that Nation as to appear for the Truth And when Mr. David Fitz-Gerrald's Information becomes visible and vindicate the Reputation of those that have already appeared and stop the mouths of Gainsayens Let others make it their business so much as they can to asperse all that appear as Evidence for their King and thereby make informing odious by Ballads and Pomphlets I am sure so long as there is no Law against Allegiance but onery the Priests pardon for it some mens Consciences will once be a wakened and then men will not fear to appear and Papists Oaths will be less valâ—ed against Protestants or at least as little valued as they value the Bible they swear by For it 's well known by woful experience to some what a many of false Oaths have been taken by Papists against Protestants As the present Lord Mayor of London and his Agents have sufficiently suffered in to the great prejudice of their Estates Which when I say all such considerations of fear are lain aside then you will have greater Torches enlightned by our small Evidence to make all things plain unto you And though now things seem to be in a swoon Plots being turned into Intrigues time will come when Plots will be called Plots Popery Popery Rebellion not Civil War but Rebellion Having made this short Preface I shall refer the Reader to the Informations and Examinations themselves to enquire into matter of fact desiring them to judge us according to the merit of the Cause and not according unto the Papists Scandals The Persons Names that were indicted for High-Treason at Waterford-Assizes the 11th of March 1679. The Earl of Tyrone William Bradly Esq The Names of the Persons accused in the Conspiracy Gountie of Waterford James Power the Father Gountie of Waterford Richard Power the Sons Gountie of Waterford William Power the Sons Gountie of Waterford James Power the Sons Gountie of Waterford Dr. Moore Gountie of Waterford William Fince Gountie of Waterford Lawrance Swillivaitt Gountie of Waterford Quarter-Master Ely Gountie of Waterford Paul Strong Gountie of Waterford Richard Power Gountie of Waterford John Power that killed the Lord Mohun as is said Sir Turlo Macmahan County of Limbrick County of Limbrick Col. Peirce Lacy. County of Limbrick Lord Brittas County of Limbrick Sir John Fitz-Gerrald County of Limbrick David Fitz-Gerrald who hath since confessed himself to be concerned with the rest Counsel appearing for the said Earl Counsellor Porter Counsellor Longon and Three Atturney Sollicitors which were all allowed The INFORMATION of Hubart Bourke Gent. Exhibited to the Lord Lieutenant and Council of IRELAND as followeth Who saith THat on or about the last day of October 1678 I was at Killmac Thomas in the County of Waterford in the company of one Richard Power Gent. and Thomas Samson Gent. Seneschal and Steward to the Earl of Tyrone where after Breakfast c. The said Samson told me That the Earl of Tyrone desired him to pray me to come to him that night or the day following and that his Lordship had some Concerns to confer with me about which he the said Samson knew not what they were as he told me I accordingly went the same night to the Earl his house at Curroghmore with the said Samson who went into the Parlor to the said Earl and acquainted him therewith and the said Samson reurning to me told me that his Lordship was at Supper with Strangers and could not speak with me that night but desired me to come the next morning which I accordingly did After wellcome c. His Lordship asked me what News I told his Lordship I presumed that he had the best correspondency in that part of the Countrey and that for my part I had none worth his Lordships hearing I have saith he received Intelligence out of France where I understand that the French are very powerful and that Parlez vouz Francoize will be plentifully heard here ere long I asked his Lordship what great Exploits the French King had done Done said he Hath done Wonders and we may without doubt call him Defendor of the Faith He best deserves it and I am sure the hand of God is with him My Lord said I a man would be apter to think that if the French were intended that way he would rather venture on England first than come hither I have received a Letter saith he from one Robert Power who studies the Law at one of the Courts at London That the French have a great stroke in England already and says he before you are half a year older the French will subdue both England and Ineland and little harm thereby for they in England have no Faith in them For they no sooner grant a thing than recall it again just as they have dealt with me about the Lands of Deaces but said he before they enjoy it Begog I will lose the best blood in my Body Then my Lord said I if the French come hither they will kill all us poor Subjects As for that saith he I have made my Conditions for this side of the Countrey and if you will joyn with me I will put you in a ready way to get an Estate I told his Lordship that I wanted it much but could not tell how to come at it With that his Lordship drew out of his Pocket a great quantity of Papers roled up and desired me to sign unto it where upon a sudden glance I could read the Names of Paul Strong Richard and John Power and do believe there were the Names of One hundred Subscribers I desired his Lordship to excuse me for the present and that I was unfit to be employed in such matters And moreover that I never heard of any of my name that proved Traitors to their King and I would not begin With that his Lordship called me Coward and drew his Sword almost out of his Scabbard to kill me but he espied a Gentleman coming which was Sir John Ponsoby's Son Then my Lord went to greet him and after he had ushered him into his house his Lordship goes himself unto the Bridge at Curroghmore and called to William Power a Brogmaker and desired him in all haste to call John Daniel unto him to inform against me for that I had beaten the said Daniel in my own defence half a year before for which the said Daniel forgave me before four Witnesses yet the said Daviel was forced to inform against me And the Earl threatned that if he did not he should lose his Ears On which I was disarmed and by a Mittimus sent to VVaterford Gaol And it being Saturday late at night the Constable took my word to meet him at a certain place the Monday morning following In the mean time I procured Bail and brought them to Curroghmore which Bail the Lord of Tyrone refused and his Lordship also sent to several Justices of the Peace that they should not bail me on any account And his Lordship said
a Letter to Mac Namara for his Linnen and other things left with them saying in his Letter that he was going for England and that the Ship was ready to sail Mac Namara knowing that it was to inform against the said Earl made all haste possible to him whom as Mac Namara told me the Earl ordered to send for Bourke to prevent his going into England Upon which Mac Namara and his Father-in-law went to Waterford where they found Bourke and told him that they had a Barrel of Beer which he must take part of and Twenty Shillings in Money for him but whether the said Bourke had the Twenty Shillings he best knows Vpon which the said Bourke came to Mac Namara's house of whose comeing he made haste to acquaint the said Earl and Mac Namara returning home told Bourke that the Earl of Tyrone desired to be remembred unto him and did assure him that the said Earl was not angry with him with many other kind Greetings And being my self at a Christening in company of Mac Namara Bourke and others the Priest called Mac Namara out and asked him what was done as to the Business of the Earl of Tyrone at the Assizes And seeing them go privately under a Bank to Confessing I asked him what they did there Mac Namara told me that the Priest resolved in Things he doubted of and was troubled about The next day the said Mac Namara acquainted the said Bourke from the Earl that he had appointed Major Butler and John Rouan to treat with the said Bourke and that the Earl would give him a Farm and Stock and what Money he pleased if he would charge Mr. Villiars Mr. May Captain Nicholls Mr. Bradly and Peter Anthone for imploying him the said Bourke and feeing him unjustly to accuse the said Earl and so to declare that he knew nothing against the Earl but charged him thorow the instigation of the Gentlemen aforesaid and that thereunto was by them subborned in promises of great reward Hereupon I asked the said Mac Namara what would become of Bourke then if he should do so He answered that then the said Earl would be in the same Capacity or greater than he was before and then no man could harm him the said Bourke and that the Earl would defend him from any person that should endeavour to harm him After which I talking with Bourke concerning the proffers made him I advised him to be just to which he answered That he would rather die than to be unjust but notwithstanding he would meet the said Gentlemen to see what they would be at Mac Namara also told me That he would requite me if that I would but intrap Mr. Samson the Earls Steward that was who had been privy to the Earls Concerns and might discover much against the said Earl if not prevented Some days after Mac Namara Bourke and I met being that morning they went to meet the aforesaid Major Butler and Rouan I being with them at one James Finican's house I again charged Bourke to be just and abuse no man but to speak the truth which accordingly he promised me to do And so they went from me to the place appointed where they met the said Butler and Rouan who used great Reasonings to perswade Bourke to charge the Gentlemen aforesaid but could not prevail as Mac Namara Butler and Bourke told me at their return who came and lay all together that night at Mac Namara's house The next morning I having some occasions at Waterford and Major Butler going that way we went together Major Butler telling me that they had treated with Mr. Bourke about the Earl of Tyrone's Business but could not bring him to any thing the Major wifhing that the Earl had never been born to intrust such a one as Bourke with a Secret of that importance I then asked the said Major Butler what he thought then would become of it Who answered that he hoped yet to prevail with Bourke to do as before And then Bourke writ a Letter to the Earl of Orrery desiring me to carry the same which I received having business that way In which Letter the said Bourke mentioned the several Treasons he had to discover but the losing his Horse and the danger he was in of his life made him uncapable of waiting on the Lord Lieutenant and therefore prayed the Earl of Orrery to acquaint the Lord Lieutenant of it Before this Letter was sent the Pursivant seized the said Bourke and Mac Namara seized the said Letter and carried it to the Earl of Tyrone who acknowledged that he received the same Whereupon I went to Nicholas Osbourne Esquire one of his Majesties Justices of the Peace of the said County of Waterford who took part of this Examination which I have now made and advised me to go to the Earl of Orrery to impart the whole Vpon the Examination before-mentioned I advised Judge Keeting who took part of my Examinations that if he sent privately and apprehended the said persons there would be found in Mac Namara his Pocket a Letter which would confirm the subject matter of my Examination provided the Warrant was committed to the Execution of a Trusty Person but instead thereof the Warrant was sent to Quarter-master Ely before-mentioned who gave it to the Earl of Tyrone's Servant who instead of searching him assisted him by the said Earls Order with a Horse and Necessaries for his Journey to the Earls House where he had from the Earl Money and Instructions for the Concealing the Treason with great promises of Rewards from the Earl and the said Ely which accordingly the said Mac Namara did for sometime do The INFORMATION of John Mac Namara Given in before the Lord Lieutenant and Council and Committees appointed for that Purpose WHo saith That William Bradly Esq one of his Majesties Justices of the Peace for the County of Waterford in the Year 1678 gave me the said Mac Namara an Oath of Secrecy touching the Plot intended and designed in Ireland by the Earl of Tyrone and the rest of the Confederates against the Kings Majesty At Which time he imparted to me That the Earl of Tyrone had received a Commission from the French King to be a Collonel of Horse in the County of Waterford and that he the said William Bradly was to be his Lieutenant Collonel and desired me to provide my self with Horse and Arms and to procure as many as I could of those I dare trust and that I should have a Command of being a Captain under the said Earl and him Whereupon I did provide my self and spoke unto John Folio James Finican and Dennis Mac Namara to provide themselves with such necessaries as were requisite for that purpose informing them also that Mr. Bradly did impart such matters unto me and who knew that I the said Mac Namara had imparted such matters to the said John James and Dennis who afterwards did confess the same to his Grace the Lord Lieutenant and Council
and before I had liberty to speak with them or they with me I being then kept close Prisoner from any one of the Kings Evidence The Precedent Examination I gave when on a Petition preferred by the rest of the Evidences I was kept from any of the Earls Friends and from Quarter Master Ely who was always with me before and not denied to be with me but on the Petition of the aforesaid Gentlemen Then it was ordered that I should be kept close and not to have any to come unto me I was then very fearful to discover my mind because of the Guilt that was upon me being concerned Which after a Promise of Pardon if I spake the truth I then resolved to discover so far as I knew though against my self upon which I freely declared my mind in this following Examination After the aforesaid William Bradly did impart to me the aforesaid Treason I met with the said Earl of Tyrone on the Lands of Gavestown in the County of Waterford with two of his men viz. Thomas Power his Gentleman and Garret Mac Teege his Fowler and another whose name is Luke Power I having in company with me one William Power and Baustice Clancy being then abroad hunting with my Dogs the said Earl knowing me at a distance called unto me on which I went unto him The said Earl taking me aside from the company asked me whether Mr. Bradly had imparted to me any matter of Secrecy I replied He had The said Earl then told me That I must be very private and discover it to none but those I was very sure of After which the said Earl drew a List out of his pocket and shewed me the Names of several persons that were to be Superiour Officers both in the County of VVaterford County of Corke County of Keery County of Limbrick and County of Cleere which I took special notice of and knew several of the Persons and amongst the rest the Earl entred my name with my own Pen and Ink in the List the said Earl telling me he had his Commission sent him from the French King under Hand and Seal to be a Collonel of a Regiment of Horse in the County of VVaterford and said that there was hardly a County in Ireland save one but persons were appointed by the French King for that purpose and named in the County of Limbricke Collonel Pierce Lacy the Lord Brittas Sir John Fitz-Gerrald David Fitz-Gerrald and several others This Mac Namara is the Examinants own Name-sake and Cozen. and in the County of Cleere John Mac Namara and several others and in the County of Keery Sir Turlo Mac Mahan and several others and others in the County of Corke And that the said Earl of Tyrone was to be Collonel in the County of VVaterford and Mr. Bradly to be his Lieutenant Collonel Quarter-Master Ely his Major Mr. John Butler Senior his Captain with the Names of several others of that County which he did not read unto me The said Earl saying that they were to raise several Hundreds of Men in every County and that the Superior Officers were to meet on purpose to return an exact Account of their Forces to the French King on which the said King would land many Thousands of Men at the River Shannon This River Sannon runs many miles into the Countrey thorow three of the fertillest Counties in Ireland namely Keery Limbrick and Cleare unto the City of Limbrick and will carry great Ships to the same from the West Seas and as soon as they were landed the next business was to go to the City of Limbrick with five Hundred Men and divide them into two parts the one party to enter the City at Candle-light and that at several Gates and such as best knew the City were appointed to set on the Guards and put them all to the Sword the rest to be hard by the City and to enter in immediately when the Allarum was given and the Body of the Army to draw up as fast as they could By which said the Earl we do not question but to possess our selves of the City and Kings Castle and to banish the English very soon and indeed said the Earl 't is the Providence of God to bring some downfall on that unjust King the Duke of Ormond and his Children that wronged me in so high a Nature on the Account of Villiars Therefore said the Earl go home lose no time but make your selves ready for we know not how soon occasion may require your Assistance and speak to as many Friends as you can Which accordingly I did and provided Arms and Horses for that purpose After discovery being made hereof by Hubart Bourke as you may read in his Information who partly knew the proceedings and having discovered the same was bound by Recognizance to prosecute the said Earl at the next Assizes at Waterford he did for want of mine and others Testimonies absent himself from the Assizes unto which he was bound and for other Reasons mentioned in his Examination But in a short time after the Earl hearing that Mr. Bourke was going for England to make his Application to the King and Parliament the said Earl commanded me to write unto the said Bourke which accordingly I did and signified in my Letter that I would very willingly speak with him but he answering not my Expectation I went my self to him at Waterford and courted him to go along with me home unto my House which I prevailed with him to do I then hastned to the said Earl and gave him an account of my proceedings which the Earl liked very well Whereupon he ordered Major Butler and John Rouan and my self to confer with the said Bourke and at the Mill of Carygumier we met and according to the said Earls Order did offer the said Bourke a Farm stockt together with a Sum of Money so as that he would charge Mr. Villiars Captain Nicholls Mr. Bradly and others with subborning or prompting the said Bourke to prosecute the said Earl and that he should acknowledge it and Mr. Bradly aforesaid should confess the same and that so Bourke and Bradly should be committed Witnesses against Villiars and Nicholls Upon which the said Earl would bring his Action of Scandalum Magnatum against Villiars and Nicholls of 40000 Pounds which thing was contrived by Mr. Andrew Linn and Mr. Bradly the said Earls Friends Unto which the said Bourke refused to consent Here it is to be observed that Mr. Villiars and Captain Nichols were at Law with the said Earl and therefore the Earl did suppose the world would sconer believe what was lain to their Charge upon the Earls account though falsely alledged against them Bourke not accepting the aforesaid proffers the Earl then petitioned the Lord Lieutenant and Council who sent a Summons for the said Bourke and brought him to Dublin and being examined of several matters He gave in his Information and got also Mr. Samson and Mr. Ivie
my Neck when he last met me for then said he you would not have been an Informer now This was after I denied the Earl's Man to appear for the Ear against the aforesaid Mr. Bourke And having had Warrants from William Bradly Esq against all the aforesaid Persons got by the Earls pretended leave to me yet afterwards they were all secured from Justice by the said Earl Of which I acquainted the Judges of the Assizes but they gave me no Warrant against the said Persons but afterwards acquainting the Lord Chief Justice Booth therewith he gave his Warrant against them but it could not be served the Offenders being all secured from Justice by the said Earl in his own house or lands Madam Mortamore telling me That if I prosecuted them especially the Powers that I should lose my life and no body know what was become of me being a stranger in the Country And when Mr. Bourke was to prosecute the said Earl at the Assizes at Waterford August 14. 1679. fear causing him not to appear Thomas Power the Earls Gentleman came to me and told me that the Earl would have me to appear for him before the Judges and that if I would so appear for him the Earl would be clear'd Bourke being gone with promises of Reward if I would so appear which I refusing to do the said Power parted from me in a threatning manner and afterwards at Mr. Bradlys was followed by Finch aforesaid and others The same night Mr. Dobbins the High Sheriff was sent by the Judges for me to come to them to their Chamber which I accordingly did at which time the Judges told me that the aforesaid Bourke was gone and had sent them a Letter wherein he mentioned that fear and want of his Evidence made him to abscond or words to that purpose Then the Judges sent for Mr. Mo Cartee the Deputy Clerk of the Crown and for Bourk's Information who brought it and read it nnto me before the Judges and hearing them read I told the Judges that as for part of the information as it was read unto me I thought the Earl not guilty but as to Powers Letter I refused to answer thereto and the reason I answered so was because I was not on my Oath and therefore considering the danger I was in being so threatned as before and seeing the Judges and the said Earl lodging and eating together and the Earles servants at the Judges door as if they had been keepers of the door caused me then to confess nothing against the Earl of what I knew The Judges commended me for a very honest man as they told me that they heard I was and therefore Bourke being gone if I would vouch for the Earl that he was not concerned in any thing that he was charged the said Judges said that on my bare averring it the said Earl would be acquitted I then complained much against the Earles Servants especially against the aforesaid Finch who was then in the house and so I left the Judges who sent for me a second time and Judge Keeling asked me whether I had any Treasons or knew any thing of the Earles disaffection to the King to inform them withal I being silent they concluded I had and therefore commanded me to bring the same in writing to them the next morning which accordingly I promised them to do But having acquainted the Judges of the said Finch as you may read before and of his being in the Town and he not being apprehended and being in the Judges own Chamber where they dined with the Earl solicited and threatned by Mr. Shortnal the Earles pretended Chaplain and menac'd and threatned as before by the aforesaid Lieutenant Thomas Power in the Judges Chamber and in open Court by William Buckner the Earles Attorney before the Judges and knowing the great Correspondency there was betwixt the Earland the Chief Justice Keeling and the great dealings there had been betwixt Judge Reinolls and him the Earl often telling his great joy when Mr. Keeling was made Chief Justice saying when the aforesaid Cowdal brought him the news thereof that now he the said Earl neither feared the Lord Lieutenant nor Lord Chancelour his enemie and that he cared not now where he was tryed having before often said that he could not be forced to England to be tryed and that in Ireland they could not without calling a Parliament The consideraton whereof and the fear I was in to deal with so potent a person made me not to appear according to my promise the next Morning to give in my testimony but I went into the County of Cark to advise with the Earl of Orrery whom I knew would advise me whose sickness hindred my procedure until I was sent for by the Lord Lieutenant and Council and being there several times examined and by several Councils and Committees that our genuine sence might be taken and for that prevention of all mistakes Mr. Bourke Mr. Ivy and my self gave in those forementioned Examinations In which I also acquainted the Lord Lieutenant and Council that one Lawrence Swillivan a Papist left with the Earl by a Priest and afterwards made the Earles Butler was in March 1678 allowed to go or was sent into the County of Keery under pretence of seeing his Friends there who went his journey thither as the Earl went first to Dublin after he the said Earl was impeached by Bourke After his return I heard him talk much of Sir John Fitz Gerald and others in the County of Limbrick and telling me how much he was made by the said Gentlemen whom I after saw taxed for like Treason by Mr. David Fitz Gerald and observing also the return of the Earl from Dublin and he from his journey the same time and the Earles reproving him with a kick before me and withal giving him a wink and went into private together a considerable time by which I saw that the Earles anger was but pretended to him Upon which the said Swillivant being examined by the Bishop of Meath and Sir John Davis a Committee at which time Sir John Davis read my Examination or Information to him before me who was appointed to confront him he confessed he were with the Gentleman Sir John Fith Gerrald and some of them accused who made much of him but the said Sir John Davis so much threatned me and upheld the said Swillivant that they made nothing of it always observing that Sir John Davis had more care to examine or to intrap us then to intrap the Impeached else they might have sent and examined the Earls Cupboard where his Letters lay which would put all things out of dispute as I told Judge Keeting and Sir John Davis and fully satisfied them whether our Testimony was true or no. All these precedent Examinations and Informations together with three more viz. Dennis Mac Nemara John Foley and James Finican all agreeing in their Evidence with those Examinations Informations notwithstanding the
one did not know what the other had confessed or declared All which Examinations and Informations being delivered to the Lord Lieutenant and Council we were all bound to appear at Waterford Assizes to prosecute the said Earl of Tyrone Where we accordingly went having first petitioned the Lord Lieutenant and Council that none of the Earls Kindred Papist or Tenants should be of the Jury Acquainting his Grace that if they were not exempted from being of the Jury it was in vain for any of the Kings Evidence to appear there Which Petition the Lord Lieutenant told us was granted but when we came to the Assizes we found it denied by the Judges and the Juries Proceeding were such as made the Evidence complain some unto the Kings Majesty and others to the Lord Lieutenant and Council Upon which Thomas Samson one of the Examinants was commanded by the Lord Lieutenant to deliver his knowledge in writing into the Council of the Proceedings against the said Earl at the Assizes Which he accordingly did in the following Examination On which the Lord Lieutenant and Council telling the said Sampson the said Examination was to be sent to the Kings Majesty And to vindicate my Reputation the Lord Lieutenant and Council was pleased to give me leave to come for England and gave me their License for the same The Examination of Thomas Samson Gent. taken before the Lord Lieutenant and Council of Ireland the 14. of May 1680 by the Lord Lieutenants special Command about the Tryal of the Earl of Tyrone and William Bradley Esq at VVaterford Assizes and the Juries Proceedings therein WHo saith That according to my Recognizance I went to the said Assizes on the 10. of March last past the then going Judges being Sir Richard Reynolls and Sir William Davis The next morning after my arrival there I waited on them in their Chamber to receive their Commands I then told Judge Reynolls that I had sometime before petitioned the Lord Lieutenant and Council That no Papists Tenants or Kindred should be of the Jury and that his Grace told me that my Petition was answered and that he would give the going Judges Instructions therein To which Judge Reynolls replied That all the Judges had given their Opinion that it was contrary to Law that Papists should be exempted of being of the Jury I then answered that I was content with what my Superiours thought fit Judge Reynolls then told me I might have a Councel allowed me I told him I desired it in regard it was for the King and by reason I was a stranger to such Proceedings Upon which I made choice of Counsellor Becket but Judge Davis told me that he was not acquainted with Crown Proceedings and therefore said they would allow me Counsellor Pine and that they would give me a Note to him but they went to Church and gave me no note at all I then went to enquire for Councellor Pine but found that he was not in or near the Town Judge Reynolls also told me That the Earl was to be indicted for High Treason and that Mr. Bradley was to be indicted with him on the same Bill I then replyed that I much wondred at it in regard that the Witnesses against the one were not against the other And that I thought Mr. Bradley might if well handled and indicted asun der be a material Witness for the King but Judge Reynolls then answered it was so ordered above I then said I was content with what Authority commanded Upon which the Judges went to Church from whence they returned to the Court and after the Ceremony of the Court used c. The Grand Jury was called Counsellor Porter a Papist said My Lord there is a Peer of the Nation in question and therefore he prayed leave to appear for him I answered That there were three Nations in the Case and that the Kings Witness had rather need of Counsel Yet the Judges allowed Counsellor Porter to speak and Counsellor Longan a Papist also who said My Lord I am for the Impeached And they prayed leave to except against some of the Jury which was against none but Protestants The two Counsels together with three Attorneys appeared for the Earl the Kings Evidence being not allowed one and pressing for a Counsel Judge Reynolls answered me he would be our Counsel which I took as spoken in derision Hereupon I desired to object against Tenants and Kindred of the Ears's Papists being before allowed and in particular against Paul Sherlock a Tenant and Peirce Welch Gent a Kinsman of the Earl and others who upon their bare denying themselves Tenants or Kindred were admitted Jurors and sworn whereas they were both either Tenants or Kindred After Dinner I attended the Judges again in their Chamber who swore me and the other Witnesses commanding us to attend the Grand Jury which we accordingly did waiting in a Chamber next the Grand-Jury Chamber and Hubbart Bourke one of the Evidences went to the Jury and intreated Admittance and desired to be heard as he told me and the rest of the Witnesses But the Jury told him that they had his Examinations already and that they had no business with any of us for that they were ordered to hear no new Matters To which I answered That I was sworn to attend the Jury and therefore would have Admittance Capt. Grant always meeting the Evidence at the Door and telling them that they had no business with us which was unknown to some of the Jury Whereupon I went three times to the Grand-Jury-Door and being earnest I was admitted in Capt. Grant and Mr. Carew asked me Whether I had any new Treasons to inform the Jury of other than what were delivered in before the Lord Lieutenant and Council in my Examinations and told me if I had they were ordered not to hear or Words to that purpose I told them that I had no new matter but what had been before the Lord Lieutenant and Council but I desired to have my Examinations read unto me to see if they were all there or if need required that I might explain the same or words to that purpose On which they read one of my Examinations unto me whereby I found all my Examinations were not there or at least read unto me of which I informed the Jury But Mr. Welch Capt. Grant and Mr. Carew pressed not to have me heard on which I told them that some of them were fitter to be on an Examination than on that Jury on which they were silent And the Foreman acknowledged before the Committe of the Council appointed to examine them that they received but Nine Examinations of which he gave me an Account in writing and that I told them of several things that were not in those Examinations Sir John Davis wondering where the fault lay that all the Examinations had not been delivered to the Jury being not the one half of the Examinations taken before the Lord Lieutenant and Councel and also of
the least value the next day being in the Judges Chamber there came in Capt. Grant and Major Richard two of the Jury who told Judge Reynolls that the Bill against the said Earl was found Ignoramus Whereupon Judge Reynolls asked Maj. Richard whether they all agreed to it He answered That 7 were for finding the Bill and 10 against it and so they were out-voted Capt. Grant saying that they found the Matter Charged against the said Earl High Treason but they invalidated the Testimony of the Witnesses and that was the reason why they did not find the Bill But being asked Whether he knew or heard of any evil Report of me he denied that ever he did And not long before Capt. Grant and they that were against finding the Bill gave a Testimony under all their hands for one of the Evidence's Honesty which is ready to be produced it being at a time when he appeared for the Earl and also promised him Bribes if he would not confess And when three of the Jury that were for finding the Bill and three that were against it were summon'd before the Councel the Foreman said That the nine Examinations in their hands were sufflcient for any to find the Bill but he was sure that if there were as many more and as many more Witnesses yet they that were against it would not have consented to the finding of it But that which I further observed was That after the Evidence were some of them denied Allowance to the Jury being told that they had Evidence enough before them on which the Evidence left attending and were gone They then pretended that they sent for them and not finding them informed the Judges that they would have heard them but could not find them I desired that Mr. Mac Nemara might be examined to this but was not when I came away The next day being on my Duty attending the Court the Bill was brought in Ignoramus on which I told the Judges that I observed but just before a Bill was found against a Person for pulling a poor Fellow out of a Smoky Cabben for which a Fine of 4 d. was imposed But the King said I had hard measure that a Bill should not be found against a person for denying to be assistant to him if he were pulled out of his Throne with other Crimes sworn against him And therefore I prayed the Judges that the Jury might be sent for and poled and that they might answer one by one which were for finding the Bill and which against it And that inquiry might be made of the persons that were of most value as to the Kings Interest and protestant Religion they that voted for finding the Bill or they that voted against it On which the Judges sent for the Jury and had them called over one by one and no question was put to them but whether they were all agreed To which the Foreman answered That according to the way they usually used in Juries that is by Poles or most Voices they were agreed but no otherwise But if it were according to law they left that to the Judges and so the Bill was received Ignoramus I also told the Judges in open Court That one John Winston the Earl of Tyrone's Seneschal and the last Subsheriff of whom I had informed the Lord Lieutenant and Council That what private concernes came to the said Sheriffs hands the said Earl should be first acquain ted therewith On which his Grace ordered in Council that he should be no more Subsheriff yet as soon as another High Sheriff was chosen the said Winston desired to be Subsheriff and in order thereunto offered the High Sheriff That if he would admit of him the said Winston to be Subsheriff and let the Pannel of the Old Sheriff stand the aforesaid Counsellor Porter should give him Counsel all the Year for nothing And that Mr. Andrew Lynn and he late High Sheriff should be his Friend for ever Of which I offered the Judges Proof in Court Witnesses being there ready to attest it But the Judges took no notice of it There was likewise brought to the Judges by Maj. Rickards an accusation of one Francis Hatchet against the said Earl for that the said Earl would have imployed him to make Pike-staves and Holbard-staves and that the said Earl shewed him heads to put thereon of which the Judges commanded me to give in writing what I knew of the same which accordingly I did and was sworn unto it but was ordered by the Judges not to speak with the said Hatchet I then told the Judges that I scorned to do any thing under hand The the said Hatchet was ordered to be examined by Major Richards who when he was examined again minced his Testimony from what he had said before to the said Major Richards alledging that he dare not speak more for fear of his life or firing his house When Major Richards was examined to this by the Committee appointed therefore Sir John Davis being one of the then Committee said he wondred that this Examination should net be delivered to the Lord Lientenant and Council by Judge Reinolls who received it in asmuch as he thought it one of the most material things that came in against the said Earl of which I being thereunto required a Copy I gave to the Council of which things the Earl was not accused of before but for fear he should be the workman that was to make the aforesaid staves with the said Hatchet but could not by reason none of the Earles Timber would not make them did give a Note under his Hand and Seal that the Earl did not intend them for any plotting against the King but for his own use And when I went to Judge Reinolls his Chamber to take my leave of him I was an hour with him in private before Judge Davis came to him this I did auer notwithstanding Judge Davis did acquaint his Grace the Lord Lieutenant that they agreed when they first came the Circuit not to be asunder when any of us meaning the Kings Evidence were before them They told the Lord Lieutenant so when I confronted the Judges at the Council with this following Discourse and about the Proceedings at the Assizes I also told Judge Reinolls when I was at his Chamber to take my leave of him that Sir Thomas Osborn one of the Jury said that had the like Evidence Against his father as against the Earl he would have found the Bill which he did not deny when examined before the Committee Judge Reynolls then told me that the Earl had better given a 1000 l. than that the Bill should have been brought in ignoramus And when I told Judge Reinolls that Mr. Bradley who was joyned in the same Bill with the Earl would have confessed what he knew and gave a great discovery to the thing Judge Reinolls answered that if he had confessed any thing he would have hanged him as round as a Juglers Box. And I
most humbly acquainted the Lord Lieutenant that the Bill being not found against the Earl most men looked upon us as ruined who were the Witnesses for His Majesty and they that can act most against us account themselves most happy Many persons having said from the first that if we discovered any thing we were ruined in regard all the great Ones of the Nation would be against us And on inquiry it will be proved that seven of the ten of the Jury that found the Bill ignoramus were Kindred Tenants and friends of the Earles prepared for the purpose One of them allyed to Mr. Bradley was brought out of another County to make a body in the County of Waterford And as to several preparations made in Coffee Houses to asperse the Kings Evidence I am ready to make out the persons whom the time when and the places where The Copy of the JURORS Names These were for finding the Bill William Bolton Ar. Andrew Rickard Ar. Thomas Osbourne Kt. John Morris Gent. Robert Whitley Gent. John Stevens Gent. Henry Jaques Gent. These for not finding the Bill Jespr Grant Esq Pierce Welch Esq Thomas Kneal Gent. Robert Cooke Esq Robert Carew Gent. Michael Carew Gent. Roger Carew Gent. Paul Sherlocke Gent. James Oldfield Gent. Alphon O Bryan Gent. Several Queries touching the Earl of Tyrone's and Mr. Bradley's Tryals 1. WHether all the Examinations taken against the said Persons or any of them before the Lord Lieutenant and Council on which the Lord Lieutenant and Council declared the said Earl's to be High Treason should not have been delivered to the Jury 2 Whether the Evidence for the King ought not to be heard by the Jury when sworn thereunto 3. Whether the Kings Witnesses-ought not to have one Counsel as well as the Accused five Counsels and Attorneys 4 Whether the Bill could be found Ignoramus twelve not agreeing thereunto 5. Whether all those Letters mentioned in the Examinations should not be searched for when desired by the Evidences to strengthen the Evidence and told the place where they might be found 6. Whether the same persons were not fit Evidences for the King on their Oaths when proffered to clear the Accused on their bare Word 7. Whether all that was charged should not be examined and disarmed 8. Whether a Person accused for feveral Treasons on Tryal of some can be cleared of all meaning when all Examinations and Witnesses were not heard or known of by the Jury c. The Account and Vindication of the above-mentioned Mr. Hubbart Bourke his Person and Family LEst the unworthiness of my Person and smalness of my Fortune together with the many Lies and Falshoods which do ordinarily attend such as come on the Stage wherein great persons are concerned thereby to weaken or invalidate their Testimony the accused having little else to excuse their fact as will evidently appear in Mr. Sampsons Examination and his Confronting the Jury for fear I say lest the one or the other should lessen the circumspection or care of all Protestants to avoid that fire which through the warning of Dr. Oates and others hath yet been suppressed and which without care may yet break forth into a greater flame we have therefore apart at the end of all our Examinations annexed a short excuse for our presumption and also given a brief description of our selves As to my birth I was born in Tomound Son to Edmond Bourke a man of honest life though not the richest of his name I had my Breeding and Education in the Kingdome of Ireland in the Romish Religion and also under an Atturney which employ since I have been at my own dispose hath maintained me by keeping of Courts in the Country and acting as an Atturney in the same And whereas it hath been generally said by some who make it their business to invalidate my Testimonie out of love to the Impeached that the reason why I informed against the Earl of Tyrone is for that he sent me to Goal for great Misdemeanours what cause he had of sending me to Goal did appear before the Judges of the Assizes to be very unjust there being nothing at the Assizes laid to my Charge or on the Indictment proved but I hereby declare that my being in Goal together with the miscarriage of my Letters sent to his Grace the Lord Lieutenant was the only reason why I did not discover the things contained in my Examination sooner and that the discharge of my Conscience to God and Allegiance to my King was the only motive thereunto And to make it more evident seeing the evil of my former Religion and being convinced in my Conscience that no sound Religion can be maintained by the effusion of innocent blood disobedience to Superiours and subverting of Government I therefore have before his Grace the Lord Primate and Chancellour of Ireland and hereby do declare to all others my self to be of the Reformed Church of England and by Gods assistance do intend to live and die in the same and I desire all persons to consider for what I leave my Friends and Relations and Name-sakes denying my self such great proffers and advantages as by my Information you may see I have refused And I do hereby further declare in the presence of Almighty God that I never directlie or indirectlie received any Sum or Sums of Money or to the value of one Meals Meat or ever in the least expect so to do from any of the Gentlemen on whom I was desired to charge that I should be by them hired to Impeach the said Earl and then I should have such large Rewards If the world will but consider the great hardships I have lain under to be imprisoned so long time in a Countrey where I have no Friends or at least that dared to appear for me and on so unjust a cause as the Judges and Jury were sensible it was when I by them was acquitted I know they will conclude I had very hard measure And when I was sent for to give my Testimony for the King being then but one single Testimony that appeared and had onely Truth and Justice to stand by me I was by the malice of the Sheriff or Sub-Sheriff bound with cords under the Horses belly contrary to the Warrant sent for me by the Lord Lieutenant and Councel and after I was brought to Dublin I was falsely Indicted for horse-stealing by the Earl of Tyrones Atturney and by the Judges of the Kings-Bench Acquitted and when I was bound over to Waterford to prosecute the said Earl was therefrom afrighted by Menaces and Threatnings and afterwards made a spectacle of Contempt being carried about with my legs tyed in an egregious manner by the Earls servants under a false pretence of the Lord Lieutenants Warrant who said he granted no such Warrant And when I desired that Mr. Sampson and Mr. Ivie might be sent for knowing that Mr. Ivie could and believing that Mr. Sampson must of necessity know of the