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A45860 The indictment and arraignment of John Price Esquire, late receiver-general in Ireland with a hundred and one other Protestants, at Wicklow, before John Keating Esq, Chief Justice of the Common pleas a Protestant, and Henry Lynch Knight Baron of the Exchequer, a Papist : collected by a Person that was present and took the same in writing. Person that was present. 1689 (1689) Wing I151; ESTC R5774 26,265 38

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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 J●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
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