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 Councel and the Lord Chief Justice Keatings 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 Queens County in Ireland and the Barbarous Execution of some of them Collected by a Person that was present and took the same in Writing Licensed July 17 1689. J Fraser LONDON Printed for Robert Clavel at the Peacock in St. Paul's Church-yard 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 Country-house 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 Cloath 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 seeme 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 Collonel 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 Collonel 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 Bayl 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. Bathe 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 Jâ—nes 53 Tho. Howard 54 Charles Fryers 55 Andrew Wills. 56 Mich. Wills. 57 Samuel Allen. 58 Tristrum 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 Edwards 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 Hughs 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 Adams 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
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
run and you are obliged after to Return a fewer Number when you enlarge your Pannel 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 my self I am Judge for the King too as well as Council for the Prisoners and I am concern'd for the King. J. Keating Turning towards him And do you think I am not concern'd as well as you Lynch Yes my Lord I speak for you as well as my self 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 Tryal 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 Challeng'd 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 c. which he did until he ended the Third Pannel Sub-Sheriff calls Will. Baker My Lord he has a Free-hold Baker My Lord I have no Free-hold 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 Free-holder 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 Free-holders You shall be Fined for it High Sheriff My Lord I have Return'd all the Free-holders 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 Coun. 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 Tryal 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 Free-holders 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 Gods sake Mr. Hamond do not put us on making Law. Lynch Mr. Hamond when did you hear that ever a Matter Capital was tryed 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 Tryed in a Foreign County I tell you it cannot be Tryed 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 Tryed 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 Tryed 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 c. J. Keating I would undeceive you in that particular As in the Case of Austen and Collonel Garret Moor. If in the County of Gallaway it was Austens if in the Kings County it was Colonel Moors So that you see in disputable Cases the Law has regard that it be Tryed by Juries in proper Counties And truly I think it one of the most reasonable Laws in the world that a man shall be Tryed 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 Mans 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 Tryed 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 President 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 Bayl for Captain Ruth at Kilkenny
are found by a Jury 〈◊〉 Twelve able men of your Countrey 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 your selves with the hopes of a Reprieve or Pardon and for you Poore you have shortned 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 killing and the powdring 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 Book-seller in London viz. I James Byrne Ensign to Capt. Charles Byrne do hereby certifie to you Terlagh Kelly Patrick Byrne and Patrick Mac-Teige and William Doyle to save you harmless for any Misdemeanors 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 c. 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 Vs with the Government of this his Kingdom so upon the Invading of England and upon receiving certain Information that the Prince of Orange doth intend 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 our selves 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 Burthen 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 Souldiers 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 proceedings 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 chearfully Contribute towards the carrying on of so Great so Necessary and so Glorious a Work. We expect your Diligent Care herin and so We bid you heartily Farewel 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 entred into their Book and presented to Sir Henry Lynch setting forth the extream Poverty of their County occasioned by the daily Ruin of the English c. 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 c. 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 Order'd 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 my self 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 my self I lookt upon to be so much below a Man that I chose rather to List my self a private Centinel whereby I proposed to be in the Road if my Friends missed to hew out some Preferment in the mean time As to my private Condition since it