DIE Martis, 4 die Januarii.
Domini tam Spirituales quam Temporales præsentes
Epus. Bath & Wells.
Epus. St. Asaph.
L. Privy Seal.
Duke of Albemarle.
Duke of Monmouth.
Duke of Newcastle.
Marq. of Worcester.
Comes Dorset & Midd.
Comes St. Albans.
Ds. North & Grey.
Ds. Grey de Wark.
Ds. Butler de W.
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."
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
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,
Taken before us, this 11th
of December, 1680.
"2. The Information of Murtagh Downy, Gentleman.
"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,
Taken before us, this
11th Day of December, 1680.
"3. The Deposition of James Nash.
"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
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
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
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 5tum
diem instantis Januarii, hora decima Aurora, Dominis