Verdict To which the foreman answered they were agreed according to the way they commonly use in Juries which was to put it to Votes But whether it were true or no that they left to the Judges and so the Bill was receiv'd Ignoramus The Names of the Jurors that were for finding the Bill William Bolton Ar. Andrew Richards Ar. Thomas Osborn Kt. John Morris Gent. Robert Whitby Gent. John Stephens Gent. Henry Jaques Gent. The names of them that would not find the Bill Jaspar Grant Ar. Peirce Walsh Ar. Tho. Neal Gents Robert Cook Gent. Robert Cary Ar. Michael Cary Gent. Roger Cary Gent. Paul Sherlock Gent. Anthony Obryan Gent. James Oldfield Gent. Queries touching the Earl of Tyrones and Mr. Bradleys Tryals 1. Whether all the Examinations taken against the said Earl and Mr. Bradley or either of them befor the Lord Lieutenant and Council on which the Lord Lieutenant and Council declared the Earl to be Guilty of High-Treason should not have been delivered to the Grand Jury 2. Whether the Evidence for the King ought not to have been heard by the Jury when they were sworn to that intent 3. Whether the Kings Evidence ought not to have had Council assign'd them as well as the Party accused who had both Council and Attornies granted him according to his own desire 4. Whether the Bill could be found or returned Ignoramus twelve not agreeing thereto 5. Whether all those Letters mentioned in the Examinations should not have been sent for and examined when desired by the Witnesses for the strengthning their Evidence especially when notice was given of the place where they might be had 6. Whether those persons were sit Evidence for the King upon their Oathes that gave it out they would clear the Party accused on their bare words 7. Whether all that were charged should not have been taken into Custody and disarm'd 8. Whether a person accused for several Treasons upon a Tryal for some can be cleard af all especially when all the Examinations were neither heard nor all the Witnesses known to the Jury This Informant further faith that when he found that neither he nor his Witnesses could be heard in Ireland he came into England and made his Appeal to the King and Council in April last together with another of the Witnesses Mr. John Macnamara by name Which being done this Informant and the said Mr. Macnamara were by Order of the King and Council commanded back into Ireland having first entered into Bond to make their appearance in Dublin before the Lord Lieutenant and Council within so many days after the date thereof which we did accordingly the last day of April or very neer it Ever since which time till our second return into England this Informant and the other Witness were delaid and kept there in such a condition that we could not be discharg'd of our attendance nor be made use of as we desired Neither could this Informant be allowed one Penny toward his charges and expences though this Informant had been forced to keep several of his Witnesses for several Weeks at his own costs It being the Design of the Conspirators to hinder this Informant from all necessary supply and encouragement hoping that at length he might be laid in Jail for Debt or that they might lay some train to accuse him of something that might amount to the taking away his life or keeping him in perpetual imprisonment which is the more likely for that those devices not prevailing they thought to have done their business by Assassination For this Informant further saith that one day as he was coming out of the Four Courts of Dublin one John Powre the Earl of Tyrone's Cousin German and a Papist being also one that had been an Officer in France together with no less then Thirty more fell upon this Informant without the least provocation given by him this Informant or so much as speaking to them one word but only at the Instigation of the said John Powre who cry'd to the rest There goes that Rogue Bourk Upon which as upon a signal given they all or as many as could come at him lay'd at this Informant with all the fury imaginable so that he was not only wounded and bruised in several places of his Head but in most parts of his Body And though this Informant cry'd often out for help yet not one Person would stir to his Assistance only a young man that was with this Informant kept off as many blows as he could in so much that this Informant expected no other then Death till at last espying a door open he made a shift as weak as he was to retreat backward into an Entry where he drew his Sword and kept them off till he got into the House after which they had like to have murthered the young man before mentioned in revenge Yet all the remedy this Informant had was to complain to Sir Robert Booth Lord Chief Justice of the Kings Bench who issued forth his Warrant for the apprehending so many as we could tell the names of Three were taken the foresaid John Powre Richard Mansfield and John Barry all Papists the rest runing away and not being to be found who were bound to answer the Fact the next ensuing Term at the Court of Kings Bench and in the mean time to be of the good Behaviour And this Informant further saith that having after a tedious and chargeable cure at length recovered himself being unwilling to expose himself any more to the malice of such kind of Persons he Petition'd the Lord Lieutenant for a Pass to come for England which his Grace was pleas'd to refuse saying That the Informant had gone into England already without his Pass and therefore he might go or stay as he pleas'd but for his part he would give him none So that this Informant was forced to come for England without it for the preservation of his life not daring to stay any longer in Ireland FINIS
Gallaway and in a short time returned again very Brisk and Gay well Hors'd and Armed with their Cases of Pistols themselves their men and their followers These two Gallants are both Papists the one of them John Power that kill'd as they say the Lord Moone and fled into Ireland and the other a Souldier of Fortune that had left the French service in discontent Both Persons of no Estates nor any other concerns in any of the Counties aforesaid as the Informant has reason to believe but only to ride about upon Messages from the Earl of Tyrone in reference to the Plot. The Informant further saith That he hath seen and observed the Intelligencers that were sent by the Earl of Tyrone to the several Counties viz. Pierce Power alias Pierce and Grenane to the Counties of Clare and Gallaway and William Fench into another part of the said County of Clare whose answers to any that questioned them were that their business was to order and settle the Earl of Angleseys chief Rents having had but very little or nothing to do formerly in either of those two Counties Lawrence Sullivane was employed to the County of Kerry and William Butler employed by his Brother Major John Butler or the Earl of Tyrone into the County of Wexford All these Messengers were constantly employed upon Messages in the Months of May June July August September and October 1678. In which Month of October the Informant was also sent for to joyn in the said Plot by the Earl of Tyrone in reference whereunto I shall here give a Relation of what passed between his Lordship and this Informant as follows The Informant being at a place in the County of Waterford called Kill Mr. Thomas in company of one Richard Power Gent. on the last day of October 1678. which was of a Fryday and being then at Breakfast one Thomas Samson Gent. and Steward to the Earl of Tyrone came into our Company who after Breakfast was over spoke to the Informant in these words Mr. Bourk my Lord and Master desired me to pray you to come to him to Coroughmore this night or to morrow following telling me he had some earnest business to speak with you about but what it is I know not The Informant told the said Mr. Samson that he the Informant had been at that House in Kill Mr. Thomas at a Sheriffs Court all the day before and that his Horse was either strayed or stoln and farther told the said Samson that if the Informant thought that his Lordships sending for him was of any consequence or haste he the Informant would hire a Horse to wait upon his Lordship that night The said Samson answered He did not know what the matter was but that was the Message which his Lord bid him deliver Mr. Samson was but then newly come to my Lords Service so that he having summoned a Court-Baron at Kill Mr. Thomas aforesaid that day where the Informant was to appear as Attorney for the Earl of Tyrone in a Cause depending in that Court betwixt the said Earl and some of his Neighbours and Tenants concerning certain Trespasses it behoved this Informant to stay till the Court was discharged But that being done this Informant hired a Horse and went with the said Samson to my Lords House So soon as this Informant arrived there this Informant was given to understand that his Lordship was at Supper with Strangers but returned his thanks to the Informant for travelling so far in a dark night to visit his Lordship and withall to desire this Informant to come to his Lordship the next Morning Which accordingly this Informant did being the first day of November 1678. This Informant attending his Lordship upon the Morning already mentioned his Lordship bad the Informant welcome after which his Lordship asked this Informant What News This Informant answered he presumed his Lordship had the best Correspondency of any on that side the Country and that for the Informant's part he had none worth his Lordships hearing His Lordship then told the Informant that he had received Intelligence out of France wherein he understood that the French were very powerful and that Parlez vous Francois should be plentifully heard here meaning in Ireland e're long This Informant asking his Lordship what great Exploits the French King hath done Done says he he hath done wonders and we may without doubt call him the Defender of the Faith for he best deserves it and I am sure the Hand of God is with him This Informant told his Lordship that a man would be apter to think that if the French were intended that way he would rather venture upon England first than come into Ireland His Lordship answered he had received a Letter from one Robert Power who studied the Law at one of the Ihns of Court in London which declared that the French had a great stroke in England already and then said his Lordship to this Informant before you are half a year older the French will subdue England and Ireland and little harm thereby For they in England have no Faith in them for they no sooner grant a thing but they recall it again just as they have dealt with me about the Lands of Deaâ—e But said he before the◠〈◊〉 〈◊〉 by Goge I will lose the best Blood in my Body The Informant was astonished to see in what temper his Lordship was yet told his Lordship That if the French should come there they would kill all as that were the poor Subjects His Lordship answered As for that said he I have made my Conditions for this side of the Countrey and if you will but joyn with me I will put you in a quick way to get an Estate The Informant told his Lordship That he wanted it but could not tell how to come at it Then his Lordship drew out of his Pocket a great quantity of Papers rolled up and desired the Informant to subscribe his Name in one of those Papers wherein upon a sudden glance the Informant could read the Names of Paul Strange Richard and John Power and as this Informant verily believes there were the Names of above a hundred Subscribers in all This Informant desired his Lordship to excuse him for the present alledging That he was not fit to be employed in Matters of such high concernment and the Informant said further That he never heard of any of his Name that had ever proved Traytors to their Kings and that he this Informant would not be the first With that his Lordship called this Informant Coward and drew his Sword almost out of his Scabbard to kill the Informant But as God would have it his Lordship espied a Gentleman coming towards him who was Sir John Ponsopy's Son Upon which his Lordship went to salute him and left me However after he had walked with him into his House his Lordship went himself to the Bridge of Corroghmore before the Informants face and called forth one William Power a
in order to an agreement betwixt the said Earl and this Informant All which things this Informant imparted to Mr. Ivie then living in the same Town with Macnamara Mr. Ivie desired the Informant to be very wary for fear they should entrap him Upon which this Informant told Mr. Ivie he would go and see what they would be at In order to which resolution Mr. Macnamara and this Informant went and met Major Butler and Mr. Ronane about four Miles from M. Macnamara's House at a publick Ale House Where discoursing the matter together the said Major Butler desired this Informant to desist from troubling of the Earl any more upon which consideration the said Earl would give this Informant a good Farm and Stock and he should have his Lordships favour more then ever he had shewed him before He desired this Informant also to nominate any sum of money that this Informant pleased so that he did not exceed a thousand pound and he the said Butler would be bound for the payment of it on condition that this Informant should say that Squire Villiers Captain Nichols Mr. May Mr. Bradley Mr. Peter Anthony were his Promoters and Abettors in this Discovery and Design against the said Earl To which the Informant answered that neither of the Parties mentioned ever spoke a word to him in their Lives or if they had he would not have been prompted to do any unjust Action by any of them all And this Informant told the said Butler that he never charg'd the said Earl with any thing but what his Lordship was pleased to tell and shew him himself Thus after they had kept the Informant a whole day to entice him with proffers of that kind and seeing they could not prevail Major Butler sent Mr. Ronan home to the Earl of Tyrone and Major Butler himself returned along with the Informant and Macnamara back to Macnamara's house where the said Butler and the Informant lay together that night The next day this Informant acquainted Mr. Ivie with all the Discourse at the aforesaid Meeting and with the proffers made to this Informant and then again this Informant was resolved to go for England but Mr. Ivie told him it was not safe to go before he had the Lord Lieutenants pass which put this Informant to another stand in regard he did not know what to do for want of a conveniency to apply himself to the Lord Lieutenant and being also afraid to go alone In these perplexities this Informant then went to Waterford where he met with one of the Earl of Tyrones Servants by name John Whelane who told him that it was well for him that he was so wise as to run away from the Assizes for if he had stayed the Judges were resolved at least to have cropped this Informants Ears and further Mr. Wilkinson the Innkeeper aforenamed told the Informant that the Judges were resolved to have taken him along the Circuit with them and to have got some body to have sworn something against him that might have amounted to the taking away his Life The Informant then wrote a Letter to the Earl of Orrery which the aforesaid Mr. Ivie promised to deliver to the said Earl the said Ivie having some occasions of his own into those parts which Letter the said Ivie read before it was sealed the Contents of which Letter were to pray the Earl of Orrery to send for and examine the aforesaid Sampson who was then at Youghall near the said Earls house and to write to the Lord Lieutenant with a Request to his Grace to send for the said Sampson Mr. Ivie and the Informant But Mr. Ivie was so very busie in getting in his Harvest that he could not go so soon as he intended to the Earl of Orrery and so that Letter took no effect In the mean time the Earl of Tyrone finding he could not by Bribes or otherwise prevail with the Informant to desist his Prosecution he then Petitioned the Lord Lieutenant against the Informant and thereupon a Messenger was sent to the Earl of Tyrones house first which said Messenger told the said Earl that he was ordered to take his directions from his Lordship for the securing of this Informant and that so soon as he should be taken he was to be brought to the said Earl first Whereupon the said Earl to conceal his knowledg where the Informant was as though he were ignorant of the same sent several of his Servants to search for him though they all knew very well where this Informant was having often sent tome before At length after a long pretended search coming into the aforenamed Macnamara's house whither I was then return'd from Waterford about Tenn or eleven a Clock at night the said Earls Servants apprehended this Informant first and bound him with Cords In which condition the Informant seeing the Messenger asked him whether he had any Warrant so to do who said that he was but a Spectator only and that the Earl of Tyrones people were the Officers and Withal the said Messenger bad the Informant to take his last leave and farewell of his Friends Then they hurried this Informant away from Mr. Macnamara's house four miles that night the next morning they conveigh'd him out of the direct way to Waterford to put the Informant to greater pains and trouble and brought him in at the West-Gate of the said City of Waterford and so all along the Street bound as he was until they came to the Cross which is about the middle of the City where they alighted carried this Informant into one Mr. Guddriges an Inkeepers house In which place they kept the Information the condition aforesaid until they had gathered all the Earl of Tyrones Friends that were in that City and all the Officers of the same to see how they had hamper'd this Informant and then when they had satissted the scorn and contempt of the Spectators they procured a lame little Galloway without Shoos for this Informant to ride upon and then tying this Informants Legs under the said Galloways Be 〈◊〉 with his hands tyed behind him they carried 〈◊〉 through the Town to be seen in dirision where he had not been seen before and so having shew'd this Informant from one end of the Town to the other for a second pastime to the Multitude they then carried him a way to the Earl of Tyrone's house so bound as before where the Earl had gathered together all his Friends and Neighbours to see the Informant in that condition Among the rest the said Earls Mistress by name Mrs. Mortimeer gave to the Messenger nine Cobs sterling that she also might have a sight of this Informant in his ignominious entertainment and at the mercy of his Enemy then the Judg of his own Cause and in his own house After they had kept this Informant at the Earl of Tyrones after the manner aforesaid to make sport for the space of two hours then they carried him on the way