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A45860 The indictment and arraignment of John Price Esquire, late receiver-general in Ireland with a hundred and one other Protestants, at Wicklow, before John Keating Esq, Chief Justice of the Common pleas a Protestant, and Henry Lynch Knight Baron of the Exchequer, a Papist : collected by a Person that was present and took the same in writing. Person that was present. 1689 (1689) Wing I151; ESTC R5774 26,265 38

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THE Indictment and Arraignment OF John Price Esquire Late receiver-Receiver-General in Ireland With a Hundred and one other Protestants at Wicklow before John Keating Esq Chief Justice of the Common Pleas a Protestant and Henry Lynch Knight Baron of the Exchequer a Papist With variety of Arguments between the Judges and Councel and the Lord Chief Justice Keatings Charge to the Jury A LETTER sent to and Read by the Judges in the Court for a Loane for the Popish Armies Subsistance With an Account of the Seizing and Condemnation of Sir Thomas Southwell and Two Hundred other Protestant Gentlemen at Gallaway Sir Laurence Parsons and several others at Birr and Maryborough in the King and Queens County in Ireland and the Barbarous Execution of some of them Collected by a Person that was present and took the same in Writing Licensed July 17 1689. J Fraser LONDON Printed for Robert Clavel at the Peacock in St. Paul's Church-yard 1689. THE Arraignment and Indictment Of JOHN PRICE Esq Late Receiver of IRELAND and One hundred other Protestants at the Town of Wicklow in Ireland JOhn Price Esq Receiver General to the late King Charles the Second having his Country-house in the County of Wicklow at Ballinderry twenty four miles from Dublin did for the safety and preservation of himself and Family obtain the Lord Deputy Tyrconnels Protection as many more of the English Protestants living in the Country at the same time did for the late King James going away for France and the Administration of the Government being put into the hands of his present Majesty the Lord Tyrconnel gave out Commissions for the raising a mighty Army to any Irish Papist that would take one and promise to subsist Maintain and Cloath their Men for three Months most of these New Officers are men of mean Fortunes not capable of subsisting themselves their men live altogether on the English coming into their Houses in the day time and commanding from them their Meat and Drink and often Robbing them in the night stealing away their Cattle Likewise the Priests of every Parish obliged all their people to furnish themselves with Half pikes and Skeanes and bring them to Mass or not presume to appear there on the penalty of Excommunication or a severe punishment which caused all the Irish to Arm themselves with the aforesaid Weapons upon which Robberies Thefts and other Outrages were daily committed upon the English particularly in the County of Wicklow where some Hundreds were got together for that purpose who gave themselves the Name of Merry Boys and had very great success in their thievish attempts upon their Protestant Neighbours that lived hitherto seeme in their own Houses it is observable what great power the Romish Clergy have over the Irish they arm themselves immediately at their Command and yet to this day have neither kept them from Robbing of the English nor restored them any thing taken away which if they had been so minded they might have done by the same power several of Mr. Price's Neighbours repaired to Ballinderry to preserve themselves and Goods but an order coming out soon after for the taking away all Horses and Arms from the Protestants both in City and Country Collonel Toole with a Party of his men came to demand what Arms and Horses they had at Ballinderry Mr. Ptice and the rest having the aforementioned Protection refused to obey their orders and complaint coming to Dublin Collonel Sheldon was immediately sent away with a Body of Horse and Foot against Balinderry Mr. Price upon his Approach presently submitted to him who thereupon was made a Prisoner and all the rest of the men that were in the House but the Prison of Wicklow not being able to contain them several of them were admitted to Bayl until the following Assizes which began March the fifth last past and ended the eighth The Prisoners Names that were Indicted for this Treason are as followeth viz. 1 John Price Esq 2 Thomas King Gent. 2 Richard Westland Gent. 4 William Heatly Gent. 5 James Lewis Gent. 6 Edward Lewis Gent. 7 John Burroughs Gent. James Bacon Gent. 8 Thomas Burrough Gent. 9 Thomas Fetherston Gent. 10 Joseph Chrichley Gent. 11 John Chrichley Gent. 12 George Chrichley Gent. 13 Tho. Williams 14 James Williams 15 J. Clark. 16 Caleb Chad. 17 Tho. Bathe 18 Joseph Thompson 19 Tho. Halson 20 Henry Gibson 21 John Cock. 22 Tho. Peterson 23 John Ward 24 William Turner 25 Tho. Evans 26 George Atkinson 27 William Evans 28 Robert Milton 29 Will. Neale 30 Will. Hill. 31 George Dixy 32 Stephen Robinson 33 Charles Evans 34 Stephen Rathborn Jun. 35 Edward Philips 36 John Colson 37 William Wotton 38 Henry Delauny 39 Tho. Cross 40 John Kempson 41 Tho. Watts 42 Edward Acton 43 Robert Anthony 44 Alexander Hill. 45 James Hill. 46 John Hill. 47 William Savill 48 Edward Jones 49 Peter Bland 50 John Tomlinson 51 Daniel Beyce 52 John J●nes 53 Tho. Howard 54 Charles Fryers 55 Andrew Wills. 56 Mich. Wills. 57 Samuel Allen. 58 Tristrum Tinesly 59 Robert Ashton 60 Henry Tuton 61 Ralph Kidd 62 William Fulham 63 William Erwin 64 Agabus Kidd 65 Tho. Page 66 Tho. Allen. 67 Rice Bibbin 68 Nicholas Scot. 69 Arnold Sutton 70 Alexander Rathborne 71 William Holson 72 Isaac Collison 73 Jacob Collison 74 William Edwards 75 Peter Barton 76 John James 77 John Jordan 78 Randle Burroughs 79 Richard Price 80 Agabas Bardin 81 Henry Moody 82 John Burroughs 83 Edward Hughs 84 Edward Jemson 85 James Uton. 86 William Ryder 87 Luke Young. 88 William Shorter 89 John Goodwin 90 James Tench 91 Thomas Manning 92 Edward Bowers 93 Thomas Adams 94 Robert Dunbar 95 Thomas Colston 96 John Bromwell 97 Samuel Price 98 James Tipping 99 Edward Graham 100 Christopher Cooper 101 William Phillips Grand-Jurors Names Papists marked † † CHristopher Wickham William Hoy. Cromwell Wingfield † William Wolverston † Redmond Birne † Tho. Birne † William Birne † Peirce Cromwell † Toby Walsh † Toby Tooll Edward Burly Leonard Frost Peter Ayris William Baker † Lawrence Tooll Richard Lamb. † Daniel Birne After they were Sworn as usual they received the following Charge L. Ch. Just Keating's Charge to the Grand-Jury GEntlemen You that are here Returned to Serve on this Grand-Jury you have this day before your Eyes the greatest Example and the firmest Proof that a Gracious Prince can give to the best of Subjects you see his Sacred Majesty King James the Second whom God long preserve for the Protection of all his good and dutiful Subjects and for the subversion and irradicating of all those who desire the Subversion of his Government either by Foreign Force or inbred Conspiracy notwithstanding the great Troubles on his own Person yet he is not wanting in his care towards you and I dare boldly say it is the last thing he will relinquish in the World after that of his own Conscience the care of his Subjects He hath sent us with his Commission
How wilt thou be Tryed Prisoner By God and the Country Cl. God send you a good deliverance Note The Prisoners were brought into Court in several parties to be Arraigned as many as the Dock would hold at one time The second time the Dock was filled Cl. Cr. Set Will. Fulham to the Barr c. Thady Birne the High-Sheriff stood up and said My Lord Fulham was cleared Bar. Lynch Pray Sir who cleared him High-Sheriff The Chief Commission'd Officer that was here Coll. Sheldon did acquit him Lynch He acquit him how could that be If there be nothing against him we shall acquit him J. Keating Clerk of the Crown Is he Indicted Cl. Yes My Lord a Bill of Indictment is found against him Pendergrass the Sub-Sheriff My Lord I will tell you Mr. Sheriff is mistaken there was some Boys discharg'd and he thinks Fulham is one of those Boys Lynch Sir you do well to reflect on your Imployer High-Sheriff to the Sub-Sheriff You have done this to get Money for your self My Lord Fulham was not concern'd at all and therefore was discharg'd Prisoner Lewis My Lord we are so crouded with a File of Musqueteers and a Searjant that they take up our Chairs that we cannot sit down and they come with their lighted Matches to our very Noses and last Night a Piece went off in the Room among us we have not the conveniency of quiet Repose nor our Friends the liberty of seeing us My Lord we were not born Lawyers and therefore desire we may have our Friends come to us and Counsel to advise with This Lewis and Lord Galmoy are Brother and Sisters Children and was offer'd a Troop if he would turn Papist J. Keating Mr. Lewis you have been bred to the Law but you shall have Council allowed you And you Mr. Sheriff you are not to keep them with Fire-Arms nor with Souldiers I saw a Centry at this Door yesterday and forbad it I remember that when Warren Jephson and Thompson were Tryed in 1663. for a Design to surprize Dublin-Castle because this was a great matter forsooth they must be Guarded with Souldiers They were Tryed at the King's Bench and several Persons desirous to see or hear being gotten up into the Arch in the Wall next the Court of Common-Pleas as they were going up stairs a Piece went off and shot a Man through the Head. I tell you Mr. Sheriff that Brown Bill is your Guard pointing at one in Court the Law knows nothing of Fire-Arms speaking to the Prisoners Gentlemen I must tell you plainly that I received Directions from my Lord Deputy by the attorney-Attorney-General that you should have all the Justice imaginable Bar. Lynch Mr. Sheriff you must Command those Souldiers to be civil they are your Guards when you employ them Seventy Prisoners were Arraign'd and return'd back to Prison 31 more that were Indicted and upon Bail did not appear Next day Thursday March 7th they were again brought to Court to their Tryal and the Jury was Impannell'd whose Names were as followeth Papists marked thus † Viz. † Thomas Cowdell Phillip Cradock John Pew † Alexander Higden † Christopher Talbot † Garret Birne † Dudley Keogh † John Keogh † David Toole † James White † Darby Toole † Garret Harold † Daniel Birne † Patrick Mac Donnel † Patrick O Donnelly † Christopher Birne Daniel Powel † Richard Jonston † Theophilus Higgens † Nicholas Wall. † Charles Tool † Anthony Archer † Charles Birne † Cornelius Kenan Tho. Elliot Richard Baker † Thady Birne † Francis Tute † James Moore † Hugh Birne † Bryan O Neal. † Dennis Cullen Jaylor set the Prisoners to the Barr. Cl. Cr. You good Men that are to Try the several Issues between the King and John Price c. and other Prisoners at the Barr that shall be given you in Charge c. Jury look at the Prisoners Prisoners look at the Jury c. Cl. Cr. Thomas Cowdell to the Book Prisoner Lewis I Challenge him Cl. What is your Cause of Challenge Lewis I Challenge him peremptorily Deputy K's Council Fitz-Patrick My Lord before they begin their Challenges let us know whether they will all agree in their Challenges otherwise we must be forc'd to Try them severally It was at length agreed That if any one made a peremptory Challenge the other Prisoners were to be satisfied with it Coll. Tool en the Bench speaking to L. Chief Just Keating My Lord Mr. Lewis has been Sub-Sheriff of the County and knows all that have Freeholds J. Keating It is the better for himself that he does know them Prisoner Lewis continued to Challenge until they had gone through the Pannel and only two Gentlemen that were Protestants Mr. Cradock and Mr. Pew were Sworn Cl. Cr. Mr. Sheriff a New Pannel The Sheriff gave in another of Eleven in number which were all likewise challeng'd by Mr. Lewis Whilst both the High and Sub Sheriff were looking about the Court for to make up a third Pannel Says L. J. Keating Mr. Sheriff How many Freeholders have you on the Grand Jury Sheriff Six or Seven My Lord. J. Keating You have been sparing enough of your Freeholders The Law requires that all the Grand Jury should be Freeholders and have you but six Sheriff There is but very few Freeholders in the County My Lord. C. Fitz Patrick In Cases of necessity My Lord. J. Keating You know the Law is so C. Fitz-Patrick Yes there is a Stature for it J. Keating The Prisoner for his Life may challenge Twenty peremptorily without shewing cause and the whole World for want of Freehold And shall I put such a one on for his Life Sir I will not be hang'd for any Body Fitz-Patrick Was ever a Judge hang'd Mr. Handcock Councel for the Prisoners Yes above twenty in a few Years J. Keating Mr. Fitz-Patrick I will not be hanged with Justice Belknap nor Tressilian neither C. Handcock My Lord they were hang'd at Tyburn J. Keating I think they were The greatest part of this County is in the hands of two or three Men my Lord Strafford and Ross J. Keating Who is here that is concern'd for my Lord Strafford and my Lord Ross Court. Here is Dr. Hall on the Bench for the Lord Strafford and the Sheriff is concerned for my Lord Ross J. Keating Dr. Hall and you Mr. Sheriff let me tell you I do not know but that their Lordships have forfeited their Estates for this day's work In the Act for Plantation there was provision made for Freeholds and there were enough before the Wars I fear these great Lords have swallowed up the Freeholds their Ancestors made I only tell you this The Sheriff by this time had drawn up a third Pannel being eight in number J. Keating Mr. Sheriff have you all your Freeholders here Sheriff My Lord we summoned all here J. Keating On the first Pannel you might have Return'd forty because you do not know how far Peremptory Challenges will