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
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
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
after his Arraignment Bar. Lynch What Sir do you reflect on me There was no Evidence appeared and my Brother bayled him as well as I. Suxborough I say he was Bayled Hancock My Lord Mr. Cooper at Galaway was Bayled by your Lordship likewise C. J. Kenting sent privately to Dublin to the Deputy acquainting him that if they were left in prison untill the next Assizes they would certainly perish they having lost all they had and the County was not able to maintain them upon which he received Orders to Bayl all but Seven of the Principal viz. John Price Esq Tho King. Richard Westland William Lewis James Bacon Joseph Crichley George Crichley Who are kept close Prisoners in order to their Tryal the next Assizes which will be in this Month of July Upon the taking these Gentlemen Prisoners the Souldiers and Rabble plundred and spoyled all the English Families in Balinderry Redrum Balina-Clash c. and the Irish Women with their Skeanes came afterwards and stript the Women and Children Naked leaving them in a most miserable and deplorable condition having not left them either Bread or any Food in several Towns but carried all away with them And as an Irish man a Tanner declared to several at the Assizes in the hearing of this Relator That one Captain Toole had for his share Twenty six Horse Loads or more of Plunder and the Lord of Lowths Troop of Dragoons that were quartered in Wicklow Town had great quantities of Woollen and Linen Cloath Womens Cloaths Pewter and other Goods in abundance But the L. C. J. Keating coming there to the Assizes and having an account of the extream poverty and misery the Protestants thereabouts were reduced to did encourage their Petitioning and where they could find their Cloaths c. he endeavoured to help them in the recovery of them And Mr. Richard Lamb having Ten fat Bullocks taken away by Collonel Tooles men and brought to Wicklow and there killed and eaten by the Souldiers He preferred a Petition to the Court Colonel Toole being present on the Bench. L. C. J. Keating Collonel Toole you heard the Petition read do you know any thing of these Oxen Mr. Lamb had taken from him by your Souldiers C. Toole My Lord I will tell you how it was Mr. Lamb had sold the Bullocks to Mr. Price and as they were driving them to Balinderry the Soldiers met them and took them away L. C. J. Keating But Mr. Lamb was at home at his own House and not at Balinderry the Bullocks were to be paid for upon Mr. Lambs delivering them to Mr. Price at Balinderry your Souldiers took them away from his Servant several miles from Balinderry I see no reason why Mr. Lamb should not be paid for them C. Toole My Lord Colonel Sheldon came down soon after with the Kings Army and I advised with him and he ordered they should be killed for the Army which was done accordingly L. C. J. Keating Pray Colonel Toole however Mr. Lamb ought to be paid for them he was not concerned with Balinderry but kept his own House Council Fitzpatrick My Lord his House was a Garrison too Mr. Hancock For shame Mr. Fitzpatrick a Thatcht Gabin a Garrison I find you are for making all Protestants Rebels that live peaceably at home in their own Houses C. Toole My Lord I have no more to say to the matter Clerk of the Crown Calling over the Gentlemen of the County called one Savil Gent. Savil. Here I am my Lord God knows a poor Gentleman being Robb'd of all and not a penny left me to buy a pint of drink L. C. J. Keating Pray Sir when were you Rob'd Savil. The last Wednesday they came and took away what little they had left untaken before my Wife and Childrens Cloaths Robbing me of all L. C. J. Keating Pray Sir what value may your loss be Mr. Savil. Truly my Lord I have not yet computed my loss but they have taken away all I desire your Lordship will discharge me from attending the Court for I have not where withal to subsist while I am here L. C. J. Keating Sir I am sorry for you I discharge you L. C. J. Keating Colonel Toole Let the Officers be sent for into Court to here this Proclamation read that is sent down here by the Government Toole My Lord they are here most of them here is Captain Archbold Captain Toole c. Clerk of the Crown Read the Proclamation the substance where of was That they should restore the Protestants such of their Horses again as were not sit for the Kings Service c. J. Keating Calls for it from the Clerk and giving it to Colonel Tools hand who stood next him on the Bench Sir Pray take this Proclamation and I hope you will take care that obedience be given to it Toole My Lord we have received other Orders Colonel Sheldon who is our Chief Commander has given directious to have them kept for Draught for Carriages J. Keating Nay Sir if Colonel Sheldon must be obeyed before the Government I have no more to say I have done Toole My Lord I shall obey it J. Keating Pray then Coll. Toole let the Horses be sent for while that I am here that what Horses are not musterable may be return'd I cannot in my Conscience go about to fine Men for not appearing at the Assizes when they have not a Horse left them to ride on The further Proceedings at the Assizes at Wicklow in Ireland Being an Account of the Tryal of several Felons c. March the 6th and 7th 1688 / 9. SEveral were Arraigned for stealing considerable Numbers of Cows Sheep c. but the Evidence against most of them durst not appear to prosecute Leaghlin Birne Indicted for stealing Nine Head of Black Cattle from one Colwell No Person appearing to prosecute says J. Keating to the Jury Gentlemen you have nothing against this Man he was born in the state of Innocency But the truth is the Parties dare not appear against him Witnesses came in against Three Fellows viz. Maurice Cavanagh Edmond Poor William Bowland Clerk of the Crown Calling them to come and prosecute and they appearing J. Keating You that are Evidences against the Prisoners at the Bar I charge you as you will answer it before God that you neither for favour nor affection be inclined to spare any of these Villains and likewise that you will conceal nothing of the Truth as you will answer it at the Great Day for I tell you the Cries and Groans of the poor Women and Children and the many Families that are ruined and in great distress will go up to Heaven against you Evidence against Ed. Poor My Lord when I came to him and ask'd him why he stole my Cows He said The Devil did make him do it I spake him fair and he gave me Money for my Cows Poor I my Lord and he promised not to trouble me J. Keating It was an unlawful Promise the
Law would not justifie him in it he has done like an honest Man If you paid the Money out of Conscience you did well but I fear it was your danger of the Halter made you part with your Money for if 22 s. and Damnation stood in the way I believe you would have kept the Money I am sure without satisfaction you cannot expect Absolution the Priest that gave the other Advice for the Maddoge or Skean will I suppose tell you so Two Protestant Evidences against Maurice Cavenagh for stealing several Head of Black Cattle hearing Judge Keating speak against Skeans said Evidence My Lord when we seized him we took a Skean away from him J. Keating Sir How durst you carry such an unlawful Weapon Cavenagh My Lord I am a Butcher it was a Butchers Knife J. Keating Ay I do not question but thou canst butcher upon occasion One Hicky spoke My Lord he is no Butcher but one of the greatest Rogues in the Country round us I have been in pursuit of him several times Cavenagh He is a Murderer My Lord do not believe him Evidence My Lord it was near ten Inches long thick at the back and sharp point every way a Skean J. Keating Is that your Butchers Knife you are a great Villain for carrying such a Weapon Cavenagh I was order'd to have a Skean my Lord. J. Keating Pray Sir who order'd you Cavenagh The Priest of the Parish J. K. A Priest Sir turning to his Brother Judge Do you hear that Brother Bar. Lynch What Priest Sir What Priest What is your Priest's Name J. K. Hold Brother Come Sir I shall not ask your Priest's Name I believe you will have occasion to see your Priest soon to do you a better Office then to advise you to carry Skeans And looking towards Coll. Tool and two Priests on the Bench next Sheriff Birne J. Keating A Priest Gentlemen a Priest is a Minister and a Minister of the Gospel his Doctrine ought to be Peace for the Gospel is a Doctrine of Peace When our Saviour came into the World Peace was proclaimed and when he went out of the World he left it for a Legacy to his Disciples My Peace be with you And pray Sir tell your Priest so from me when you see him It is not for Priests to arm or animate such Villains as you are for Mischief I shall not ask your Priest's Name Clancy an Irish Gent. My Lord he belies the Priest he is a Rogue Cavanagh I do not The Priests of every Parish did give orders to get Half-pikes and Skeans and they were getting together in Companies in every Parish J. Keating Who were they that were gotten together such Fellows as you Cavanagh No my Lord better Men then I a great many that are here in Court. The Jury withdrawing and returning soon again brought Poor and Bowland in Guilty Cavenagh Not Guilty J. Keating Gentlemen you have acquitted the greater Villain at your Door let it lie The Ordinary being called to give Bowland and Poor the Book for their Clergy J. Keating Sir I expect as true a Return from you as if I were there my self The Times are so that Men must forget Bowels of Mercy Ordinary do your Duty What place do you shew them Ordinary My Lord I shew them the 50th Psalm J. Keating Let them read the 5th Verse This is an Act of Mercy and I know not why it should not be in Irish rather the Country Language it was formerly in Latin because the Romish Church hath their Worship in Latin. The Ordinary return'd them both Non Legit J. Keating You William Bowland and you Edmund Poor you have been Arraigned for stealing of Cows two several Thefts It is a great misfortune and sin to be guilty of such Crimes at any time but yours is so much the worse because it falls in a time when there are such general and vast Depredations in the Country that many honest Men go to Bed possest of considerable Stocks of Black and White Cattel gotten by great labour and pains the Industry of their whole Lives and in the Morning when they arise not any thing left them but turn'd out of all to go a begging all being taken away by Rebels by Thieves and Robbers the Sons of Violence that make every thing they lay their Hands on their own on this side the Cape of Good Hope where are the most bruitish and barbarous People we read of there is none like the People of this Country nor so great a Desolation as in this Kingdom at this day any where to be found and particularly in this County It is come to that pass the a Man that looses the better part of his Substance chuse â—ther to let that and what he has besides go than come to give Evidence And why Because he is certain to have his House burnt and his Throat cut if he appears against them Good God! what a pass are we come to For what has any Man if the stronger Hand can take it from him it is better to live under no Law than in such a place We have lived to see twenty nine Years of Peace pass over our Heads And I have sat on this Bench before now I pray God that my lenity and others has not given Encouragement to these Thieves and Robbers there may be a Rogue in the Court or one that is evilly inclined I know none but take notice of this the Government is at length tyr'd with Mercy they see it does no good and Examples and Punishments of this kind are not intended so much in a great part for the punishment of the Offender as for discouraging of others to make them take warning by their Example that seeing what evil Courses bring Men to they may reform I will not take up time to tell you how the benefit of Clergy came whether in the room of the Cities of Refuge that were in the old times I know that Restitution was under the Jewish Law sufficient satisfaction and if the Thief could not make Restitution he was to be sold for a slave and the Money given to the party But as the world grows old it grows worse and those Lenitives signifie nothing for preventing Thieving and Robbery for Thieves and Robbers are like a Gangreen in the Commonwealth they are worse then Drones in the Hive I cannot tell my self that under the Circumstances we are in I should advise to pardon any that are taken in this general depredation that we are under and therefore you Bowland and Poore that might have lived as safely under the Laws as the biggest man in the Kingdom and none of your fellow Subjects durst lay his hand upon you but he was liable to answer for it and thus you might have lived to a fair old age and ended your days in peace but you have chosen the quite contrary for the Law provides likewise for the punishment of wicked and offending persons among which number you