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 Sabbati, 6 die Novembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Bp. of Landaff takes the Oaths.
This Day William Lord Bishop of Landaff took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, in Pursuance of the Act for the more effectual preserving of the King's Person and Government, by disabling Papists from sitting in either House of Parliament.
Murphy's additional Information, concerning the Plot in Ireland.
Then the additional Information of Edmond Murphy, taken by Sir John Hoskyns and Sir Adam Oately, was read, as followeth:
"Edmond Murphy, of Killevy, in the Kingdom of Ireland, maketh Oath, That the Information given by him to the Committee of the Lords this Morning, and read in the House in the Presence of this Deponent, is true. And further saith, That, about December, 1679, this Deponent having been sent for to the Duke of Ormond, Lieutenant of Ireland, the said Duke demanded an Account of this Deponent of the Tories, and such as assisted them; which Tories this Deponent was bound to prosecute. And then this Deponent took Occasion to inform the said Lieutenant of the great Discouragement he had received in the Prosecution of the Tories, and how he had been excommunicated. And then the Lord Lieutenant asking him, "if he was excommunicated" he replied, "I suppose you know I am, and it is about that Plot which your Lordship knows of." And then the Lieutenant asked him several Questions concerning the Tories, but nothing more of the Plot. And further, that about February in the same Year, he, this Deponent, being in Dublin, and having received a Letter of Reference from the Lord Lieutenant to Sir Hans Hamilton, concerning such as assisted the Tories, this Deponent could not obtain a Pass of safe Conduct, for bringing in his Witnesses against the Tories, of Sir Hans Hambleton; and then repairing to Dublin, to complain of the said Sir Hans Hambleton's denying him a Pass for Witnesses, this Deponent was, next Morning after his coming thither, apprehended and imprisoned, by virtue of a Warrant from Colonel Laurence, a Justice of Peace, upon Suspicion of this Deponent's breaking Gaol. And being, in order to his Trial, before the Lord Chief Justice Booth, he, this Deponent, acquainted him, "that he had Matters of Importance to reveal." And the Lord Chief Justice commanded him "to attend him that Evening at his Chamber." Which this Deponent accordingly did, and informed him of Oliver Plunckett's Plots to destroy the Protestants (which Oliver Plunckett was then a Prisoner for); and "that this Deponent had discovered this Plot to Sir Hans Hambleton and others, and was therefore, he thought, imprisoned." And the said Justice Booth told him, "he should come to him another Time." But the next Day this Deponent was again charged with a Warrant from the said Lord Chief Justice, for Felonies, Treasons, Murders, and other Misdemeanors. And then this Deponent sent to Colonel Laurence aforesaid, to procure him to be brought before the Council, where in Two or Three Days he was brought; and this Deponent there tendered an Information, in Writing, for the Discovery of the Plot; which being read to the Council, this Deponent was ordered to put his Depositions in better Form; before which was done, an Order was passed for carrying the Deponent to Dundalk, where the Crimes he was accused of was said to be committed; but the Order being countermanded, he, this Deponent, remained in Dublin, and for One and Twenty Days together solicited and petitioned the Council for an Order to bring Witnesses to prove his Information, some of which Witnesses were aboard a Ship in the Haven of Dublin, bound for (as transported) to Jamaica: But this Deponent could not obtain any such Order till the Ship was gone. And this Deponent further saith, That he gave an Information to the Council against one Macarle, one Moyer, Calabr, and others, who have been since questioned here in England; but the Council in Ireland never took any Notice of this Deponent's Depositions; though particularly against Macarle he had informed, he had said in this Deponent's Hearing, "that if they had Arms, they would kill the Protestants in a few Days," and the said Macarle not being sent for, died in a few Days after; and that this Deponent had spoiled their Design in discovering. And Sir John Davis at the Council declared, "that there was never any such Persons in the World as this Deponent had informed against, and that this Deponent was not to be believed; and that Sir Hans Hambleton was never acquainted with this Business." And further this Deponent says, That the Witnesses who had been here in England, among whom this Deponent was One, upon their Returns into Ireland, were received by a Pursuivant, and put up Prisoners in a Garret for Three Days, where there was no Bed, and no Friends suffered to come to them, and kept close Prisoners, with very short Allowance of Diet. And further the Deponent saith not.
Jurat. 4° die Novembris, 1680.
Samson's Information against the E. of Tyrone, concerning the Plot in Ireland.
Thomas Samson was sworn at the Bar, and gave his Information concerning the Earl of Tyrone; which being demanded by the House to be put into Writing, he having it ready written, delivered it in, and declared that what he had said was contained in that Paper, the Contents whereof follow:
"The Information of Thomas Samson Gentleman, saith, That Doctor Oates having, amongst others, charged one Doctor Moore of being a Confederate in the Plot, on which the said Doctor fled from London into Ireland, to the Earl of Tyrone's whose Agent he was, about November 1678 (as he told this Deponent): The March following, the said Earl of Tyrone was summoned up before the Lord Lieutenant and Council, and upon an Information of one Mr. Hubert Bourke, who accordingly went, being attended with this Deponent, who was then his Lordship's Servant; the said Earl intimating to this Deponent, "that he intended, if he the said Earl could get clear of the aforesaid Charge against him the said Earl, or get ordinary Bail, that then he would immediately go for France, and leave his Estate to his Father-in-law the Earl of Anglesey, on whom the said Earl of Tyrone had settled his Estate some Years before." At the Earl of Tyrone's Arrival at Dublin, he was, by the Lord Lieutenant's Command, examined by Judge Jones, and Sir John Davis Clerk of the Council, who allowed him a Copy of the Examination, which this Deponent received. This Deponent saith, That, the same Night, the aforesaid Doctor Moore came to this Deponent, and enquired of him, "Whether he had seen the Examination?" This Deponent answered, "He had." The said Doctor Moore desired him, this Deponent, to acquaint him what the said Earl was examined to; saying, "that thereby he should know what was the Charge against the said Earl." This Deponent told him the said Moore, "That the said Earl was examined, whether the said Earl had received any Letter from one Robert Power Gentleman, of one of the Inns of Court in London, that mentioned that the French had a great Stroke in England already, and shortly would subdue both England and Ireland;" or Words to that Effect." The said Doctor Moore then told this Deponent, "That, if that Letter was found, the Earl was undone, and he also."
"This Deponent saith, That the said Earl of Tyrone being then bound over to appear the First Day of the next Term at the King's Bench in Dublin, and returned into the Country to his own House there; Doctor Moore and one Mr. Coppinger was his Bail.
"This Deponent saith, That the next Day after the said Earl's Return Home, the said Earl commanded this Deponent to write out a Letter of Attorney, of which the said Earl gave this Deponent a Copy, which was in the Earl of Angleseye's Name, to empower one Thomas Cowdell, the aforesaid Robert Power's Man, to take into his Possession the said Earl of Tyrone's Estate, both Real and Personal, for the Earl of Angleseye's Use; which accordingly the High Sheriff of the County of Waterford gave the said Cowdell Possession thereof.
"This Deponent saith, That the said Earl told this Deponent, at the same Time, "that he the said Earl of Tyrone would give the Deponent 1000 £. that he the said Earl was cleared of the Charge that was given against him."
"This Deponent saith, That the said Earl denied to assist the High Sheriff in the settling of the Militia, and, as much as in him lay, hindered others from doing the same; the said Earl saying, "that if the French were at Coolefin (meaning a Mile from his House), he the said Earl would not draw his Sword against them;" saying at another Time, "that if the King was pulled out of His Throne, he would not draw a Sword in His Defence."
"This Deponent saith, That, at another Time, the said Earl of Tyrone having entertained about the Time aforesaid an old Tory, one Owen Whelan, on his Lands; this Informant acquainting the said Earl "that the Protestants took much Notice of it;" the said Earl replied to this Deponent, "that he wished that he had 10,000 such Tories: A Time would come, when he should have Occasion to make Use of them."
"This Deponent saith, That, upon reading Mr. Coleman's Trial to the said Earl, the said Earl said, "That what Coleman had done, the said Earl would have done the same (if in Coleman's Place); and that the said Coleman suffered unjustly." And the said Earl shewed the Deponent a Letter from the aforesaid Robert Power, which said, "That it was Two Rogues that witnessed against the said Coleman."
"This Deponent further saith, That the Earl of Tyrone having a great Stable of Horses kept in the Earl of Angleseye's Name, the best of which was after sent to the said Earl of Anglesey, upon the said Earl of Tyrone's Impeachment, as this Deponent hath heard, and doth verily believe; the said Earl of Tyrone once wanting Oats for the said Horses, said to this Deponent, in great Anger, "that he the said Earl, had rather want Bread for his Table, than Oats for the said Horses; not knowing how soon he might be commanded on Service."
"This Deponent saith, That the said Earl did cause this Deponent to search the Woods of the said Earl, for Trees to make Pike Staves and HalberdStaves; but none of his Trees would serve: On which, the said Earl ordered this Deponent to take a Writing under one Humphry Snell the Workman's Hand and Seal, that was to make the Staves, "that the said Earl intended them only for his own Use, or to sell."
"This Deponent saith, That he saw several Letters, which were sent from the Earl of Anglesey to the said Earl of Tyrone, which instanced that the Duke of Yorke was well pleased with the said Earl of Tyrone's Proceedings; which this Informant acquainted the Lord Chancellor of; the said Lord Chancellor charging this Deponent not to speak one Word of the said Letters for his Life, saying, "if this Deponent did, he was undone for ever."
"This Deponent saith, Hobart Bourke aforesaid informing the Lord Lieutenant and Council of Ireland "that this Deponent and one Mr. Ivie could speak much relating to his the said Bourke's Information against the said Earl of Tyrone;" on which the said Lieutenant and Council issued out their Order for the said Ivie, and this Deponent to appear before the Lord Lieutenant and Council, which accordingly they did, and the said Deponent delivering the aforesaid Information, together with the said Ivey's, charging John Mac Manarah of being confederate with the said Earl; on which the said John Mac Manarah confessing the same, this Deponent, together with Hubert Bourke, John Mac Manarah, and Edward Ivy, was bound to prosecute the said Earl of Tyrone at Waterford Assizes following; the Lieutenant promising the said Deponent, "that there should be no Papist, Tenants or Kindred of the said Earl's on the Jury."
"The Information of Thomas Samson Gentleman, touching the Proceedings against the Earl of Tyrone and Wm. Bradley Esquire, at Waterford Assizes, the 10th of March 1679, before Sir Richard Reynolds and Wm. Davies Judges.
"This Deponent faith, That the aforesaid Judges did allow of Kindred, Papists and Tenants of the said Earl's, to be upon the Grand Jury.
"This Deponent faith, That the said Judges did deny this Deponent to allow him any Counsel that was then in Town, though he earnestly desired the same; and that the said Judges did allow the said Earl Two Counsel, and Three Attornies and Solicitors, to plead for the said Earl; who having Leave to except against the Jury as they pleased, which was against none but Protestants, the said Deponent excepting only against Tenants and Kindred of the said Earl's; but the Judges accepted of them upon their bare Denial that they were either Tenants or Kindred.
"This Deponent faith, That the said Judges did swear this Deponent, together with the Evidence aforesaid, to attend the Grand Jury. And this Deponent saith, That he went to the Grand Jury Chamber, where, after Three Denials by Jesper Grant One of the Jury, this Deponent was admitted in to the Jury; where this Deponent having his Examination before the Jury read unto him, he, this Deponent, found that all his Examinations were not there, and only Nine Examinations and Informations of above Twenty that were given to the Committee appointed for this Deponent, and the rest of the Evidence's Examination touching the Earl of Tyrone.
"This Deponent saith, That the Bill against the said Earl of Tyrone and Bradley being brought in Ignoramus, this Deponent prayed the Judges to call the Jury One by One, and to examine who was for finding the Bill, and who was against finding the Bill; and who of them of most Value for the King's Interest and Protestant Religion, they that were for finding the Bill, or those that were not.
"This Deponent saith, That the Jury was called over. The said Judge Reynolds asked the Foreman, "Whether they were all agreed?" To which the said Foreman answered, "That, according to the usual Custom of Juries, that is, by most Voices, they were agreed; but whether it were according to Law, he knew not." The Foreman also saying, "That there were Seven for finding the Bill, and Ten against it." And Jesper Grant aforesaid, One of the Jury, told the Judges, "That they found that what was against the said Earl was High Treason, but invalidated their Testimony; but gave no Reason for it."
"This Informant saith, That Judge Reynolds told him the next Day, "That the Earl of Tyrone had better given 1000 £. so as the Bill had been found." Sir Thomas Osborne, One of the Jury, saying, "That if the like Evidence had come against his Father, he would have found the Bill." The Foreman, Mr. Boulton, when on his Oath before a Committee appointed by the Lord Lieutenant and Council, said, "That he verily believed, that, if there had been as many Witnesses more, and as many Examinations more, they that were against finding the Bill would not have found it."
"This Deponent saith, That at that Time there was an Examination brought in, by Mr. Richards, One of His Majesty's Justices of the Peace of that County, of one Francis Katchett, who was employed by the said Earl of Tyrone to make Pike-staves and Halberd-staves for the said Earl; and that the Earl shewed him Heads to put thereon; on which this Deponent was examined, and, on Oath, gave it under this Deponent's Hands; but the said Judge Reynolds never gave it to the Lord Lieutenant and Council.
"And this Deponent saith, That, when he this Deponent was first examined before the Committee appointed by the Lord Lieutenant and Council, he, this Deponent, then told the Lord Chief Justice Keeting, "That if a Cupboard of the said Earl of Tyrone's was searched, that there were several Letters, that would fully discover where there was a Plot or no Plot." Which this Deponent the rather said, because he saw many Letters, and knew of the said Earl's Correspondency with Doctor Fogerty, and others mentioned to be in the Plot. But the said Earl's Cupboard was never searched, as this Deponent ever heard.
"This Deponent also told the same to Sir John Davies, Clerk of the Council; and also of the Letters wherein the Duke of Yorke was mentioned.
Upon this, the sail Thomas Samson was asked, "Whether the Judge did swear the Grand Jury for the Trial of the Earl of Tyrone, before he had excepted against any of them?"
He answered, "That he excepted against some of them before they were sworn, either as Tenant or Kindred of the said Earl; but the Judge swore them upon their bare Denial of it (being asked)."
Then he was demanded, "Whether he did see the Two Letters of the Earl of Anglesey to the Earl of Tyrone, mentioned in his Narrative?"
He answered, "He did see the Two Letters of the Earl of Anglesey to the Earl of Tyrone."
Mac Namarra's Information, concerning the Plot in Ireland.
Next, John Mac Namara was produced, to give his Testimony; and, upon Oath, gave in his Information.
And being asked, "Whether he had in Writing what he now had delivered?"
He said, "He had it in Writing; and delivered it in; and that it was all true, by the Oath he had taken."
Which is as followeth:
The Information of John Mac Namara.
"Who informeth, and saith, That William Bradley Esquire, One of His Majesty's Justices of the Peace for the County of Waterford, in the Year 1677, gave him, the said Informant, an Oath of Secrecy, touching the Plot intended and designed in Ireland, by the Earl of Tyrone and the rest of the Consederates, against the King's Majesty; at which Time he imparted to this Informant, "the Earl of Tyrone had received a Commission from the French King, to be a Colonel of Horse in the County of Waterford; and that the said William Bradley was to be his Lieutenant Colonel; and desired this Informant to provide himself with Horse and Arms, and to procure as many as he could of these he dare trust; and that this Informant should have a Command, of being a Captain under the said Earl and him."
"Whereupon this Informant did provide himself, and spoke unto John Follio, James Finicon, and Dennis Mac Namara, to provide themselves, with such Necessaries as were requisite for that Purpose; informing them also, "that Mr. Bradley did impart such Matters unto this Informant;" and who knew that the said Mac Namara had imparted such Matters to the said James and Dennis, who afterwards did confess the same to his Grace the Lord Lieutenant and Council, and before this Informant had Liberty to speak with them, or they with him, being then kept close Prisoner from any one of the King's Evidence.
"The precedent Examination this Informant gave, when, on a Petition preferred by the rest of the King's Evidence, this Informant was kept from any of the Earl's Friends, and from Quarter-master Ely, who was always with this Informant before, and not denied to be with him. But, on the Petition of the aforesaid Gent. then it was ordered, that this Informant should be kept close, and not to have any to come to him. This Informant was then very fearful to discover his Mind, because of the Guilt that was upon him, being concerned; which, after a Promise of Pardon if this Informant spake the Truth, he then resolved to discover, so far as he knew, though against himself; upon which, he freely declared his Mind in this following Examination.
"After the aforesaid William Bradley did impart to this Informant the aforesaid Treason, this Informant met with the Earl of Tyrone, upon the Lands of Gaveston, in the County of Waterford, with Two of his Men; (videlicet,) Thomas Power his Gentleman, and Garrett MacTeige his Follower, and another whose Name is Luke Power; this Informant having in Company with him one William Power and Boetius Clancy, being then abroad hunting with (fn. 1) Dogs. The said Earl, knowing this Informant at a Distance, called to him; upon which, this Informant went to him. The said Earl, taking this Informant from the Company, asked him, "Whether Mr. Bradley had imparted to him any Matter of Secrecy?" This Informant replied, "That he had." The said Earl then told this Informant, "That he must be very private, and discover it to none but those he was very sure of." After which, the said Earl drew a List out of his Pocket, and shewed this Informant a List of several Persons that were to be superior Officers, both in the County of Waterford, County of Corke, County of Kerry, County of Limerick, and County of Clare; which this Informant took special Notice of, and knew several of the Persons; and amongst the rest, the Earl entered my Name, with my own Pen and Ink, in the List; the said Earl telling this Informant, "He had his Commission given him from the French King, under Hand and Seal, to be a Colonel of a Regiment of Horse in the County of Waterford;" and said, "There was hardly a County in Ireland, but Persons were appointed by the French King for that Purpose;" and named, in the County of Limerick, Colonel Peirce Lacy; and the Lord Brittas, Sir John Fitz-Gerald, David Fitz-Gerald, and several others, in the County of Clare; John Mac Namara, and several others, in the County of Kerry; Sir Turlo MacMahan and several others in the County of Corke; and that the said Earl of Tyrone was to be Colonel in the County of Waterford, and Mr. Bradley to be his Lieutenant Colonel, Quarter-master Ely his Major, Mr. John Butler Senior his Captain, with the Names of several others of that Company, which he did not read unto this Informant; the said Earl saying, "They were to raise several Hundreds of Men in every County; and that the superior Officers were to meet, on Purpose to return an exact Account of their Forces to the French King; on which the said King would land many Thousands of Men on the River Shanan; and as soon as they were landed, the next Business was, to go to the City of Lymerick with 500 Men, and divided them into Two Parts; the one Party to enter the City at Candle-light, and that at several Gates; and such as best knew the City were appointed to set on the Guards, and put them all to the Sword; and the rest to be hard by the City, and to enter in immediately when the Alarm was given; and the Body of the Army to draw up as fast as they could. By which, said the Earl, we do not question but to possess ourselves of the City and King's Castle, and to banish the English very soon. And indeed, said the Earl, 'tis the Providence of God, to bring some Downfall on that unjust King, the Duke of Ormond and his Children, that wronged me in so high a Nature on the Account of Villiers. Therefore, said the Earl, go Home; lose no Time; but make yourself ready, for we know not how soon Occasion may require your Assistance; and speak to as many Friends as you can." Which accordingly this Informant did, and provided Horse and Arms for that Purpose.
"After Discovery made hereof by Hubert Bourke, as you may read in his Information, who partly knew the Proceedings, and, having discovered the same, was bound by Recognizance to prosecute the said Earl at the next Assizes at Waterford; he did, for Want of this Informant's and others Testimonies, absent himself from the Assizes unto which he was bound, and for other Reasons mentioned in his Examination.
"But, in a short Time after, the said Earl hearing that Mr. Bourke was going for England, to make his Application to the King and Parliament, the said Earl commanded this Informant to write unto the said Bourke; which accordingly he did, and signified in his Letter, "That this Informant would very willingly speak with him." But he not answering this Informant's Expectation, this Informant went himself to him at Waterford, and courted him to go along with this Informant to his House; which he prevailed with him to do.
"This Informant then hastened to the said Earl, and gave him an Account of his Proceedings; which the Earl liked very well: Whereupon he ordered Major Butler, and John Ronan, and this Informant, to confer with the said Bourke; and, at the Mill of Carryguinier, we met, and, according to the said Earl's Order, did offer the said Bourke a Farm stocked, together with a Sum of Money, so as that he would charge Mr. Villiers, Captain Nicholas, Mr. Bradley, and others, with suborning or prompting the said Bourke to prosecute the said Earl; and that he would acknowledge it; and Mr. Bradley aforesaid should confess the same, and that so Bourke and Bradley should be committed Witnesses against Villiers and Nicholls; upon which, the said Earl would bring an Action of Scandalum Magnatum against Villiers and Nicholls, for 40,000 £.; which was contrived by Mr. Andrew Lynne and Mr. Bradley, the said Earl's Friends; unto which the said Bourke refused to consent.
"Here it is to be observed, that Mr. Villiers and Captain Nicholls were at Law with the said Earl; and therefore the Earl did suppose the World would sooner believe what was laid to their Charge upon the Earl's Account, though falsely alledged against them.
"Bourk not accepting the aforesaid Proffers, the Earl then petitioned the Lord Lieutenant and Council, who sent a Summons for the said Bourke, and brought him to Dublin; and being examined of several Matters, he gave in his Information, and got also Mr. Sampson and Mr. Ivy to be summoned up, and to be examined; upon whose Examination, a Summons was issued out, against Quarter-master Ely, John Ronan, Major Butler aforesaid, and Laurance Swillivant, and this Informant, who were all sent for to the Council Board. Quarter-master Ely went first to the Earl's House, to have Instructions touching the Management thereof. The Earl also sent to his Gentleman, Mr. Power, for this Informant, he being then in Waterford. The said Power came to this Informant, and told him, "That the said Earl of Tyrone and Quarter-master Ely sent for this Informant, to the Intent he might repair to Dublin." And having no Horse with him at Waterford, the said Power, the Earl's Gentleman, provided this Informant with a Horse, on which he went with him to Currougmore, to the Earl's House, where this Informant met with the said Earl and Quarter-master Ely together.
"Upon which, the said Earl and Quarter-master Ely took this Informant into the Garden; and there did agree to send to John Ronan, who came immediately; at which Time the Earl and Quarter-master Ely did instruct us what we should say when we came to Dublin before the Council; and told this Informant the great Danger if he should discover any Thing of the Matter. But prossering an Oath unto us, and finding us unwilling to swear what they would have us to swear; the said Earl then told us, "that we should be absolved by Dean Power his Cousin, and the rest of the Clergy:" And after instructing us in the Garden for a considerable Time, the Earl gave this Informant a Horse, and gave John Ronan, Lawrence Swillivant, and this Informant, Money to bear our Charges to Dublin. And when we came there, we were maintained at the Earl's Charges, with Promises to get Bail for this Informant, if imprisoned; and we were there always accompanied with the Earl's Friends; who promised this Informant great Rewards, if he would conceal what he knew.
"This Informant also had Money from Quarter-master Ely, whilst he was in the Pursuivant's Hands; and several Masses were said in the Country for the Earl and this Informant, whilst this Informant continued from discovering; but since hath excommunicated him.
"But at length, Mr. Ivy and Mr. Samson petitioned the Lord Lieutenant and Council, to have this Informant kept close Prisoner, and to keep the Earl's Friends and Solicitors from this Informant; which accordingly was done. Now this Informant being by himself, and considering the evil Case he was in, God so touched this Informant's Conscience, that he confessed the Truth. Several other Things there are, relating to the Powers, concerning stealing of Horses, and providing of Arms for that Purpose; which is treated of in Mr. Ivye's Examination, and in James Finnican's; which Powers were examined on Oath before Sir John Davies, and since bailed out of Gaol by Means of Captain Morrice the Prosecutor, who now goes armed, mostly accompanied with the Earl's Friends and Kindred.
"James Finicon was by the said Mr. Bradley solicited not to confess any Thing against him; for which the said Bradley promised him a good Reward in Money, and was before the Committee; and did for some Time endeavour to conceal the Matter. But being kept from the said Bradley for a Season, in the Marshal's Hands, told the said Marshal, "That he would not be in Trouble for concealing others Treasons." He, the said Finican, desired to be carried again before the Committee, confessed the whole Matter; saying, "That if Mr. Bradley was put where he was, he would confess the Truth too." This astonished the said Bradley; forasmuch as the said Finican's Promise to the said Bradley, of concealing, made him the said Bradley to tell the Committee, "That he would be saved by the said Finican's Testimony."
"You may observe, that whilst this Informant denied to confess the Truth, and conceal the Plot, the Earl's Friends got a Petition writ against Mr. Ivy, to be preferred to the Lord Lieutenant and Council; (videlicet,) "That the said Ivy was a Man of ill Fame, and a dishonest Man; and that he knew nothing of those Treasons and Brigues beforementioned;" which Petition they gave the Informant, to send unto, or deliver unto, the Lord Lieutenant and Council. In the mean Time, this Informant being kept from them, his Conscience forced him to confess the Truth. He then shewed the Petition to the said Mr. Ivy; of which they were much ashamed, and would have denied it, but that this Informant justified it; and told who brought it unto him (meaning Mr. Michaell Roe); the Hand also being known. Which Way this Informant always observed they always made Use of; to endeavour to clear themselves, by calling in question the Reputation of their Accusers.
"This Informant saith, That, in the Year 16-6, one John Brenan, which was then lately come out of Rome, was made Archbishop of Cashell, Waterford, and Lismore; and that by the titular Primate of Ireland; the said Brenan producing Bulls from the Pope to the said Primate for that Purpose, together with several other Bulls brought over by the said Brenan, which Dean Power, the Earl of Tyrone's Kinsman, informed this Informant of, as hereafter is treated of. In the said Year, this Informant hath observed the tumultuous Congregations of Priests and Friars which resorted to Knock-house, a House of Entertainment, Three Miles Westward of Waterford: And that, in the same Year One Thousand Six Hundred Seventy and Six, this Informant took extraordinary Notice of it, being not a Thing so usual; but being in Company of several of the said Priests in the said House, and that at several Times, and especially with Dean Power aforesaid, who was next in Power to the said Bronan, this Informant began to enquire the Reason of their public Meeting so often, it being in Time of Persecution. The said Power made Answer, "That he would satisfy him as to that Effect, Patron-day, at Reske;" which, on Our Lady following, being within few Days after the said Time, (fn. 2) which accordingly he did, as followeth: The Congregations being gathered together to confess and receive the Sacramen: after the Popish Way, one Edmund Power, a Jesuit, preached a Sermon, which was to let the Corgregation understand, "that they had Indulgence from the Pope of Rome granted them, and Liberty to eat Flesh on Wednesdays." But, in the Conclusion, told them, "there was some Consideration whereupon this was granted, which the Priest of every Parish was to give in Charge to his Parishioners at the Time of Confession;" and proceeded no further. On which, the Priests fell to their Offices; which was, to confess the Congregation. And this Informant being then one of that Religion, this Informant confessed to the aforesaid Dean Power. But, in his Confession, the said Dean gave this Informant in Charge as followeth; "that he should not divulge to any Person whatsoever, on Pain of mortal Sin and Damnation, what he would impart to this Informant;" which this Informant promised he would not. With that he proceeded thus: "That the Consideration of the aforesaid Indulgence and Liberty was, that whoever was in Capacity to help and assist the holy Cause, designed and in Hand for a long Time, was to have great Preferments, together with the Benefit of the aforesaid Indulgences, which was a Pardon of Sins for many Years; and also that the Clergy of Ireland were to have the Benefits and Profits of the Tithes accruing out of each Parish, with the Glebes and Monks Lands, and Appurtenances belonging unto them, which the Heretics did wrongfully possess for a long Time; and that the French King, and the rest of the Popish Confederates, together with the Assistance of His Holiness the Pope, did intend immediately to invade the Kingdoms of England and Ireland; and doubted not but, by the Assistance of God, to fulfil it ere it be long; and to wash the Hands of Heretics out of the Estates of our Ancestors: For the Duke of Yorke gives full Consent, and is of our Side, together with the Assistance of the Earl of Anglesey, and several others Persons of Quality in that Kingdom, (fn. 3) whom we are ordered to celebrate several Hundreds of Masses; which he the said Dean had accordingly ordered all the Parish Priests within his Jurisdiction." After which Time, this Informant observed that there was several Masses celebrated in the Honour of the Earl of Anglesey, through the said County of Waterford. And also the said Dean said, "That the Earl of Anglesey did endeavour that the Parliament should not fit, with the Assistance of the Duke of Yorke, to prevent the Prosecution of Roman Catholics."
"In October, 1679, this Informant being then employed by the Earl of Tyrone to tamper with Mr. Bourke, as is set forth in this Informant's former Informations; the said Earl shewed him a Letter, from his Father-in-Law the Earl of Anglesey, wherein he read "that the said Earl made so many Friends both in England and in Ireland, that he need not fear what was laid to his Charge; and that he spoke to the Duke of Yorke about the same, which the Duke promised he would."
John Mac Namara."
Commyne's Information, concerning the Plot in Ireland.
Next, Eustas Commyne was produced upon Oath, as a Witness against the Earl of Tyrone, who presented what he had to say in Writing, which he averred upon his Oath to be true; which was read, as followeth:
The Information of Eustas Comyne.
"This Informant saith, That he lived with one Keadagh Maghea, being his Relation, in Carrignisury, in the County of Tippirary, in the Kingdom of Ireland, for Fourteen Years; and during that Time was privy to all his Concerns. Saith, That he did observe and see one Peter Kehow, and Thomas Kehow, of Carrignesury, Merchants, who dealt constantly for France, and the said Thomas constantly going to and from between France and Ireland, bringing several considerable Sums of Money from France, and delivered it to the said Keadagh Magher, he being appointed Treasurer, by Doctor Oliver Plunckett titular Primate of Ireland, John Brenan titular Archbishop of Cassell, and the rest of the Bishops of Ireland; and those great and vast Sums of Money were to be distributed to such Persons as the said Plunckett, Brenan, and Robert Poor Dean of Waterford, should order or direct the same to be paid to, for the carrying on that horrid Plot of the Papists in Ireland, for to introduce the French into His Majesty's Dominions, and to suppress the Protestant Religion in these Three Kingdoms. And the Distribution of a great Part of the said Monies was as followeth; (videlicet,) to Sir John Pownse'by, for to stand firm to that wicked and ungodly Design, 200£. and a great deal more was promised, whenever there came more Monies over from France; to the Earl of Tyrone 200£.; to Peter Cranesable, of Waterford, Merchant, 200£.; to John Wilsh, the Duke of Ormond's Lawyer, in the County of Tippirary, 400£.; to John Mandevell, of the same County, 300£., to Michaell Winn, of the same County, 100£.; to Robert Law, a Justice of the Peace in the same County, 200£.; to Francis Alcocke, another Justice in the same County, 200£.; to Michaell Carny, James Carny, John Carny, Morris Carny, and Bryan Carny, 100£. apiece; to Richard Purcell, of Turlesse, Merchant, in the County of Tippirary, 200£. This Informant saith, That there was a Meeting of Four and Twenty of the Romish Clergy, at a Place called Cloughnecully, in the County of Tippirary, who went from thence to wait on the titular Primate Plunckett, to the aforesaid John Wilsh the Lawyer's House, at Balltimery, in the County of Tipperary aforesaid, and consulted together, and agreed to give every Judge that would go the Circuit 200£., if they would take it, for to stand their Friends, and to be Surveyors against any Discoverer; and to every Justice of the Peace that would take it, 100£. And it was also concluded, by the aforesaid John Wilsh, Francis Alcocke, Robert Low, Justices of the Peace, that whoever should from Sun-rise to Sun-set destroy any of the Discoverers of that wicked and horrid Plot, should have 20£. and their Pardons; and also an Absolution from the Romish Church. He saith, That there was 200£. given, or secured, to Sir Wm. Davis, by Peter Lincy and Patrick Commerfort, for the Design aforesaid, he being then Judge of Clonnemell. This Informant, being an Eye-witness how the 200£. was secured to be paid to Sir Wm. Davis, and being satisfied on what Account the rest of the aforementioned Sums were paid to the aforenamed Persons, was touched in Conscience, and was resolved to discover all their Villany; and in order thereunto went to the aforesaid Alcock and Low, being Two Justices of the Peace, and demanded a Warrant of them, in the Presence of the Mayor of Clonnemell, for to apprehend Primate Plunchott, the Archbishop of Cassell, and Robert Poore the Dean of Waterford; the said Plunckett and the Bishop of Cassell being then at the aforesaid John Wilsh's House. The said Justice refused this Informant, until the said Justice sent Word to Plunckett and the other Bishop to be gone; and then gave this Informant a Warrant, who pursued the said Plunckett and the Bishop of Cassell to the County of Killkeny, to one Mr. Walter Butler's House, a Nephew of the Duke of Ormond's; who, meeting with this Informant, threatened him at a high Rate, and asked him, "How he durst come upon his Land?" That the said Mr. Butler gave his Pistols to one George Lee, with a Design to kill this Informant, and narrowly escaped with his Life. Soon afterwards, this Informant came to Dublin, and applied himself to his Grace the Duke of Ormond, and informed him of that horrid and wicked Design of the Papists; who promised this Informant a Protection; though this Informant petitioned often for the same, yet he was refused; insomuch that he was necessitated to go disguised in a Beggar's Habit, to the North of Ireland, for the Safety of his Life: But, being pursued by Sir William Davis, Plunckett, and the Archbishop of Cassell, to all Parish Priests, for to make a diligent Enquiry after this Informant, who finding him at Carricfergus, above 80 Miles distant from Dublin, was there committed to Gaol by one Captain Davis, a Justice of the Peace, where he remained for Three Weeks; until this Informant sent him the said Davis Word, "that he was taking the Advice of the Friar that was in his House for to destroy the King's Evidence;" on which he discharged this Informant. And this Informant coming at the least 80 Miles distant another Way backward for to shelter himself, to one Esquire Lambert's, in the County of Meeth, where he worked for his Living about a Month's Time, and understanding the Design of the Papists going on apace, went to one Serjeant Osburne, One of the King's Counsel, and discovered to him a great deal of the said Plot; but, instead of acting as the King's Counsel, or a loyal Subject, to the contrary, sent this Informant to the Gaol of Trim, in the County of Meeth, where he remained for Three Weeks, in a starving Condition, in Irons, until he was removed from thence to Dublin, and his Legs tied under the Horse' Belly, and then was brought before Sir John Davis, Secretary of State; who at the First Sight called this Informant Rogue, and said, "That he was in Prison at Carrickfergus." This Informant replied, "That it was by the unjust Means of his Brother, for discovering the Truth against him." This Informant being brought to the Council Board, the Lord Chancellor and Sir John Davis came to examine this Informant; who told them, "That he was not willing for to be examined by them, by reason the one was Sir William Davis's Brother, and the other his Father-in-Law:" Yet, however, to avoid all that they should pretend, this Informant told and discovered more to them than they were willing to hear. Then they returned this Informant to Prison; but was discharged the next Day, but by whose Means he cannot tell; neither could he get any Protection nor Safety; but, exposed to the Malice of his Enemies, this Informant went to another remote Part of the Kingdom, in the County of Limreck, with an Intent for to take Shipping, and to come for England, for to discover all their Villany; but being there discovered, was apprehended, and brought to Justice Crocker, who sent this Informant to Sir William King, who committed him to The Marshalsea at Limrick, until such Time as he would send to Dublin, to know how he was discharged there. But Sir William Davis coming Judge of that Circuit, and coming to Limrick, ordered this Informant to be sent to the Dungeon, where he continued Eight Months in a perishing Condition, until such Time as my Lord Chief Baron Hinn came that Circuit; and coming to Limrick, this Informant could not get a Petition delivered to him, but was forced to tie it on the Top of a Staff; and, as the Judge was passing by, reached to him out of a Window; and the Judge having perused it, and understanding the Cause of his Committal, was for to suppress his Evidence; which this Informant declared often that he would sooner suffer Death than conceal such a bloody Design, though he was often tempted, by offering him great Sums of Money for to conceal what he knew. The Popish Party, to prosecute their bloody Intent, did most barbarously murder the said Keadagh Maghea, who was their Treasurer, when they understood that he detected their Design, and turned Protestant, and was resolved for to discover all their bloody and horrid Designs. This Informant has more to discover; but first humbly desires that he may have his Pardon and Security.
Then Eustas Commyns was asked, "How he did know the Design mentioned in his Information was to bring in the French?"
He said, "His Master told him so."
He was demanded, "Whether the Sums of Money he mentions were paid or promised?"
He answered, "They were paid; and Two Hundred Pounds was paid to the Earl of Tyrone, for which he gave an Acquittance."
And he being asked, "Whether he did see any of the Sums paid?"
He said, "He heard them confess it."
He being further asked, "Whether he hath seen any Discharges for the Sums?"
He said, "He heard Peter Lynch confess he paid Monies to John Macdonnell, Adam Todin, Thomas Neale, John Butler, John Lucar, William Brenan, and others."
The Earl of Clarendon reported from the Committee of Examinations, "That Mr. Baldron was with them, and presented to them an Information concerning the Discovery of the Plot, which was signed by him."
The House caused the said Information to be read, as followeth:
Baldron, alias Bohun's Information, concerning the Plot.
"The Information of Robert Baldron, taken upon Oath, this 6th Day of November, 1680, before the Earl of Clarendon, One of His Majesty's Justices of Peace for the County and City of Midd'x and Westm'r.
Westm'r, ss. This Informant saith, That the Reasons why he did not discover his total Knowledge of the late horrid Popish Plot, having been formerly examined before His Majesty in Council, was, that the material Part of what this Informant hath now further to discover is chiefly concerning the Popish Lords Prisoners in The Tower. He, this Informant, therefore thought it convenient, and more for his own Safety, not to discover that Part of his Evidence, until this Honour able Parliament did sit, who must be the Lords Judges, either to acquit or condemn them. And this Informant, in Gratitude to His Sacred Majesty for his pardoned Life, as well as to clear his Conscience both before God and Man, doth acknowledge, and humbly confess, that, about the latter End of January, 76/77, one Thomas Twing, a Priest, and William Rushton, another Popish Priest, who was this Informant's Ghostly Father, came to this Informant's House, at Shippon Hall, in Yorkeshire; and did there examine him this Informant, "How he was affected and did like the Romish Religion, since he was of it; and, if there were any Occasion, what would he do for the Good of that Religion?" To whom this Informant replied, "That he was so well affected to the Romish Religion, that, upon any Occasion, he would venture his Life and Estate in the managing of any Design whatever for the Good of that Religion." They then added, "That they were glad to hear him, this Informant, in so good a Humour; and did heartily wish that all the Catholics in England were of this Informant's Mind.' And further did tell this Informant, "That all England would in a little Time be Roman Catholics; for that the Duke of Yorke, next Heir to the Crown, had renounced the Protestant Religion; therefore Force was to be used, for the more speedy bringing him to the Crown." But further added, "That, before this Informant could be any further acquainted with the Particulars of this Design, he, this Informant, must first take the Oath of Secrecy, which all good Catholics must take; for if any Catholic did refuse it, he could not be admitted to know of their Designs and Contrivances; for that Sir Thomas Gascoigne, Thomas Gascoigne Esquire, and other Gentlemen, had taken the same, and engaged themselves, and given Security for their respective Performances." This Informant then told them, "That he would not deny to take it, but would do as other good Gentlemen did; and would come when they pleased to take it, for he would obey his Ghostly Father in all Things."
"And on Candlemas-day 76/77, this Informant did go to Barmbow Chappell, where he did hear Mass, and take the Oath of Secrecy, and received the Sacrament from the Hands of his Ghostly Father, to be private, and keep secret the Design of killing His Sacred Majesty, and the Destruction of such Protestants as would not be of the Romish Religion; the true Copy of which Oath of Secrecy this Informant doth say is in Sir Gilbert Gerrard's Hands, a Member of the Honourable House of Commons.
"The same Day were hallowed by Mr. Rushton Two Pistols for him this Informant, which were to have been made Use of for the Destruction of the Protestant Party, if the Roman Catholic Religion had prevailed in England. There were also Bullets, Swords, Guns, and Pistols hallowed, for Thomas Gascoigne Esquire, and others, engaged in the Popish Plot.
"This Informant further faith, That, in the said Month of February, he had an Indulgence, or Pardon, of 30,000 Years given him, by the said Rushton his Ghostly Father, for his Encouragement in his Proceedings of being so zealous against His Majesty and Government; and that the Penance enjoined him, this Informant, was, to say every Day a Litany for the Intercession and Conversion of England: But, if this Informant did Twice a Day say this Litany, then should be each Day redeem a Soul out of Purgatory. This Informant hath heard his Ghostly Father say, "that some Catholics had their Indulgences for 50,000 Years, others a plenary Indulgence, to encourage them to be firmer to this Design;" such plenary Indulgence this Informant see, in the Hands of Mr. Mowbray, about the latter End of January, 76/77; and the Litany of Intercession this Informant will produce, if it be required.
"This Informant says, That the next Circumstance of the Plot, that he became acquainted withal, was the Reasons for the contriving of that Design; which are as follows:
"1. That His Majesty, being beyond the Seas, did promise the Monks and Jesuits to bring in their Religion, if ever He enjoyed His own again; and that it was upon Hopes thereof, whilst the Troubles were here in England, that so many of that Religion did venture their Lives and Estates for His Majesty; and thereupon the Monks and Jesuits did so plentifully supply His Majesty's Wants whilst beyond Seas. But, His Majesty coming Home again, and not performing His Promise, thereupon Father Harcourt, Whitebread, Fenwick, Corker, and other Jesuits, at Father Harcourt's Chambers, in Duke's Street, which was their usual Place of Meeting, and elsewhere, contrived this Plot.
"2. That His Majesty and His Subjects continuing obstinate Heretics, therefore the Pope had excommunicated His Sacred Majesty, and absolved all His Subjects from their natural Allegiance; so that it was lawful, and no Sin, to kill His Majesty, or any of His Subjects that did disown Allegiance to the See of Rome; and whosoever could kill His Majesty, should presently merit and enter Heaven, as a Reward due to him.
"3. That the Catholics in England did take the Oath of Secrecy, for the better carrying on of this Plot; and were obliged by that Oath to believe no Fidelity due to His Majesty.
"4. That his Royal Highness the Duke of Yorke, presumptive Heir to the Crown, is a reputed Papist; which made the Catholics more bold in the carrying on their Designs against His Majesty.
"5. That the Catholics in general did make collusive Conveyances of their Estates to their Protestant Friends: Sir Thomas Gascoigne Baronet made such a Conveyance to Sir William Ingleby Baronet, a Justice of Peace in the Country; Sir Miles Stapleton to Sir John Dawney, a Member of the Honourable House of Commons: So that, by making these collusive Conveyances, if they were discovered to be concerned in the Plot against His Majesty, then they had no Estate to lose; neither could His Majesty's Penal Laws any Way prejudice them; which was a great Motive and Encouragement to them for carrying on of this Design.
"6. Since His Majesty's happy Restoration, the Catholics having gained the Repute of being loyal Subjects, and their Designs against former Princes being buried in Oblivion, they were of Opinion, if any did discover their Intentions to destroy His Sacred Majesty, that His Majesty would not easily be induced to believe that they were projecting any such Design against His Person and Government. Besides, they would endeavour to procure the making away of that Person which should discover the Intrigues of their Designs, or at least to load him sufficiently with Infamy.
"7. That the Dutchess of Portsmouth being His Majesty's great Favourite, they questioned not by her Means to quash any that should discover their Designs to His Majesty. Besides, the Dutchess of Portsmouth doth discover constantly to the Roman Catholics such of His Majesty's Concerns as came to her Knowledge; as this Informant hath heard several of the Papists confess or declare.
"8. Indulgences and Pardons being granted by the present Pope, were great Motives to encourage the Papists to be active in this Design.
"This Informant says, That what he hath to say against the Lords in The Tower (is this;) that in August or September, 1677, Thomas Gascoigne Esquire, discoursing with Richard Sherbourne of Stonyburst Gentleman, did acquaint him with a Meeting that was at Father Harcourt's Chamber in 1676; where was present, himself, Lord Bellasis, Lord Petre, Lord Arundell of Wardour, some other Lords, and one Mr. Pierpoynt; where they did condition and enter into Covenant of 100,000£. a Man, to Mr. Whitebread, Father Harcourt, and other Jesuits, to bring in their Religion, either by fair Means, or else to use Force to bring their Religion into England.
"This Informant says, That he see a Letter from the Lord Bellasis and Lord Petre, the one as General, and the other as Lieutenant General, "that they had got conferred on Thomas Gascoigne Esquire the Government of Hull; which was presently after, at a Consultation held at Barmbow, ratified upon him." This Informant says, That none but those that had great Offices of Employ for the Furtherance of this Design did enter into 100,000£. Security, for their respective Performances.
"This Informant further says, That there was great Correspondence between Thomas Gascoigne Esquire, and the Lord Petre, and Lord Arundell of Wardour; and has in that Year seen several Letters come from the Lords aforementioned, which were directed to Thomas Gascoigne Esquire; but what were contained in them, he does not know: But says, That in the Year 1677, he see a Letter written by the Lord Bellasis, directed to Thomas Gascoigne Esquire, requiring another Collection of Money among them, for that the Design did go successfully on; and that he did not question but that in a little Time it would take Effect, for the King's Security of Himself would suddenly give them the Opportunity to cut Him off.
"This Informant also says, That in the said Month of July he see several Letters, from Whitebread, Harcourt, and Cornwallis, directed to Sir Thomas Gascoigne, which Letters were to the same Effect of the Lord Bellasis' Letter to Thomas Gascoigne Esquire, requiring their speedy Concurrence to the Request of a speedy Supply of Money.
"This Informant further says, That, presently after, there was held a Consultation at Barmbow Hall, where it was agreed that a Nunnery at present should be established at Dolebanck: But, as soon as the King was dispatched, the Nunnery was to be at Heworth; but at present to be at Dolebanck, to avoid Suspicion; Howorth being judged too near Yorke; which Nunnery was established, in Hopes their Plot or Design should take Effect; which was, to have killed the King, to alter the established Government, and to introduce the Roman Catholic Religion into England; upon which Account, the Company there present mutually resolved to venture their Lives and Estates.
"Sir Thomas Gascoigne gave 90£. per Annum for ever to the Nunnery.
"But this Informant faith, That, for the better carrying on of this Design, there was, in 1675, 1676, 1677, 1678, collected, in the Counties of Yorkeshire, Lancashire, Derbyshire, and Bishopric of Durham, the Sum of 30,000 £. for the carrying on of this Design of killing the King.
"This Informant further says, That, presently after the said Consultation at Barmbow Hall, another was held at Stonyburse Hall, in Lancashire; to which Consult did go Thomas Gascoigne Esquire, Mr. Tempest, Mr. Yorke, and several other Gentlemen. What several Proposals was made in that Council for the carrying on of the Design, he does not know. But says, as soon as Thomas Gascoigne Esquire was returned Home, he did hear him tell Sir Thomas Gascoigne, "That they had agreed that the French should first come to Humber, and seize upon Hull; that the Lord Bellasis, Thomas Gascoigne Esquire, Sir Miles Stapleton, were to bring in what they could procure, to the French's better Assistance; and that the Lord Bellasis had done what Prejudice possibly he could to Hull, to render it the more easy to be taken." And this Informant says, That accordingly a Messenger was to be dispatched into France, to give Notice of the Result of both Consults.
"This Informant says, That, about the latter End of August 1678, he see another Letter from the Lord Bellasis, wherein he did desire Esquire Gascoigne and the rest to be in Readiness, "for that there was no other Remora but the King; and that very suddenly they would dispatch Him out of the Way." And accordingly this Informant did, about Michaelmas, buy a Horse of Mr. John Wightman, which cost him Ten Pounds; and that his Arms for himself was a Cafe of Pistols, a good Sword, with a good Horseman's Piece; and that he did expect every Day to have been in Action; but that Doctor Oates's good Discovery prevented him.
"What this Informant doth further know of the Popish Plot, he refers himself to his former Informations, given by him, this Informant, to His Sacred Majesty in Council; whom God preserve from the Hands of Popish Conspirators.
Capt. et jurat. 6° Novembris, 1680, coram,
Fitz Gerald's Information, concerning the Plot in Ireland.
This Day David Fitzgerald delivered in his Narrative in Writing, concerning the Plot in Ireland, as he was directed by this House the 4th of November; which is entered, as followeth:
"The Heads of the Depositions of David Fitz Gerald Esquire.
"A general Design to rise (presently after the Act of Settlement passed), managed especially by John Mullowny titular Bishop of Killalow, towards which the said Mullowny received at Paris 100,000 Livres by his own Confession; and engaged Colonel Miles Ryley, Colonel Bourne, Colonel Cullen, Colonel Morta' O Brian, and Colonel Custellow, who lost his Head, upon the said Service.
"In 1673 and 1674, MacNamarra, Lacy, O Neale, Mr. Mahan Hurly, and others, coming out of France, under Pretence of raising Recruits for Colonel Hamilton; Lacy informed me, "That we should have the same Laws established in Ireland as in France;" gave me an Account how many Irish were then training up in France; and that our Welfare depended much upon the Success of the French Forces; for that 'twas Want of Conduct, not Courage, had ruined all their former Undertakings, to assert their Liberty, and regain their Rights; that, if they pleased, they might retrieve their former Losses; and that the French were too strong to be repulsed, as the Spaniards had been; which yet never had been, had the Irish observed their Stipulations on their Parts.
"O Neale told me, "That many young Gentlemen were upon travelling; and that, if they knew generally in Ulster how the Game was playing for them, he thought none would stay at Home.
"That he thought it dangerous for him to declare his Knowledge of the Affairs Abroad, and their Likelihood of Success, if they would but be ruled; for that all their Designs had lost their Effect for Want of prudent Management.
"Hurly trained Soldiers; and 'twas reported the like was done by Irish Gentry in several other Parts of the Kingdom.
"In 1675, Lacy came out of France, confirming the People, and assuring them "they should speedily see their Religion established there better than ever before; and that the Minute was nigh at Hand, on which their Fortune or utter Destruction depended." The same Year, upon a Report of the King's Death, many flocked out of France, giving Notice that they would be in Arms, and would now execute their Designs; which was prevented by His Majesty's Recovery. Whereupon they left Ireland, but returned thither shortly after, declaring "that there was great Industry used to breed a Difference between the King and Parliament; and they did not yet doubt of effecting their Designs."
"About 1676, Creagh, titular Bishop of Corke, came from France and Rome; said, "That the Pope had discharged the Irish Catholics of their Allegiance to the King, having no Right to Ireland but from the Pope; and that Right returned to him, the King being a Heretic; that the Articles concerning the Design were in the Hands of the titular Archbishop of Tuan, which would certainly be performed."
"There was a general Report for some Years, especially in 1675 and 1676, "that the Duke of Yorke should be King in 1678;" of which this Informant acquainted a Justice of the Peace as soon as he heard it. The said Justice, before the Lord Lieutenant, owned the same.
"About January, 1677, several Meetings for carrying on the Design.
"In February, 1677, a Letter from Sir John Fitz Gerald, to the Lord Brittas, to be his Lieutenant Colonel; hearing that the Lord Brittas had received his Commission; which Letter Sir John Fitzgerald owns to have sent.
"The English, observing the great Multitudes that flocked together, were much alarmed, and gave Orders for strict Watches to be kept through the County.
"In the Years 1676 and 1677, there were several Letters of Intelligence sent from one Part of the Kingdom to the other; but always under seigned Names.
"About May, 1678, Doctor Hetherman, being pitched upon to go Agent into France, Colonel Lacy was sent to Dublin, to confer with Colonel Richard Talbott and others there. He returned in August following; and within Three Days after his Return, there was an Assembly of the Popish Clergy of that Diocese, at which Colonel Lacy was present. And this Informant came at the latter End, so cannot say particularly what was treated there. But Colonel Lacy told me, how forward they were in carrying on the Design; and that Doctor Hetherman was a very fit Person to be employed in it in France and Rome. Hetherman walked afterwards with me in the Garden; and enquiring, "What the Strength of the Protestants in that County might be?" I answered him, "I could not guess." For which he discommended me; and drew out a List of Names, containing the Number of every Protestant and Papist in that County, which, he said, every Parish Priest returned Twice a Year to the Bishops;" and said, "he had a like List of several other Counties; by which List there were 15 Papists for One Protestant.
"He added, "He trusted in God, the Catholics of that Kingdom would not be long subject to heretical Government; and he would do his utmost to effect the Design." But he apprehended the County of Kerry to be the most convenient Landing Place for an Army, and pitched upon November following for the Time of the Army's Landing, and there would be several Forts delivered up to them; and they had appointed Persons that were strong enough to seize those which would not be betrayed to them.
"That this Design was so laid, that it must take; blaming the Irish for their ill Behaviour at all former ones; and that the only Way to effect it was a general Massacre, by rising all in One Night. Before Hotherman went for France, I acquainted Sir Thomas Southwell with this; and desired that he and his Papers might be secured: But he did nothing in it. Hetherman, Three Days after, went to France. I told him also the Names of the Officers appointed to carry on the Work; but he acquainted them what I had said against them.
"In November, 1678, there was Notice given throughout the whole Kingdom, to be in Readiness when the Army should land; and divers Consultations, where it was resolved that they should not do any Thing till the Army was landed, lest the French should not be punctual at the Day, and so the whole Contrivance be spoiled.
"The 20th of November, 1678, was the Day appointed for the Landing, and the 23d for the seizing Lymerick; when the Conspirators, by drinking with the Officers (of which Excess several died) had got such Familiarity with them, that they could come in or go out without Suspicion at all Hours of the Night. The same Method they used in Garrisons in Ireland.
"The Conspirators gave out, "that they were to have Commissions to raise Men, sometimes for Holland, sometimes for Tangeir," to prevent the Suspicions of their frequent Meetings.
"In March, 1678, Colonel Lacy told Sir John Fitzgerald, "That he was highly obliged to Sir Thomas Southwell, who had sent him Word, that I had informed against him concerning a Conspiracy." Who immediately told this to me, and bad me take Care of myself, for else it might cost me my Life.
"About the 26th March, 1679, I went to Sir Thomas Southwell's House, to charge him with the sending of the Message to Lacy. I not seeing Sir Thomas, told Mr. Piggott, his Son-in-Law, what Sir John Fitz Gerald had told me. He was very much concerned about it; and, in the Afternoon, brought me a Certificate from Sir Thomas Southwell, "that I never reflected upon Colonel Lacy, or any other Gentleman, in his Hearing." Next Day, Sir Thomas Southwell invited me to Dinner, and desired me, "to go to Colonel Lacy, and snew him that Certificate; for that it might be a Means to prevent my suffering any Mischief from them;" which (considering Sir Edmond Bury Godfrey's Usage) I did, and afterwards returned to Sir Thomas Southwell, who faithfully promised to acquaint the Duke of Ormond, or Earl of Orrery, with what I had told him. I returned Answer, "that now my Name is made Use of, I must justify myself; and the only Way that I knew to acquit myself of Misprision of Treason was, by declaring what I had from Time to Time informed him; which I would forthwith do, unless he could find out some Way to lay the whole Design open, without Prejudice to either of us."
"The Lord Brittas being examined before the Council in November, 1679, what Pretence he had for giving out he was to have a Commission; answered, "It was by the Earl of Orrorye's Interest (who was newly dead), who promised to procure him a Regiment for the Service of Holland;" but could not prove he had spoke with the Earl in several Years before, nor any Messenger that brought him the Message, or shew a Line under the Earl's Hand.
"Colonel Lacy confessed he had been at several Consultations, and particularly at that before Hetherman's going to France, who, he confessed, was appointed as an Agent for France; but he knew not about what Business.
"Mr. Eustace White acknowledged the carrying the before-mentioned Letter from Sir John Fitz Gerald, to the Lord Brittas.
"Mr. Piggott owned, "that I told him several of the Particulars, and all the other Part, in general Terms, in 1675 and 1676."
"John Gilbert, Clerk, owned the private Meetings of the Popish Clergy and Laity; and declared, "he thought it of dangerous Consequence to the English."
"John Hicks, the Innkeeper, at whose House most of these Things were transacted, did not own much of it; but it can be proved by Three Persons of Quality, who have not yet given any Evidence, that he told them, in the Year 1677, "that he was sure and understood, by the Company that came to his House, that there would be a sudden Alteration;" and several other Particulars to that Purpose.
"Sir John Fitz-Gerald acknowledged, "that Lacy had told him of Sir Thomas Southwell's Message in 1678, and that he acquainted me with it."
"Da. Fitz. Gerald."
Turner to apprehend an Irish Russian.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House be, and is hereby, required, by himself or his Deputy or Deputies, to assist John Turner in the apprehending, who is supposed to be one of the Irish Russians mentioned in One of His Majesty's late Proclamations concerning them; and this shall be a sufficient Warrant on that Behalf.
To Sir George Charnock Knight, Serjeant at Arms attending this House, his Deputy and Deputies, and to all Mayors, Sheriffs, Bailiffs, Constables, and other His Majesty's Officers, to be aiding and assisting in the Execution thereof.
Bill for clearing London, &c. of Popish Inhabitants.
ORDERED, That the Bill for the freeing the City of London, and Parts adjacent from Popish Inhabitants, shall be taken into Consideration on Monday Morning next.
Lodgers, &c. in London and Westm. Account to be taken of them.
Upon Report made by the Earl of Clarendon, from the Lords Committees for examining Matters relating to the late horrid Plot and Conspiracy, how far their Lordships have proceeded in taking an Account of Lodgers and Inmates in and about the Cities of London and Westm. and the Parts adjacent:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Justices of Peace, within their respective Jurisdictions, do meet every other Day for some Time, at convenient Places for that Purpose; and take an Account upon Oath from the several Housekeepers within their respective Districts, of what Lodgers and Inmates are in their Houses; and that the said Justices do from Time to Time give an Account thereof to the said Lords Committees.
Plunket to have Pen, Ink, &c. to write a Petition.
Upon Report made by the Earl of Clarendon, from the Lords Committees for examining Matters relating to the late horrid Plot and Conspiracy, "That Oliver Plunket titular Primate of Armagh in the Kingdom of Ireland, (who is close Prisoner in Newgate by Order of this House) prayeth that he may have Pen, Ink and Paper, to write a Petition to be presented to this House:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Oliver Plunkett be, and is hereby, permitted to have the Use of Pen, Ink and Paper, for writing such a Petition; and this shall be a sufficient Warrant on that Behalf.
To the Keeper of the Prison of Newgate, his Deputy and Deputies, and every of them.
ORDERED, That the Informations concerning Ireland be communicated to the House of Commons, at a Conference.
Message to H. C. for a Conference on the Irish Plot.
A Message was sent to the House of Commons, by Baron Gregory and Baron Atkins:
To desire a present Conference with the House of Commons, in the Painted Chamber, about some Informations relating to the Discovery of a horrid Popish Plot in Ireland.
The Messengers returned, and gave this Account:
That the Commons were risen before they came.
Address for bringing over L. Brittus and others, from Ireland.
ORDERED, That the Lord Chancellor be, and is hereby, desired humbly, from this House, to move His Majesty in Council, "That His Majesty would be pleased to give Order for the bringing over the Lord Brittus, Sir John Fitzgerald, Lieutenant Colonel William Bradley, and Colonel Lacy, out of the Kingdom of Ireland, in safe Custody hither; and also that Sir Thomas Southwell may be summoned out of that Kingdom, forthwith to appear here; and likewise that Money may be furnished, to defray the Charge of Witnesses to be brought out of Ireland hither, and their Support here, who are to give Evidence concerning the horrid Plot and Conspiracy in that Kingdom."
Plot in Ireland.
ORDERED, The Business concerning Ireland shall be taken into Consideration the First Business on Monday, and next after, the Bill against Popery.
Chichester Church Wardens against the Bp.
ORDERED, That the Church Wardens of the Parish of St. Peter the Great, in Chichester, who should have been heard this Day upon their Petition against the Lord Bishop of Chichester, are hereby appointed to attend this House on Tuesday the Ninth Day of this Instant November, at Ten of the Clock in the Forenoon, for the same Purpose.
Sir Wm. Walter and Countess of Sheppy.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Hearing of Counsel, which was appointed to be this Day, in the Cause between Sir William Walter and the Countess of Sheppey, concerning Privilege of Parliament, be, and is hereby, put off to be heard on Wednesday next, being the Tenth Day of this Instant November, at Ten of the Clock in the Forenoon.
Writs of Error brought in.
This Day the Lord Chief Justice of the Court of King's Bench brought in Three Writs of Error, to reverse Judgements given in that Court:
1. James Percy Plaintiff, versus John Blackston Defendant.
2. Robert Utting Plaintiff, versus Sir John Copleston Defendant.
3. Christopher Fletcher Plaintiff, versus John Legg Defendant.
Sayer & al. versus Regem.
Upon receiving the Petition of John Sayer and Thomas Blagrave, of London, Vintners; shewing, "That, by their Petition formerly lodged in this House, they, together with John Billingsley and Thomas Dyos, since deceased, appealed for Justice, against a Decree made against them and others, in His Majesty's Court of Exchequer Chamber, on the 25th of February 1674, in a Cause wherein His Majesty's then Attorney General was Plaintiff, and the Petitioners and others Defendants, concerning the Payment of 47, 881 l. 8 s. 9 d. by them to His Majesty; and other Matters in the said Appeal suggested:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners be, and are hereby, required to give Notice of their said Appeal to His Majesty's Attorney General; who is hereby appointed to put in an Answer thereunto in Writing, within Ten Days next after Notice given.
Grosvenor versus Cartwright.
Upon receiving the Petition of Fulke Grosvenor Esquire, and Mary his Wife, and Dorothy Cartwright an Infant (by the said Fulke Grosvenor and his Wife her Guardian) Children of William Cartwright late of Aynhoe Esquire, deceased, being an Appeal from a Decree and Dismission and several Orders of the Court of Chancery, made in a Cause there depending, between the Petitioners Plaintiffs, and Ursula Cartwright Widow and others Defendants; and praying that the said Defendants may answer thereunto:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Ursula Cartwright, and her Children Thomas and Rhoda, be, and are hereby, required to put in their Answer or several Answers to the said Appeal in Writing, within One Week next after Notice to them respectively given for that Purpose.
Noye versus Fortescut.
Whereas there is a Petition and Appeal of William Noye Esquire, and others, depending in this House, to which Sir Peter Fortescue and Dame Amy his Wife have put in their Answer; it being prayed this Day, by the Petition of the said William Noye, that a Day may be appointed to hear Counsel thereupon:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar of this House, on both Parts, upon the said Appeal and Answer, on Wednesday the Twentyfourth Day of this Instant November, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause timely Notice to be given to the said Sir Peter Fortescue and Dame Amy his Wife for that Purpose.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 8um diem instantis Novembris, 1680, hora nona Aurora, Dominis sic decernentibus.
Hitherto examined, this 16th of November, 1680, by us,