty to speak with them or they with me I being then kept close Prisoner from any one of the Kings Evidence The Precedent Examination I gave when on a Petition preferred by the rest of the Evidences I was kept from any of the Earls Friends and from Quarter Master Ely who was always with me before and not denied to be with me but on the Petition of the aforesaid Gentlemen Then it was ordered that I should be kept close and not to have any to come unto me I was then very fearful to discover my mind because of the Guilt that was upon me being concerned Which after a Promise of Pardon if I spake the truth I then resolved to discover so far as I knew though against my self upon which I freely declared my mind in this following Examination After the aforesaid William Bradly did impart to me the aforesaid Treason I met with the said Earl of Tyrone on the Lands of Gavestown in the County of Waterford with two of his men viz. Thomas Power his Gentleman and Garret Mac Teege his Fowler and another whose name is Luke Power I having in company with me one William Power and Baustice Clancy being then abroad hunting with my Dogs the said Earl knowing me at a distance called unto me on which I went unto him The said Earl taking me aside from the company asked me whether Mr. Bradly had imparted to me any matter of Secrecy I replied He had The said Earl then told me That I must be very private and discover it to none but those I was very sure of After which the said Earl drew a List out of his pocket and shewed me the Names of several persons that were to be Superiour Officers both in the County of VVaterford County of Corke County of Keery County of Limbrick and County of Cleere which I took special notice of and knew several of the Persons and amongst the rest the Earl entred my name with my own Pen and Ink in the List the said Earl telling me he had his Commission sent him from the French King under Hand and Seal to be a Collonel of a Regiment of Horse in the County of VVaterford and said that there was hardly a County in Ireland save one but persons were appointed by the French King for that purpose and named in the County of Limbricke Collonel Pierce Lacy the Lord Brittas Sir John Fitz-Gerrald David Fitz-Gerrald and several others This Mac Namara is the Examinants own Name-sake and Cozen. and in the County of Cleere John Mac Namara and several others and in the County of Keery Sir Turlo Mac Mahan and several others and others in the County of Corke And that the said Earl of Tyrone was to be Collonel in the County of VVaterford and Mr. Bradly to be his Lieutenant Collonel Quarter-Master Ely his Major Mr. John Butler Senior his Captain with the Names of several others of that County which he did not read unto me The said Earl saying that they were to raise several Hundreds of Men in every County and that the Superior Officers were to meet on purpose to return an exact Account of their Forces to the French King on which the said King would land many Thousands of Men at the River Shannon This River Sannon runs many miles into the Countrey thorow three of the fertillest Counties in Ireland namely Keery Limbrick and Cleare unto the City of Limbrick and will carry great Ships to the same from the West Seas and as soon as they were landed the next business was to go to the City of Limbrick with five Hundred Men and divide them into two parts the one party to enter the City at Candle-light and that at several Gates and such as best knew the City were appointed to set on the Guards and put them all to the Sword the rest to be hard by the City and to enter in immediately when the Allarum was given and the Body of the Army to draw up as fast as they could By which said the Earl we do not question but to possess our selves of the City and Kings Castle and to banish the English very soon and indeed said the Earl 't is the Providence of God to bring some downfall on that unjust King the Duke of Ormond and his Children that wronged me in so high a Nature on the Account of Villiars Therefore said the Earl go home lose no time but make your selves ready for we know not how soon occasion may require your Assistance and speak to as many Friends as you can Which accordingly I did and provided Arms and Horses for that purpose After discovery being made hereof by Hubart Bourke as you may read in his Information who partly knew the proceedings and having discovered the same was bound by Recognizance to prosecute the said Earl at the next Assizes at Waterford he did for want of mine and others Testimonies absent himself from the Assizes unto which he was bound and for other Reasons mentioned in his Examination But in a short time after the Earl hearing that Mr. Bourke was going for England to make his Application to the King and Parliament the said Earl commanded me to write unto the said Bourke which accordingly I did and signified in my Letter that I would very willingly speak with him but he answering not my Expectation I went my self to him at Waterford and courted him to go along with me home unto my House which I prevailed with him to do I then hastned to the said Earl and gave him an account of my proceedings which the Earl liked very well Whereupon he ordered Major Butler and John Rouan and my self to confer with the said Bourke and at the Mill of Carygumier we met and according to the said Earls Order did offer the said Bourke a Farm stockt together with a Sum of Money so as that he would charge Mr. Villiars Captain Nicholls Mr. Bradly and others with subborning or prompting the said Bourke to prosecute the said Earl and that he should acknowledge it and Mr. Bradly aforesaid should confess the same and that so Bourke and Bradly should be committed Witnesses against Villiars and Nicholls Upon which the said Earl would bring his Action of Scandalum Magnatum against Villiars and Nicholls of 40000 Pounds which thing was contrived by Mr. Andrew Linn and Mr. Bradly the said Earls Friends Unto which the said Bourke refused to consent Here it is to be observed that Mr. Villiars and Captain Nichols were at Law with the said Earl and therefore the Earl did suppose the world would sconer believe what was lain to their Charge upon the Earls account though falsely alledged against them Bourke not accepting the aforesaid proffers the Earl then petitioned the Lord Lieutenant and Council who sent a Summons for the said Bourke and brought him to Dublin and being examined of several matters He gave in his Information and got also Mr. Samson and Mr. Ivie
one did not know what the other had confessed or declared All which Examinations and Informations being delivered to the Lord Lieutenant and Council we were all bound to appear at Waterford Assizes to prosecute the said Earl of Tyrone Where we accordingly went having first petitioned the Lord Lieutenant and Council that none of the Earls Kindred Papist or Tenants should be of the Jury Acquainting his Grace that if they were not exempted from being of the Jury it was in vain for any of the Kings Evidence to appear there Which Petition the Lord Lieutenant told us was granted but when we came to the Assizes we found it denied by the Judges and the Juries Proceeding were such as made the Evidence complain some unto the Kings Majesty and others to the Lord Lieutenant and Council Upon which Thomas Samson one of the Examinants was commanded by the Lord Lieutenant to deliver his knowledge in writing into the Council of the Proceedings against the said Earl at the Assizes Which he accordingly did in the following Examination On which the Lord Lieutenant and Council telling the said Sampson the said Examination was to be sent to the Kings Majesty And to vindicate my Reputation the Lord Lieutenant and Council was pleased to give me leave to come for England and gave me their License for the same The Examination of Thomas Samson Gent. taken before the Lord Lieutenant and Council of Ireland the 14. of May 1680 by the Lord Lieutenants special Command about the Tryal of the Earl of Tyrone and William Bradley Esq at VVaterford Assizes and the Juries Proceedings therein WHo saith That according to my Recognizance I went to the said Assizes on the 10. of March last past the then going Judges being Sir Richard Reynolls and Sir William Davis The next morning after my arrival there I waited on them in their Chamber to receive their Commands I then told Judge Reynolls that I had sometime before petitioned the Lord Lieutenant and Council That no Papists Tenants or Kindred should be of the Jury and that his Grace told me that my Petition was answered and that he would give the going Judges Instructions therein To which Judge Reynolls replied That all the Judges had given their Opinion that it was contrary to Law that Papists should be exempted of being of the Jury I then answered that I was content with what my Superiours thought fit Judge Reynolls then told me I might have a Councel allowed me I told him I desired it in regard it was for the King and by reason I was a stranger to such Proceedings Upon which I made choice of Counsellor Becket but Judge Davis told me that he was not acquainted with Crown Proceedings and therefore said they would allow me Counsellor Pine and that they would give me a Note to him but they went to Church and gave me no note at all I then went to enquire for Councellor Pine but found that he was not in or near the Town Judge Reynolls also told me That the Earl was to be indicted for High Treason and that Mr. Bradley was to be indicted with him on the same Bill I then replyed that I much wondred at it in regard that the Witnesses against the one were not against the other And that I thought Mr. Bradley might if well handled and indicted asun der be a material Witness for the King but Judge Reynolls then answered it was so ordered above I then said I was content with what Authority commanded Upon which the Judges went to Church from whence they returned to the Court and after the Ceremony of the Court used c. The Grand Jury was called Counsellor Porter a Papist said My Lord there is a Peer of the Nation in question and therefore he prayed leave to appear for him I answered That there were three Nations in the Case and that the Kings Witness had rather need of Counsel Yet the Judges allowed Counsellor Porter to speak and Counsellor Longan a Papist also who said My Lord I am for the Impeached And they prayed leave to except against some of the Jury which was against none but Protestants The two Counsels together with three Attorneys appeared for the Earl the Kings Evidence being not allowed one and pressing for a Counsel Judge Reynolls answered me he would be our Counsel which I took as spoken in derision Hereupon I desired to object against Tenants and Kindred of the Ears's Papists being before allowed and in particular against Paul Sherlock a Tenant and Peirce Welch Gent a Kinsman of the Earl and others who upon their bare denying themselves Tenants or Kindred were admitted Jurors and sworn whereas they were both either Tenants or Kindred After Dinner I attended the Judges again in their Chamber who swore me and the other Witnesses commanding us to attend the Grand Jury which we accordingly did waiting in a Chamber next the Grand-Jury Chamber and Hubbart Bourke one of the Evidences went to the Jury and intreated Admittance and desired to be heard as he told me and the rest of the Witnesses But the Jury told him that they had his Examinations already and that they had no business with any of us for that they were ordered to hear no new Matters To which I answered That I was sworn to attend the Jury and therefore would have Admittance Capt. Grant always meeting the Evidence at the Door and telling them that they had no business with us which was unknown to some of the Jury Whereupon I went three times to the Grand-Jury-Door and being earnest I was admitted in Capt. Grant and Mr. Carew asked me Whether I had any new Treasons to inform the Jury of other than what were delivered in before the Lord Lieutenant and Council in my Examinations and told me if I had they were ordered not to hear or Words to that purpose I told them that I had no new matter but what had been before the Lord Lieutenant and Council but I desired to have my Examinations read unto me to see if they were all there or if need required that I might explain the same or words to that purpose On which they read one of my Examinations unto me whereby I found all my Examinations were not there or at least read unto me of which I informed the Jury But Mr. Welch Capt. Grant and Mr. Carew pressed not to have me heard on which I told them that some of them were fitter to be on an Examination than on that Jury on which they were silent And the Foreman acknowledged before the Committe of the Council appointed to examine them that they received but Nine Examinations of which he gave me an Account in writing and that I told them of several things that were not in those Examinations Sir John Davis wondering where the fault lay that all the Examinations had not been delivered to the Jury being not the one half of the Examinations taken before the Lord Lieutenant and Councel and also of
further That if I did not starve in Prison he would hang me the next Assizes Then going towards Waterford Gaol I wrote a Letter to VVilliam Smith Esquire that he would speak to my Lord in my behalf to take Bail for me who promised he would but his Lordship refused to do the same when again Bail was tendred And then I was sent to VVaterford Gaol the beginning of November and there remained until the 14th of March following although there were five Letters written to his Grace the Duke of Ormond by me complaining to his Grace of the Misusage I had received and containing what farther I had to say Which Letters either miscarried or were taken up at the Post Office at VVaterford that the Lord Lieutenant never received them nor no account given to his Grace of them as his Grace was pleased to say The Further EXAMINATION of Hubart Bourke WHo further saith That after I was sent for by his Grace the Lord Lieutenant and Council in March following and was ordered to attend the Court of the Kings Bench and the Earl of Tyrone to answer I accordingly appeared there and was charged by the Earls People his Attourney Mr. Buckner his Sollicitor Thomas Cowdall and one Mac Carty Deputy Clerk of the Crown for Munster Circuit where the fore-mentioned persons brought an Indictment against me for Stealing of Horse out of the County of Cleare which as they pretended was about three years before Which was but a Contrivance as it was found upon Trial by the Judges of the Kings Bench thereby to render me infamous that my Evidence against the said Earl might be of no value where I was bound to prosecute the said Earl at Waterford Assizes next ensuing Note That this Cowdall was the foresaid Powers man and Mac Carty one who was under promises to discover all secrets to the Earl that he knew as Clerk of the Crown But being bound to prosecute the said Earl at Waterford I was discouraged from appearing there several people telling me that I should never return from thence in regard the said Earl had procured one of his own Council to be Judge of that Assizes and his own Tenants and Relations to be Tryers of the Matter and that at his own Door and Countrey All which so affrighted me that I chose rather to hazard my Recognizance and forfeiture of my Bonds than to endanger my Life which I understood was sought for Yet notwithstanding all Threats I went to Waterford Assizes but finding the said Earl of Tyrone and his Cozen Lieuten Thomas Power lodging and dietting in the same house with the Judges and being told in Waterford that if I opened my lips against the said Earl of Tyrone that I should not sleep that Night following unless I slept to Eternity Which Threat daunted me much also wanting John Mac Namara his Assistance of his Testimony which by promise of Reward by the said Earl he was kept from affording me And not having then forced Mr. Thomas Samson to bring in his Testimony nor Mr. Edward Ivie his all which I knew could discover much in this matter was the Cause why I left the Court and absented my self thinking it would be better at the Kings-Bench by which time those Persons before-mentioned would be brought in Further In order thereunto I wrote a Letter to the Lord Chief Justice Keeting and Sr. Richard Reynolls the Judges then at Waterford That I was not then prepared to proceed the Witnesses being not brought in with such like Excuses but fearing the Letter should not be delivered and not daring to go to the Judges Chamber by reason of the Earls being there and his Friends and Servants I went into the Court where as soon as I appeared the Lord Chief Justice called as I thought unto the Gaoler to take me into Custody which affrightened me so that I went away out of the Court and such a Hue and Cry was made after me by the Gaoler Constables and Bailliffs that I was glad to go into one Mr. Fullars Tann-house near Watersord and there to stay all that night In the mean time the Gaoler goes where my Horse was and told the people he was ordered by the Judges to secure my Horse The next morning by break of day I hired a Boat to ferry me over to the Slip house in Killkenny side and County and went into one Mr. William VVilkenson's house an Inn-keeper who about four of the Clock in the afternoon told me that it was not safe for me to stay in his house in regard there was so great a search and inquiry made after me in VViterford Whereupon I took Mr. VVilkenson's advice and went two miles on foot towards Killkenny intending to go to his Grace the Lord Lioutenant who was then there and to acquaint his Grace with the proceedings but Major Richards his Coachman one who lived with the said Earl not long before overtook me in the way and rid before me to an Alehouse where he writ a Letter to the Earls Coachman William Finch that he the said Finch should acquaint his Lord of my going towards Killkenny which Letter I accidentally discovered which caused me to leave the Road and to go to a place called the Gurteenes and there to stay four or five days until John Mac Namara who had discoursed the Matter with the said Earl of Tyrone sent a Letter unto me in which he said that the said Earl swore and dam'd himself to Eternity that he owed me no ill will at all praying me to come to his House but being so afraid of my safety I told him that I could not I then writ a Letter in few days after unto the said Mac Namara for my Linnen and other things that were at his house who returned the Messenger to me with a Letter without my Linnen wherein he mentioned that he would meet me the next morning at Waterford and have my things there with him and that he had several things to impart unto me concerning the Earl of Tyrone which he durst not write so meeting accordingly the said Mac Namara his Wife and Father-in-law Teege Finiean at Mrs. Jarvies her house I told him that I was ready to go on Ship-board for England Never trouble your self farther faid Mac Namara for I will get you a good Consideration and Liberty to stay in Ireland the aforesaid Finican also promised me 20 s. and one Barrel of Beer he had at home and he would lend me his Horse to ride to his house to drink part thereof the said M. Namara telling me that I was not in case at present to take such a Journey meaning to England and so they flattered me home with them Which I still understood by their Discourse that it was on the Earls accompt that they invited me Two days after my coming to M. Namara his House he went and informed the said Earl therewith and told me coming home from the Earl of Tyrones that the said Earl
a Letter to Mac Namara for his Linnen and other things left with them saying in his Letter that he was going for England and that the Ship was ready to sail Mac Namara knowing that it was to inform against the said Earl made all haste possible to him whom as Mac Namara told me the Earl ordered to send for Bourke to prevent his going into England Upon which Mac Namara and his Father-in-law went to Waterford where they found Bourke and told him that they had a Barrel of Beer which he must take part of and Twenty Shillings in Money for him but whether the said Bourke had the Twenty Shillings he best knows Vpon which the said Bourke came to Mac Namara's house of whose comeing he made haste to acquaint the said Earl and Mac Namara returning home told Bourke that the Earl of Tyrone desired to be remembred unto him and did assure him that the said Earl was not angry with him with many other kind Greetings And being my self at a Christening in company of Mac Namara Bourke and others the Priest called Mac Namara out and asked him what was done as to the Business of the Earl of Tyrone at the Assizes And seeing them go privately under a Bank to Confessing I asked him what they did there Mac Namara told me that the Priest resolved in Things he doubted of and was troubled about The next day the said Mac Namara acquainted the said Bourke from the Earl that he had appointed Major Butler and John Rouan to treat with the said Bourke and that the Earl would give him a Farm and Stock and what Money he pleased if he would charge Mr. Villiars Mr. May Captain Nicholls Mr. Bradly and Peter Anthone for imploying him the said Bourke and feeing him unjustly to accuse the said Earl and so to declare that he knew nothing against the Earl but charged him thorow the instigation of the Gentlemen aforesaid and that thereunto was by them subborned in promises of great reward Hereupon I asked the said Mac Namara what would become of Bourke then if he should do so He answered that then the said Earl would be in the same Capacity or greater than he was before and then no man could harm him the said Bourke and that the Earl would defend him from any person that should endeavour to harm him After which I talking with Bourke concerning the proffers made him I advised him to be just to which he answered That he would rather die than to be unjust but notwithstanding he would meet the said Gentlemen to see what they would be at Mac Namara also told me That he would requite me if that I would but intrap Mr. Samson the Earls Steward that was who had been privy to the Earls Concerns and might discover much against the said Earl if not prevented Some days after Mac Namara Bourke and I met being that morning they went to meet the aforesaid Major Butler and Rouan I being with them at one James Finican's house I again charged Bourke to be just and abuse no man but to speak the truth which accordingly he promised me to do And so they went from me to the place appointed where they met the said Butler and Rouan who used great Reasonings to perswade Bourke to charge the Gentlemen aforesaid but could not prevail as Mac Namara Butler and Bourke told me at their return who came and lay all together that night at Mac Namara's house The next morning I having some occasions at Waterford and Major Butler going that way we went together Major Butler telling me that they had treated with Mr. Bourke about the Earl of Tyrone's Business but could not bring him to any thing the Major wifhing that the Earl had never been born to intrust such a one as Bourke with a Secret of that importance I then asked the said Major Butler what he thought then would become of it Who answered that he hoped yet to prevail with Bourke to do as before And then Bourke writ a Letter to the Earl of Orrery desiring me to carry the same which I received having business that way In which Letter the said Bourke mentioned the several Treasons he had to discover but the losing his Horse and the danger he was in of his life made him uncapable of waiting on the Lord Lieutenant and therefore prayed the Earl of Orrery to acquaint the Lord Lieutenant of it Before this Letter was sent the Pursivant seized the said Bourke and Mac Namara seized the said Letter and carried it to the Earl of Tyrone who acknowledged that he received the same Whereupon I went to Nicholas Osbourne Esquire one of his Majesties Justices of the Peace of the said County of Waterford who took part of this Examination which I have now made and advised me to go to the Earl of Orrery to impart the whole Vpon the Examination before-mentioned I advised Judge Keeting who took part of my Examinations that if he sent privately and apprehended the said persons there would be found in Mac Namara his Pocket a Letter which would confirm the subject matter of my Examination provided the Warrant was committed to the Execution of a Trusty Person but instead thereof the Warrant was sent to Quarter-master Ely before-mentioned who gave it to the Earl of Tyrone's Servant who instead of searching him assisted him by the said Earls Order with a Horse and Necessaries for his Journey to the Earls House where he had from the Earl Money and Instructions for the Concealing the Treason with great promises of Rewards from the Earl and the said Ely which accordingly the said Mac Namara did for sometime do The INFORMATION of John Mac Namara Given in before the Lord Lieutenant and Council and Committees appointed for that Purpose WHo saith That William Bradly Esq one of his Majesties Justices of the Peace for the County of Waterford in the Year 1678 gave me the said Mac Namara an Oath of Secrecy touching the Plot intended and designed in Ireland by the Earl of Tyrone and the rest of the Confederates against the Kings Majesty At Which time he imparted to me That the Earl of Tyrone had received a Commission from the French King to be a Collonel of Horse in the County of Waterford and that he the said William Bradly was to be his Lieutenant Collonel and desired me to provide my self with Horse and Arms and to procure as many as I could of those I dare trust and that I should have a Command of being a Captain under the said Earl and him Whereupon I did provide my self and spoke unto John Folio James Finican and Dennis Mac Namara to provide themselves with such necessaries as were requisite for that purpose informing them also that Mr. Bradly did impart such matters unto me and who knew that I the said Mac Namara had imparted such matters to the said John James and Dennis who afterwards did confess the same to his Grace the Lord Lieutenant and Council
done in the presence of many Witnesses This was Charged against the said Finch before the foregoing Judges at the Assizes The Indges were Chief Justice Keeling and Judge Reinolls but never prosecuted though I told their Lordship that the said Finch was in the house where they lay waiting on the said Earl his Master The next day after the said Finch spoke the aforementioned words the said Earl laughing at me told me that the said words were not Treason and did not as much as check the said Finch for the same On which having my Bible in my hand I swore the words before the said Earl telling him that if it was Treason I would not be guilty of concealing of it Shortly after the said Finch laughed at me and told me before several Witnesses that he now cared not for what he had said against the Parliament for that now the King had turned them out of doors I also observed that the Earl was imploying one Major Butler a Papist to perswade Mr. Bourk to deny his information and to say that Collonel Viliars and others did bribe him the said Bourk falsly to impeach the said Earl I farther took notice of the Earls allowing all his Papist Servants to go to Mass who when it was forbidden went at midnight and of his seeming displeasure to them But in the conclusion he turned away or sent to Prison all his Protestant Servants as long as he had any And when I denied his Labourers to work on the Fifth of November he the said Earl commanded them to work calling that day A Protestant Cheat And the day of Humiliation for our late Soveraign of Blessed Memory The Parliaments Fast saying that he would take the sin upon him if I would not keep it I observed also the great Concourse of the Officers that came out of France and were disbanded at his house and his Papist Servants private receiving of Papists Arms to secure them for their Owners or other uses And when Madam Mortamore was reading of Coleman's Tryal and in particular the long Letter the Earl said that what Coleman had done was just and that if he had been in Colemans place he would have done as Coleman did I answered that suppose I was in Spain was it law ful for me to endeavour to subvert the Government there established To which the said Earl answered that it was my duty so to do and that there was no Law against Colemans doing of it in England or for taking away the Kings Life for endeavouring the subverting the Religion and that Coleman suffered unjustly And as for Colemans endeavouring to Murther the King said the Earl that was proved only by two Rogues And here he shewed me a Letter which as I remember came from one Robert Power aforesaid in which was instanced a Knight whose Name I do not remember that begged the Kings Pardon to speak who after it was granted told the King He verily believed that there was no Plot and that the Witnesses were two Rogues who if encouraged would take away all their Lives Madam Mortamor having ended Saint in Heaven and that all that had a hand in his Death were or would be damn'd in Hell At another time the said Earl being appointed by Authority to settle the Militia with the High Sheriff William Dobbins Esq and others Mr. Fith Gerrald of Waterford sent to him to act in it and I my self carried the Message from the said Fith Gerrald to him telling him the said Earl that by his appearing and shewing himself active for the King he might again redeem the Kings Favour and do himself and Servants good To which the Earl replied That if the French were at Coole-sin meaning a place a mile from his house he would not draw his Sword against them And at another time when he wanted Oats for his Horses the Earl laid That he had rather want Bread for his Table than Oats for his Horses not knowing how soon he might be called on Service Now having denied the serving of his own King before I might well wonder whom he intended to serve having made such Great Provision of Horses And afterwards when perswaded to go and meet the Sheriff about the Militia he went to a place called the Three Miles Bridge in the County of Waterford where the meeting was appointed but just met them and made haste back and disheartned those he met from going and jeared at the Troop calling it the Buttermilk-Troop saying that his Great Horse would beat a Troop of them At his return several of the Officers that came out of France were come to the said Earl's House where he met them And at another time having had some Trial-gone against him in the Courts at Dublin and receiving a Letter from his Attorney or Sollicitor of something which the King had done concerning it in England he fell into a great Passion against the King and said That if the King was pulled out of his Throne he would not draw his Sword to defend him And upon getting one Owen Whelan an Old Tory and making him his Sergeant or Bayliff I telling him that the Country would take notice of it he wished that he had ten thousand such Torys for there is a time coming said he that I could make use of them Observing all those things it made me use all possible means to get my self free from the said Earl's Service and in order thereunto got one Mr. Power of Clasmore being the Earl's Kinsman to speak to the Earl who was thereupon appointed to audit my Accompts which accordingly he did After which they used all means and endeavours to take away my good Name or Life viz. Garret M. Teege alias Wall the Earls Fowler who threatned my life lying in wait for me with one of the Earls beff Guns as he hath confessed And at a Fair at Clonagan he lent one Martha M. Shehan a Knife which the said Shehan had ready to kill me withal had not one espying of it prevented him by taking the Knife from him as he was giving the Stab and secured it Hereupon I acquainted the Earl therewith who desired to see the Knife and taking it into his hands broke it and then bid me to prosecute the Offenders At the fame time the aforesaid Owen Whelan the Old Tory and others lay in wait for me with Clubs which was also discovered and prevented by my presenting a Pistol at them and so made my escape from them Also John Power who as the Servants told me killed the Lord Mohan threatned my Life he was carried to Dublin in the Earls Coach and there kept private at the Earls Charge Lieutenant Thomas Power the Earl's Kinsman now of Captain Congrose's Company also threatned my life at the Assizes in the Judges Chamber He also got me to be sued by one Porter a Papist for Wine which the said Earl had many years before I came unto him the said Power wishing that he had broke
presented his Service unto me and desired me to give Major Butler and Mr. John Rouan a meeting at a certain place in order to agree with me which thing I imparted to Mr. Edward Ivie he living in the same Town where the said Mac Namara dwelled Mr. Ivie desired me to be wary for fear they should intrap me on which I told Mr. Ivie I would go and see what they would be at In order to which resolution Mr. Mac Namara and my self met them the said Major Butler and Rouan about four Miles from the said Mac Numara his house where Ale was sold and reasoning the matter together the said Major Butler desired me to desist troubling the said Earl of Tyrone any further and the said Earl would give me a good Farm and Stock and the said Earls Favour for evermore than ever his Lordship shewed to any before and willed me to name any Sum of Money that I pleased and he the said Butler would be bound for the payment hereof on Condition that I the said Bourke would not any more trouble the said Earl but that I would say that Esq Villiars Capt. Nicholls Mr. May Mr. Bradly and Mr. Peter Anthony were my Assistants and Promoters in this Discovery and Design against the said Earl To which I answered That neither of the Parties mentioned ever spake a word to me concerning such things in all their lives and if they had I would not be prompted to such an unjust Action by any of them and that I never charged the said Earl with any thing but what the said Earl was pleased to tell and shew unto me himself After they had kept me there until it was almost night then Major Butler sent Rouan home unto the Earl of Tyrone and Major Butler came himself with me and Mc. Namara home to Mc. Namara his house where the said Major and my self lay that night together all which Discourse of our meeting afore-mentioned I acquainted Mr. Ivie with Then I resolved to go into England but Mr. Ivie told me that it that it was not safe to go before I had the Lord Lieutenant his Pass Now upon that saying I knew not what to do for want of a conveniency to apply my self unto the Lord Lieutenant and also being afraid to go alone I then went to Waterford where I met one of the Earl of Tyrone's Servants named John Whelen who told me before Mrs. Jarvis and her Servants that it stood me instead to run away at the Assizes for if I had stayed the Judges were resolved at least to crop my Ears and Mr. Wilkenson afore-named told me that the Judges were resolved to take me along the Circuit with them and to indict me at Ennis and hang me if they could I also writ a Letter to the Earl of Orrery which the aforesaid Edward Ivie was to carry to the said Earl the said Ivie having occasion of his own into those parts Which Letter the said Ivie read before it was sealed The contents of the said Letter was to pray the Earl of Orrery to send for and examine the aforesaid Mr. Samson who was then at Youghall near the said Earl and to write to his Grace the Lord Lieutenant desiring him to send for the said Mr. Samson Mr. Ivie and my self but Mr. Ivie being busie in ordering his Harvest could not go so soon as he intended to the Earl of Orrery's In the mean time when the Earl of Tyrone could not by Bribes or otherwise prevail with me to desist he then petitioned the Lord Lieutenant against me and thereupon a Pursivant was sent to the Earl of Tyrones first and told him that he was ordered to take his Directions for the securing of me and being taken I should be brought before the said Earl first And the said Earl to cloak his knowledge where I lay as if he was ignorant of the same sent several of his Servants to search after me who all knew where I was having often sent unto me before who coming into the aforesaid Mac Namara his house about Ten or Eleven of the Clock at night the said Earls Servants apprehended me and bound me with Ropes but when I saw the Pursivant I asked him Whether he had a Warrant Who told me that he was but a Spectator and they meaning the Earls Servants were the Officers and withal he bad me take leave and last farewel of my Friends Then they brought me away from Mr. Mac Namara his house four miles that night and next morning they carried me tied with Ropes out of the way we were to go to Waterford until they came to the Cross there and then they went into Mr. Guddridge his house an Inn-keeper and there stayed me until all the Earls Friends in the Town and all the Officers in the Town came to see me in that Case And then they procured a lame unshod little Garren for me to ride on and tied my Legs under the Horses or Garrens Belly and so carried me out of the way thorow the Town to the other end thereof having many Spectators and then carried me back to the said Earls House at Corroghmore so bound where the Earl had many Friends gathered together to see me come in that manner and so left me to the Earls pleasure After they had stayed me at the said Earls after the manner aforesaid about two hours then they carried me on the way to Carigmesure and Thomas Power the Earls chief Gentleman rid before us to Crehanah to Major Butlers House to desire him to meet me in the way which accordingly he did and asked me as if he had not known what was the matter I answered him that I did not know Said the Major to me Can I speak with you in private I told him that there was no fit place for him to stay for I was wet and dirty with riding so far in dirty ways without Boots with my Leggs tied Then the said Butler followed me to Carigmesure and brought with him John Rouan aforesaid and Quarter-master Ely No question but he knew the rest being all Papists the said Ely saying That he knew the rest of the Company but me he knew not I answered him that he knew me too if he would acknowledg it but I was indifferent whether he would or not I know you so well said Ely that one rope is too little for you Then Major Butler and Rouan fell again to the old way of corrupting me by turns and the Major promised me that if I would do as he before desired that he would follow me next Morning to Killkenny and get me rid of any further trouble if I would take their former proffers and accuse the fore-named Gentlemen and that there were a People before me at Killkenny that would be very glad that these Gentlemen aforesaid should be brought in to the saving of the Earl of Tyrone But I refused and scorned their offers notwithstanding the great shame and pain they put
him that I had and that it was in my Chamber where he might also read it then he asked me whether I remembred what it was saying that by the Examination I knew what was the Charge against the said Earl and being very earnest to know what it was I told him that the Earl was asked whether he did not receive a Letter from one Robert Power who studied the Law at one of the Inns of Court at London that mentioned that the French had a great stroke in England and shortly would subdue both England and Ireland or words to that purpose To which the said Moore replied was there mention made of that Leetter I answered there was then said Moore we are all undone my Lord and I too strikeing his breast and being so amazed lying his head on his hand that he spoke not one word for one quarter of an hour Seeing of which I was not a little moved in my mind and knowing the private sittings up at night of the Earl and Doctor at the Earls house at Curroughmore when he first came over I then concluded there might be some Truth in Bourk his Information and I then resolved to observe matters better afterwards and so continued to take notice of the Earls ways and Inclinations more narrowly Now that the Reader may the better understand my Examinations by the way I shall observe some Confrontings of the persons in my Examinations specified before the Committee or persons by Authority appointed viz. of the said Doctor Moor when I had been examined before Judge Keeting the chief Justice of the Common Pleas and delivered to him my Examination concerning Dr. Moor aforesaid When I came to the Chief Justices house in a little Room by that where we walked the Chief Justice and this Dr. Moor were sitting covered and discoursing as I think together And having charged the said Moor as before when I was called in and this Examination read unto him I told him the said Dr. Moor That I was sure he could not deny such a positive Truth the Dr. was then so amazed that he could not tell what to say for himself On which Judge Keeting said Doctor You are Guilty And certainly you being a Doctor of the Civil Law can tell what to say for your self either to confess or deny the Fact Then said he after a pause I will deny it but confessed it when at the Tavern with me and when he set his hand to the denyal of it his Hand did so shake that he was hardly able to write his own Name Of which passage I told the Lord Lieutenant that night at Council and Judge Keeting owned to his Grace in Council that He said so and that he believed the said Moor to be guilty and when Judg Keeting demanded Security of the said Moor He told the Judge that he was bound over already on Dr. Oates his Information and that also he was security for the EARL of Tyrone All this time Bourke was kept close Prisoner and ordered by the said Judg to speak with none neither have Pen Ink nor Paper But this Moor was at Liberty and never disarmed or ever since disarmed or questioned or whether he ever gave any other Bail I never knew or heard but went in few days after to the Earls and I verily do believe that he went to secure the Letters for I told Judge Keeting in what Cupboard of the Earls they were But to proceed in my Examination the Earl of Tyrone having given in bail of which Dr. Moor was one for his appearance the next Term the Earl then returned home to Curroughmore and one Thomas Cowdal the aforesaid Robert Power his man with us After our return the next Morning the said Earl commanded me to wait on him to Coolefine a place of the said Earls one mile from his house where he privately told me that the said Cowdal was to be the next day on an Inquiry at the Sheriffs Court to Examin what Estate the said Earl had in that County of Waterford in order to seize it for the Earl of Anglesey on the pretence of a debt due from the said of Tyrone Earl to his Father-in-Law the Earl of Anglesey I then asked the Earl of Tyrone what would become of me his Steward when the Lands were made over to the Earl of Anglesey To which the said Earl answered That it should be never the worse for me for what was done was only to prevent Bourk's Charge and Villiar 's Judgment and to preserve his Estate for his Son To which I replyed that for Bourke his Charge I thought I could clear him the said Earl of it to which the said Earl answered that he would give a thousand pound on that score for as to Villiars his Judgment he cared not for as much as he had found a way with Captain Franklin and had witnesses to prove it so that he cared not for him meaning the said Villiars And when the Earl returned home to his house at Curroughmore He delivered me a Copy of a Letter of Atturney written by the aforesaid Cowdal commanding me to copy out the fame in an unknown Character which I did not ordinarily use which I accordingly did and when I had so drawn it the Earl gave it unto Cowdal which I did fearing the event if I had denied the Earles Commands The Contents of the said letter of Attorney were to impower the said Cowdal to act for the Earl of Anglesey and to receive from the Sheriff the Estate when seized for the Earl of Anglese 's use by the Sheriff According to which the eftate was seised and by the Sheriff delivered to the said Cowdal to the use aforesaid The consideration of the foregoing Premises together with his forcing me to write the aforesaid Letter of Attorney and the End wherefore the said Earl did it begot in me a thorough belief of the Earles disaffection to the Goverment and put me in the mind of many things that were done before which I thought to have been done in passion which are hereafter mentioned About Christmas 1678 William Finch the said Earles Coachman a Papist being at dinner with many more upon the discourse of disbanding Collonel Mo Carty's Regiment he then called the Parliament the scum of the Country and wishing that the said MoCarty had all the Parliament Men out one by one he said he was sure he said Collonel would kick them about the Streets or if he fought them he would kill them all one by one and I advising the said Finch to talk of things he understood he told me he knew well what he said and that he meant the Commons in Parlinment assembled and after dinner giving God thanks for our food concluded saying God save the King to which the said Finch answered farting with his mouth God bless our Church meaning as I believe the Church of Rome the said Finch being a professed Papist and that same day at Mass all which was
my Neck when he last met me for then said he you would not have been an Informer now This was after I denied the Earl's Man to appear for the Ear against the aforesaid Mr. Bourke And having had Warrants from William Bradly Esq against all the aforesaid Persons got by the Earls pretended leave to me yet afterwards they were all secured from Justice by the said Earl Of which I acquainted the Judges of the Assizes but they gave me no Warrant against the said Persons but afterwards acquainting the Lord Chief Justice Booth therewith he gave his Warrant against them but it could not be served the Offenders being all secured from Justice by the said Earl in his own house or lands Madam Mortamore telling me That if I prosecuted them especially the Powers that I should lose my life and no body know what was become of me being a stranger in the Country And when Mr. Bourke was to prosecute the said Earl at the Assizes at Waterford August 14. 1679. fear causing him not to appear Thomas Power the Earls Gentleman came to me and told me that the Earl would have me to appear for him before the Judges and that if I would so appear for him the Earl would be clear'd Bourke being gone with promises of Reward if I would so appear which I refusing to do the said Power parted from me in a threatning manner and afterwards at Mr. Bradlys was followed by Finch aforesaid and others The same night Mr. Dobbins the High Sheriff was sent by the Judges for me to come to them to their Chamber which I accordingly did at which time the Judges told me that the aforesaid Bourke was gone and had sent them a Letter wherein he mentioned that fear and want of his Evidence made him to abscond or words to that purpose Then the Judges sent for Mr. Mo Cartee the Deputy Clerk of the Crown and for Bourk's Information who brought it and read it nnto me before the Judges and hearing them read I told the Judges that as for part of the information as it was read unto me I thought the Earl not guilty but as to Powers Letter I refused to answer thereto and the reason I answered so was because I was not on my Oath and therefore considering the danger I was in being so threatned as before and seeing the Judges and the said Earl lodging and eating together and the Earles servants at the Judges door as if they had been keepers of the door caused me then to confess nothing against the Earl of what I knew The Judges commended me for a very honest man as they told me that they heard I was and therefore Bourke being gone if I would vouch for the Earl that he was not concerned in any thing that he was charged the said Judges said that on my bare averring it the said Earl would be acquitted I then complained much against the Earles Servants especially against the aforesaid Finch who was then in the house and so I left the Judges who sent for me a second time and Judge Keeling asked me whether I had any Treasons or knew any thing of the Earles disaffection to the King to inform them withal I being silent they concluded I had and therefore commanded me to bring the same in writing to them the next morning which accordingly I promised them to do But having acquainted the Judges of the said Finch as you may read before and of his being in the Town and he not being apprehended and being in the Judges own Chamber where they dined with the Earl solicited and threatned by Mr. Shortnal the Earles pretended Chaplain and menac'd and threatned as before by the aforesaid Lieutenant Thomas Power in the Judges Chamber and in open Court by William Buckner the Earles Attorney before the Judges and knowing the great Correspondency there was betwixt the Earland the Chief Justice Keeling and the great dealings there had been betwixt Judge Reinolls and him the Earl often telling his great joy when Mr. Keeling was made Chief Justice saying when the aforesaid Cowdal brought him the news thereof that now he the said Earl neither feared the Lord Lieutenant nor Lord Chancelour his enemie and that he cared not now where he was tryed having before often said that he could not be forced to England to be tryed and that in Ireland they could not without calling a Parliament The consideraton whereof and the fear I was in to deal with so potent a person made me not to appear according to my promise the next Morning to give in my testimony but I went into the County of Cark to advise with the Earl of Orrery whom I knew would advise me whose sickness hindred my procedure until I was sent for by the Lord Lieutenant and Council and being there several times examined and by several Councils and Committees that our genuine sence might be taken and for that prevention of all mistakes Mr. Bourke Mr. Ivy and my self gave in those forementioned Examinations In which I also acquainted the Lord Lieutenant and Council that one Lawrence Swillivan a Papist left with the Earl by a Priest and afterwards made the Earles Butler was in March 1678 allowed to go or was sent into the County of Keery under pretence of seeing his Friends there who went his journey thither as the Earl went first to Dublin after he the said Earl was impeached by Bourke After his return I heard him talk much of Sir John Fitz Gerald and others in the County of Limbrick and telling me how much he was made by the said Gentlemen whom I after saw taxed for like Treason by Mr. David Fitz Gerald and observing also the return of the Earl from Dublin and he from his journey the same time and the Earles reproving him with a kick before me and withal giving him a wink and went into private together a considerable time by which I saw that the Earles anger was but pretended to him Upon which the said Swillivant being examined by the Bishop of Meath and Sir John Davis a Committee at which time Sir John Davis read my Examination or Information to him before me who was appointed to confront him he confessed he were with the Gentleman Sir John Fith Gerrald and some of them accused who made much of him but the said Sir John Davis so much threatned me and upheld the said Swillivant that they made nothing of it always observing that Sir John Davis had more care to examine or to intrap us then to intrap the Impeached else they might have sent and examined the Earls Cupboard where his Letters lay which would put all things out of dispute as I told Judge Keeting and Sir John Davis and fully satisfied them whether our Testimony was true or no. All these precedent Examinations and Informations together with three more viz. Dennis Mac Nemara John Foley and James Finican all agreeing in their Evidence with those Examinations Informations notwithstanding the