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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
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