House of Lords Journal Volume 13: 4 January 1681

DIE Martis, 4 die Januarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir Charles Hoghton's Bill.

The Lord Privy Seal reported, "That the Committee for the Bill for rectifying some Mistakes in the Settlement of Sir Charles Hoghton have met, and heard all Parties concerned in that Bill, and have seen the Consent of Persons under their Hands; whereby the Committee hath received such Satisfaction, which makes them of Opinion, that the said Bill is fit to pass as it is, without any Amendment."

Hodie 3^a vice lecta est Billa, "An Act for rectifying several Errors and Mistakes in the Marriage Settlement of Sir Charles Hoghton Baronet."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

The Earl of Essex reported, from the Committee of Examinations, some Informations concerning the Affairs of Ireland, which were of great Concernment; which were read, as followeth:

Information of Morrish Fitzgerald, concerning the Plot in Ireland.

"Com. Lim. "The Information of Morrish Fitz Gerald Gentleman, taken before us, John Odell, and Nicholas Mouncton, and George Aylmer, Esquires, Three of His Majesty's Justices of the Peace for the County of Lymericke.

"The Informant, being duly sworn on the Holy Evangelists, saith, That, on or about Winter, 1676, after Captain Thomas MacInerina returned out of Flanders and France, whither he had been employed as Agent from the Irish Gentry, there was a very great Meeting at Colonel Peirce Lacy's House, at Curroe; where met, besides the said Colonel, the Lord of Brittas, Molowny the Popish titular Bishop of Killalow, Brenane the Popish Bishop of Waterford, Duby the Popish Bishop of Lymerick, Two Jesuits whose Names this Informant knows not, Sir John Fitz Gerald, John Power Son to David Power late of Kilbolane, John Hurley, Eustace White, John Bourke of Cahirmoyhill, William Bourke his Brother, Captain John Purdon, Captain Thomas Mac Inerina, Captain Richard Stephenson, Mr. David Fitz Gerald, this Informant, and several others whose Names he remembers not, where; and at which Time, the said Captain Mac Inerina gave an Account of the Effects of his Agency, and what Force the French King had promised to send over into this Kingdom of Ireland, which, to the best of this Informant's Remembrance, was to be about Twenty Thousand Men, and Artillery, Arms, and Ammunition, for Twenty Thousand Men more, which were to be raised in Munster; and they then and there consulted how the Twenty Thousand Men should be raised, and resolved it should be by their Clergy, made Computation, and appointed how many each Priest should raise in his Parish; and likewise appointed the Officers that should command. And says, The Lord of Brittas, Colonel Peirce Lacy, Sir John FitzGerald, John McNemara of Cratelagh, John Power, Captain Suillivance of Beerehaven, one Carty, and several others, were to be Colonels; that John Bourke of Cahirmohill was to be Lieutenant Colonel, and that Captain Thomas McInerina was to be Lieutenant Colonel or Major, to Captain Suillivance's Regiment; and that Captain John Purdon, Captain Richard Stephenson, Mr. John Hurley, and Eustace White, were to be Field Officers; and he hath heard, that Mr. John Anketill was to be Lieutenant Colonel; and that Mr. William Bourke, Mr. Theobald Dowdall, Mr. Oliver Stephenson, Mr. David Fitz Gerald, now in London, this Informant, and several others, were then appointed Captains; and that John Bourke of Ardagh, and several others, were appointed Lieutenants; and that John Dury and Thady Quin were to be Captains; and that Nicholas Bourke and many others of Lym. were then pitched on for the Surprize of Lym. whose Names at present he remembers not. And saith, That, on Notice from Captain Suillivance of Beerehaven, of the French Landing, there was a Massacre of all the English resolved in One Night, and Persons particularly assigned to the Massacre, or Murder, of every Family. And faith, That the Popish Servants in each Family were to betray and open the Doors, or some other Way let in those Irish, and so murder the English in their Beds; and after, if they could not surprize, they were immediately to besiege Lymericke. And saith, That by reason of the Emperor, the King of Spaine, and other the Confederates, joining and assisting the Dutch, the French King was hindered from sending over those Forces and Arms He promised; and so all Things were at a Stand, till about Michaelmas 1679, that all the forenamed Persons, and John MacNemarra of Cratelagh, John Anketill of Farrihy, Captain Levalin, and many others, met at Mr. Wm. Bourk's House at Lisnekilly, and continued there Two or Three Days together; and that the said Captain Levallin brought and produced a Commission for the raising those Twenty Thousand Men, and uniting them with what Forces should be sent out of France, and raised in other Parts of this Kingdom. And saith, he heard that the Earl of Tyrone was to be a General Officer, and Colonel FitzPatrick and Sir William Talbot were to have some Commands. And saith, That all then present at Lisnekilly bound themselves by strict Oaths, and by an Instrument under their Hands and Seals, to be true and faithful, and stand by each other. And saith, That the Plot is still going on, and that they have daily Hopes of the French King's invading; and that he hath heard, there was some Powder lately landed in the County of Clare, Side of the River of Shannon, and that he will labour to discover it. And saith, That he hath some Papers which he will peruse, and hopes by them other Things may come to his Memory, which he will be ready to add to this Information. And further saith, he hath been told that David Fitz Gerald discovered the said Plot both to Sir Thomas Southwell and John Pigott Esquire. And this Informant saith, That in Case this Information should be known, he and his Family are in Danger of being murdered.

"Morrish Fitz Gerald.

"A true Copy,

"Ma. Barry."

Taken before us, this 11th of December, 1680.

John Odell.

Nicho. Mounckton.

Geo. Aylmer.

"2. The Information of Murtagh Downy, Gentleman.

"Com. Lim.

Downy's;

"The Informant, being duly sworn on the Holy Evangelists, saith, That, about the Year 1671, one Mr. Hunt coming to Ardagh, in this County, where he had a Lot, the greatest Part whereof was in the Possession of John Bourke of Caturmoghill, and of Captain Richard Cullum since deceased; and the said Hunt advising with this Informant's Father how he might recover the Possession of the said Lands, this Informant's Father advised him to let it to the said Captain Cullum for Eighteen Pence the Acre, by which Means he might recover the Possession, which otherwise he feared he could never do. And saith, The said Hunt told this Informant's Father, "he would be advised by him;" and accordingly sent him to Captain Cullum with the said Message; which the said Captain Cullum accepted of, and, in order to it, came with the Informant's Father, resolving to agree with the said Hunt; but calling at John Bourk's House at Cahirmoyhill, and advising with him, the said Bourke told him, "it was ill; that he ought rather to join and keep out the English and Londoners from getting Footing amongst them; and if he would have but a little Patience, they should all be restored to their Estates." Whereon the said Cullum told this Informant's Father, "he would not meet the said Hunt;" and charged him to tell him, "he was not at Home, and could not see him." And saith, he knows the Irish Gentry hath ever since, from Time to Time, had Agents in France, imploring Assistance from the French King. And saith, That in or about 1675, one Ulick Macelegott, this Informant's Kinsman, designing for Holland, to his Brothers then in Command there, he went with him to Limrick, where they met Captain Thomas MacInorina, who told them, "he was likewise designed over, and would sail in the same Ship." And having agreed with the Master of the Ship for their Passage, and the Master being resolved to fall down the River with the Tide as far as the said Captain MacInorina's House, the said Captain invited the said Maciligot to his House; and this Informant went thither with him, resolving to see him a Shipboard; and staying there some Time for a Wind, he observed the said John Bourke, Captain John Purdon, and in a Manner all the Irish Gentry of the Country, coming to the said Captain MacInorina; and, by their Discourse, which he overheard, knows that the said Captain MacInorina was employed by them Agent to the French King. And they knowing he understood their Design, the Wind coming fair, and the Ship riding in the River near the House, they resolved in the Morning to force him a Shipboard, and to carry him over with them; which he getting accidentally Notice of, stole away that Night, and so continued in this Kingdom. But, after the said Captain MacInorina's Return, he knows all that the former Informant Morish Fitzgerald hath deposed to be true, and agrees Word for Word with him. And further saith, That during the last Sessions in Limricke, he hath heard that Colonel Peirce Lacy, John Macknimarra, John Bourke of Cahirmoghill, and William Bourke his Brother, Captain John Purdon, Captain Thomas MacInorina, Captain Richard Stephenson, John Hurley, and Eustace White, met at John Hick's House in Rakeile, where they consulted how they might weaken or make void David Nash's Information against them. And saith, he being in Limricke on Friday after the Sessions at Edward Ivye's House without the Gates, drinking with Theobald Dowdall; the said Theobald Dowdall said, and told this Informant, "that he was endeavouring to serve those Gentlemen impeached; and if he could not do it then for them, it would never be done;" and kept this Informant most Part of the Day with him; and told him, when he parted with David Nash in the Morning, "he had sent his Gossip Pat Pepper to the said David, and thought his Stay long, without hearing good News from them;" and said, "I fear, my Gossip cannot prevail; I must go myself, and try what further I can do with him." And saith, suddenly after, whilst they were in Company, the said Theobald Dowdall received a Letter, which he was a long Time a reading, and then said, "he must go back into Town." Whereon this Informant asked him, "From whom that great Letter was?" The said Theobald Dowdall answered, "It was from his Wife, to sell some Butter." But the said Theobald laying down the said Letter by him, this Informant opened it, and saw about Sixteen Hands and Seals to the said Letter; which the said Theobald perceiving, catched the said Letter from this Informant before he could read it. And saith, That the said Theobald Dowdall did then tell this Informant, "that Nash, &c. would lay the Plot or Contrivance on Captain Jo. Odell and Captain Tho. Walcott;" and verily believeth that the said Letter was an Engagement from the impeached Gentlemen, assuring a Bribe or Reward to the said David Nash for the doing of it, And further saith, That the said Theobald told this Informant, "That all the Gentlemen aforenamed had unanimously consented and imposed 2 s. 6 d. as Fine on any of them that should fail of meeting any Day they appointed to consult in;" and told this Informant, "he as duly paid the Fine of 2 s. 6 d. for every Neglect, as if it had been imposed at the Assizes or Sessions." And saith, That being some Days after at Tallow, on Nashe's Appearance at Kilkenny, before his Grace my Lord Lieutenant, and before the disowning his Information was publicly known in this Country, and being in Discourse with Captain Purdon's Daughter concerning Nashe's Discovery, she said, "Captain Odell thinks himself safe; but Nash and the rest will swear the Plot against him and Walcott." And further saith, he knows Sebastian Creagh was present at their Consults, and privy to the Plot; and hath heard that he was, Friday and Saturday before Nash went to Kilkenny, tampering with him; and utterly believeth it was he, Theobald Dowdall, and Patrick Pepper that prevailed with Nash to disown his Information.

"Mortough O Downy.

"A true Copy,

"Ma. Barry."

Taken before us, this 11th Day of December, 1680.

John Odell.

Nicho. Mouncton.

Geo. Aylmer.

"3. The Deposition of James Nash.

and Nash's.

"James Nash, of the County of Limrick, deposeth, That, about Four Years ago, Captain John Purdon, after he had heard Mass, took this Deponent aside, and, after several inconsiderable Discourses, questioned this Deponent, "why he did not go into France, being the only Place to improve him, and make him a compleat Man; for that there was like to be troublesome Times, and there would be Want of such improved Men?" But, being no further pressed at that Time, this Deponent took little Notice thereof. Soon after, this Deponent being at Mass in the said Purdon's House, Burgatt a Priest applied himself to this Deponent, much after the Manner Purdon had formerly; and in Conclusion commanded this Deponent "to go to Captain Thomas McEverye's House, for there he had somewhat material to impart unto him;" and immediately after they had dined there, the said McEvery took this Deponent aside, and, after having sworn him to Secrecy, discoursed with him as followeth: "You know, said he, that the King, at Breda, before His Restoration, promised the Irish Gentry to restore them to their Estates and Religion; but, since this is not performed, we have designed to cast off the English Bondage, and to free ourselves from their Slavery, and to recover our Estates and Religion: When this is done, you shall have your Father's and Uncle's Estates in Lieu of your Services, for I intend you shall be my own Lieutenant; for I am to have a Regiment, by which Means I shall have an Opportunity to advance you; for the King of France hath promised us Aid of Ten Thousand Men and Twenty Thousand Arms, to carry on the Design." At this Time, the said McEvery gave this Deponent a Case of Pistols, and about Thirty Shillings in Money, to carry Two Letters to Colonel O'Sullivan, at Beerehaven; and directed him, "that if this Deponent should be questioned on the Way, to declare he belonged to the Army." Accordingly this Deponent delivered his Letters, and returned with Answers; pursuant whereunto, Captain Every went to Captain Purdon's House, where was a great Meeting of the Popish Gentry of the Country, who rejoiced much at the Answer of the said Letters; but what they were, this Deponent knoweth not; but that at that Time they were sworn to Secrecy upon a great Book, which this Deponent thinks was The Life of the Saints; videlicet, John Purdon, Thomas McEvery, Eustace White, John Hurley, John Bourke, with many others which this Deponent hath forgot at present: That there were several other Meetings, sometime at Mr. Everye's, sometimes at Purdon's, where they usually drank a Health, "To the Prosperity and good Success of the Design." After which, they all kneeled down, and said an Ave Maria, with other Prayers.

"That this Deponent, going another Time to Beechhaven with Letters, saw in the Harbour a French Man of War, who, as this Deponent was informed, came on Purpose to found the Harbour, and to try the People's Minds, and the Posture of their Assistance if there were an Occasion. Upon this Deponent's returning to Mr. Everie's with an Answer, there was another great Meeting of the Gentry, and great Rejoicing at the said Sullivan's Answer. Not long after this, the Deponent went again to Sullivan; but, at his Return with Letters, their Countenances were much changed to what they were formerly; for this Deponent was given to understand, "that the French King, being involved in a War with the Emperor and Spaniard, could not possibly spare those Assistances He had formerly promised, for that He rather wanted Men to supply His own Army;" so that, for a long Time, this Affair slept, having no Encouragement from Abroad: But of late, by the Industry of the Priests and some other great Agents, their Designs begin to take Life again; having Assurance that the French King, being at Peace with His Neighbours, will in a short Time make good His Promise as to His former intended Aid. That this Deponent, reflecting with much Reluctancy on the said Subject he was engaged in to the Ruin of the Nation, applied himself to Father Brodeene the Parish Priest, and, in Confession, desired to be absolved of his so heinous Offence, in being assistant to the Disturbance of the Kingdom. Upon which, the said Priest bitterly curst him, commanded him to Secrecy; and "that, if he did desist from carrying on the Design, he should be eternally damned." Some little Time after, this Deponent, being from Home, had his House broke open, robbed of his Money, the aforesaid Pistols, and all his Papers, wherein he had kept a Catalogue of all the Names, and the precise Times of the several Meetings, Swearings, &c.; by which this Deponent guesses, that the Priest had acquainted them with his Confession."

Sir Jo. Fitzgerald examined.

Next, Sir Jo. Fitz Gerald was brought to the Bar; and asked, "Whether he knew Colonel Peirce Lacy; and whether he was not at a Meeting at his House, in 1676, with MacInerina and others:"

He answered, "He knew Colonel Lacy; but was never at any Meeting with the said MacInerina, nor any others at his House."

Peirce Lacy examined.

Also Colonel Peirce Lacy was called to the Bar; who, being asked, "Whether MacInerina was at his House at any Meeting in Winter 1676?" answered, He was not."

And being further asked, "Whether the Lord Brittas, Sir John Fitz Gerald, or the titular Bishops of Waterford and Lymerick, were there about that Time at any Meeting?" He answered, "They were not."

And being asked, "Whether he knew Captain Suillivan of Beerehaven?" He said, "He did not;" but saith, "About Eighteen Years since, he did see Suillivan More; and knows John Bourke and John MacNamara."

Wm. Bradley examined; and

Afterwards, Lieutenant Colonel Bradley was called to the Bar; and asked, "Whether he was not to be an Officer under the Earl of Tyrone?"

He answered, "He hath heard so;" and said, "he is a Protestant, and a Justice of Peace, and is descended from English Parents."

confronted with MacNamara.

Then John MacNamara was called in; and being asked, "Whether he knew the said Bradley, and what he knew of him?" said, "He knew him to be a Conspirator in the Irish Plot; and that he held great Correspondence with the Papists in Ireland; and that he told him that he was to be Lieutenant Colonel to the Earl of Tyrone, and also told him he should have a Captain's Place." But Bradley denied "that he ever had any Acquaintance with him, nor had seen him but at Assizes and Sessions; nor had ever been in his Company, except once that he went to his House to disarm him."

The said John MacNamara averred, "That he had been acquainted with him Ten Years; and that he had been a whole Night in his Company at White's House." Then the said Bradley confessed, "that he was there, and lay there that Night."

Vote, that there is, and hath been, a Plot in Ireland.

Then it was moved, "That this House would declare their Sense of the Condition of Ireland."

Which was as followeth:

"Resolved, by the Lords Spiritual and Temporal, , in Parliament assembled, That they do declare, They are fully satisfied, that there now is, and for divers Years last past there hath been, a horrid and treasonable Plot and Conspiracy, contrived and carried on by those of the Popish Religion in Ireland, for massacring the English, and subverting the Protestant Religion, and the ancient established Government of that Kingdom."

ORDERED, That the Concurrence of the House of Commons be desired to this Declaration.

Message to H. C. with the Vote.

A Message was sent to the House of Commons, by Sir John Coel and Sir Tymothy Baldwin:

To deliver them the Declaration concerning Ireland, and desire their Concurrence thereunto.

Sir Jo. Fitzgerald et al. to be committed.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Attorney General do peruse the Informations read this Day, and draw Warrants for the Commitment of Sir John Fitz Gerald, Colonel Peirce Lacy, and Lieutenant Colonel Bradley, as may be available in the Law; and attend the Judges, for their Assistance therein; and present the same to the House To-morrow, at Ten of the Clock in the Forenoon.

ORDERED, That Sir John Fitz Gerald, Colonel Peirce Lacy, and Lieutenant Colonel Bradley, do remain in the Custody of the Pursuivant as now they are, until this House gives further Order.

Rogers versus Gawden, &c. in Error.

Upon reading the Petition of Thomas Rogers, Defendant in a Writ of Error depending before this House, wherein Sir Dennis Gawden Knight, Sir Denny Ashburnham Knight and Baronet, Abraham Jaggard Esquire, Benjamin Gawden Esquire, and Jonathan Gawden Esquire, are Plaintiffs; who, on the 20th Day of December last, brought their Writ of Error into this House, and have not assigned Errors therein within Eight Days, as they ought to do by the Rules of this House:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Dennis Gawden, Sir Denny Ashburnham, Abraham Jaggard, Benjamin Gawden, and Jonathan Gawden, do, on or before Friday next, being the Seventh Day of January Instant, assign Errors upon the Transcript of the Record brought into this House; or else the said Transcript shall be remitted, and Judgement affirmed.

Sir Oliver Butler versus Regem, &c. in Error.

Upon reading the Petition of Sir Oliver Butler Baronet; shewing, "That he having brought a Writ of Error into this House, for the reversing a Judgement for the vacating His Majesty's Letters Patents, upon which Writ Counsel were heard; and it was ordered, That the Judges should be attended with the Record, and a Day appointed for their delivering their Opinions thereupon; and praying a Day may be appointed for the same:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do give their Opinions thereupon in this House, on Tuesday next, being the Eleventh of this Instant January, at Ten of the Clock in the Forenoon.

Smith, Printer of the Libel called a Speech, &c. examined.

Francis Smith appeared at the Bar, according to the Order Yesterday.

And being asked, "Whether he printed the Libel, intituled, A Speech lately made by a Noble Peer of the Realm;" he desired to see it.

And it being shewed him, he said, "he hath Three or Four several Impressions of it."

But being asked, "Whether he sold any of them?" he desired to be excused from accusing himself.

And being asked, "Whether he had seen the Copy of it in Writing?" answered, "he hath heard of it."

Upon this, he withdrew: and the House made the ensuing Order:

Attorney General to examine into the Matter.

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Attorney General do inspect the Matter of Francis Smith's printing a seditious Libel, intituled, "A Speech lately made by a Noble Peer of the Realm;" and if he find Ground for a Prosecution, that he proceed against the said Francis Smith according to Law."

Janeway versus Bedford.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause which was appointed to be heard on Thursday next, wherein William Janeway and Robert Dickins are Plaintiffs, and Thomas Bedford and others are Defendants, shall be heard, by Counsel on both Parts, at the Bar, on Wednesday, the 12th Day of this Instant January, at Ten of the Clock in the Forenoon.

ORDERED, That all Causes shall come in Course one after the other, as they now stand.

Warcup versus Rowney.

The House being moved, "That a Day may be appointed, for hearing the Cause upon the Appeal of Edmond Warcupp Esquire, brought into this House, and the Answer of Thomas Rowney Esquire, Executor of Edward Twyford, put in thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, upon the said Appeal and Answer, on Thursday, being the Twentieth Day of this Instant January, at Ten of the Clock in the Forenoon; whereof the said Edmond Warcup is to cause timely Notice to be given to the said Thomas Rowney for that Purpose.

ORDERED, That the Bill, prohibiting the coming in of Scotch Cattle, be read the Second Time To-morrow Morning.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 5^tum diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.