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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
Enemies this Gentlemen is Treason To hold Correspondence with any of the Kings Enemies or with Rebels in actual Rebellion or to joyn with them this is Treason you are not to enquire into the punishment but to open a door for the Petty Jury to enquire into the matter of Fact and what the Law is shall by the blessing of God be our business To Counterfeit the Kings Coyn or Clip it and you have very little of it at this time therefore you had need be careful in a more especial manner this likewise is Treason It is likewise Treason to counterfeit the Great Seal of the King for 't is the common Security by which many hold their Estates and some their Lives The killing of the Chancellor or any of the Judges or Justices of Oyer and Terminer in the doing of their Duty this likewise is Treason not so much with regard to their persons as to the work that they are about they representing the Kings Person The meanest Constable there if he has his Staff in his hand and doing his duty he that kills him shall dye the same death as he that kills the best man that wears Scarlet on the Bench. Gentlemen I must tell you another C●ime and it looks like a mark of Infamy on this Kingdom Murder in England is but Felony but it has been thought fit to make it Treason here and they that go out on Burning and Robbing Houses they shall be Indicted for Treason And Clerk of the Crown if any such be here now take notice I will have them Indicted for Treason The next thing for your Enquiry is Felony that concerning the Life of the Subject for a man to kill his fellow Subject this is Felony if he does it on a sudden passion and heat a man may kill another in his own defence for 't is natural for a man to kill rather than be killed and therefore he shall have his Pardon of course But Gentlemen this is not in favour of Duels and only where there is a great provocation there is not a man but has some passion about him but for a man to go to bed with Malice and arise the next morning and go meet his fellow Subject and kill him this is Murder and Treason in Ireland The next thing that is Felony is concerning the Goods of the Subject for an honest Labouring Man that by the industry of his whole Life has gotten a fair stock for the maintenance of himself his Wife and Children at night goes to bed and next morning when he arises he is a beggar and wants Bread. Gentlemen it would make every honest mans heart bleed to hear what I have heard since I came into this County it is ill in other parts of the Countrey but here they spare not even the wearing Clothes and Habit of Women and Children that they are forced to come abroad naked without any thing to cover their nakedness so that besides the Oath you have taken and the obligation of Christianity that lies upon you as you are Christians I conjure you by all that is Sacred and as ever you expect Eternal Salvation that you make diligent Enquiry let it never be said by any of you that it was your Neighbour or your Neighbours Servant did it and you are sorry for it but will not trouble your selves I tell you it is every mans business and I beseech you look into it To break into any mans House after night fall is Felony it is a sound sleep that the Labouring man takes but the idle Rogue that lies lurking sleeping all the day at night he arises and seeks whom he may devour If you were to do the most Charitable Work as building of a Bridge or Chappel or mending a High-way how many do you think of these men with half Pikes and Skeines would come to your assistance not one of them He engage But if a House or Town be to be Plundered they all run thither All Riots and Routs are to be enquired into numbers of People may meet for their own defence if they should hear or see the Countrey Robbing and Spoiling By a riotous Multitude coming to Burn and Rob their Houses in this case they may meet and desend their Goods and apprehend the Robbers in order to bring them to Justice but after all this they are not to contest with the Government nor do any thing to the prejudice of that I told you I would not trouble you with unnecessary matters all are lost in the greatest of Crimes and Outrages that are committed daily in the Countrey round about If I should go through all the Heads of this Charge it would take up more time than we have to spend here and therefore I shall shut up all and say no more than this that every man do apply himself to his Husbandry and Tillage to prevent that imminent danger of an approaching Famine that seems to be coming upon us and that you make it your business to search after and bring to Judgment those Robbers that live on the Mountains and while you continue to do your duty you shall have all the Protection the Government can give you So upon complaint of any Justice of the Peace that shall be backward or unwilling to appear against them care shall be taken to punish such and make them Examples Go together Gentlemen and consider of these things The Prisoners brought into Court. Clerk of the Crown Set John Price to the Bar Tho. King to the Bar W. Lewis James Beacon William Heatly Tho. Burroughs to the Bar c. Hold up your Right Hands Cl. John Price Tho. King c. You stand here Indicted for that you on the 25th day of February in the 5th Year of the Reign of our Soveraign Lord King James the Second at Ballindery in the County of Wicklow with divers others wicked Traytors and Rebels in a warlike manner then and there did assemble your selves and a cruel and open War and Rebellion against our Soveraign Lord the King and his faithful Subjects of this His Majesties Kingdom of Ireland did Raise and Levy and did intend our Soveraign Lord the King to Death and Destruction to bring and to Depose him from his Kingly Authority and Government of this his Kingdom of Ireland and to fulfil and accomplish this your said traiterous Intentions and Designs you the said Persons with others the said wicked Traytors and Rebels the Day Year and Place aforesaid did arm your selves with divers Warlike Weapons as well offensive as defensive and did move and excite divers others the Subjects of our Soveraign Lord the King to joyn themselves wickedly and traiterously against the Peace of our Soveraign Lord the King and the Duty of your Allegiance and the Statute in that Case made and provided c. Cl. How sayst thou John Price art thou guilty of the Treason that thou standest here Indicted c. or Not Guilty Mr. Price Not Guilty Cl. Culprit