Selected quad for the lemma: justice_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
justice_n chief_a lord_n plea_n 5,523 5 9.8646 5 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B27667 The London-master, or, The Jew detected containing I. A true discovery by what tricks and devices the ship Laurel, of London ... was cast away ... in the river of Killmare in Ireland, II. The evil motives of lucre that instigated them to that wickedness, III. Their bloody designs to have sixteen innocent persons question'd for their lives ..., IV. A brief apology to the clergy, the army, and the London- masters, V. An appendix to prove every allegation, directed by the margent. Orpen, Richard, 1652-1716. 1694 (1694) Wing O467 79,021 141

There are 4 snippets containing the selected quad. | View lemmatised text

upon in vehemency and wrath he insinuated to the Master and Passengers That himself vvas high Sh. of the County a Justice of peace of the County Lieut. of the County vvho could command the Army as vvell as the Militia of the County and vvhat was it that he could not do in the County And withall told them soberly that they were under some censures for casting away their Ship and destroying the Cargo and that he and only he could set them right with their Owners in England and with the Government in Ireland And then turn'd to some old Law-Book directing as he pretended that all Wrecks ought to be deposited with the Sheriff The valiant Cap. Gregory who had made them understand by the daily Out-rages of himself and appendix page 40 his Men that he govern'd indeed with no less Arbitrariness than the high Sh. and as Despotical appendix page 41 as he for his Life entertain'd them with his Military Rhetorick hovv absolute he vvas in all matters of Government and Command Yet that himself and the high Sh. vvere but as one Man vvho being a person vvell practic'd in Controversies could either raise or depress them as he pleased and advised them to quit all others and stick to the Sh. One Horse Nabs another and People of a sort soon agree The high Sh. the Cap. the Master Jacob Myars and Peter Row sprung presently as a sworn Covey and Mr. Orpen was no more to be consulted with but look'd upon as a Person qualified to ruine their Councils and Designs From hence forth Cap. Gregory the high Sh. and Mr Bl. being well sweetned with some of the best Sugars became Patrons to the Master and these Passengers by the frequent incursions of the first That part of the Country about Killmare was harass'd as though it had been the Enemyes Quarters for he had always a ravenous pack at his heels who prey'd upon the Country day and night without paying for the Provisions which they exacted from the poor People in their continual marches under the notion of searching for the Ships Goods Tumbling and tossing all their little housholdry and janting it in that manner from house to house they beat and wounded the Men Ravish'd Women and Maids and set Houses afire But when they had Forced the People to give them all their mony they put out the fire again These doings past under the notion of serving the Owners who have also paid dearly for their Services and had they thought fit to have consulted Mr. Orpen he had made appear the many havocks which were commited by the Master Passengers the high Sh. Cap. Gregory and Mr Bl. and they should find at what rate the Master and Passengers have bought the patronages of those three Gentlemen which began more openly upon the 12 of February and on the 13th the Sh. fram'd an advantageous Narrative by his Letter to the Government in the behalf of his Sweet Clyents and becomes Merchant for great part of the Goods and waited at Killmare for an order in answer to his Letter to Seiz both Ship and Goods into his own possession and so by his power of Shrievalty Replevins c. to wrest from Mr. Orpen and the rest of the English of those parts what was due to them for Salvage and by his merit of that kind to win the Owners favour into some great Presents for his good services whom the Master and Passengers in the mean time visited by their Letters Setting forth the worthyness of the Sh. as the only persen fit to be trusted in the whole concerns of the Ship and Goods and how highly he had appeared against Mr. Orpen and the rest of their Enemies But Mr. Orpen and the English Petitioned to the Government against the proceedings of the Sh. who waited big with expectation of a power to seize c. But no such thing appearing nor finding the success he wisht for and that his Letter was not so taking as expected Mr. Myars hastens away to Dublin well trained to every particular requisite to back the Letter of the 13th who arrived there about the 5th of March and on the 6th made his examination ready and on the 7th was examined before the honble Sr. Henry Ecclin one of the Barrons of the Exchequer which Examination scream'd so loudly against the behavior of Mr. Orpen and the English that the Government conceiving it necessary to take cognizance thereof sent to the Right Honourable Sir Rich. Pyne Lord Chief Justice of their Majesties Court of Common Pleas then upon the Munster Circuit to inquire into the whole matter and to report the same and Colonel Denny and Col. Hasset two of the Deputy-Governours and Justices of the peace for the County of Kerry were required to have Mr. Orpen and Mr. Crump apprehended and thereupon they issued their Warrant to the H. Sh. to that purpose who was overjoyed to see the growth of his labour and wit arrive to that perfection and put the Warrant in execution after a strange manner Not by himself or any of his under-Officers but employ'd Serjeant Fullerton brother in law to Capt. Gregory who with ten Musquetteers came to Mr. Orpens house and took him prisoner without letting him know upon what account other then that their Capt. had commanded them to do it He askt them was it by warrant or by order The Serjeant told him that he had a warrant But would not be prevailed upon to shew it or to give the least hint of the purport thereof But at length he said that it was for Harbouring of Toryes and gave out to the neighbourhood inter alia that 't was for supplying the Torys with ten quarts of Powder Notwithstanding that Mr. Orpen seemed unconcerned at these proceedings Yet the new English Collony which he brought into that Country began to repine at their misfortune and wisht that they had never come out of England And finding him thus troubled on account of appendix page 33 Toryes whom they knew to be one of the greatest suppressors of Malefactors throwout the appendix page 34 Province and well assured in their consciences that appendix page 39 he was no way guilty of such a crime they concluded that the Sh. Ca. Gregory and Mr. Bl. would soon have them all accused and prosecuted upon the like account and thereupon resolved to be gone bag and baggage as fast as they could out of their reach The Serjeant and party took away Mr. Orp. out of his house in great hurry not affording him time to put on his cloaths to the great glory of the high Sh. to see his prisoner carry'd thro' the Towns with ten Musquetteers a very unpracticable way of executing the warrant of the Civil Magistrates But Mr. Orpen is now Prisoner at Tralee and by the 23th of March was Examined and Bail'd to appear the 26th being the day that my Lord Chief Justice had appointed for the Tryal which was bu● very short time to provide
himself and his wittnesses being at that time of the year accounted four days Journey from thence home to Glannerought and back to Tralee again However he was there on the 26th with several Witnesses But his Enemies having informed ●hemselves who they were made interest to have ●hem all accused for Felony and thereupon procured appendix page 32 a Warrant from the L. C. J. and had them apprehended for this pretended Felony to put them off with Fear and Expence from giving their Testimonies Upon the 27th in the morning a Bill of Indictment against Orpen and Crump was found by the Grand Jury for taking two Hogsheads of Sugar and eight Hogsheads of Lime-Juyce of the proper Goods of Peter Row out of the Ship Laurel In the afternoon they were call'd but for want of Witnesses to prove the Accusative Allegations 't was put off till next morning and the Tryal could not yet be brought on for want-of such Witnesses Whereupon Mr. Orpen told the Court That he confess'd to have saved such Goods and that he would prove the Master's Orders for it and prayed to have the Tryal go on not thinking what kind of Preparations were made against him The Couragious Major Steers who was principal Engine to inform against him in Dublin and a chief Cock-Feather in the Jews Cap was call'd to be Foreman of the Jury Theophilus Morris who was not of the County but Agent for the Owners and Merchants was the next call'd both which were excepted against by appendix page 43 Mr. Orpen and some were call'd and answer'd appendix page 35 but for private Reasons were struck out by the Sh. without any Exception of either side But a Jury being Empanell'd and Sworn The Master Samuel Aldwel and Bryan Kelly were sworn on behalf of the Prosecutors The Master made in terms a long Harrangue of his Course and Departure in his vvhole Sailing until his Arrival in Kilmare and how he vvas forced in by distress appendix page 31 of Weather how his Ship had lost all her Sails hovv he lost his Sheet-Anchor-Stock how he forsook her on the 28th of January in the morning appendix page 25 after cutting his Cable hovv he vvent on board her again and bor'd holes in her to set her fast from beating and how he carry'd eleven barrels of Indigo ashore when he forsook her out right on the 30th of January But deny'd that ever he desired Mr. Orpen to save any thing belonging to her and that he went into her without his consent and turned out those whom the Master had employ'd Vizt O Sulivan More Capt. Carthy Mr. Aldwell and Mr. Clarke Mr. Aldwell swore That himself went not on board till after she was brought safe to the Creek And that Mr. Orpen did not turn appendix page 26 him out but employ'd him to help to save the goods That he never pretended any power appendix page 32 from the Master That Mr. Orpen shewd them a Broad Seal but 't was to encourage the men to their Arms against the Rapparees And that had not Mr. Orpen taken the matter upon him the Ship and Cargo had been destroy'd as appears by his Affidavit Bryen Kelly Swore that he was present when the Master desired Mr Orpen to go on board and save what he could who thereupon employ'd him and others But sent him to the Master for appendix page 7 a note under his hand which the Master gave appendix page 8 That none of the persons which the Master pretended to have been employ'd by himself came appendix page 9 unto her until others employ'd by Mr. Orpen had brought her safe to the Creek as appears by his Affidavit There were Sworne on the behalf of the Traversers Joseph Taylor Charles Mansfield and Tymothy Murphey Joseph Taylor Swore that the Master shew'd a full resolution against saving the Ship That he exprest several frivolous pretences appendix page 24 against lightening her That he refused to appendix page 25 accept of a stock for his Sheet Anchor That she fleeted but no care was taken by the Master to save her pro ut his affidavit Charles Mansfield Swore That the Master had no mind to save the Ship And that he was with him the day he left her being the 30th of January when he desired Mr. Orpen to go and save what he could and that Mr. Orpen did Accordingly employ several persons who saved her appendix page 3 and what they could of the Goods that the appendix page 4 Master came not near her again until the 3d day and then he ordered another hole to be made in the Ship but would not be perswaded by Mr. Orpen to stay and bring his men to help to save the Goods but promised him Salvage Vide his Affidavit Timothy Murphy swore That he was present on the 30th of January when the Master desired appendix page 43 Mr. Orpen to go and save what he could appendix page 35 that himself was one of the Persons employ'd by Mr. Orpen to go on board who went accordingly and loosed the fore-top-sail and placed a Man at the Helm and so brought her safe to the Creek that the Persons which the Master pretends were employ'd by himself went not on board until the next morning and had not Mr. Orpen defended her from the Rabble they had torn her to pieces That the Seamen broke open the Hatches and made havock of the Indigo and of the best of the Goods There were 14 Witnesses more on the Traversers behalves but Bryen Kelly being snubb'd in Court by the high Sh. for giving any Evidence in favour of the Traversers and the rest of Mr. Orpen's Witnesses being frighted by the Warrant for the pretended Felony they held their Tongues for fear that Mr. Bl. whom they suspected had contrived to have them thus falsly accused should with no less just prosecution prevail to have them Arraigned and Tryed for their Lives fore-thinking that whoever had gone so far into such a Ford would leave nothing unattempted to wade quite thorow to the utter Ruine if not of their Persons at least of their Purses By thus much you may plainly perceive how far the Presents made by the Master had prevailed And though the Lord chief Justice gave him such a scope of delivering himself as might satisfie the World that all Gates were open for Strangers to come before his Lordship for Justice yet the whole Court took notice how he fetter'd himself in his own Discourse For being ask'd by his Lordship why he refused the Assistance of a great appendix page 30 many English and their boats and would not suffer them to bring off his Ship He answered That 't was a most dismal stormy night and so dark that a man could not see his hand Whereupon Mr Orpen cry'd out for an Almanack and proved it to be full Moon and the Witnesses proved it a appendix page 30 most Glorious calm Night and that the Ship fleeted every Tyde and against his alledging that
they would stay on Board with him and get off his Ship whereupon the Master turn'd this Deponent and the rest out of the Ship and saith that next day being the 30th of January aforesaid about Noon the Master called to all the People on Board and bid them save what they could and carry away in their Boats every man for himself whereupon Nine Barrels of Indigo were put into two Boats and the Master then desired this Deponent to save Two Barrels to bear his Charges out of the Countrey and all the rest for themselves and presently the Master and all the People then on Board went off and deserted the Ship and saith that as soon as they came ashore the Master mett with Mr. Richard Orpen and told him he left the Ship in a bad condition and desired Mr. Orpen to get all the hands he could to go on board to Save her and desired him the said Orpen again to make haste on board with all the hands he could whereupon the said Orpen sent Several men on board the Ship and next morning Mr. Orpen went himself on board And faith that when Mr. Orpen went on board that several of the Rabble and Rapparees were Crouded into the Ship and that Mr. Orpen commanded his own men to their arms and expell'd the Rabble and Rapparees and proceeded forthwith to discharge the Cargo and this Deponent saith that the Master when he deserted the Ship declared that there was five foot of water in her And that all the goods would be lost the next Tyde And saith that the master while this deponent was on board did always renounce and deny all help whatever to Save the Ship and often times wisht that she would Split And saith that when others would have Saved her and often offer'd to Save her that the master told them they should hold their Tongues and he would be their friend And further saith that the Master did not return to the Ship again until the third day after he had deserted her and saith that when the Master came then on board that Mr. Orpen desired that he and his Ships Company would come and help save what they could but the Master did not give any manner of Assistance neither did he set any of his Men about the same and saith that the said Orpen told the Master that there was much water in the ●hip they both lookt at the water in the Hold and the water was then within a foot and half of the Beam and saith that the Master did thereupon order that a hole should be made to let out the water which was accordingly done and Mr. Orpen desired the Master again to stay on board and take Account of things and see the hole stopt again but the Master neglected every thing and this Deponent further saith that when the Master and all the people d●serted the Ship on the 30th of January last that one Serjeant Fullertone then on board told the Master that he ths said Serjeant had no mind to desert the Ship and did often beg the Captain not to desert the Ship and told him the Master that while he would stay he the said Fullertone would not go out of her but the Master would not be perswaded to keep on board upon any perswasions whatsoever and saith That if the said Orpen had not been extraordinary Active in preserving the Ship and Goods they had in all probability been destroy'd by the Rabble and Rapparees and saith That the Master did often approve of the said Orpens diligence and did frequently in this Deponents hearing declare that Mr. Orpen deserved to have a reasonable Salvage and that he would write to his Owners for an Order from them to give the said Orpen what two indifferent persons would award unto him the said Orpen Charles Mansfeild Jurat Coram me 29 Mar. 94 Ri. Pyne And the same Deponent came this day before me and made Oath That at the Tryal of the Indictment against Mr. Orpen on the 28th of March last at the Commission of Oyer and Terminer he this Deponent Swore in Court to the same effect of the foregoing Affidavit Sworn before my Lord Chief Justice Pyne on the 29th March aforesaid Cha. Mansfeild Jurat coram me 30 Die April 1694. J. Blenerhasset BRyen Kelly of Gurtamullen in the County of Kerry Gent came before me this day and made Oath That on the 28th of January last the Ship Laurel of London Christopher Lyell Master drove up the River of Killmare close along before the Black-Water which being a very good Harbour the Master some Passengers and the Ships Company came ashore there in their Long-Boat and brought great quantities of Gold and Silver with them in Bags and as soon they came ashore they sunk the Boat and this Deponent verily believes that some contrivance was used in the Rudder to cause the Ship to stand up the River otherwise that she had in all likelihood put into that Harbour right afore the Wind which was then at S. W. and the said Harbour lying N. E. out of the River and saith that the Ship drove up about two Miles from Black-Water to Cappanacossy upon a fine easie Strand about seven a Clock in the Morning and in the mean time the Master Passengers and Ships Company walkt up by land to Dermot Mac Owens House at Cappanacossy almost as soon as the Ship where they beh●ld the Ship driving to and fro with the Flood and Ebb from Morning till Night without any Soul on Board her save that some of the Seamen and one John Kelly went on board her to fetch out some good Liquor as also the Masters best Cloaths and Sword wherewith they return'd on shore again without dropping an Anchor or taking any other care of the Ship and with the Master and altogether made themselves merry ashore with Rum and Sugar all that day while the Ship continued driving to and fro before their Faces and saith That the Master Passengers and Ships Company were often desired to go on board their Ship and take care of her but still they reply'd God Dam her for a Bitch they would never put foot into her while they breathed with many other Expressions to the same effect and saith that the Master Passengers and Company did divide this great store of Gold and Silver among themselves to every one a proportion or share thereof and particularly the Mate of the Ship drew out a small Handkerchief full of Gold Rings and distributed the same likewise among them and saith That the Master Ordered his own share of the Treasure to be put into a Window near himself saying to the rest of the passengers and company that each had his share given to him and let every one look to his share as for himself the master he would not take care of any more than his own share which lay there near him in the Window And saith that had not Mr. Palmer come in the evening and put
a safe Harbour and this Deponent with several boats well mann'd being a calm Moon-shine Night with the rest of the people belonging to the boats went on board and saith that as soon as the Master understood that they came to bring off his Ship he the Master immediately turn'd them all ashore in great Wrath and would not upon any Account permit them to stay to bring off his Ship and next Morning this Deponent came on board again with several English Men the Wind then at South East and the Deponent told the Master that they would bring off his Ship but the Master would not be perswaded to consent to it but often wisht that she would split in a thousand pieces and saith that by and by there came one to the Ship with News that Mr. Palmers House was Burnt and Robb'd and then the Master seemed less careful of the Ship than before and saith that about 12 a Clock that day being the 30th of Jan. aforesaid the Master bid every body to save what they could for themselves and saith that after he had delivered to the said people on board 9 Barrels of Indigo he the Master desired them ●o help out two Casks of Indigo for himself to bear his Charges out of the Country and bid them take all the rest of what they could save to themselves The two Barrels of Indigo being hoisted over the side into the Boat the Master commanded every one to be gone out of the Ship saying that all would be lost that Tyde and the Ship would split forthwith whereupon every body left the Ship and came ashore at Killowen and saith that afterwards this Deponent and the rest of the people belonging to the said boats were contented with some small part of the 9 Barrels of Indigo which the Master was pleased to bestow upon them and this Deponent saith that he was present at the Tryal of Mr. Orpen on the 28th of March last upon an Indictment concerning the said Ship where Mr. Orpen made appear that the Master had more mind to destroy than to save the said Ship and the Master being askt by my Lord Chief Justice Pyne why he turn'd the people ashore that came to bring her away to a good Harbour and why he did not suffer her to be brought off the Master Answer'd that 't was a most dismal Night and so Dark that a Man could not see his Hand whereupon Mr. Orpen call'd for an Almanck and thereby prov'd it to be near full Moon and by Witnesses that 't was a Calm glorious Night and the Master did also give a further Account that there was but two Tyers of Sugar in the Ship at first and that the lower of those Tyers was destroy'd by the Ships Leakiness before she came to Cappanacossy but Mr. Orpen alleadging that when he Tryed the Pump the Water stunk which denotes a Tyght Ship The Master replyed that the Sugar made it stink William Sanford Jurat coram me un Justiciar Comitat. K●rry 28 Die April 1694. J. Blenerhassett January the 28th 1694. SIR THis is ta acquaint you That by Distress of Weather I was drove into this place where I am altogether a Stranger and want the Assistance of some good Gentleman desiring the favour of you not doubting your Assistance to one in a Strange Country and in such Distress and not having a Sail left and our Ship Stranded ashore is what Serves from your Servant to Command Christo Lyell From Mr. Sulivan at Cappanacossy pray send by the bearer two or three Lines To the Reverend Mr. Thomas Palmer January the 30th 1693. I do hereby Certifie to all whom it may concern That I have Impowered and Authorised Richard Clark Samuel Aldwell Bryen Kelly Charles Carthy Dermot Sulivan and Dermot Sulivan Junior to go on Board she Ship Laurell to possess and make use of all what they can find there as also the Ship and Rigings thereunto belonging and do Promise and Oblige my self to give the said Parties the one Moity of the said Ship and Goods as Salvage Given under my hand Christo Lyell Witness Enoch Hoare WHereas Christopher Lyell Master of the Ship Laurell has lately given us a Paper under his hand to go on board the said Ship as she was in distresse in the River of Killmare for which we were to have half of what could be Saved of the said Ship and Goods on board her According to the Tenor of the said Paper We do for the Manifestation of Justice and Truth hereby aver and declare to have been no otherwise concern'd therein then as friends of Mr. Richard Orpen and Employd by him upon that service to whom we attribute the true Right of Salvage of what was saved of the said Ship and Goods Witness our hands this 23d day of February 1693 Ri Clark Dermot Sulivan Dermot Sulivan Cha. Mac Carthy Sa. Aldwel Bryen O Kelly By the Right Honourable Sir Richard Pyne Knight Lord Chief Justice of their Majesties Court of Common Pleas and one of their Majesties most Honourable Privy Council of Ireland WHereas I have received Informations of Fellony against Williaw Sanford Charles Mansfield Teige Donoghue Daniel Tartaine Cnoghor Turtaint Charles Arthur Chomly Parker Tho. Gill Junior Robret Payne Owen mac Daniel Peter Hamston John Bush Teige Mac Cavn John Reagh These are therefore in their Majesties name strictly to Charge and Command you and Every of you upon sight hereof to make Diligent search for all and Every of the said persons and them to apprehend bring before me to answer to all such matters and things as on their Majesties behalf shall be objected against them And for your sodoing this shall be your Sufficient Warrant Given under my hand and Seal this 23d of March 1693 Ri. Pyen To the High Sherif of the County of Kerry and all High and Petty Constables within the same County 2d April 1694 J Captain Charles Carthy do hereby declare and aver ' That Edward Herbert High Sheriff of Kerry did about the first of March last desire one Mr. Bryen Kelly and my self to go to Mr. Richard Orpen and to advise him the said Orpen to give him the said Sheriff Twenty Guinnyes And that he the said Sheriff would compose all differences between Mr. Orpen and Christopher Lyell the Master of the Laurell and would be above threescore Guinnyes in Mr. Orpens way and would Settle matters with Mr. Lyell to Mr. Orpens content And the Sherif did further promise Mr. Kelly and my self That we should have share of what he could get from Mr. Orpen And that the said Mr. Kelly and my self did Accordingly speak to Mr. Orpen whose answer was That if the Sheriff would do him any Service he would deal with him like a Gentleman all which I will Justifie upon Oath if need be Cha. mac Carthy LUke Parker of Glannerought in the County of Kerry G●nt came before us this day and made Oath that he was one of the English which were