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justice_n bench_n court_n king_n 6,144 5 4.1238 3 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A34683 A narrative of the popish plot in Ireland for the murdering the Protestants there, and the introducing of popery : and the assistance they depended upon from England / discovered by me James Carrol, in the year 1672 ; with an account of my sufferings for discovering the same. Carol, James. 1681 (1681) Wing C644; ESTC R12089 13,892 16

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the aforesaid Indictment But as if all these malicious and most vexatious proceedings had been nothing this Informant was again arrested the fourth of November following in an Action of Ten thousand pounds in the name of William Earl of Clanrickard and thereupon being hurried to prison within four days procuring Bail he was again detained on another Action in the said Earls name of Twenty thousand pounds bearing date the eighth ditto and being ready to come forth again was a third time detained at the said Earls suit in an Action of Thirty thousand pounds in all amounting to Sixty thousand pounds laid upon him on purpose to ruine him utterly And further saith That within fourteen days or thereabouts after the Informant procured a Habeas Corpus to be brought to the Common-Pleas Bar where tendering Bail to all the said Actions the said Earls Council moved for time to consider of the sufficiency of the said Bail which was granted them till the next day when and where this Informant was again brought and then the said Earls standing Council told the Judges That they had no directions or instructions to prosecute this Informant from the said Earl and that they conceived some persons had prosecuted him out of malice only to curryfavour with the said Earl and therefore desired he might be discharged of the foresaid Actions and accordingly he was discharged paying his Fees but then left without all remedy to recover his charges and damages the said Earl being at the said Bar declared to be no prosecutor tho' the said Actions were in his name and carried on by secret order as this Deponent has all the reason in the world to think and does most assuredly believe But all these vexations sufficed not but being fully resolved on the destruction of this Informant and a discouragement to others For his innocence though zealous in performance of his duty in revealing the said Treasonable words he was again shortly after arrested by a Writ of Two thousand pounds out of the Kings Bench at the suit of the said Earl of Clanrickard to which he gave bail and again in some short time was arrested at the suit of the said Earl in another Action of Two thousand pounds out of the said Court to which he also gave bail and being bound as aforesaid to appear at Galloway Assizes this Informant and his said Father did accordingly attend and were there cleared as appears by the the following Discharge At a General Goal-Delivery held at St. FRANCIS ABBY near GALLOWAY March the 4th 1672. MEmorandum That at the said Assizes James Carrol Seignior and James Carrol Junior appeared upon their Recognizances being bound over from the last Assizes and nothing now appearing against them were discharged by Proclamation Dated ut supra Per Jo. Caroll D. Car. Cor. The first of the last mentioned Actions being laid for two thousand Pounds damages was dismiss'd for Non-Prosecution On the second Action of two thousand Pounds was declared that this Informant had scandalized the said Earl to the damage of the foresaid Action and though the said Actions were taken out of the Kings Bench Dublin and the Declaration fyled there yet the said Earls Council moved the Court that the Venire might be laid in Galloway and the Action tryed there Whereupon this Informant petitioned the Court that the Venire might abide at Dublin and be tryed there setting forth that Dublin was the place where he had made discovery of the Treasonable Words spoken by Allen on which the said William Earl of Clanrickard's Action was pretendedly grounded and that his Witnesses to prove the said Allen had spoke those words were in Dublin That Galloway was a place where the said Earl was very Potent and above an hundred miles distant from this Informants and his Witnesses Habitations which Journey would be to their great costs and charges besides the imminent danger of their Lives in going thither or coming from thence by those rude and exasperated persons that live on the way That what he had done was in discharge of his duty to his Majesty and preservation of the Protestants and wherein he had done the said Earl no wrong But if the said Earl were slandered or was any wise scandalized it was by the said Thomas Allen his Tenant or Steward against whom in Right and Justice he ought to have taken his Remedy if he had thought it safe so to do and not against this Informant Yet notwithstanding several Petitions and some Affidavits taken in Court and also pleaded by this Informants Council Sir Richard Reynolds and Counsellor Whitfield to have the Tryal kept at the Kings Bench Bar Dublin they were still put off and denied by Justice Oliver Jones an Irish Man a reputed Papist and there being no other Judg on the Bench He in a great passion adjourned the said Court from Ten of the Clock till the next day and continued the Adjournments for two or three days together merely upon the motions of this Informants Council to have the said Tryal held at the Bar being the proper place but the said Judg still denying it answered he had resolved to the contrary and thereupon this Informants said Council told him they had lost the Judges favour for that Term for being so much concerned for the Informant and likewise assured this Informant it was contrary to Law and Justice and common practice for the Judg so to do Then this Informant was forced with his said Father his Witness to Travel to Galloway to attend the said Tryal there where though he was there three days before the day of Tryal yet could he not get any Council for money to plead his cause Then at the appointed time Petitioning the Judges to assign him Council and allow one day to advise with them Justice Jones would allow no time The Earls Council urged there were three Councils unretained by the said Earl whom this Informant did retain giving them their fee eighteen Shillings each man with the Breviates of his Cause which were drawn by Counsellor Whitfield the Informant being forced to be content with the said Council who were all Irish Papists The only matter and issue for this Informant was to prove that the said Thomas Allen had spoken the said Treasonable Words which was so well proved by his said Father his Witness that one of his Council told the Court the Evidence was sufficient but was over-ruled by the said Justice Jones saying That that was not the case now and beckoning with his hand to this Informants Council when he spoke the words so that none of the Informants Council spoke a word more on his behalf at that time But Judg Povey declared to the Court that it was sufficiently proved that Thomas Allen had spoke those words however the Jury being some of them outlaw'd and most of them Papists and some of them Tenants others Bayliffs and all of them some way or other related to the said Earl who was then