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
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
me to Major Butler then took me by the hand and said Old Friend farewel now for evermore Then Quarter-master Ely began a Health to the Prosperity of the Earl of Tyrone and to the confounding and utter Subversion of all his Enemies and forced the Health to go round This Ely is the Lord Lieutenant his Quarter-master and charged by the aforesaid Mac Namara in his after Examination of being in the Plot and to be a Major under the Earl of Tyrone for the French King and confessed that he was a Papist heretofore when questioned by the Lord Lieutenant upon the aforesaid Mr. Samson's telling him before the Lord Lieutenant and Council that he had a Crucifix about his Neck and afterwards was committed to the Marshal for abusing the said Samson where he continued for one week and then returned to his Command The Examination which follows is Mr. Ivie's touching the knowledge he had of Mr. Mac Namara which was before spoken of to be concerned with the Earl of Tyrone in the Plot and who afterwards in his Examination confesseth he was to be an Officer under the said Earl who promised me before the said Mr Ivie to discover the same at the Assizes but through Bribes did not appear but managed the Earls Designs with me to bribe me to desist my prosecuting the said Earl and offered me large Bribes to throw the Accusation on others But on Mr. Ivies confronting him before the Lord Lieutenant and Council and petitioning the Board to have him kept from the said Earl of Tyrone's Friends and Agents and from Quarter-master Ely who furnished him with Money and Horse and promised him Bail on occasion He then being kept close according to the said Ivie's Petition he then confessed the Truth and discovered the whole Plot as you may see in his Examination following Mr. Ivie's HVBART BOVRKE The EXAMINATION of Edward Ivie Gent. Taken at several Times before the Lord Lieutenant and Council of IRELAND in the beginning of November 1679 touching the Earl of TYRONE WHo saith That about Michaelmass last was Twelve-month John Mac Namara of the County of Waterford Gentleman brought unto me James Power the Father and his three Sons Richard William and James Power the said Mac Namara desiring me to take them as Tenants on the Lands of Dunhill in the said County of Waterford which accordingly I did the said Mac Namara assuring me that they were honest men who after that they had been there some time I observed together with my Servants and Neighbours a great recourse to them of persons being private in the said Power 's house by day and going away at night having several strange horses at day and gone away at night I also observed the said Powers and the aforesaid John Mac Namara providing Bridles Saddles Swords and other Arms. In the mean time a Warrant was sent from his Grace the Lord Lieutenant to apprehend the said Powers and Mac Namara The Powers being apprehended made their Escape out of the Constables hands which the Countrey took much notice of Mac Namara being also taken was committed to Waterford Gaol and in few days bailed out on which he returned home and some days after told me that he had made his application to the Earl of Tyrone to assist him in this his trouble And finding the said Earl in fear on Bourke's charging him for Treason so that he did not answer the said Mac Namara's expectation he the said Mac Namara returned home in great passion and concluded that his Father-in-law and Brother-in-law should go to Dublin to get his Pardon which accordingly they did and applied themselves to Sir John Cole for their Assistance And as they told me they met at Sir John Cole's the Lord Chief Justice Keeting on which they concluded to get no Pardon for that the Lord Chief Justice had promised to be kind to the said Mac Namara and would stand his Friend at the Assizes Upon which they returned home and acquainted the said Mac Namara with what they had done But the said Mac Namara concluded himself not safe in their not bringing his Pardon and therefore broke out into a great passion and told me that seeing the said Earl had drawn him into such dangerous Designs and had now left him he would no more look after Pardons nor trust no more to promises but he would discover the whole Truth which the Earl of Tyrone was carrying on against the King and further said That Bourke was but a Fool and knew nothing of the Plot in comparison of what he knew and that at the Assizes he would make a full Discovery thereof The said Mac Namara further told me that the said Earl was privy to all the Horses and Arms provided for the Plot which when the said Bourke came into the Countrey I acquainted him with and thereupon the said Bourke wrote a Letter to the Judges wherein he mentioned that the said Mac Namara and others were concerned in the Plot and therefore he could not appear till they appeared The said Mac Namara hiding himself until he had received an Account of Mr. Bourk's Proceedings and of the return of the Letter sent to the Judges in order to his coming in to discover that he might be secured To which purpose the said Mac Namara received a Letter from a Friend of his That Bourke had not yet spoke with the Judges and therefore advised the said Mac Namara to continue private where he was until he heard further from him At this time Mac Namara had promised Bourke to confess but desisted on the Earls Promises of Rewards The said Earl of Tyrone hearing of the said Mac Namara's Intentions several Letters was posted after the said Mac Namara in order to get him to Waterford with promises of being prorected from all things which was lain to his Charge Upon which promises the said Mac Namara came to Waterford and there was privately secured in the house of Mr. Fitz Gerrald a Papist and Merchant and the same night or the night after was conveyed up to the Earl of Tyrone's Lodgings where he the said Mac Namara told me being before the said Earl he the said Earl told him That he little thought his Fathers Son would serve him so as to betray him and that if he would desist discovering what he knew of the Plot he the said Earl would excuse him as to his troubles and save him from appearing at the Court and that he had so ordered Matters with the Judges that the same Bail should stand till the next Assizes without his appearing which accordingly was done to the admiration of all that heard it And assured him that he the said Earl would against the next Assizes write to or speak with Mr. Morris who said the Earl is my Friend and your Prosecutor and order the Matter so that against the next Assizes he the said Mac Namara should be freed After the Assizes Mac Namara returned home and Bourke being gone away sent
done in the presence of many Witnesses This was Charged against the said Finch before the foregoing Judges at the Assizes The Indges were Chief Justice Keeling and Judge Reinolls but never prosecuted though I told their Lordship that the said Finch was in the house where they lay waiting on the said Earl his Master The next day after the said Finch spoke the aforementioned words the said Earl laughing at me told me that the said words were not Treason and did not as much as check the said Finch for the same On which having my Bible in my hand I swore the words before the said Earl telling him that if it was Treason I would not be guilty of concealing of it Shortly after the said Finch laughed at me and told me before several Witnesses that he now cared not for what he had said against the Parliament for that now the King had turned them out of doors I also observed that the Earl was imploying one Major Butler a Papist to perswade Mr. Bourk to deny his information and to say that Collonel Viliars and others did bribe him the said Bourk falsly to impeach the said Earl I farther took notice of the Earls allowing all his Papist Servants to go to Mass who when it was forbidden went at midnight and of his seeming displeasure to them But in the conclusion he turned away or sent to Prison all his Protestant Servants as long as he had any And when I denied his Labourers to work on the Fifth of November he the said Earl commanded them to work calling that day A Protestant Cheat And the day of Humiliation for our late Soveraign of Blessed Memory The Parliaments Fast saying that he would take the sin upon him if I would not keep it I observed also the great Concourse of the Officers that came out of France and were disbanded at his house and his Papist Servants private receiving of Papists Arms to secure them for their Owners or other uses And when Madam Mortamore was reading of Coleman's Tryal and in particular the long Letter the Earl said that what Coleman had done was just and that if he had been in Colemans place he would have done as Coleman did I answered that suppose I was in Spain was it law ful for me to endeavour to subvert the Government there established To which the said Earl answered that it was my duty so to do and that there was no Law against Colemans doing of it in England or for taking away the Kings Life for endeavouring the subverting the Religion and that Coleman suffered unjustly And as for Colemans endeavouring to Murther the King said the Earl that was proved only by two Rogues And here he shewed me a Letter which as I remember came from one Robert Power aforesaid in which was instanced a Knight whose Name I do not remember that begged the Kings Pardon to speak who after it was granted told the King He verily believed that there was no Plot and that the Witnesses were two Rogues who if encouraged would take away all their Lives Madam Mortamor having ended Saint in Heaven and that all that had a hand in his Death were or would be damn'd in Hell At another time the said Earl being appointed by Authority to settle the Militia with the High Sheriff William Dobbins Esq and others Mr. Fith Gerrald of Waterford sent to him to act in it and I my self carried the Message from the said Fith Gerrald to him telling him the said Earl that by his appearing and shewing himself active for the King he might again redeem the Kings Favour and do himself and Servants good To which the Earl replied That if the French were at Coole-sin meaning a place a mile from his house he would not draw his Sword against them And at another time when he wanted Oats for his Horses the Earl laid That he had rather want Bread for his Table than Oats for his Horses not knowing how soon he might be called on Service Now having denied the serving of his own King before I might well wonder whom he intended to serve having made such Great Provision of Horses And afterwards when perswaded to go and meet the Sheriff about the Militia he went to a place called the Three Miles Bridge in the County of Waterford where the meeting was appointed but just met them and made haste back and disheartned those he met from going and jeared at the Troop calling it the Buttermilk-Troop saying that his Great Horse would beat a Troop of them At his return several of the Officers that came out of France were come to the said Earl's House where he met them And at another time having had some Trial-gone against him in the Courts at Dublin and receiving a Letter from his Attorney or Sollicitor of something which the King had done concerning it in England he fell into a great Passion against the King and said That if the King was pulled out of his Throne he would not draw his Sword to defend him And upon getting one Owen Whelan an Old Tory and making him his Sergeant or Bayliff I telling him that the Country would take notice of it he wished that he had ten thousand such Torys for there is a time coming said he that I could make use of them Observing all those things it made me use all possible means to get my self free from the said Earl's Service and in order thereunto got one Mr. Power of Clasmore being the Earl's Kinsman to speak to the Earl who was thereupon appointed to audit my Accompts which accordingly he did After which they used all means and endeavours to take away my good Name or Life viz. Garret M. Teege alias Wall the Earls Fowler who threatned my life lying in wait for me with one of the Earls beff Guns as he hath confessed And at a Fair at Clonagan he lent one Martha M. Shehan a Knife which the said Shehan had ready to kill me withal had not one espying of it prevented him by taking the Knife from him as he was giving the Stab and secured it Hereupon I acquainted the Earl therewith who desired to see the Knife and taking it into his hands broke it and then bid me to prosecute the Offenders At the fame time the aforesaid Owen Whelan the Old Tory and others lay in wait for me with Clubs which was also discovered and prevented by my presenting a Pistol at them and so made my escape from them Also John Power who as the Servants told me killed the Lord Mohan threatned my Life he was carried to Dublin in the Earls Coach and there kept private at the Earls Charge Lieutenant Thomas Power the Earl's Kinsman now of Captain Congrose's Company also threatned my life at the Assizes in the Judges Chamber He also got me to be sued by one Porter a Papist for Wine which the said Earl had many years before I came unto him the said Power wishing that he had broke
I do appoint Sam. Lee and Dan. Major of London Stationers to print this my Narrative entituled A Narrative of the late Popish Plot in Ireland c. and that no others print the same THO. SAMSON A NARRATIVE OF THE Late Popish Plot IN IRELAND For the Subjugating thereof to the FRENCH KING Together with The Proceedings against and Tryal of the Earl of Tyrone and others who were accused for carrying on the same CONTAINING The several Examinations of Hubbart Bourke Edward Ivie John Macnemarrah and Thomas Samson Gent. upon Information taken before the Lord Lieutenant and Council of Ireland The large promises of Rewards and Favours made to the Persons aforesaid in case they would have been induced to desist from prosecuting the said Earl and to affirm that they had been suborned by others to accuse him The many Threats made to all and Punishments inflicted upon one of the said Witnesses after they had peremptorily declared their resolution to discover what they knew concerning the said Plot. The manner of the Proceedings against the said Earl at Waterford-Assizes 1679. with the Names of the Jury and the Discouragements the King's Evidence met with before at and since the said Assizes By Tho. Samson Gent. late Steward to the Earl of Tyrone LONDON Printed for Sam. Lee and Dan. Major at the Feathers in Lumbard-street and Hand and Scepter in Fleet-street 1680. To the Right Honourable ARTHUR EARL of ESSEX MY LORD IT may be thought that the frequent method of Dedications to Persons of Honour now so much used might be the occasion of this my Address to your Lordship but I humbly conceive it most absolutely necessary for my Preservation to flie to your Lordship for Protection and Relief for the very Name of King's Evidence is now by the subtilty of evil and guilty men grown so obnoxious to many that no man who hath the courage to appear for his King and Country against the Papists can receive other Quarter from many men than that usually given to Rogues Barrators or common Disturbers of the Peace of their Neighbours But my Lord this Discovery now laid at your Lordships feet is of a far different nature and such which every good Christian and Subject is bound in Conscience to make for the good of his King and Country and being no other than what hath been before the Lord Lieutenant and Council of that Kingdom in which your Honour did formerly reside as Chief Ruler under his Majesty I therefore have made bold to dedicate these Papers to your Honour you being acquainted with the Interests and Humours of that People can best judge what Discouragements such as appear for Protestancy and the English Interest lie under in that Kingdom All persons favouring us there are maliciously termed our Promoters I do therefore humbly pray your Lordship to accept of this my poor Endeavour which done I shall not doubt its acceptance from all good men and shall remain My Lord Your Honour 's most humble and most obedient Servant THO. SAMSON An Introductory TO THE READER THE Northern part of the World lying so much in the waâ— of the Roman Church that its conversion to the Popish Reliâ—â—on is the Mark that many venture their Allegiance Life and Estate at having nought else but to be Canonized for their good work if they miss their aim therein and I hope good Protestants cannot believe that Sect of men will lay down the Cudgels if their Jesuitical Designes prevail not but will venture on the old way of Blouding if need require Hence it is that their Plotting is not confined to England onely but it must cross the Seas into Ireland also though they land in the bosoms of pretended Protestants And it cannot be imagined but that the Designe was carried on at one and the same time both on this and that side of the Water and the methods used for the carrying on of their Designes the same as by former Nary at 〈◊〉 compared with the following Informations and Examinations will appear viz. By raising of Forces by pretended settlements of Estates to prevent its forfeiture in case of discovery or using the old drudging way of aspersing the Evidence and if all these fail promising Bribes for rewards on 〈◊〉 thereby to shair the Truth Nevertheless aâ— it pleased God to disappoint their Endeavours in England by some who were intrusted by them whom God plucked from them to pull us as Brands out of the fire so here what knowledge was obtained came from some who were to be Actors in the same Tragedy so that the Wish might be taken in their own Craft and the Hand of God might be seen in the preservation of our King Country and Religion Such our Deliverers having changed their Bulls Pardons and Absolutions of the Pope and a horrid bloudy Act to be committed for fear of God peace of Conscience loyalty to their King and praise of good men And as in the Ganponden-Treason a Letter from one privie thereto did discover the same so likewise in the Kingdom of Ireland in 1641 it was a Letter from one Irishman to another which made the English to secure the City and Castle of Dublin which otherwise might have followed the fate of the whole Nation or greatest part of that Kingdom And why might not persons as much question the truth of that being so discovered and prevented as the truth of all those Plottings now in question and the rather it being now a Crime in Ireland to call those late murthering bloudy times Rebellion but a now name is taken up for it namely A Civil War In this present Discovery it was also a Letter that gave notice of the things declared to be designed which concurring with other testimony did convince one of the Witnesses of the reality of their Designes And indeed it 's not to be questioned but most of the good Protestants of that Kingdom I mean such as are not got into Preferments or married into Papist Families and thereby become any thing as to Religion such I say are fully satisfied of their Plottings and the rather considering the infolency of the Papists and the many of them the power the Priests and Romish Clergie have over them And were it not for fear of firing their houses and massacring their person and families and the scandal of discovering though the truth and the greatest bindrance of all is knowing that their Tryals if impeached nust be by some of their own Faction and it may be as much concerned is themselves and so consequently would be cleared Many Papists in Ireland valuing more to swear by a piece of Iron Wood or Stone a pretended Relick of St. Peter's Chair Chappel or Bell than on the holy Bible which I have my self known that after they have for sworn themselves on the Bible have confessed to their damage the truth when sworn on that Relick But I do not question but that God may open the eyes of some of the best of
further That if I did not starve in Prison he would hang me the next Assizes Then going towards Waterford Gaol I wrote a Letter to VVilliam Smith Esquire that he would speak to my Lord in my behalf to take Bail for me who promised he would but his Lordship refused to do the same when again Bail was tendred And then I was sent to VVaterford Gaol the beginning of November and there remained until the 14th of March following although there were five Letters written to his Grace the Duke of Ormond by me complaining to his Grace of the Misusage I had received and containing what farther I had to say Which Letters either miscarried or were taken up at the Post Office at VVaterford that the Lord Lieutenant never received them nor no account given to his Grace of them as his Grace was pleased to say The Further EXAMINATION of Hubart Bourke WHo further saith That after I was sent for by his Grace the Lord Lieutenant and Council in March following and was ordered to attend the Court of the Kings Bench and the Earl of Tyrone to answer I accordingly appeared there and was charged by the Earls People his Attourney Mr. Buckner his Sollicitor Thomas Cowdall and one Mac Carty Deputy Clerk of the Crown for Munster Circuit where the fore-mentioned persons brought an Indictment against me for Stealing of Horse out of the County of Cleare which as they pretended was about three years before Which was but a Contrivance as it was found upon Trial by the Judges of the Kings Bench thereby to render me infamous that my Evidence against the said Earl might be of no value where I was bound to prosecute the said Earl at Waterford Assizes next ensuing Note That this Cowdall was the foresaid Powers man and Mac Carty one who was under promises to discover all secrets to the Earl that he knew as Clerk of the Crown But being bound to prosecute the said Earl at Waterford I was discouraged from appearing there several people telling me that I should never return from thence in regard the said Earl had procured one of his own Council to be Judge of that Assizes and his own Tenants and Relations to be Tryers of the Matter and that at his own Door and Countrey All which so affrighted me that I chose rather to hazard my Recognizance and forfeiture of my Bonds than to endanger my Life which I understood was sought for Yet notwithstanding all Threats I went to Waterford Assizes but finding the said Earl of Tyrone and his Cozen Lieuten Thomas Power lodging and dietting in the same house with the Judges and being told in Waterford that if I opened my lips against the said Earl of Tyrone that I should not sleep that Night following unless I slept to Eternity Which Threat daunted me much also wanting John Mac Namara his Assistance of his Testimony which by promise of Reward by the said Earl he was kept from affording me And not having then forced Mr. Thomas Samson to bring in his Testimony nor Mr. Edward Ivie his all which I knew could discover much in this matter was the Cause why I left the Court and absented my self thinking it would be better at the Kings-Bench by which time those Persons before-mentioned would be brought in Further In order thereunto I wrote a Letter to the Lord Chief Justice Keeting and Sr. Richard Reynolls the Judges then at Waterford That I was not then prepared to proceed the Witnesses being not brought in with such like Excuses but fearing the Letter should not be delivered and not daring to go to the Judges Chamber by reason of the Earls being there and his Friends and Servants I went into the Court where as soon as I appeared the Lord Chief Justice called as I thought unto the Gaoler to take me into Custody which affrightened me so that I went away out of the Court and such a Hue and Cry was made after me by the Gaoler Constables and Bailliffs that I was glad to go into one Mr. Fullars Tann-house near Watersord and there to stay all that night In the mean time the Gaoler goes where my Horse was and told the people he was ordered by the Judges to secure my Horse The next morning by break of day I hired a Boat to ferry me over to the Slip house in Killkenny side and County and went into one Mr. William VVilkenson's house an Inn-keeper who about four of the Clock in the afternoon told me that it was not safe for me to stay in his house in regard there was so great a search and inquiry made after me in VViterford Whereupon I took Mr. VVilkenson's advice and went two miles on foot towards Killkenny intending to go to his Grace the Lord Lioutenant who was then there and to acquaint his Grace with the proceedings but Major Richards his Coachman one who lived with the said Earl not long before overtook me in the way and rid before me to an Alehouse where he writ a Letter to the Earls Coachman William Finch that he the said Finch should acquaint his Lord of my going towards Killkenny which Letter I accidentally discovered which caused me to leave the Road and to go to a place called the Gurteenes and there to stay four or five days until John Mac Namara who had discoursed the Matter with the said Earl of Tyrone sent a Letter unto me in which he said that the said Earl swore and dam'd himself to Eternity that he owed me no ill will at all praying me to come to his House but being so afraid of my safety I told him that I could not I then writ a Letter in few days after unto the said Mac Namara for my Linnen and other things that were at his house who returned the Messenger to me with a Letter without my Linnen wherein he mentioned that he would meet me the next morning at Waterford and have my things there with him and that he had several things to impart unto me concerning the Earl of Tyrone which he durst not write so meeting accordingly the said Mac Namara his Wife and Father-in-law Teege Finiean at Mrs. Jarvies her house I told him that I was ready to go on Ship-board for England Never trouble your self farther faid Mac Namara for I will get you a good Consideration and Liberty to stay in Ireland the aforesaid Finican also promised me 20 s. and one Barrel of Beer he had at home and he would lend me his Horse to ride to his house to drink part thereof the said M. Namara telling me that I was not in case at present to take such a Journey meaning to England and so they flattered me home with them Which I still understood by their Discourse that it was on the Earls accompt that they invited me Two days after my coming to M. Namara his House he went and informed the said Earl therewith and told me coming home from the Earl of Tyrones that the said Earl
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
Youghall to the Earl of Orrery for to get his advice and counsel but found him in a dying condition In the mean time God himself open'd a door unto me for my Discoverie for upon Mr. Bourke's Information I was sent for by the Lord Lieutenant and Council to declare my knowledge of that matter which having before dis-engaged my self from the Earl's service I was the freer to do And having before seen the great swarms of Papists flocking to the said Earl's house thirtie or fortie more than our own Family I also considering the pretended settlement of his Estate for fear of Mr. Bourke his charge against him in case the Treason was found All these things considered I leave my self to the Censure of all uninterested persons whether my dutie to my Prince and love to my inperiled Religion ought not to over-ballance the inferiour consideration of being a Servant to Lord and Master if he had been so at that time which he was not when those two references do enterfere one with the other 4. It 's objected against me that I left the Earl and turned head against him because I could not make up my Accompts and that so I covered my dishonesty under a pretence of Loyalty To which I answer That there is no truth in the Allegation as they that know the Earl's concerns may easily judge for that I was not in his service above eight months and having never or scarcely above 10 s. in my hands but as the Rent was received or before it was ordered to be paid away And if at any time I undertook a Journey of a nights stay abroad I left with the said Earl my Money and Books for fear of being robbed and the Robberie put on my self a trick which I was forewarned of by my Friends and the Earl's too The truth of this I leave to the Countrie-Gentlemen whether they have not heard the Earl speak it to my commendation And of all the Years Rents that came to my hands was not with other Receipts above 500 l. what Estate the Earl had more I know not for which I was accountable out of which was paid 300 l. and more in solvent Bills and old Debts and Rent-charges on the Estate which considered with the charge of Law Building Improvements Journeys to Dublin Maintenance of the House buying almost all we used And sometimes when well freighted with Irish Gentlemen and disbanded Officers out of France it cost in Extraordinaries above 10 l. a week spending more in the Popish Fasting-days being always two or three days in a week than would maintain a well-govern'd Protestant Family the whole week But to give no more such needless Excuses I passed that Account of the first half years Rent to John Power Esq of Clachmore the Earl's Kinsman and by the Earl his order and having charged my self with the Receipt of the whole Rental the Earl was in my debt 30 l. which I owed at Waterford And to make me take up more there he gave me a Rental of the next half year which being so small and so great Debts charged on it that the Earl himself could not think on a way how to make provision for that Journey he was then going to Dublin and to pay the old Scores But I was forced to stay behinde and drive the Tenants Cattle and what Rents could not be had to take a Bill for on my word in Waterford and so have the remainder of the Rents made over to me to discharge the same At the Earl's return from Dublin I was earnest to discharge my Accompts and Stewardship and in order thereunto got the aforesaid John Power to sollicit the said Earl to audit my Accompts who accordingly did and himself made up my Accompt by Acquittances which the Earl allowed him to pass and in the behalf of the Earl to set his hand to them On which all the Arrears due from the Tenants was due to me having charged my self with the whole Rental and Charge as received which the said John Power by the Earls order was ordered to acquaint the Tenants with which Arrears I was a fortnight gathering and distraining for at the Earls own door And what Arrears was due and I could not then receive I took Bond for in the Earls own house in my own name which I after sued for and recovered at the next Assizes which the Earl never found fault with until as you may see in my Examination I denied his Gentleman to appear for him the said Earl at the Assizes in Mr. Bourke's absence and when I would not appear for him then he pretended that he was not satisfied in his Accounts and desired to have them examined again and then every penny to the very Work-men was also examined and proved and others that were brought to deny what they had received and discharged under their hands went away with great shame John Power returning to the Earl ordered me to wait on the Earl in the Field where he discharged me with many Threats I passed the Accompt so often and so well that the said John Power said that he defied the whole world to shew a better or honester Accompt on which the Earl was Debtor to me 10 l. 10 s. 5 d. on the Ballance All Gentlemen that know the Earls Concerns can if they please say that the Earl yet never parted with any Steward but gave him the like scandalous parting no not so much as Mr. John Power himself who was as to the Earls concerns in all mens esteem a very honest man And when I was summoned up to Council-board then he got me arrested in the way which Suit the Lord Lieutenant offered to free me from Yet I answered the Suit to avoid the scandal and then the Earl let fall his Suit and as Counsellor Porter said he believed that the Earl knew not of it and farther said that he was sure he could not certainly sue me inasmuch as he had seen the Accounts and which were so just and legal Judge Keeling well observing that if I had been as great a Rogue as Clansey he was sure I could not cheat him in his Rents But to satisfie the world more fully I am ready to pass it again if fairly thereto admitted or to refer the farther scanning the same to indifferent men provided one of them is a Protestant 5. Objection laid in against me was of being bribed by others to throw the Treason on the said Earl This Cloud though black or blacker than the former may flie away as soon as the other For the Earl himself cannot think so when he knows that Maj. Butler was ordered to put this on foot against Col. Villiars as soon as the Earl heard that Mr. Bourke had charged him concluding that the world would believe it because of the Law-suit that had been betwixt them which certainly the Colonel had then no need to do having obtained the Estate from the Earl And when examined by the Chief Justice on Oath whether I was a Steward to Col. Villiars I answered That I was not but if free I would forasmuch as he was a good Protestant and a Loyal Subject And when the Question was put to the Colonel whether he had employed me he answered That he had heard by the Country that I was an honest man and if free from the Kings concerns in this Examination he would employ me And one thing I observed of the said Colonel was that when he had a Witness examined on a Commission about a weighty affair he then told the person encouraging him to speak truth that he had rather lose his Estate than to keep it by a false Oath And I do hereby declare in the presence of God that I never had one Penny bribe from him or others in my life 6. Hopes of Reward in the last place charged as a Motive inducing me to this Undertaking To which I say That my Carriage in both Kingdoms will be my Compurgators from this Charge I have been always more a Friend to others than to my self having straightned my self to do others good Besides the Accusation contradicts it self to lose a certain Employ for uncertain Hopes is not the part of a prudent man I did easily foresee the Troubles by Threats and Menaces to others and did not expect less to fall on me and which at length came to pass the Knife being taken out of the hand of one going to stab me and for me to dispossess my self of a quiet and peaceable Habitation and Livelihood and thereby as it were to court my own Trouble and Disappointment is not to be imagined I should have done unless higher Motives had engaged me I was but an ill Carver for my self the way I took if my aim was only at Rewards All mens judgments which are but fallible will be at last surveyed and examined at a higher Tribunal and if then it appear that the first recited Motives put me upon this Discovery and do still support me against all Discouragements under it I shall be then sufficiently acquitted before God as I am at present in my own Conscience whatsoever Slanders Obloquies and Reproaches the Envy of Adversaries doth cast in my way to asperse black and defame me These things I have offered to the view of the World in respect of my Allegiance knowing it my duty that if I saw but a Cloud as big as my hand I ought to discover it to my Master the King and also in love to my self to secure me against such Scandals which otherwise might be a hindrance to Truth THO. SAMSON FINIS
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