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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A47745 Gallienus redivivus, or, Murther will out, &c. being a true account of the de-witting of Glencoe, Gaffney, &c. Leslie, Charles, 1650-1722. 1695 (1695) Wing L1134; ESTC R7680 20,663 25

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by the Parliament's making GALLIENVS's Instructions sufficient to Justify Verianus in his Execution of them Whereby they justify the whole Murder and bring it upon their own Heads and upon the Heads of their Children For if Gallienus had no Power by Law to send such Instructions they could be no Justification to Verianus But now That Parliament has Voted that such Instructions are a Justification of Verianus and therefore they have yielded that Gallienus has by Law a Power to send such Instructions And that they ought to be Obey'd And then Lord have mercy upon us NOR has our Parliament in England been behind that of Scotland in Sacrificing our Laws Lives and Liberties to an Arbitrary and Despotick Power and that not only to Orders Sign'd by Gallienus himself but by Verianus of his own head Making us Double Distill'd Vassals Slaves of Slaves AND the instance which among many others I have to give of this Exceeds even that of Glenco in its having less Pretence and acted with the greater face of Authority and Solemnity I mean the Prodigious unprecedented Manner of the Murther of Gaffney in Ireland by the Command of the Lord Coningsby For which he was impeach'd before the House of Commons in England by Protestants of Ireland Gentlemen of Quality and Estates and of Publick and generous Spirits whose noble Resentment to see their Laws so vilely trampled under foot by those whom they had Invited thither to protect them brought them hither in Person to demand Justice from our House of Commons against Coningsby who was one of their Members And that there could be nothing of Revenge in the Case in behalf of the Person who was Murther'd it 's notorious that Gaffney being a poor Fellow a Servant to Sweetman hereafter mention'd and wholly unknown I believe to every one of the Gentlemen who prosecuted Coningsby Besides He was a Roman Catholick and one of the Native Irish upon both of which Accounts he could have the less share of Interest with the British and Irish Protestants who were then not wholly come out of a most bloody War against them for Limerick as yet held out And therefore these worthy Patriots who came over from Ireland hither to prosecute Coningsby could have no other Incitement but Love of their Country and the Preservation of the Laws But the Return they had after a long and Expensive Attendance as it was Mortifying to themselves and sadly Instructive to others will remain an Instance of Arbitrary Government not to be equall'd in former Ages nor easily credible to the future The Story one would think should not need being told in England because it was brought upon the Stage before the House of Commons and is in their Printed Votes YET all that is not it seems sufficient to Publish it at this time not one in twenty of some sort of People that I meet with having ever heard of it or have forgot it And as I have told of the Story of Glenco they call it a Jacobite Invention and will hear no more of it I will therefore present the Reader with the very Words of the Article concerning Gaffney which with several others of other Instances of High Arbitrary Government was exhibited by the Earl of Ballimont and other Protestants of Ireland against the Lords Justices of Ireland viz. The said Lord Coningsby and Sir Charles Porter both Members of the House of Commons in England before the House of Commons in the Winter Session 1693. The Article concerning Gaffney is the 4th and follows in these Words That the Lords Jussices did in Council by word of mouth Order one Gaffney to be Hanged without Tryal the Courts of Justice being then open and who was at that time an Evidence against one Sweetman for the murther of Collonel Foulk's soldiers But the said Sweetman giving all his real Estate to the value of about 200 l. per Annum to Mr. Culliford besides the sum of about 500 l. to Mr. Fielding the said Lords Justices Secretary for being his Bayl was never prosecuted for the said murthe● and the said Gaffney was immediately Executed according to the said verbal Order NOW the Reader must know that every Tittle of the said Charge was proved fully and past all Contradiction Captain Fitz-Gerald who is a Member of the Privy Council in Ireland Declared that he was then sitting at the Board and that the Council were not advised with at all in it That Sweetman's Estate valued at 3000 l. was offer'd to him Captain Fitz Gerald on Condition that he would make interest to save Sweetmas's Life That Lord Coningsby who gave the Orders for Executing of Gaffney was in so great hast to have him dispatch'd out of the way for he was an Evidence against Sweetman That he ordered a Provo instead of any Legal Officer to be Call'd into the Council-Chamber where Gaffney was Examin'd And after having asked Gaffney three or four Questions and that he positively denied his having any Accession to the said Murther Commanded the Provo to take him out and hang him up IMMEDIATELY And the Provo making Answer That it would take some time to make a Gallows Coningsby answered sharply Hang him upon the Carriage of a Gun which was done IMMEDIATELY OF all this Coningsby could not deny One Word before the House of Commons And all he said in his own Vindication was That if he had not hang'd Gaffney so he could not have hang'd him at all Which was true For there was no Evidence against him and therefore they would give him no Tryal But why must Gaffney then be Hang'd Because forsooth Some Officers in the Army would have some body Hanged for the Murther of Foulk's Soldiers And Sweetman in whose Backside the Soldiers were buried and their Coats found in his House had given 500 l. to the Lords Justices Secretary and his Estate to another man in Power but Gaffney was a Poor Rogue and had nothing to give and therefore it was fit he should be hang'd And Hang'd as he was or not at all As CONINGSBY honestly but Impudently Confessed BUT now comes the Astonishing Wonder After all these things so plainly Proved and Confess'd that the House of Commons could not frame any manner of excuse for Coningsby but were forc'd to Vote the Execution of Gaffney without Tryal to be Arbitrary and Illegal Yet that considering the state of Affairs They did not think fit to ground an Impeachment against the Lord Coningsby for the same This is in the Printed Votes of the 29th of January 1693. And it is an Original What! Vote a Man guilty and yet that he shall not be prosecuted Why pray Because of the state of Affairs This is very general And such a pretence will never be wanting But what was this State of Affairs at that time It was in the Winter 1690 When all Ireland except only Limerick was in the Obedience of K. W. when the Courts of Justice were open as in the bovesaid Article