Journal of the House of Lords: Volume 13, 1675-1681. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 4 die Novembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
L. Conyers takes the Oaths.
This Day Conyers Lord Conyers took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, in Pursuance of the Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament.
Chute versus Lady Dacre & al.
Whereas there is an Appeal of Chaloner Chute Esquire, depending in this House, to which Dorothy Lady Dacre, and the other Persons concerned, have put in their Answers:
It being moved, on the Behalf of the said Chaloner Chute, "That a Day of Hearing may be appointed;" it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, on both Parts, upon the said Appeal and Answers, on Friday the 12th of this Instant November, at Ten of the Clock in the Forenoon; whereof the said Chaloner Chute is to cause timely Notice to be given to the said Lady Dacre and other Persons concerned, for that Purpose.
Meller versus Willimot.
Upon reading the Petition of Edward Willimot Gentleman; shewing, "That he and the other Persons thereunto required, have put in their Answers to the Appeal of Henry Meller of Derby, and George Greiseley of Lullington, in the County of Derby, depending in this House; and praying that a Day may be appointed to hear the said Cause:"
It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, on both Parts, upon the said Appeal and Answers, on Friday the 19th Day of this Instant November, at Ten of the Clock in the Forenoon; whereof the said Edward Willimot and other Defendants are to cause timely Notice to be given to the said Henry Meller and George Greisley, for that Purpose.
Walter versus Countess of Sheppy. Petition that she may wave Privilege.
Upon reading the Petition of Sir William Walter Baronet; shewing, "That, having Suits against the Relict and Executrix of David Walter Esquire, deceased, since created Countess of Sheppy, he is obstructed in his Proceedings at Law, by Privilege claimed by the said Countess; and therefore prayeth, that, by Order of this House, he may have Leave to proceed in his said Suits, notwithstanding the Privilege claimed by the said Countess:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel on both Parts, at the Bar of this House, concerning this Matter, on Saturday the 6th of this Instant November, at Ten of the Clock in the Forenoon; whereof the said Sir William Walter is to cause timely Notice to be given to the said Countess of Sheppey, or her Agent for that Purpose.
Warcup versus Rowney.
Upon reading the Petition of Edmond Warcup Esquire; shewing, "That he hath an Appeal depending in this House, from a Decree made on the 25th of February 1675, in the Court of Chancery, concerning the Manor of Northmore, in the County of Oxon, being the Lands of Edward Twyford Gentleman, deceased, and from the Dismission of his Bill of Review brought against Thomas Rowney, Executor of the said Edward Twyford, concerning the same Matters; and praying, that the said Thomas Rowney may make Answer thereunto:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Rowney be, and is hereby, required to put in his Answer, in Writing, to the said Appeal on Thursday the 11th Day of this Instant November at Ten of the Clock in the Forenoon.
Report concerning the Conspiracy in Ireland.
The Earl of Shaftesbury reported from the Committee for Examinations, what their Lordships thought was fit for the House to hear at the Bar, concerning the Conspiracy in Ireland; which his Lordship divided into Three Parts:
1st, Concerning Oliver Plunket.
2dly, Concerning the Lord Brittus.
3. Concerning the Earl of Tyrone.
Whereupon William Hetherington was called in; and sworn at the Bar. Who, being asked, "What he knew concerning these Matters?" said, "That what he had to say therein he had been informed of by Edmund Murphy and others."
Whereupon Edmund Murphy was called in; and, being sworn at the Bar, made a long Narrative; which he afterwards delivered in, in Writing, and which was read before him; the Contents whereof followeth:
Murphey's Narrative concerning the Plot in Ireland.
"I hope it will not seem an Admiration to any, that a great Part of the Examination taken before the King and Council last May, touching the horrid Plot carried on by Oliver Plunckett Titular Primate of Ireland, and the rest of his Confederates, as well beyond Seas as at Home, may be yet undiscovered; several Motives inducing such as made Discovery of Part thereof to retain to themselves Matters of great Moment in that Behalf, lest thereby they should purchase to themselves more magnipotent Enemies than they before had met withal; still remaining destitute of a Pardon, which should have encouraged them to maintain the Truth with that Approbation that should have necessarily occurred in that Matter; their Design being, without Partiality, to declare all Matters of weighty Importance (though it seemed to impend between Persons of different Qualities) they were privy to: Being also conscious to ourselves of bringing others into the same Premunire; for we found by Experience that such Persons whom we privately presented to be useful Testimonies, were openly handled with greater Severity than Highwaymen or Tories; and that without any known Crime or Evidence, to make any Thing appear against them (but that they were the King's Evidence). Another Motive that deterred us from being more copious in our Testimonies was, a Timidity that Possessed our Minds, of having suborned Persons to swear such Things against us as formerly, from the Rage of whom we narrowly escaped with our Lives; so that we hope the Proverb will be admitted, "That the burnt Child dreads the Fire".
"Moreover, in the Prosecution of Matters, meeting with continual Obstruction, and no less Discouragement, being frowned upon by those from whom we might have justly expected their Smiles; but by them we were rather abused than entertained, and except it were as Gaol Birds, or Common Vagabonds, or such as had committed Treason, instead of discovering the same; which, for what I know, hath proved a fatal Example to some that would have given in such Testimonies as might have concurred to the Well-being of the Three Kingdoms in future Ages: And,
"1. The Deponent, in the Year 1673, returning out of Spaine to Ircland, was sent for by Oliver Plunchett, who commanded him to remain in that Country (the said Plunckett being then Titular Primate of all Ireland); who gave the Deponent to understand, "that he would become a necessary Member of the said Primate's Chapter; and that he had purchased the Deponent a Bull from the See of Rome, in order to his being a Chanter of Armach." Which the Deponent embracing, soon after took Possession of the said Benefice, and received Order from the said Primate to excommunicate all that were disobedient to the Pope's Authority. It fell out that one James Callagham, belonging to the said Chantership of Armach, took an Occasion to murmur against the said Primate and Deponent, in their Proceedings of extorting from him his Parish by the Authority of Foreign Jurisdiction; for which the said Callaghan with all his Adherents were excommunicated.
"2. That, at this Juncture of Affairs, were great Things agitated, in Ireland and beyond Sea, by the Catholics, against the Protestants; the said Plunekett sending several Ecclesiastical Persons to Rome and Paris, and receiving all that came thence. He frequently assembled the Clergy and Nobility of the County of Dunganon and Louth, who, in their private Conferences, made diligent Enquiry into what Forces the Kingdom could afford, to introduce in the French, for the more effectual accomplishing their Design; the Deponent being present one Time when the Vicar General brought in a List of several Parishes, which amounted to Five or Six Thousand Men; but the Deponent did not well understand the Meaning of it till afterwards.
"3. While these Things were agitated, arrived from Rome a certain Franciscan Friar, by Name John Moyer (who had lately been at Spaine). He had no sooner been over, but he obtained Approbation and License from the said Primate to preach. On the ensuing Sunday after the Receipt of his Approbation, congregated together near a Thousand People, to hear this new Preacher. Among the rest of the Auditors, came the Deponent; who apprehending the said Moyer (in his very Introduction to the Sermon) to rail against the Superiors of the Church, declaring "that the chief and grave Fathers were not only Breakers of the Peace and Tranquillity of the Nations, but also of their own Church; and that they were Wolves in Sheeps Cloathing, and designed to set His Majesty's Subjects together by the Ears." Upon the Prosecution of his Sermon, it plainly appeared to the Assembly that he had an Eye to the Primate and his Bishops; which the Deponent well perceived; and, standing up, opposed himself against the said Moyer (viva Voce before all the Congregation, as a Sower of Sedition, and Instructor of false Doctrine; which proved a Means to dismiss the People, and put an End to the said Moyer's Preaching for that Season. This being over, the Deponent went and informed the Primate of the said Transaction; who immediately upon the Information took with him the Deponent, and went where he assembled several Ecclesiastical Persons together, (to wit,) what might be done with the said Moyer. The Provincial of the Franciscan Friars deemed it the best Course to send him beyond Sea, upon Penalty of Sub Pena Obedicntiæ; the said Primate fearing to provoke him the said Moyer, by reason he had the Sight of some private Letters in the Hands of a certain Agent beyond Sea, named Neale Og O Neale, which might prove of bad Consequence, by bringing himself and the other to Question; therefore determined to defer the Matter to another Time.
"4. That the Deponent may not digress, but set down what Transactions fell out orderly in the Succession of Time; therefore must come to the Affairs of the fore-mentioned James Calaghan, who was excommunicated by the Primate's Order, and thereby provoked to prosecute the Deponent, by virtue of a Warrant from Sir Hans Hamilton, for taking Possession of the said Callaghan's Living, by the Primate's Authority annexed with the Pope's; upon which, the Deponent bound himself over to appear at the next Assize, where for Two Assizes nothing was made appear against the Deponent, by the strong Influence the Primate and his Faction had upon the Court. The last Assize, the said Plunckett, to determine this Contest (it being his own Cause rather than the Deponent's, to maintain his Propriety) suborned Two Man to swear, not only against the said Callaghan for his said Disobedience, and in making his Application to Heretics; but also against Moyer, who he suspected to (fn. 1) have discovered his Treason; but it proved against the latter ineffectual: Sir Hans Hamilton finding it to be Malice, the said Moyer was set at Liberty.
"5. James Callaghan, notwithstanding all this, made his Address to Sir Hans again, therein making great Complaint, "That he could find no Means whereby to regain his Parish, nor any Remedy against the Deponent for keeping Possession of the same, because the Primate was so nearly concerned." Upon the Hearing of the Matter, Sir Hans writes a Letter to Peter Mathews, a Friend of the Primate's, "that he would communicate to him, that it was his Advice that the said Callaghan should be no more molested."
6. That the Primate, being sensible of his being suspected of carrying on treasonable Designs (the Bishop of Clochee being lately dead) sends to Rome, for one Patricke Trille, a Man bred among the Jesuits, a Man well instructed in Learning and Policy, excelling the Primate in any Thing except Hypocrisy; who, when he had arrived in Ireland, was, by virtue of the Pope's Bull, consecrated Bishop of Clocher; the Primate having before designed him, as being a Person fit for the Purpose of carrying on the Design: But the Priests of the Diocese, not approving of a Stranger, shewed their Dislike of him. But he, to make his Authority bear the greater Sway, told them, "That the King of England's Authority was annexed to the Pope's Bull;" which when the Priests heard, feared to take any further Notice of this Matter. The Deponent was particularly informed by several of the said Priests.
"7. That the Deponent being soon after requested, both by the said Bishop of Clocher and Primate, not to trouble the said James Callaghan, lest some Inconveniency should follow in reference to their Design, though the said Callaghan was excommunicated ipso facto; they added, "That within a Year that the said Callaghan should be put into the Inquisition of Fire, that was to be erected there when their Designs was accomplished."
"8. The Deponent being first bound to Secrecy (by the said Bishop and Primate); they told him, "That there was a Thing on Foot, that would root out Heresy out of the Kingdoms, (videlicet,) the Protestant Religion." But the Primate added, "that Money was the greatest Obstruction in the Matter; for he paid Eleven Pounds per Month for Letters; and that he could never have subsisted, had not the Duke of Ormond given him an Allowance." Withal told the Deponent, as touching his Recognizance in which he was bound to appear at the Affize, "he would write to his Cousin Ormond thereof; which he was sure afterward would deter Sir Hans from appearing on the Behalf of Callaghan;" which accordingly fell out. So the Deponent heard no more of his Recognizance. This was in 1676.
9. That the Deponent, not many Days after his Conference with the Bishop of Clocher and Primate, was sent for, by Father Ronan Magine, who was the Deponent's Friend. After some Converse between the Deponent and the said Father Ronan, it was demanded by Father Ronan, "How the Primate's Plot went on?" And also rebuking the Deponent, for opposing Father Moyer's Preaching, and concealing the Primate's Conspiracy; telling the Deponent, "That there was a more execrable Design in Hand than most were aware of, and that carried on by Plunckett and his Confederates; for there was sent (or now sending) a new List of Forces, that was now ready in Ireland, to the Number of Seven Thousand, to receive in the French, to massacre all the Protestants." The Deponent, after having given Attention to Father Ronan for a Time, made Father Ronan this Answer, "That he understood the Primate did nothing repugnant to the King's Pleasure; for, the Deponent told him, that he was informed by Plunckett, that he had an Allowance from the Duke of Ormond, without which he could not subsist; and that he heard the Clergy of Clocher declare that their Bishop had said, That he had the King's Authority annexed to the Pope's Bull; and further, that the Design was only to promote the Interest of the Church; for the Primate fairly pretended he had a Commission to raise Forces privately, for the great Expectation of Difference that was to fall out between the Duke of Yorke and the Duke of Monmouth; and that the whole Design was to introduce in the French, to maintain Justice that stood on the Duke of York's Behalf." To this, Father Ronan replied, "That the Primate would bring in the French to no other End but to murder all the Protestants in One Week." Whereupon the said Father Ronan shewed the Deponent several Letters that he had received from beyond Sea, and the Copies of others that the Primate had sent; in which he affirmed the Truth of the said Number being in Readiness. Father Ronan added further, "That, were it not that he was conscious to himself of doing any Thing that might reflect on the Catholic Church, he would discover the Primate's Villany immediately."
"10. That the Deponent, after his Conference with Father Ronan, resolved to be no longer Abettor with Plunckett in his Designs, being before deluded by the Pretence of a Commission that he had from the Government; also, considering what an Ocean of innocent Blood would be spilt by this horrid Contrivance, further determined to dissemble with the Primate, thereby to get better Information, and at one and the same Time correspond also with Father Ronan, in order to the Discovering of the Whole of the Conspiracy.
"11. That, immediately after, the Deponent was sent for by the Primate (who made not the least Doubt of his Fidelity); and told the Deponent, "That it was the Duke of Ormond's Advice to him, to get some Protestant Justice of the Peace, that was his Friend, to give in an Accusation to the Duke of Ormond against Father Ronan, Father Anthony O Dayly, and Father John Moyer, as Disturbers of the Peace; by which Means the Duke of Ormond might have a fair Pretence to banish the said Persons, thereby to serve the said Primate; for he was doubtful they would make an open Discovery of the said Plot;" telling the Deponent also, "this was the Result of the Matter that himself and the Duke came to, in consulting together about an Expedient in that Behalf."
"12. That the Deponent no sooner received this Intrigue from Plunckett, but he departed, and told Father Ronan verbatim what the Primate had told him; which when Father Ronan had received, charged the Deponent to carry on his Design with Discretion, and not to take the least Notice that he had revealed the Matter to him the said Father Ronan, until such Time the Business was ripe; and that then the Conspirators, with their Papers, might be taken in the Height of their Consultation: But, ere the Deponent parted with Father Ronan, there was a Meeting appointed, where to meet with Father John Moyer, and there to consult about the Discovery designed to be made by Father Ronan, Father Moyer, and the Deponent; which was concluded to be at Tondegree.
"13. In the Interim, the Primate assembled all the Tories and Rebels in and about Ulster and Leimster, and appointed them to meet him in the Woods of Drombee; which accordingly they did, where he acquainted such as were born to Estates, "that it was his Desire they should carry his own Recommendation to France; and that the rest would provide Arms, and remain still in the Country;" this being in the Year 1677; the Deponent being informed of this by such as were present.
"14. Philemy Odoneley (a little Time after) (fn. 2) to carry Letters from the Primate (who was then in Dublin) to Father Manus Oquinn, who was a great Correspondent of the Primate's. The said Odonoley requesting the Deponent to admit his Man to carry a Letter for the said Manus Oquinn; the Deponent willed him to let the Letter be with him till the next Morning, and it should be sent by his Servant accordingly. But the Deponent, mistrusting the said Letter, opened it, and found the Contents to be to this Purpose; "that he the said Primate had been the Day before with the great Man (which was the common stile he gave the Duke of Ormond); and that he would give Patrick Flemin to understand that it was the Duke's Desire he might go to Dublin, where he might safely remain with the Primate till there was an Opportunity to transport him for England, where the Duke of Ormond's Friend as well as the Primate's would send Letters of Recommendation with the said Patrick Flemin for France;" the which Friend of the Primate's and Duke of Ormond, the Deponent was afterwards informed by the said Mannus Oquin to be the Duke of Yorke. It was added in the Letter, "that the said Patrick Flemin needed not fear but to return to his Country again in a short Time with Honour and Preferment;" this said Fleming being the chiefest Rebel in Ireland, &c.
"15. The Deponent receiving a Letter from Owen Odonoley Curate to the Primate's Vicar General, "that the Cloud above the Church of Roome should soon vanish in His Majesty's Dominions," with several other Circumstances relating to the said Plot; much about the same Time the Deponent received a Letter from Paris, from one Father Macardle, who desired the Deponent therein to have Compassion on certain of his Friends and Acquaintance that were Protestants; for he intimated in his Letter, "that there was great Contrivance for the utter Destruction of all the Protestants, in the Three Kingdoms of England, Scotland, and Ireland, &c."
"16. That the Deponent, at the Church of Lochgilly, received several Papers, at the Hands of Daniell Mackoane, being by the Order of the Primate's Vicar General, (videlicet,) Bryan Maggork; the which Paper evinced, "That a Provincial Council was to sit, for preparing Agents to go (fn. 2) beyond, and that every Priest severally upon the Penalty of (sub Pena Excommunicationis et Suspensionis ab Officio et Benesicio,) or some such Terms, not to reveal it to each other; and that also the said Orders laid an Injunction upon every Parish Priest, to pay a certain Subsidy, for defraying the Charges of the Agents that were going beyond Sea, and such as were already there."
"17. The Deponent, having the Papers in his Possession, gave the Messenger to understand, that he would have no Hand in their wicked Designs, but would discover all their Villany; and hereupon put the Papers in his Pocket; which the Messenger endeavoured to snatch away. But the Deponent carried the Papers to Father Moyer, who delivered them to Sir Hans Hamilton, One of the Privy Council in Ireland. But the Deponent ever after was (to the Primate) known to obstruct his Devices, having not long after writ to the said Primate to deter him from his Hellish Designs for which he was excluded from all their Councils; and had no other Intelligence but what he received from beyond Seas, and by Father Ronan's Letters.
"18. That the Deponent, in August 1678, received a Letter from Father Ronan, the Contents of which were to this Effect: That the common Enemy was to celebrate a Provincial Council, to no other End than to confirm by a general Voice a wicked Action, to the King and Country's Ruin. You are in all Haste to inform Sir Hans Hamilton, who, with the rest of his Friends in them Parts are able to frustrate such a Conciliabolum, quia non constabit nisi ex extinctis, partialibus, et malesanis Membris; which will do nothing else but what Amor proprius will dictate. Step up in Haste; and you will find more of the Treason. Doctor Fits Simons is already sent to France, to declare their Grievances."
19. That the Deponent, immediately upon Receipt hereof, repaired to Sir Hans Hamilton, who was not at Home; but consulting with the said Moyer the Place where, and the Time when, the said Provincial Council should sit, that they might be taken unawares; at Length, by Father Moyer's industry, some Intelligence he received where they were to meet; who sends the Deponent Word thereof by his Man, requesting him to use his best Endeavours to get Men and Arms, and so take them by Surprisal.
"20. That the Deponent, upon Receipt of this Letter from Father Moyer, went and informed Lieutenant Baker, who he found at the Justice of Peace, where he went with a Design to inform the said Justice; but his being absent gave the Deponent Occasino to inform the said Baker, seeing he met him so opportunely, shewing the Lieutenant the said Letter received from Moyer, and other Papers to that Purpose, desiring him to get his Soldiers in a Readiness, while the Deponent went to find the Certainty of the Place. But the Lieutenant made Answer, "That he would not go without the said Letter of Moyer's, in which the Treason was declared." Upon which Request, the Deponent give him the Letter, and directed his Course to the supposed House mentioned in the said Moyer's Letter, which proved to be as supposed. The Deponent had hardly parted with the said Baker, but he sends One of his Men to inform some of the said Council that that Matter was discovered; and that therefore by all Means they should absent themselves; and for their Confirmation sent the said Moyer's Letter, which before he received from the Deponent.
"21. That the Deponent soon after, returning to the said Baker, told him, "That he the said Deponent had found the Place that the Provincial Council was assembled at." But the said Baker made Answer, "That himself and Justice Boulton had prevented their Sitting, though the Deponent saw the said Council come together, who afterwards, at Five or Six Days, took not the least Notice to Baker, notwithstanding his being senible of Baker's winking at or rather encouraging the said Council. But the Deponent meeting Baker's Man suddenly upon the Business, who informed the Deponent that his Master had sent him to some Members of the said Council to warn them not to be there, for there was Discovery made, and withal had sent them Father Moyer's Letter, which was sent to Roome, and brought at Length a thundering Excommunication against Moyer, who acquainted Sir Hans Hamilton how Boulton and Baker had served the Deponent.
"22. That the Deponent, not long after, coming accidentally to a House not far from the said Baker's, found there a Council of common Priests; some of which told the Deponent, "That he was the only Obstacle that hindered the Kingdom of Ireland to be in their Possession of the Instant (videlicet, the Ca tholics); that the Deponent urged it improbable, if he had made no Discovery. The Respondent replied, "It had undoubtedly been; for they designed to insuse into the Commonalty, that the King was dead; by which Means they would be easily persuaded to join with the French to root cut Heresy."
"23. That the Deponent having corresponded with Father Ronan and Father Moyer, about the effectual Discovery of the said Conspiracy, it was concluded on, that Father Ronan should go to France, to insinuate himself into the Design; and from thence to return, after receiving a full Information of all the Conspirators; and then to discover the whole Design to the King and Council in England: But he was no sooner in Flanders, but there comes Letters from the Primate, to inform the Clergy, that the said Father Ronan Maggin was a dangerous Person to be trusted with a Design; and therefore they received several Letters against him; the Contents thereof the Deponent never saw; but heard the Primate say often (formerly) "that he wished the said Ronan over Seas;" which afterwards appeared he had an evil Design; for the said Father Ronan, in his Journey from France, was poisoned at an Irish Priest's House in Flanders.
" (fn. 3) 23. That, (fn. 4) soon after Father Ronan was gone for France, there issued forth a Proclamation, for the Banishment of all Priests; which was concluded of all Hands to have proceeded from what the Deponent and Father Moyer had discovered to Sir Hans Hamilton, but soon after were made sensible of the contrary; for it was reported, "that one Oates had made a Discovery of a Plot;" and that what the Deponent had discovered was not minded in Ireland, nor sent to England till introduced thither by Mr. Hethrington, who espoused the Deponent's Cause, though the Matter was made known by the Deponent and Father Moyer to several Privy Counsellors and Justices of the Peace near Three Years before.
"24. The Deponent and Father Moyer's Enemies took no small Advantage of this said Proclamation for their Banishment, without the least Respect to their Discovery, but rather (as it appeared) making it an Argument it should be put the sooner in Execution. The Deponent, being confounded in his Mind, knew not what to think; seeing that first he had incurred the Pope's Displeasure, by discovering Treason against the King; and that now the King's Proclamation was come, to banish him to a Country where he must be put into the Inquisition. Father Moyer hereupon fled from the Hands of those that had apprehended him, in order to his Transportation to a Country where the Primate had before prepared his Doom. Father Anthony Odayly refusing to be concerned in the Primate's Plot, upon the coming of the said Proclamation, went to Flanders. The Deponent and Father Moyer, who before escaped from the Constables that were to have him to the Ship for to be transported, got a Protection from Sir Hans Hamilton for the said Moyer not to be molested; the Deponent, receiving some verbal Encouragement from the said Sir Hans not to fear the Malice of his Enemies, soon after committed himself to the Care of a certain Garrison, where for a short Time he remained.
"25. That the Deponent, in Process of Time, informed Sir Hans Hamilton, that Lieutenant Baker supplied the Tories with Arms and Ammunition; the Deponent being Eye Witness to the same; and that the like Information was given to the Deponent by several of the said Baker's Servants; and that it was One of his Men that carried the Message to the Members of the Provincial Council, which afterwards informed the Deponent; and that Ensign John Smith, the said Baker's Father in Law, was in the like Manner concerned.
"26. That the said Baker, being enraged at the Deponent's Information to Sir Hans, and hearing that his Servant had acquainted the Deponent, as also One more particularly had told the Message sent by his Master to the said Members of the Provincial Council, got an Order immediately, and banished the said Servants without Bail or Mainprize, hurried them from their Wives and Children for Jamaica; and at the same Time received a Mittimus from Esquire William Hill, One of the Privy Council, to send the Deponent to Prison without Bail or Mainprize, as aforesaid; affirming, "that the Deponent was excommunicated by his own Primate;" which he said that Captain Boulton, the aforesaid Justice of the Peace, had given him that Relation. He also the said Baker made it his Business to render the Deponent ridiculous amongst his near Relations, that, for discovering the Truth, he is an Odium amongst them to this Day.
"27. That the Deponent had not long been in Prison; but he heard there was in Town a Gentleman of good Repute, especially among such as were good Protestants, by Name Mr. William Hethrington, a Person endued with a most heroic and excellent Disposition, and very zealous for the Protestant Religion; for whom the Deponent sent, and communicated unto him the most material Matters relating to the said Conspiracy. The said Mr. Hethrington, after mature Deliberation on what the Deponent affirmed, demanded, "If the said Deponent had not discovered the said Conspiracy to any Magistrate?" To which the Deponent replied, "That he and Moyer had given Information thereof Three Years before." The said Mr. Hethrington, being startled at the Deponent's Reply, thought it requisite to make a more narrow Scrutiny into the the Truth of the Design; in the Prosecution of which, found, that the Deponent had given him no less than a just and true Account; and further found, by evident Demonstration, that the Matter was revealed to several Privy Counsellors, and no less Number of the Justices of the Peace; of which Mr. Hethrington being fully satisfied, told the Deponent, "He would hazard his Life and Liberty, but he would introduce the Matter to the King and Council;" which with much Difficulty he performed; in the Prosecution of which, he run through many Dangers, meeting Multitude of Obstructions and small Encouragement; which, by his own Declaration, he is able at large to make appear, & c."
Edmond Murphy averred the Truth of what was read. And being asked, "Who those Persons were that frowned on him, and discouraged him, as he sets forth in his Narrative?"
Whereupon he named Sir John Davis, Captain Bolton, Sir Hans Hambleton, and the Lord Lieutenant of Ireland.
The said Murphy being demanded, "Whether the Narrative was of his own Hand-Writing?"
He said, "William Roberts, a Schoolmaster in Southwark, writ it from his Papers and his own Mouth."
Which Roberts, being sent for, and examined upon Oath, averred the same.
And the said Edmond Murphy having spoken some Things at the Bar, which were not in the said Narrative; Sir John Hoskyns and Sir Adam Oately (Two Masters of the Chancery) were directed to take in Writing what he had said at the Bar which was not in the said Narrative, and to present it to the House at their next Sitting.
Next, Oliver Plunket was brought to the Bar, (being sent for from Newgate), who being asked "Whether he knows Edmond Murphy? he answered he did know him too too well." But denies that he gave him the Title of Chanter under him, though Murphy desired it.
And being asked, "Whether he did write a Letter to one Flemming, styling himself by the Name of Cox?" He confessed he did. And being also asked, "Whether he knew any Thing of the Plot and Conspiracy in Ireland?" He denied any Knowledge thereof. And further being demanded, "Whether the Duke of Ormond made him any Allowance of Money?" He denied that he ever had any from him; but "desired some Allowance might be made him in Prison, he having nothing of his own to live upon."
Remanded to Prison.
Then he withdrew; and was remanded to Prison, whence he came.
Fitzgerald's Narrative concerning the Plot in Ireland.
Then David Fitzgerrald was called in, and sworn.
Was asked, "What he could say concerning the Plot and Conspiracy in Ireland?"
Whereupon he made a Relation of what he knew concerning that Business.
Which being done; he was commanded by the House to put in Writing under his Hand what he had declared at the Bar, and deliver it on Saturday Morning.
Burke's Narratives against E. Tyrone, concerning the Plot in Ireland.
Next, Hobert Bourke was produced, and sworn at the Bar; and asked, "What he knew concerning the Plot and Conspiracy in Ireland?"
He said, "What he had to say he had put into Writing, for his better Memory;" which he averred upon his Oath to be the Truth.
Which were received, and read, as followeth:
"That, on or about the last Day of October, 1677, I was at Killmac Thomas, in the County of Waterford, in Company of one Richard Power Gentleman, and Thomas Samson Gentleman, Steward to the Earl of Tyrone; who after breaking Fast, &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's House at Corroghmore with the said Samson, who went into the Parlour, and acquainted him therewith. And the said Samson returned to me, told me, "that his Lord was at Supper with Strangers, and could not speak with me that Night; and desired me to come next Morning." Which I did accordingly. After Welcome, &c. his Lordship asked me, "What News?" I told his Lordship, "I presumed he had the best Correspondency in that Part of the Country; and that, for my Part, I had none worth his Lordship's Hearing." "I have, said he, received Intelligence out of France; where I understand that the French are very powerful; and that Parle vous Francee will be plentifully heard here ere long." I asked his Lordship, "What great Exploits the French King had done?" Done!" said he: "He hath done Wonders; and we may without Doubt call Him Defender 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 intended that Way, he would rather venture on England first than come hither." "I have received a Letter, said he, from one Robert Power, who studies the Law at One of the Inns of Court at London, that the French have a great Stroke in England already; and, says he, before you are Half a Year elder, the French will subdue both England and Ireland, 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 us all poor Subjects." "As for that, said he, I have made my Conditions for this Side of the Country; and if you will join with me, I will put you in a ready Way to get your 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 rolled up, and desired me to sign unto it; where, upon a sudden Glance, I read the Names of Paul Strange, 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 that, moreover, I never heard 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 the Scabbard to kill me; but he espied a Gentleman coming, which was Sir John Ponsonby'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 Corroghmor, and called to William Power a Brogmaker, and commanded him in all Haste to call John Daniell unto him, to inform against me, for that I had beaten the said Daniell in my own Defence Half a Year before; for which the said Daniell forgave me before Four Witnesses the next Morning after I had beaten him. Yet the said Daniell was forced to inform against me; and the said Earl threatened, "that if he did no, he should lose his Ears;" on which, I was disarmed, and by a Mittimus sent to Waterford 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 Corroghmore; which Bail the Earl of Tyrone refused. And his Lordship sent to the several Justices of the Peace, "that they should not bail me on any Account." And his Lordship said further, "That if I did not starve in Gaol, he would hang me the next Assizes." Then, going towards Waterford, I wrote a Letter to William Smith Esquire, "that he would speak to my Lord in my Behalf, to take Bail for me;" who promissed he would. But his Lordship refused to do the same, when I tendered Bail again; and then I was sent to Waterford Gaol the Beginning of November, and there remained until the 14th of March following, although I writ Five Letters to his Grace the Duke of Ormond, complaining to his Grace the Misusage I had received, and containing what further I had to say; which Letters either miscarried, or were taken up at the Post Office in Waterford, that the Lord Lieutenant never received them, as his Grace was pleased to tell me, &c.
A Second Information of Hobert Bourke was read, as followeth:
"Who further faith, That I was sent for by the Lord Lieutenant and Council in March following, and was ordered to attend the Court of the King's Bench, and the Earl of Tyrone to answer. I accordingly appeared there, and was charged by the said Earl's People, his Attorney Mr. Buckner, his Solicitor Thomas Cowdall, and one Mr. Carty Deputy Clerk of the Crown for Munster Circuit, where the forementioned Persons brought an Indictment against me, for stealing a Horse out of the County of Clare, 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 King's 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; and being bound to prosecute the said Earl at Waterford, at his own Door, and amongst his Tenants and Relations, I was discouraged from appearing there by several People, telling me "that I should never return from thence, in regard the said Earl had procured his own Counsel to be Judge of the Assizes, and his own Tenants and Relations to be Triers of the Matter." All which frighted me, that I chose rather to hazard my Recognizance and Forfeiture of my Bond, than to endanger my Life, which I understood was sought for: Yet, notwithstanding all Threats, I went to Waterford Assizes; but, finding the Earl of Tyrone and his Cousin Lieutenant Thomas Power lodging and dieting in the same House with the Judges, and being told in Waterford, "that if I opened my Lips against the said Earl, that I should not sleep that Night following, unless I slept to Eternity;" which Threats daunted me much, and wanting John McNamara's Assistance of Testimony, which, by Promise of Reward by the said Earl, he was kept from affording me, and not having then Mr. Samson nor Mr. Ivie their Testimony, which I thought material; all which I knew could discover much in this Matter; was the Cause I absented myself; thinking it would be better at the King's Bench, which Time those Persons before mentioned would be brought in. Further, in order thereunto, I wrote a Letter to the Judges Keating and Reynalls, that I was not then prepared to proceed, the Witnesses being not brought in; but, fearing the Letter should not be delivered, and not daring to go to the Judges Chamber by reason of the Earl of Tyrone's being there and his Friends and Servants, I went into the Court; where as soon as I appeared, the Lord Chief Justice called to the Gaoler, to take me into his Custody; which affrighted 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 Bailiffs, that I was glad to go into one Mr. Fuller's Tanhouse, near Waterford, and there staid all that Night. In the mean Time the Gaoler went 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 Slipp House in Killkeny Side and County, and went unto one Mr. William Wilkinson's House, an Innkeeper, who, about Four of the Clock in the Afternoon, told me, "that it was not safe for me to stay there in his House, in regard there was so great a Search and Inquiry made after me in Waterford." Whereupon I took Mr. Wilkinson's Advice, and went Two Miles on Foot towards Killkinny, intending to go to his Grace the Lord Lieutenant, who was then there, to acquaint his Grace with the Proceedings. But Major Richards's 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 Earl's Coachman William Finch, "that he the said Finch should acquaint his Lord of my going towards Killkinny;" which Letter I accidentally discovered; which caused me to leave the Road, and to go to a Place, The Gurteens, Four Miles out of the Way, near the Sea, where I was never before, and there to stay for Five or Six Days, until John McNamara, who had discoursed the Matter with the Earl of Tyrone, sent a Letter unto me, in which he said, "that the said Earl swore and damned 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, to the said McNamara, for my Linen and Portmanteau that were at his House; who returned the Messenger to me, with a Letter, without my Linen, wherein he mentioned, "that he would meet me the next Morning at Waterford, and have my Things 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 McNamara, his Wife, and Father in Law Teige Finican, at Mr. Garvie's House, I told him, "that I was ready to go on Shipboard for England." "Never trouble yourself further, said McNamara; for I will get a good Consideration, and Liberty to stay in Ireland." The aforesaid Finican promised me Twenty Shillings, and my Share of a Barrel of Beer, and his own Horse to ride Home, to alter my Mind for that Night; MacNamara 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 it was on my Lord Tyrone's Account they invited me. Two Days after my coming to Mac Namara's House, he went and informed the Earl therewith; and told me, coming Home from the Earl of Tyrone, "that the said Earl presented his Service unto me, and desired me to give Major John Butler and Mr. John Ronane a Meeting at a certain Place, in order to agree with me;" which Thing I imparted to Mr. Ivie, he living in the same Town with Mac Namara, Mr. Ivie desired me, "to have a Care and be wary, for Fear they should entrap me." I told Mr. Ivie, "I would go and see what they would be at:" In order to which Resolution, Mr. Mac Namara and myself met them the said Major Butler and Ronan, about Four Miles from Mac Namara's House, where Ale was sold; and reasoning the Matter together, the said Major Butler desired me "to desist troubling the Earl of Tyrone any further; and that the Earl would give me a good Farm and Stock, and as much Money as I pleased to name, so that it would not exceed 1000 £. Stock, Farm, and all, and would be bound for the Payment thereof himself, on Condition that I should desist further troubling of the Earl of Tyrone; and to say that Esquire Villiers, Captain Nicholls, Mr. May, Mr. Bradley, and Mr. Antony, were my Assistants and Promoters in this Discovery and Design against the said Earl. To which I answered, "that neither of the Parties mentioned, ever spake a Word to me concerning such Things in all their Lives, and if they did, I would scorn to be promoted to such an unjust Action by any-body whatever; and that I never charged the said Earl with any Thing but what he was pleased to tell and shew me himself." After they had kept me there until it was almost Night, then Major Butler sent Ronan Home to the Earl of Tyrone, with what News he had given him; and Major Butler came with me Home to Mac Namara's House, where we both laid together that Night. All which Discourse aforementioned I acquainted Mr, Ivie with. Then I resolved to go into England; but Mr. Ivie told me, "that it was not safe to go before I had the Lord Lieutenant's Pass." Now, upon that Saying, I knew not what to do, for Want of a Conveniency to apply myself to the Lord Lieutenant. And also being afraid to go alone, I then went to Waterford, where I met one of the Earl of Tyrone's Servants, named John Whelane, who told me, before Mrs. Gravics and her Servants, "that it stood me in Stead to run away at the Assizes; for, if I had staid, the Judges were resolved at least to crop my Ears." And Mr. Wilkinson aforenamed told me, "that the Judges were resolved to clear the Earl of Tyrone at the Assizes, and to take me along the Circuit, and, by the Help of the Earl of Tyrone, to get some Papists to swear something against me that would take away my Life if they could. I also writ a Letter to the Earl of Orrory, which the aforesaid Mr. Ivie was to carry to the said Earl, having Occasion of his own into those Parts; which Letter the said Ivie read before it was sealed. The Contents of the said Letter was, "To pray the Earl of Orrery to send for and examine the aforesaid Mr. Samson, who was in Youghall, near the said Earl; and to write to his Grace the Lord Lieutenant, desiring him to send for Mr. Samson, Mr. Ivie, and myself." But Mr. Ivic, being busy in ordering Harvest, could not go so soon as he intended to the Earl of Orrery's. In the mean Time, when the Earl of Tyrone could not by Bribes or otherwise prevail with me to desist, he then petitioned the Lord Lientenant against me; and, for Fear I should go into England to complain thereupon, a Pursuivant was sent to the Earl of Tyrone's first, and told him, "that he was to take his Directions for the securing of me; and being taken, I should be brought before the Earl first." And the said Earl, to cloak his Knowledge where I lay, as if he were ignorant of the same, sent several of his Servants to search after me; who all knew where I was, having often sent unto me before; who coming unto the aforesaid MacNamara's House about Ten or Eleven of the Clock at Night, the said Earl's Servants apprehended me, and bound me with Ropes. But, when I saw the Pursuivant, I asked him, "Whether he had a Warrant?" Who told me, "he was but a Spectator; and they, meaning my Lords Servants, were the Officers." And withal he bad me "take Leave of and last Farewell of my Friends." Then they brought me away from MacNamara's House Four Miles that Night; and next Morning they carried me, tied with Ropes, out of the Way we were to go, to Waterford, until they came to the Cross there; and then they went into Mr. Guddridge's House, an Innkeeper, and there staid me until the Earl's Friends in the Town and all the Officers of the Town were sent for, and come to see me in that Condition; and then they provided a lame unshoed little Garron for me to ride on, and tied my Legs under the Garron's Belly; and so carried me through the City, having many Spectators; and then carried me back to the Earl's House at Conoughmor, and so bound, where the Earl had many of his Friends gathered together, to see me in that Manner; and so left me to the Earl's Pleasure. After they had stayed me at the said Earl's after the Manner aforesaid about Two Hours, then they carried me on the Way to Carrishnashure; and Thomas Power, the Earl's Gentleman, rid before us to Creaghanagh, to Major Butler's House, to desire him to meet me on the Way; which accordingly he did, and asked me, as if he did not know, "What was the Matter?" I told him, "that I did not know." The Major asked me, "Could he speak with me in private?" I told him "that that was no sit Place for me to stay; for I was wet and dirty with riding so far in dirty Ways, without Boots, with my Legs tied." Then the said Butler followed me to Carignashure, and brought Mr. Ronan and Quarter-master Ely with him. The said Ely saying, "He knew all the Company, but me he did not:" I answered, "That he knew me too, if he would acknowledge it; but I was indifferent whether he did or no." "I know you so well, said Ely, that one Rope is too little for you." Then Major Butler and Ronane se I again to the old Way of corrupting me by Turns; and the said Major Butler promised me, "that if I would do as he before desired, that he would follow me next Morning to Killkinny, and get me rid of any further Trouble; and that there were People before me at Killkinny, that would be very glad that those forenamed Gentlemen should be brought in, to the saving of the Earl of Tyrone." But I refused, and scorned their Offers, notwithstanding the great Shame and Pain they put me to. Major Butler then took me by the Hand, and said, "Old Friend, farewell 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 that Health to go round. This Quarter-master Ely is Quarter-master of the Duke of Ormond's Troop; and charged by the aforesaid Mac Namara, in his Information, of being in the Plot, and to be a Major under the Earl of Tyrone for the French King.
"Who saith, That, about Two Years ago, when he was first examined about the Earl of Tyrone, Sir John Davis Secretary of State in Ireland, who had the examining of the Informant, told him, "that he knew the said Earl so well, that he would not believe any Thing that the Examinant said of the said Earl; and was very weary in hearing of the Information: and at every Word would thwart the Examinan: with cross Questions, to put him out of the right Way of stating his then Information: Which discouraged the Informant much, having no Witness to help him for a whole Year, until he procured an Order to apprehend Mr. Samson, Mr. Ivie, and the rest, who came in afterwards. And ever since, the said Davys used to interrupt us as much as he could; and at every Council or Committee, he and Judge Keating would stand up, and argue every Point of our Informations, as much as if they were the Parties accused. And the said Sir John Davys giving Copies of our Informations to our Adversaries as often as we delivered them; and as soon as Council or Committee broke up, the Earl of Tyrone or his People, had Notice of what was done for him or against him: But, if I offered ever so much, I could not get a Copy of his Answer. This Informant further saith, That at the First Trial he was to have with the Earl at Waterford, that the said Earl procured his own Counsel to be Judge of the Assizes, by Name Judge Keating aforesaid; both Judge and the Accused for High Treason lodging and dieting in one House and one Table. And the Informant had no other Evidence but himself besides the Rumcur of the People; saying, "that the Earl of Tyrone, with the Assistance of the said Judge, would procure something against the Examinant that may colour the taking away his Life;" which frighted the Informant, that, forfeiting his Bonds of Prosecution, to save his Life, did absent himself; and was told by Mr. Wilkinson, an honest Protestant, "that the said Judge was resolved, after he got the said Earl cleared by his own Relations and Tenants, to take me along the Circuit, and to get some Perjurers to swear something against me, to take away my Life;" which I found true, by so many Bailiffs and Constables searching after me, notwithstanding the Forfeiture of my Bonds of Prosecution, and my Letter to the Judges, telling them, "that I durst not appear, being so threatened; and that I expected more Witnesses, and would prosecute the said Earl at the King's Bench, Dublin, or else in England;" but all they could get was my Horse, which they kept.
"This Informant further saith, That he is in little better Hopes of Security here; for he cannot walk the Streets, for Fear of the Earl of Anglesey's People pointing and shewing me to such People as I do not know; which, on the said Earl of Anglesey's Account, might do me Mischief. And the said Earl should rather thank me; for many a Time I have prayed for him at Father Edmond Hagtherin's Mass; for the said Priest caused the Parishioners at every Mass to pray for his Highness the Duke of Yorke, Arthur Earl of Anglesey, and Richard Earl of Tyrone; who, as he said, while they lived, and the Earl of Anglesey was of the Council of England, he, nor none of his Profession, feared no Extirpation or Trouble; and not there only, but in every Parish in the Country, such Prayers may be heard now and then.
There being more Persons to give the Information concerning the Earl of Tyrone; it is ORDERED, They shall be heard on Saturday Morning next.
The Marquis of Worcester is added to the Committee for the Journal Book.
Bampfeild versus Vaughan.
Upon reading the Petition of Warwick Bampfeild Esquire; praying, "That his Appeal, lodged in this "House, may be revived:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Hugh Vaughan, Executor to Charles Vaughan deceased (who hath formerly been required to put in an Answer thereunto, which he hath not yet done) be, and is hereby, required to put in his Answer to the said Appeal, in Writing, within One Week next after Notice given him by this Order for that Purpose; and hereof he may not fail.
Fitzgerald examined about the Plot in Ireland.
Master William Hetherington was called in; and asked, Whether he had any more Witnesses to produce, to discover the Plot in Ireland:"
He desired, "That David Fitzgerald may be heard."
Who, upon Oath at the Bar, made a Narrative of what he knows concerning that Matter.
And the House commanded him put in Writing under his Hand what he hath now delivered, and deliver the same to the Clerk of the Parliament on Saturday Morning next.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 5tum diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.