â—ip with all expedition and were afterwards â—re cautious in their designeâ— Yet took no â—nner of care to preserve the Ship but disâ—untenanced and rejected several skillfull Seaâ—n appendix page 2 of the Country when they offered to bring appendix page 8 â—r into a good Harbour appendix page 3 Mr. Palmer Returned home that night and appendix page 21 â—t several of the English People with Men and appendix page 33 â—ats to fetch off the Ship the night being fine appendix page 25 â—d calm And sent some Soldiers likewise on appendix page 29 â—rd lest the Rabble of the Country or the Toâ—s appendix page 19 should make any attempt upon her But all appendix page 33 â—o purpose for the master would not suffer appendix page 19 â—m to get her away But got up a Cask of appendix page 29 appendix page 25 Rum and therewith set all that were on board appendix page 33 to make themselves merry and so the Master appendix page 2 and the rest of the Ship Crew pass'd away that appendix page 6 fine night without suffering her to be brought to a convenient Harbour Next morning being the 29th Jacob Myars appendix page 7 Peter Row the mate of the Ship and the greatest part of the seamen went off by Boat with their Treasure in some Chests and put the same ashore at Mr. Palmer's house which were handed in by their own men and set them in an open appendix page 7 room to the view of every body that came in appendix page 33 without acquainting Mr. Palmer that there was any thing besides their cloaths in the Chests And on the same day Mr. Palmer and Mr. Myars rid down to Cappanacossy and took along witâ— them one Mr. Richard Orpen Son in law to Mr. Palmer to consider the best and speedyest meanâ— for saving of the Ship c. he having judgment in appendix page 33 Shiping who went on board along with Mr. Myars leaving Mr. Palmer being a corpulent man appendix page 21 ashore As soon as Mr. Orpen got a board being appendix page 24 about half flood he examined the Pump anâ— appendix page 30 found that the water was black and stunk Anâ— thereupon told the Master that the Ship was tight and that she was in no manner of danger anâ— told him also that there were a great many meâ— appendix page 33 coming down from Mr. Palmers to lighten anâ— get off the Ship and that they vvould bring hâ— off that very tyde And desired him to hoist uâ— all the heavy Goods that could be readily come 〈◊〉 to be put ashore and also his Guns for that their weight aloft would incline her to swaddle adding that one pound aloft would do her more prejudice then ten a low and bid him strike the â—ore-top-mast as well as the main-top-mast and â—old him that she would ride the quieter especially while she had no Mizen To all which discourse the Master answered nothing onely said that he could not part with appendix page 24 his Gunns that he must keep them for his defence â—east peradventure he should be at any time atâ—akt by the French Privateers whereupon Mr. Orpen told him that the Gunns could be of no great use to him in that condition since that the Privateers could engage him where he lay â—n no other manner than in their Longboats and appendix page 24 still advised him if he would putt his Gunns ashore and make a Battery near his Ship t would do much better and that he should be furnish'd appendix page 24 with men enough with small-arms on board which would be more proper against the Long-boats one of the Gunns countervailing the weight of eight men or thereabouts But the Master would not hearken to it Mr. Orpen discourst him further â—nd asked him how many men belonged to the Ship he answered nine and two boys and being appendix page 24 â—sked how many of them he quartered to each Gunn and how many to the small-arms He â—retted at the discourse and said tho' he had appendix page 25 â—ot men enough for the Gunns yet he would not â—art with them but would keep them for a shew a very pretty shew indeed when all the Gunnâ— except two lay heads and points along-ships uâ— appendix page 24 and downe the decks and remain so still Buâ— the dialogue rested not there for Mr. Orpen enquired of him about his Anchors and ground tackle and their condition and what anchors hâ— had then out The Master answerd that shâ— appendix page 25 ridd only by the Kedg-anchor and a small warp That they had lost their best Bower at Ross-more when they cut two days ago and that theâ— had a very good Cable But their sheet anchoâ— wanted a stock upon which Mr. Orpen desire the master to send his Carpenter who was the appendix page 24 on board to make a stock and shewed him wheâ— there was good season'd timber within two hundred yards of the Ship And promised thâ— some of the Tenants should assist the Carpenteâ— appendix page 25 and that a stock should be fitted for him in lâ— then an hours time But the Master would nâ— accept of the offer This kind of discourse heâ— them till near two o'th'clock about which timâ— appendix page 24 't was high water and Mr. Orpen walkt upon thâ— Quarter-deck and sent down for the Master whâ— was making merry with some company in thâ— great Cabbin and observed to him that the Shâ— fleeted and sheard to and again and bid him sâ— his men to work and get her off the wind beinâ— temperate and kindly shifting to the N. W appendix page 25 whereupon he made a sputter up and down thâ— Decks as tho' he would have got his men to woâ— upon the Ship but at length he answerd that all hâ— Ships Company to two were ashore at Mr. Palmer's along vvith the Passengers so that he miss'd getting her off that Tyde for vvant of his men vvhose minds leand more tovvards the Treasure than tovvards the Ship and Cargo appendix page 24 While Mr. Orpen was yet on board he ordered that a Countrey Fellow who was brought before him for some Petty Larceny should be forthwith ty'd Neck and Heels and be exposed appendix page 25 upon the Open Deck that others might take Example by him but the Master neglecting to have it done the Fellow slipt over the side into a Boat But so zealous was Mr. Orpen to serve the Master that he ordered the Fellow to be brought on board again and had both his hands ty'd to the Gang-Way and with a Ropes-End was beaten with many stripes to the terror of appendix page 24 others of the Countrey that were present and beheld this severe Infliction for so small a Transgression against the Master In the mean time the greatest part of the Seamen went from Mr. Palmers to Roughty Bridge a small Village about 2 miles from thence and carry'd their Proportions of the appendix page 8 Treasure with them Mr. Orpen took leave of the Master in
upon in vehemency and wrath he insinuated to the Master and Passengers That himself vvas high Sh. of the County a Justice of peace of the County Lieut. of the County vvho could command the Army as vvell as the Militia of the County and vvhat was it that he could not do in the County And withall told them soberly that they were under some censures for casting away their Ship and destroying the Cargo and that he and only he could set them right with their Owners in England and with the Government in Ireland And then turn'd to some old Law-Book directing as he pretended that all Wrecks ought to be deposited with the Sheriff The valiant Cap. Gregory who had made them understand by the daily Out-rages of himself and appendix page 40 his Men that he govern'd indeed with no less Arbitrariness than the high Sh. and as Despotical appendix page 41 as he for his Life entertain'd them with his Military Rhetorick hovv absolute he vvas in all matters of Government and Command Yet that himself and the high Sh. vvere but as one Man vvho being a person vvell practic'd in Controversies could either raise or depress them as he pleased and advised them to quit all others and stick to the Sh. One Horse Nabs another and People of a sort soon agree The high Sh. the Cap. the Master Jacob Myars and Peter Row sprung presently as a sworn Covey and Mr. Orpen was no more to be consulted with but look'd upon as a Person qualified to ruine their Councils and Designs From hence forth Cap. Gregory the high Sh. and Mr Bl. being well sweetned with some of the best Sugars became Patrons to the Master and these Passengers by the frequent incursions of the first That part of the Country about Killmare was harass'd as though it had been the Enemyes Quarters for he had always a ravenous pack at his heels who prey'd upon the Country day and night without paying for the Provisions which they exacted from the poor People in their continual marches under the notion of searching for the Ships Goods Tumbling and tossing all their little housholdry and janting it in that manner from house to house they beat and wounded the Men Ravish'd Women and Maids and set Houses afire But when they had Forced the People to give them all their mony they put out the fire again These doings past under the notion of serving the Owners who have also paid dearly for their Services and had they thought fit to have consulted Mr. Orpen he had made appear the many havocks which were commited by the Master Passengers the high Sh. Cap. Gregory and Mr Bl. and they should find at what rate the Master and Passengers have bought the patronages of those three Gentlemen which began more openly upon the 12 of February and on the 13th the Sh. fram'd an advantageous Narrative by his Letter to the Government in the behalf of his Sweet Clyents and becomes Merchant for great part of the Goods and waited at Killmare for an order in answer to his Letter to Seiz both Ship and Goods into his own possession and so by his power of Shrievalty Replevins c. to wrest from Mr. Orpen and the rest of the English of those parts what was due to them for Salvage and by his merit of that kind to win the Owners favour into some great Presents for his good services whom the Master and Passengers in the mean time visited by their Letters Setting forth the worthyness of the Sh. as the only persen fit to be trusted in the whole concerns of the Ship and Goods and how highly he had appeared against Mr. Orpen and the rest of their Enemies But Mr. Orpen and the English Petitioned to the Government against the proceedings of the Sh. who waited big with expectation of a power to seize c. But no such thing appearing nor finding the success he wisht for and that his Letter was not so taking as expected Mr. Myars hastens away to Dublin well trained to every particular requisite to back the Letter of the 13th who arrived there about the 5th of March and on the 6th made his examination ready and on the 7th was examined before the honble Sr. Henry Ecclin one of the Barrons of the Exchequer which Examination scream'd so loudly against the behavior of Mr. Orpen and the English that the Government conceiving it necessary to take cognizance thereof sent to the Right Honourable Sir Rich. Pyne Lord Chief Justice of their Majesties Court of Common Pleas then upon the Munster Circuit to inquire into the whole matter and to report the same and Colonel Denny and Col. Hasset two of the Deputy-Governours and Justices of the peace for the County of Kerry were required to have Mr. Orpen and Mr. Crump apprehended and thereupon they issued their Warrant to the H. Sh. to that purpose who was overjoyed to see the growth of his labour and wit arrive to that perfection and put the Warrant in execution after a strange manner Not by himself or any of his under-Officers but employ'd Serjeant Fullerton brother in law to Capt. Gregory who with ten Musquetteers came to Mr. Orpens house and took him prisoner without letting him know upon what account other then that their Capt. had commanded them to do it He askt them was it by warrant or by order The Serjeant told him that he had a warrant But would not be prevailed upon to shew it or to give the least hint of the purport thereof But at length he said that it was for Harbouring of Toryes and gave out to the neighbourhood inter alia that 't was for supplying the Torys with ten quarts of Powder Notwithstanding that Mr. Orpen seemed unconcerned at these proceedings Yet the new English Collony which he brought into that Country began to repine at their misfortune and wisht that they had never come out of England And finding him thus troubled on account of appendix page 33 Toryes whom they knew to be one of the greatest suppressors of Malefactors throwout the appendix page 34 Province and well assured in their consciences that appendix page 39 he was no way guilty of such a crime they concluded that the Sh. Ca. Gregory and Mr. Bl. would soon have them all accused and prosecuted upon the like account and thereupon resolved to be gone bag and baggage as fast as they could out of their reach The Serjeant and party took away Mr. Orp. out of his house in great hurry not affording him time to put on his cloaths to the great glory of the high Sh. to see his prisoner carry'd thro' the Towns with ten Musquetteers a very unpracticable way of executing the warrant of the Civil Magistrates But Mr. Orpen is now Prisoner at Tralee and by the 23th of March was Examined and Bail'd to appear the 26th being the day that my Lord Chief Justice had appointed for the Tryal which was buâ— very short time to provide
save what they could for themselves appendix page 29 and told them that the Ship would soon split appendix page 25 in a thousand pieces and when they had put appendix page 17 nine casks of Indigo and some other things into appendix page 4 their boats He bid them again to take all for appendix page 17 themselves and desired them to take two appendix page 19 Casks of Indigo and save them for him to appendix page 10 bear his charges out of the country and that he would never trouble them any more and charged every one to hasten out of the Ship for that she had five foot of water already in her hold Whereupon they all left her to take her chance to sink appendix page 19 beat or drive The Master having taken care to appendix page 25 slip the warp whereby she ridd leaving her loose to take her fortune appendix page 4 With three boats several of the English with them He came ashore in the afternoon at a place appendix page 9 called Killowen a small English village bringing appendix page 19 with them the nine Barrells of Indigo and some appendix page 25 other things besides the two barrels for the appendix page 30 Master to bear his charges out of the Country which were all landed there and put into a Cellar and the people were contented to take some small part for Salvage As soon as the Master came ashore he met Mr. Orpen and told him that all the appendix page 9 Cargo was lost by that time and that he believed appendix page 9 the Ship was splitt in pieces However he desired him to go and save what he could seeming very appendix page 15 confident that she could not hold out till next appendix page 9 Tyde Mr. Orpen dispatcht several people to the Ship amongst them was one Mr. Bryan Kelly appendix page 10 whom he called back and sent him to the Master for a note under his hand for Salvage which Mr. appendix page 11 Kelly accordingly did and got Richard Clark Samuel Aldwell Charles Carthy Dermot Sulivan and Dermo Sulivan Junior to be named in the note along with himself knowing them to be Mr. Orpens friends as soon as he had got the appendix page 9 note being about night-fall he repaired to the appendix page 23 Ship and found that the rest of the people employed appendix page 15 by Mr. Orpen were got on board her and appendix page 28 having loos'd the foretopsail and placed a man appendix page 10 at the helme they brought her with much pains and industry into a convenient Creek and after she was brought to the Creek Mr. Kelly went on board her and told them that Mr. Orpen appendix page 9 had sent him to desire them to be careful of every thing and that himself came directly from the Master who had put the whole concerns of the appendix page 10 Ship into Mr. Orpens management and that he appendix page 11 would be with them out of hand with men and boats who accordingly came next morning betimes appendix page 28 on the 31st with men and boats and having fitted Teakles and Cannhooks c. fell to work appendix page 10 to discharge the Cargo which was not without appendix page 10 appendix page 10 some difficulty for the Rabble and Rapparees appendix page 28 crouded into her in great Numbers insomuch that Mr. Orpen was forced to bring his people appendix page 10 to their arms and thereby expelled the intruders and employed Mr. Aldwell Capt. Carthy Squire Sulivane and Mr. Kelly to oversee the safe putting of the goods ashore into convenient houses which appendix page 28 was done with the best Care that the then circumstances appendix page 26 would allow being at a time when the appendix page 17 whole Country about them abounded with great appendix page 23 Numbers of Rapparees and Tories well befitting such designs as were then on foot of the Master passengers and Ships company to destroy the Ship and Goods and slip away with the Gold and Silver several of the goods were put ashore that appendix page 28 day and the night following the Ship was closely attackt by rhe Rapparees so that Mr. Orpen and his men had very hot work being all that night at close firing and it is credibly reported that above twenty rapparees were wounded in that nights service They appeared several nights appendix page 28 afterwasds before the Ship yet never made any appendix page 26 further attempt upon her But it s very manifest appendix page 23 that had not Mr. Orpen undertaken to manage and defend the concern that the Rabble Rapparees appendix page 18 had wholy destroy'd the Ship goods Being indeed appendix page 8 no more but what the Master passengers and appendix page 19 company hop'd for For had the Ship and Cargo appendix page 17 been utterly ruined especially before the mony appendix page 3 was lost they had their ends and might have kept the mony and had wreck-room enough to say that the Sea or Land had swallowed it from them along with the Ship and goods and the only cause of crime against any of that country is because that any thing was saved The next day being the 1st of February the third day after the Ship was stranded The Master came again appendix page 5 to the Ship and the first thing he did was to come appendix page 20 privately under her sterne to view her deaths appendix page 21 wounds Vizt the holes which he had made in the bread-room thorow her bottom the morning he quitted her where he found the water gushing out of her as it s said the blood freshens at the murtherer when he is brought to lay his hand upon the Corps before the Inquest But stepping appendix page 20 on board Mr. Orpen shewd him that the water was in her hold within a foot and a halfe of the Beam whereupon the Master ordered that a hole appendix page 5 should be made to let it out which was accordingly appendix page 20 done and desired the Master to stay on board and take an account of things and to see the holes stopt and likewise desired him to send for his appendix page 18 men one seaman being worth five landmen for working in a ship But he stayed no longer appendix page 5 aboard then to order great part of the Sugars appendix page 18 which had received some damage to be given away to the Country people and to see it done and having filled some baggs with the white Sugars carry'd them with him to his quarters appendix page 45 but returned not again untill five days after neither did he send any of his men but hastned them away out of the country without keeping one of appendix page 46 them to stay in the Ship Upon the 2d of Febr. Capt. George Gregory commander at Ross-Castle and Mr. James Bland Minister of Killarny came to the Ship where they made about two hours stay
at the same time at work before appendix page 39 the Lords Justices and Council against Mr. Orpen Cashier'd Servants were tamper'd with Indigent Persons tempted and Scavengers on every side were employ'd to rake up Dirt against him aâ— length they produc'd a Letter of his which has lain asleep since October last to the Commander appendix page 39 of Ross-Castle to set at liberty one Cnohor Boy if he were not guilty of some Crime being noâ— Tory at that time but had been the Detector of appendix page 38 Fourscore and odd notorious Robbers by whose appendix page 34 means rhey were brought to condign punishment appendix page 33 and in all probability had effected the like upon all the rest of the Tories throughout the Province of Munster if he had not been ill rewarded for his good Services and so forced to escape whose Liberty would not be granted to Mr. Orpen for the Publick Good And it being then discovered appendix page 37 to the Tories that he had been and was to be their Discoverer and being also eagerly appendix page 38 pursued without intermission by the Soldiers on â—he one side and the proclaimed Tories on the â—he other he was forced for Self-preservation to â—et up a Company of Tories for himself there appendix page 38 being no Peace to be had for him either from the Soldiers or the unrighteous Mammon and so â—fterwards became the most notorious Robber in appendix page 38 â—he Kingdom Thus we our selves have forced them to be Toryes that were the very Instruments to detect â—hem Thus with a seeming Zeale to the cause â—hey run to the Government the Fountain of â—ustice with their clandestine complaints against Mr. Orpen about Cnâ—her Boy whereas indeed it â—s with no other design then to sculk behind the Laws for that complaints of this kind are cogâ—isable before any Justice of the peace in the proâ—er County against a person that is not of the â—rmy nor in the Comision of the peace See how â—hey have dealt with the Government in this â—atter after all their noise about Cnoher Boy 〈◊〉 shew them at length a Reed shaken with the â—ind for the intent of that great clamor could â—im no further then highly to involve Mr. Orpen into Censures and Expences and so have him condemn'd before he was heard thereby to wound him sorely in his Reputation and Purse the better to carry on their other designs against him about the Ship for why did not they after all the stir which they made in Dublin about the Toryes bring somewhat of that kind against him before the Grand-Jury at the last General Commission of Oyer and Terminer held in Kerry on the 26th of March 1694 when he dared them to it in open Court and when the Ld. C. J. Pine told Major Steers their late confident in Dublin that 't was now a very firt time to do it But to return again to the Ship without making five days digression as the Master did for he appendix page 45 came not nigh her again until the 7th of February that Mr. Monk perswaded him to go on board and then he made but about an hours stay and went not to her again until the 12th where appendix page 46 he stay'd about another hour Leaving one Mr. Richard Clarke to look after things on board who until that day never went to concern appendix page 10 himself with the Ship or any thing belonging to her But the work being over for several days before and all the Salvable part of the Goods except some damnified Ginger and the Fustick which lay in the Balast being already brought away by Mr. Orpen Mr. Clark Rumidg'd for an hour or two up and down her hold and betwixt Decks and then left her and the Master went not nigh her any more until the 15th Now had the Master any manner of inclination for the preserving of the Ship and Goods he would not have lain away from her while her Decks could be kept dry Nay tho' he were forced to lye in his cloaths all the time All this while the Master Passengers and Seamen never mention'd appendix page 11 any thing of the holes that were bored in the Ship but kept it private until about the 10th of February that the Country began to ring of it For it seemes the Mate or Carpenter as they travel'd had made discovery thereof to some persons that brought the account of it back to Killmare Then and never before the Master owned that there were holes bored in the Breadroom thorow her bottom and that he did it purposely to lodge her in the strand that by the weight of water in her hold she might Sit the faster from beating But sure he will not impute appendix page 22 it to his own Ignorance that he knew not that she was but 10 foot in the Hold and that she lay in 15 foot water in that place During these Transactions the Master Mr. Myars Mr. Row and Mr. Orpen were very good Friends save that one Firebrand was cast in among them by Capt. Gregory by Stirring up both sides to speak hard of each other and carry'd the same from one to t'other which lost nothing in the carriage so that he rais'd some heats which lasted not above a day or two and it appears that hitherto Cap. Gregory's incendiaryes took no great root among them for that the Master and these Passengers went frequently to eat and drink at Mr. Orpen's house and upon the 11th of February after dinner all three call'd him aside and told him how well satisfied they were with his behaviour in that affair of the Ship and Goods and desired him to take the trouble appendix page 45 of the future mannagment thereof promising appendix page 5 that he should have his Salvage and that they resolved to go together for England but would first make a conveyance of all to him and he to deliver up the same to them or their Orders upon appendix page 45 demand after allowing him his Salvage whereupon they call'd Mr. Monk and having made him acquainted with what they had motion'd to Mr. Orpen they pray'd the favour of him to draw writings between them to that effect and in the evening they took leave of Mr. Orpen and every one went to his uarters and Mr. Monk spent a considerable part of the night in drawing the Instruments But the Sh. who lay all the while in ambush for a grasp at the Goods lodg'd in the same House with Mr. Monk and by some means pry'd into the Writings and next morning he came along with Mr. Monk accompany'd with Cap. Gregory to Killowen where they found the Master the two Passengers and Mr. Orpen very friendly together Now or never was the time for the Sh. to set them at variance which indeed he accomplish'd with a witness For he plainly saw that he was at that instant like to be put by from ever having any concern with these Goods And there
Ebb the Master in his Letter seemed to be in great distress appendix page 31 and that he had not a Sail left would any Master if his Ship was not in a willful distress stand appendix page 13 ashore and behold her all day driving to and fro appendix page 18 and pretend he had not a Saile left when she appendix page 25 had all her Sails Mr. Palmer did promise more asistance then the Corporal and five Soldiers and appendix page 29 accordingly sent Men and Boats that evening appendix page 19 being fine and calm and not stormy as the Examinant says But the Master would not Suffâ—r the Ship to be brought off Mr. Palmer told appendix page 12 them their Ship was the best Garison in the Country and advised them to stick to their Ship but appendix page 8 they all forsook her again next morning Except the Master Gunner and Carpenter IV. The next morning being the 29th of January they all thought it most convenient for the saving of their lives and mony the Ship lying so very dangerously between the Rocks that some of them should go ashore and carry the mony with them to the said Mr Palmer's house and that accordingly this Deponent and the rest of the Passengers and a few of the Ships Crew brought the mony ashore about 12 a clock to the said Mr. Palmer's house at Needen and on the account of the Captain and themselves desired the said Mr. Palmer to shelter the same which did amount in pieces of Eight and Wedges of Gold to the value of 2500 l. or thereabouts which he accordingly did Answ They must needs think it convenient appendix page 12 to go ashore to secure the Mony when they had appendix page 3 resolved to destroy the Ship otherwise there appendix page 1 was no danger of either that or their lives upon easy ground and calm water and the Ship Fleeting every Tyde Does the Examinate call it but a few of the Ships Crew when they left but two of the Crew on board And they did not acquaint appendix page 25 Mr. Palmer with the Treasure in the Chests until after the house was burnt and Robb'd appendix page 43 V. That the said Examinate was ordered by the said Captain to desire the said Palmer to come downe to the Ship to advise him the best way for saving the Ship and Cargo who accordingly went down with one Mr Richard Orpen his son-in law and sent the said Orpen on board to advise with the Captain whose Advice was that the said Captain should send his Gunns ashore which he refused to do saying it would disable him from the common Enemy the French who not long before had taken two Ships out of that River Answ When Mr. Orpen went on board he try'd the Pump and found that the water in the Ship was dirty and stunk whereupon he told the Master appendix page 24 his Ship was Tyght and that he would have her off forthwith and advised the Master to prepare to put out the heavy Goods from aloft as her Guns c. But the Master could not abide to appendix page 24 hear of putting his Guns ashore for fear of the appendix page 25 enemy Mr. Orpen told him that a Battery on the shore within Pistol Shot of the Ship would do much better and small Arms would do much better on board For the Enemy could not attack him any way but in their boats But the Master would not hearken to it Though his appendix page 24 Guns lay at that time and so they have ever since useless heads-and-points along-Ships Mr. Orpen askt him about his Anchors and how he rid The Master answered By a small Kedger that appendix page 21 had a Warp to it That his best Bower was lost That his sheet Anchor wanted a stock Then Mr. Orpen desired him to send his Carpenter a shore appendix page 25 to make a stock and Shewed him where there was good Timber within pistol Shot of the Ship and that he would set some of the Country Carpenters appendix page 22 to work with them and fit up a stock in an hours time but the Master could not abide appendix page 24 to hear of it While they were thus discoursing appendix page 21 the Ship Fleeted which Mr Orpen observed to the Master but the Master though 't was fine Weather Excus'd the not getting her away that appendix page 24 tyde saying that all his men except the Gunner appendix page 8 and Carpenter were ashore at Mr. Palmer's VI. That the said Captain agreed with Mr. Palmer to send him seven or eight Long Boats to unload part of the Cargo whereby the said Ship might be lightned and so with the first opportunity of a moderate wind and high water be got off from the said Rocks Answ Mr. Palmer without any agreement appendix page 19 onely his promise sent several Boats well mann'd but the Master would not suffer them to bring his Ship to a safe harbour but pack't them away again as soon as he understood that they were resolved appendix page 29 to save her And for opportunityes of appendix page 19 Wind and Tyde there wanted none if her driving appendix page 14 up and down with Flood and Ebb the first appendix page 6 day and her fleeting every Tyde afterwards in appendix page 1 mild Weather were Opportunityes as for Rocks appendix page 21 she toucht none until after the Master and all had forsaken her on the 30th of January and appendix page 17 then the wind arose hard at S. W. upon which opportunity appendix page 18 the Master made three holes in her bottom and turn'd her a drift VII That the Examinate with the rest of the passengers and some of the crew being in the said Palmers house about 12 a clock of night the Torys or Rapparees came and set the house on fire upon them which as they supposed were upwards of sixty in number and shott in upon them throw the windows and doors so that they were forced to rise out of their beds and defended themselves about a quarter of an hour but the fierceness of the fire increased and they were forced to break open the doors to save their lives and immediatly the Torys entred the house brought out the Chest and opened it and took all the mony that was in it and stript this Examinate and some of the passengers of their very Shirts and beat them extreamly Answ Now when the house was set on fire and Robb'd Mr. Palmer was made to understand that this great Treasure was brought into the house appendix page 43 in the Chests but never before which if they had but told him of sooner he might have saved all and prevented his owne ruine there being a party of 30 Soldiers quarter'd contiguous to his house VIII That on the 30th in the morning the Captain came ashore to see what was become of the passengers and left the Ship with an Anchor and Cable out
necessity for a broad Seal after appendix page 15 his People and Servants had brought her safe to appendix page 23 the Creek by virtue of the power which the Master appendix page 20 gave him the day before Neither did Orpen appendix page 9 perform one Ceremony that belongs to a Seisure yet there was indeed an old broad Seal produced which was not against any right Claymant But to encourage the men to their arms against the appendix page 23 intruding Rabble and Rapparees as appears by appendix page 18 Mr. Orpen's discourse to the Master when he returned appendix page 28 to her which was not until 3 days after she appendix page 4 was brought into the Creek by Mr. Orpen's men appendix page 20 who then desired the Master to stay in his Ship and bring his men to save the Goods adding appendix page 5 that one Seaman was worth five Landmen upon appendix page 20 such Service but the Master thereupon hastned away all his men out of the Country XII That when they left the Ship they gave charge to the said Orpen and Crump to take care of the goods being in the condition they found them in as aforesaid and then went to the Captain and gave him an account of what was done who the next morning with several of his men went a board and demanded the reason of their proceedings But they turned the Captain and his men ashore and quite dispossest him having seized her as aforesaid The Captain charged them to take care of her and not to imbezle the Cargo on board for that they should be accountable for it and their proceedings But they answerd him that he needed not to concern himself he neither had nor should have any thing to do with it appendix page 15 Answ He goes on still with the same thred appendix page 16 of his first spinning when did O Sulivan More appendix page 26 and Mr. Clark leave the Ship that were not near appendix page 16 her and when did Captain Carthy and Mr. Aldwel leave her that went not aboard till after she was safe in the Creek and were employed all along by Mr. Orpen and the Master went not to the Ship in the morning but in the afternoon being the third day after he had deserted her neither had he of his men along with him any more then the Gunner who was one of the principal Caballers about boring the holes and though the Examinate says that they were quite dispossest It s manifest they were earnestly intreated appendix page 5 especially the Master to stay on board and appendix page 21 bring all his Men to help to work but he would not be advised which is directly contrary to what the Examinat swears It s true he attended so long appendix page 21 as vvhile he filled about half a dozen baggs vvith the best Sugars and carryed the same with him to his quarters XIII That the next day this deponent saw several hundred horse-loads coming from the said Ship loaded with part of the Cargo belonging to the said Ship by the said Orpen and Crumps order and this Examinat sayth that he was told by several who bought thereof that the said Orpen and Crump disposed and sold the said goods to every one that would buy Answ T is very probable that the Examinate savv some horses but not one hundred laden vvith the Ships goods The greatest part vvhereof appendix page 23 vvere vvith goods sold and disposed by her appendix page 29 ovvn men and some vvere laden avvay vvith appendix page 18 Logvvood to the store houses appointed by Mr. appendix page 20 Orpen and others carryed avvay the Sugar in great quantityes vvhich the Master gave them vvhile he vvas aboard But it s not in the povver of man to say that Orpen or Crump sold a penny vvorth of the vvhole Cargo though hundredâ— will prove that the Master Passengers and seamen appendix page 2 made havock thereof to every one that would appendix page 23 buy and never exceeded Robin-hoods penny appendix page 21 worths XIV And the said Crump being Officer for the King forgave the buyers the duty and discharged them thereof and also gave them Permitts and that the said Crump and Orpen sent eight horse-load of the said goods as this Examinat is inform'd to Kinsale to Captain John Waller Deputy Governour of Charles-fort Answ What paines would not the Examinat undertake to out the Kings officer or any one that had a hand in saving vvhat they vvould have destroy'd at length he performs it vvith this most execrable assertion that he had forgiven the Kings duty and gave Permits the onely taking thing to turne him our vvho vvas never guilty of any such behaviour and before the Wars vvas employ'd for 20 Years together and for his faithfullness and integrity vvas in very great esteem with his Superior Officers Nor does the Examinat regard how he bespatters any person of what vvorth or quality soever to rid himself and Crevv of that indelible spatter vvhich they vvill never be rid of The Lt. Governour of Charles-Fort who is known to be a person of Honour and abhors any dirty action must be brought into the story for eight horse-load of Goods sent him and appendix page 10 is as true as that O Sulivan More was turned out appendix page 15 of the Ship which he never Saw XV. And that the said Orpen sent several boat loads of the said goods up the River to his own House and other places by which proceedings of Orpen and Crump there is not visibly left the value of 500 l.'s worth of goods of all the said Cargo Though at the time that the said Orpen and Crump took possession thereof it was and this Examinat beleeves to be worth between 5 and 6000 l. the whole damages sustained both as to Ship Mony and Cargo being about 10000 l. Answ A farr fetcht aggravation That Orpen carryed some of the goods to his owne house Had there been room for them he had sent all the rest appendix page 10 to the same place but for want of conveniency appendix page 28 he sent most part of them to be secured in the houses of the best Gentlemen of that Country If 500 l.'s worth of the goods were saved it s 500 times more then was expected or hop'd for by the People belonging to her and in all appearance the Ship Cargo and mony was worth some thousands of pounds but observe it was and then he believes c. all which might indisputably have been saved had not the Examinat and the rest carry'd the mony ashore with some sinister design and had not the Master caused the holes to be bor'd appendix page 20 to destroy the Cargo and turned the Ship adrift appendix page 17 that she might beat and be torn to pieces by appendix page 21 the Rabble and their own men appendix page 19 XVI And this Aexaminat saith that the said Orpen and Crump took the
Augur-holes in her bottom in 15 foot water into a safe Creek I take that upon my self as done by my people But Who were they that Dabbled up to the Elbows in dirt for Witnesses Perhaps these two Gentlemen will excuse themselves and say that Capt. Greg. Mr. Bl. and that Braying Engine of Information the Major profer'd their service And as for the barsh account which they have given you of my Behaviour I conceive it to be some Miscelany Scraps of the Jew's Examination which he forgot to put into Writing whilest he was in Ireland Therefore for the General Satisfaction and very much for yours for its you indeed that have paid the Piper I have here stept into the Press with this short Narative which I hope you will find sufficiently justified by the following Appendix Most heartily wishing that you and all other good Men may never have Occasion to put confidence in such a Master as Mr. Lyell or such a Friend as Mr. Myars I take leave to subscribe Gentlemen Your very humble Servant R. O. FINIS ERRATA In the Book Page 18. line 7. for good read Goods in page 41. line 11. for present read pretended page 75. line 29. for the read these In the Appendix Page 22. line 13. for extraordinary read ordinary p. 31. l. 1. for 1694 read 1693. p 45. l 3. leave out not THese being the most material Faults that have escaped the Press the Printer desires the Reader to amend them and to excuse the literal Errata and for others if any be to enquire of Mr. Orpen himself for his own Sence concerning them AN APPENDIX Containing the Vouchers that Justify the fore-going NARRATIVE TImothy Turtane of Toasista in the County of Kerry Mariner came before me this day and made Oath That on the Twenty-Eighth day of January last the Ship Laurel of London came up the River of Kilmare with her Fore-sail and Main-sail loose in disorder without any person on board her and saith that about seven in the Morning she drove up to Cappanacossy upon the Sâ—rand and about the same time the Master came to Cappanacossy with several Bags of Money carried by his Ships Company and went all together into the House of Dermot Mac Owen about a quarter of a mile off the â—hip and saith that the Master remained there about eight hours without seeming to take any notice of the Ship which drove to and fro in his sight as the Tyde ebb'd and flow'd but saith that the Master sent for a quarter Cask of Rum and about one hundred pounds of Sugar wherewith the Master and his Company together with some of the Countrey People made themselves merry ashore while the Ship was driving up and down with the Flood and Ebb before their Faces and saith that towards the evening the Master â—ent on Board as did likewise this Deponent and the Ship was still driving to and fro without any Anchor dropt whereupon this Deponent ask'd the Master to put out an Anchor the Master answer'd That his Cable was not in order this Deponent told him that he this Deponent would put out the Kedge-Anchor that had a small Warp to it the Master told him he might let it alone however this Deponent by the Masters consent at length dropt that Anchor and saith that the Master never caused any other Anchor to be put out but that the Ship rid out wholly by that small Warp until the Master deserted her which was the third day after notwithstanding that there were then on board the Sheet Anchor and small Bower with Cables suitable and saith that he called to the Master and â—old him that his Ship was Tight and that the worst Weather made but very little Seas in that place and that she was in no manner of danger and told the Master that if he would permit him that he and his Boat-men wouâ—d save the Ship and get her off immediately The Master then bid this Deponent hold his Tongue and that he would be this Deponents Friend The Deponent finding that the Master was then resolved to cast her away came no more near him but told every Body he met with that he was so resolved and saith that the Master did accordingly leave her most shamefully at a time when a Man could wade to her side as there did five men who having no Boat waded to her side and went on Board presently after the Master and all the Men quitted her And saith that two Days before the Ship was so deserted by the Master and Men aforesaid the Master caused the Men to open the Hatches and take out several Goods and made havock thereof to the Countrey People And saith that one Ned Dunegon did also profes to save the Ship the first day she came to Cappanacossy and the Master would not abide to hear of it but Dunegon being incessant upon the matter the Master got him well drubb'd and turn'd ashore And saith that the Mate of a Canary Ship was likewise on Board when this Deponent discours'd the Master to have his Ship saved and this Mate likewise told the Master that he the Mate would get her off presently the Master told the Mate that he should meddle with what concern'd him And this Deponent verily believes that the Master and some of the Passengers had a Design to carry away the money which was in the Ship and to cast her away that it might be pretended that the money and all was lost together and saith that most of that Country believes the same And saith if the master had not caused holes to be bor'd in the bread-room through the bottom of the ship he could not well have cast her away in such a place where she lay without some artificial prejudice done first unto her And saith that but very little of the sugar remain'd undamnified being in a manner all spoil'd by the water which came into the said Ship by means of the holes which were made through the bottom before the master deserted her Tim. Turtane Jurat coram me Tricessimo Die Martii 1694 Ri. Pyne CHarles Mansfield of Killowen in the County of Kerry Gent. came before me and made Oath That he went on Board the Ship Laurel Christopher Lyel Commander as she was in Distress on the 29th day of January last in the River of Kilmare and saith that she then rid only by a small Warp and the ground whereon she lay was sandy and gravelly and the Ship was in no great danger for that the place where she lay was good ground and the greatest winds made but very little Seas And saith that that day the Ship fleeted and this Deponent saith that he told the Master that she fleeted and that he this Deponent with several English men would bring her off forthwith but the said Mr. Lyel would not by any means consent thereunto And further saith That the Night following was a very fair Moon-shine Night and this Deponent told the Master that
they would stay on Board with him and get off his Ship whereupon the Master turn'd this Deponent and the rest out of the Ship and saith that next day being the 30th of January aforesaid about Noon the Master called to all the People on Board and bid them save what they could and carry away in their Boats every man for himself whereupon Nine Barrels of Indigo were put into two Boats and the Master then desired this Deponent to save Two Barrels to bear his Charges out of the Countrey and all the rest for themselves and presently the Master and all the People then on Board went off and deserted the Ship and saith that as soon as they came ashore the Master mett with Mr. Richard Orpen and told him he left the Ship in a bad condition and desired Mr. Orpen to get all the hands he could to go on board to Save her and desired him the said Orpen again to make haste on board with all the hands he could whereupon the said Orpen sent Several men on board the Ship and next morning Mr. Orpen went himself on board And faith that when Mr. Orpen went on board that several of the Rabble and Rapparees were Crouded into the Ship and that Mr. Orpen commanded his own men to their arms and expell'd the Rabble and Rapparees and proceeded forthwith to discharge the Cargo and this Deponent saith that the Master when he deserted the Ship declared that there was five foot of water in her And that all the goods would be lost the next Tyde And saith that the master while this deponent was on board did always renounce and deny all help whatever to Save the Ship and often times wisht that she would Split And saith that when others would have Saved her and often offer'd to Save her that the master told them they should hold their Tongues and he would be their friend And further saith that the Master did not return to the Ship again until the third day after he had deserted her and saith that when the Master came then on board that Mr. Orpen desired that he and his Ships Company would come and help save what they could but the Master did not give any manner of Assistance neither did he set any of his Men about the same and saith that the said Orpen told the Master that there was much water in the â—hip they both lookt at the water in the Hold and the water was then within a foot and half of the Beam and saith that the Master did thereupon order that a hole should be made to let out the water which was accordingly done and Mr. Orpen desired the Master again to stay on board and take Account of things and see the hole stopt again but the Master neglected every thing and this Deponent further saith that when the Master and all the people dâ—serted the Ship on the 30th of January last that one Serjeant Fullertone then on board told the Master that he ths said Serjeant had no mind to desert the Ship and did often beg the Captain not to desert the Ship and told him the Master that while he would stay he the said Fullertone would not go out of her but the Master would not be perswaded to keep on board upon any perswasions whatsoever and saith That if the said Orpen had not been extraordinary Active in preserving the Ship and Goods they had in all probability been destroy'd by the Rabble and Rapparees and saith That the Master did often approve of the said Orpens diligence and did frequently in this Deponents hearing declare that Mr. Orpen deserved to have a reasonable Salvage and that he would write to his Owners for an Order from them to give the said Orpen what two indifferent persons would award unto him the said Orpen Charles Mansfeild Jurat Coram me 29 Mar. 94 Ri. Pyne And the same Deponent came this day before me and made Oath That at the Tryal of the Indictment against Mr. Orpen on the 28th of March last at the Commission of Oyer and Terminer he this Deponent Swore in Court to the same effect of the foregoing Affidavit Sworn before my Lord Chief Justice Pyne on the 29th March aforesaid Cha. Mansfeild Jurat coram me 30 Die April 1694. J. Blenerhasset BRyen Kelly of Gurtamullen in the County of Kerry Gent came before me this day and made Oath That on the 28th of January last the Ship Laurel of London Christopher Lyell Master drove up the River of Killmare close along before the Black-Water which being a very good Harbour the Master some Passengers and the Ships Company came ashore there in their Long-Boat and brought great quantities of Gold and Silver with them in Bags and as soon they came ashore they sunk the Boat and this Deponent verily believes that some contrivance was used in the Rudder to cause the Ship to stand up the River otherwise that she had in all likelihood put into that Harbour right afore the Wind which was then at S. W. and the said Harbour lying N. E. out of the River and saith that the Ship drove up about two Miles from Black-Water to Cappanacossy upon a fine easie Strand about seven a Clock in the Morning and in the mean time the Master Passengers and Ships Company walkt up by land to Dermot Mac Owens House at Cappanacossy almost as soon as the Ship where they behâ—ld the Ship driving to and fro with the Flood and Ebb from Morning till Night without any Soul on Board her save that some of the Seamen and one John Kelly went on board her to fetch out some good Liquor as also the Masters best Cloaths and Sword wherewith they return'd on shore again without dropping an Anchor or taking any other care of the Ship and with the Master and altogether made themselves merry ashore with Rum and Sugar all that day while the Ship continued driving to and fro before their Faces and saith That the Master Passengers and Ships Company were often desired to go on board their Ship and take care of her but still they reply'd God Dam her for a Bitch they would never put foot into her while they breathed with many other Expressions to the same effect and saith that the Master Passengers and Company did divide this great store of Gold and Silver among themselves to every one a proportion or share thereof and particularly the Mate of the Ship drew out a small Handkerchief full of Gold Rings and distributed the same likewise among them and saith That the Master Ordered his own share of the Treasure to be put into a Window near himself saying to the rest of the passengers and company that each had his share given to him and let every one look to his share as for himself the master he would not take care of any more than his own share which lay there near him in the Window And saith that had not Mr. Palmer come in the evening and put
broke the Hatches in pieces and forced into her Hold which they dâ—d by the order of Jacob Myars the Jew who bid them publickly go take what they could of the Ships Goods for themselves and this Deponent saith that he was in discourse with two of the Seamen about their Sailing who averr'd to this Deponent that they were four Leagues to the Westward of the Bull Cow and Calf and the Wind at West when they first made the Bull Cow and Calf and all the Ships Company took them to be the Skellox and tho' they designed for Kinsale yet the Master caused to shape a Course for Kilmare Charles Mansfield Jurat coram me uno Justitiaâ— Comit Kerry 28 die April 1694. J. Blenerhasset COrnelius Sulivan of Killowen in the County of Kerry Shipwright came before me this day and made Oath That he was one of the men that were employ'd by Mr. Thomas Palmer to go in the Boats to bring off the Ship Laurel from Cappanacossy on the 29th of January last in the Evening and saith that there went two very stout Boats well mann'd that Evening and several lesser Boats also well mann'd and when they told the Master that they would bring off his Ship he rejected them and bid them be gone out of his Ship they told him that his Ship fleeted and that the Night was very still and calm and had hands enough to tow her from thence and that they came on purpose to bring her away The Master fell into a great rage and bid them be gone or he would fire at them whereupon they all went ashore with their Boats admiring at the Masters diskindness to them for their kind offers And saith that he was aboard the said Ship when the Master and all the People deserted her on the 30th of January last at Cappanacossy and saith that when the Master had intelligence that Mr. Palmer's House was burnt and robb'd and all the Money lost which was carry'd thither out of the Ship the Master sell to cursing and damning and rail'd at his own felf for suffering it to be put ashore before the Ship was in danger and that there could no better come of bad Designs and cursed the Ship and swore he had no Business to carry her for London and that she should never leave that place and that such doings could thrive no better and commanded one of his men to let slip the Warp that she rid by which was accordingly done and left her to ride by nothing and the Master bid every man aboard to save what they could for themselves for all would be lost before next Tyde and to save two Casks of Indigo for himself and commanded every one to be gone sorth out ot the Ship whereupon the Master and every body left her and this Deponent told the Master that surely the Ship would drive and beat having nothing to ride by whereunto the Master ask'd this Deponent What was it to him this Deponent what became of her and bid him hold his Tongue and saith that the Master never caused the Fore-top Mast to be struck during the whole time of the Ships lying at Cappanacossy and saith that the Master Passengers and Seamen took no manner of Care of her but believes in his Conscâ—ence that they had one and all a full resolution to cast her away And this Deponent further saith that when the Master was going out of the Ship one Serjeant Fullerton told the Master that he the Master was a damn'd Rogue for leaving her and begg'd him to stay and look to the Ship but the Master would not be advised to stay though if a Cable had been out she could not be in any manner of Danger and the Serjeant bid the Master again to stay and that if he would stay he the Serjeant would stay with him but the Master fell a Cursing of her more and more and said let her split and drive to the Devil and saith that that day in the Afternoon the Master came ashore at Killowen and desired Mr. Richard Orpen to employ people to go on board to save what they could whereupon Mr. Orpen employ'd several people immediately and sent them on board and saith that when they went aboard they found her wallowing to and fro as the water arose and drove upon the ground for want of Warp or Cable out and saith that they brought her safe to a Creek that Night though she had much water in her hold and saith that the Master came not aboard till the 3d day after he had deserted her and seeing much water in the hold he the Master order'd a hole to be cut in her to let out the water which was accordingly done and saith that the Master Order'd 6 or 7 Hogsheads at a time of damnified Sugar to be hoisted over board to the Country people saying 't was better they should have it than that it should be lost and Mr. Orpen desired the Master to stay on board and bring his men to work to save the goods but the Master slighted every thing only that he took some sugar in Bags and carried the same to his quarters and saith that the Seamen of the said Ship came on board among the Rabble and were the first that broke open the Hatches and took up a Puncâ—ion of Indigo and several other Goods and made havock thereof to the Country people before Mr. Orpen went on board and this Deponent saw the Seamen receive money for the same Cor. Sulivan Jurat coram me uno Justiciar Comitat. Kerry 28 Die April 1694 J. Blenerhassett COrnelius Turtane of Foromore in the County of Kerry Mariner came before me this day and made Oath That on the 28th of January last he saw the Ship Laurel driving before Black-Water with her main-sail and foresail loose and lower'd a Hull beating and fluttering upon the Gunnells and Anchor Floâ—ks being about seven a clock in the morning and low water when she drove up to Cappanacossy upon fine easie ground and as the Tyde rose she drove on farther and farther upon the shoal and saith that the master passengers and seamen stood and beheld her and saith that the wind ceased and as the Tyde fell she drove back again and this Deponent went on board along with part of the ships crew which return'd ashore again with a Barrel of Rum for the master to make merry withal and none of them took care to drop an Anchor and this Deponent saith that he the Deponent saw then a very good Anchor stock on board and that the same was the stock for the sheet Anchor and he this Deponent askt the seamen why they did not put the stock to the Anchor they answer'd Let her be Damn'd for a Leaky Bitch as for their parts they were resolved never to trouble themselves more about her whereupon the Deponent sounded the Pump and found but fourteen Inches of Water in her and that it stunk grievously and saith that towards Night the
master and all the people belonging to her went on board again by the perswasion of Mr. Thomas Palmer and carried several bags of money with them but none took care to drop an Anchor until one Timothy Turtane a seaman of the Country got leave to drop the Kedge Anchor that had a warp to it and saith that he this Deponent is very well acquaint d with the Western coasts of Ireland and thâ—t on the 30th of January the Ship lay in three foot water at low water the day whereon the master left her and that it flows twelve foot at the same place at an 〈◊〉 ordinary Spring Tyde and saith that neither of the top-masts were struck when she drove to Cappanacossy but the fore top-yard had the Sail bent to it and that the fore-top-sail-yard was newly hackt and out about the middle and that the main top-sail-yard was likewise served so and broken off in the middle and hung flattering against the mast before she drove to Cappanacossy and further saith not c. Cor. Turtane Jurat coram me uno Justiciar Comitat. Kerry 28 Die April 1694. J. Blenerhasset TImothy Murphey of Gurtagasse in the County of Kerry Gent. came before me this day and made Oath That on the 30th of January last Christopher Lyell with all the people on board the Ship Laurell of London deserted her at Cappanacossy and left her as a Wreck and when the said Mr. Lyell came ashore being a little after twelve a Clock he desired Mr. Orpen to employ people to save what they could whereupon Mr. Orpen employ'd this Deponent and several others who went on board that evening and found no body in the Ship and saith that the Winds blew hard at S. W. and that the Ship beat with her broadside having much Water in her hold that this Deponent did loose the fore-top sail and placed a Man at the Helm and with Labour and Pains he and the rest employ'd by Mr. Orpen brought her safe to a convenient Creek and saith that he left Mr. Orpen providing of Men and Boats who came next morning betimes with men and boats to save the goods and saith that Bryen Kelly Samuel Aldwell Charles Carthy and Dermot Sulivan Junior came not to the said Ship until after she was brought safe to the Creek and saith that Dermot Sulivan Senior and O Sulivan More came not nigh her at all and that Richard Clark came not to the Ship until ten days after Mr. Lyell had deserted her and the Deponent further deposeth that the Rabble of the Country came down and fell upon her with their Hatchets and Tools to tear her in pieces and had not Mr. Orpen beaten them off they had undoubtedly destroy'd her and her Cargo and saith that no body did dare resist them until Mr. Orpen came and did rout them all from the place and saith that some of the Seamen belonging to the said Ship came on board the said Ship and while this Deponent and the rest employ'd by Mr. Orpen were busie about securing the Ship they the Seamen did forcibly break open the Hatches and took up a Punchion of Indigo and broke it open and made havock of the same and of the best of the Goods in the Ship and distributed them to the people of the Country and the Deponent saith that he Deposed in Court at the Tryal of the Indictment against Mr. Orpen on the 28th of March last to the same Effect as he now deposes here Tim. Murphy Jurat coram me un Justiciar Comitat. Kerry 28 Die April 1694. J. Blenerhasset JOseph Taylor of Killowen in the County of Kerry Gent. came before me this day and made Oath That he was on board the Ship Laurell of London Christopher Lyell Master on the 29th of January last when Mr. Richard Orpen came on board her and saith that Mr. Orpen was very ready to assist the Master in every respect to get his Ship out of Cappanacossy and first Examined the Pump and finding that the water was filthy and stunk told the Master that his Ship was yet very Tyght and well enough and that he the said Orpen would bring her off forthwith but the Master did not in the least incline thereto Mr. Orpen told him that his heavy Goods as his Guns should be immediately put ashore for that their weight aloft would make her swaddle and would do her more injury than ten times so much below but the Master Answer'd That he could not part with the Guns but must keep them for fear of the French Privateers but Mr. Orpen told him that they could not Attack him but in their Long-Boats and that 't were better to have small-Arm Men wherewiâ—h Mr. Orpen told him he could furnish him and that a small Battery on shore within Pistol shot of the Ship would do much beyond what he could expect from the Guns if he kâ—pt them aboard and discourse to this Effect but the Master did not like the Discourse but Answer'd at length that he would keep the Guns for a shew and saith that all her Guns except two lay in disorder not fit for service heads and points along ships and remained so still and saith that Mr. Orpen discours'd him about his Anchors and askt him how he rid he Answer'd by a small Kedge Anchor that had a small warp at it and said he had lost his best bower and that his Sheet Anchor wanted a stock Mr. Orpen told him that there was very good season'd Timber within Pistol shot of the Ship and desired him to send his Carpenter thither and told him that he would send some of the Country Carpenters to help him and thaâ— he should have a stock in an hours time but the master slighted it and this Deponent saith that the master pretended that he had not a Sail left and were forced by distress into this River but this Deponent saith that he saw a very good main-sail to the yard and saw a great parcel of Sails in the Gun Room which he believes were new Sails but there being none of the men belonging to the Ship on board all that day only the Master Carpenter and Gunner Nothing was done towards the getting the Ship away from that place tho' she flected and the Weather temperate and this Deponent saith that while Mr. Orpen was aboard there was a man of the Country brought before him for some misdemeanor against the master whom Mr. Orpen ordered to be tyed Neck and Heels but the man slipping over the side into a Boat Mr. Orpen order'd to have him followed forthwith and brought into the Ship and there caused him to be tied by both hands to the Gang-way and with a Ropes end to be beaten with many Stripes for Example that no others might dare presume to Transgress and this Deponent further saith that the Night following being a Calm Glorious Night several of the English came with their Boats to the Ship and told the Master that they would bring
vvas concern'd in the Stratagem or not They gave an account that on the 27th of January 1693 in the morning they were four Leagues to the West of the Bull Cow and Calf appendix page 18 when first they made them and believ'd them to be the Skellox until they were undeceiv'd by the Main Land so near them and tho' they declar'd a Resolution for Kinsale and to lye there appendix page 18 until some Ship of War could come and receive them into her care and convoy them safe for London yet one may conclude that they shap't an extravagant careless Course to stand for the River of Killmare vvhereas the wind being at West four leagues to the west of the Bull c. appendix page 18 They might sail in a manner right before it for the Old Head of Kinsale The heavens acted nothing to the contrary and had they designed vvhat they pretended It 's very manifest by Scale and Flovver-de-luce and by the accompts of the Winds and the sufficient good order of the Ship that she might have arrived there vvith less difficulty then she did in Killmare But Killmare was the place alloted for the fatal knock which without Resolution or premeditated intention could not be well accomplish'd in that River by reason of the many Harbours gaping on every side thereof to receive and entertain any Ships whatever and by reason of the boldness of the Shores upon the River and all these Harbours so as a Ship Turning up the River or into the Harbours may safely dare to Nose every Rock with her Boltsprit I say not appendix page 18 well to be accomplisht especially while the wind held its own at W. the River lying W. S. W. and E. N. E. but two points from blowing directly up the River and might very well serve for putting into any of these Harbours Capanacossy is the only Shole and lyeth near the upper end of the River But so landlockt that there is no manner of Danger because the greatest Winds appendix page 12 have not power to create Seas or to make any appendix page 5 more then a small cockling of the water And 't is to be observed for ever that it 's the Seas and not the Winds can do a Ship any considerable prejudice in cases of distress of this kind for let the Winds be never so violent a Ship shall never beat in smooth Waters Into this River as the place of Execution they arrived on the 27th of January 1693 in the evening and dropt their best Bower and so came to an Anchor under Rossmore-point about mid-way up the River where as the winds continued still at West she might ride well enough as she did all that night for they were not resolved to cast her away untill they had fix'd upon a convenient shore to save themselves and their mony in their long boat That evening they had a full prospect of the greatest part of the River and the openings of the several Harbours Next morning a little after Six a clock they cut their Cable pretending that she would not ride for want of the Mizen-Mast for they had taken care to cut That by the board before she came into the River to prevent her yawing as she sayl'd afore the winds as tho' nothing could prevent it but the cutting away of that Mast But the reasons why they wounded and hackt the main-yard the fore-yard and the fore-top-saile-yard in several places about the middle of the yards are yet appendix page 18 kept to themselves But would they speak ingeniously they must say 't was done that they might crack and break in sunder when the sails should appendix page 22 fill with the violent winds and thereby make the greater shew of distress Having cut the Cable she drove up along the north side of the River and coming towards Black-Water a very good Harbour and right afore the wind which appendix page 6 now veer'd to the S.W. they made ready and the appendix page 12 Master Passengers and the whole Ships company appendix page 6 got out with their Treasure of Gold and Silver and in their long-boat they came ashore at Black-Water appendix page 6 and presently sunk their boat and marcht appendix page 12 up by land along the River side about two miles from Black-Water to the house of one Dermot mac Owen at Cappanacossy about seven a Clock that morning but their Ship was got appendix page 6 to Cappanacossy almost as soon as they without appendix page 11 a Soul on board her where she drove to and fro appendix page 6 before their faces with the Flood and Ebb all appendix page 12 that day while the Master Passengers and appendix page 21 Company divided the Treasure among themselves appendix page 22 to every one a share and sent for Liquor appendix page 1 from on board to make themselves and appendix page 12 the Country People merry Renouncing their Ship and declaring her a Wreck in a place appendix page 3 where a Ship could not be lost but by some Sinister means But their greatest concern was how to provide Horses and Conveniencyes to carry themselves appendix page 12 and their Treasure out of the Country without any manner of regard to their Ship or Cargo They mockt and spurn'd at every body that advised them to betake themselves to their Ship And such as were importunate to have her saved appendix page 2 they caused to be soundly drubb'd Having spent that day in jollity and carrousing after the Treasure was distributed The appendix page 13 Master at length was prevail'd upon to write to Mr. Thomas Palmer a Minister and one of the Justices of the peace of that County living about three miles up the River side from Capponacossy And in his letter he pretended some appendix page 31 distress and that he had not a sail left tho' at appendix page 18 the same time there was a whole suit on board appendix page 25 Whereupon Mr. Palmer went to him in the evening and told him that his Ship was in very appendix page 13 â—tle danger and advis'd him to get his men toâ—ether appendix page 33 and go on board again But the Maâ—er seem'd to despair of ever getting her out of appendix page 7 â—at place and desir'd that some of the Country appendix page 12 â—eople might make the most they could of her â—ut Mr. Palmer bid him still be of good courage â—nd told him that she could be saved without any â—anner of difficulty And then by further discourse â—e understood that they had great quantityes of â—old and Silver at Dermot mac Owen's house â—d did therefore alarm them to go on board appendix page 33 â—ith their Treasure telling them that the â—untry abounded with Toryes and that their appendix page 7 â—ip was the best Garison in those parts upon appendix page 13 â—hich apprehension of the Toryes the Master appendix page 7 â—ssengers and Seamen repair'd again to their appendix page 33
the Evening after Sun-set and presently afterwards there came to the Ship several stout boats manned with English men and their servants which were appendix page 24 sent by Mr. Palmer to bring the Ship out of that appendix page 24 place and being amost glorious calm night full Moon the Ship fleeting and the spring Tyde yeâ— increasing nothing was more possible then to towâ— her away as in a Mill-pond appendix page 29 The men went on couragiously on board overjoyd to see how the Winds the Tyde the heavenly Luminaryes and every thing conspir'd together towards their good success to relieve the Master in that his pretended misfortune and heartily spoke to him and told him Sir we are appendix page 25 now come to bring off your Ship which with the help of God we will accomplish without any appendix page 29 manner of difficulty whereupon the master answered appendix page 3 them in a wrathful sort of dialect and in a rage appendix page 24 bid them all get out of his Ship some of them appendix page 29 reply'd That they came to do him good service anâ— appendix page 24 deserved not to be so treated and admired hiâ— appendix page 4 meaning and told him That they heard that the Torys did resort near the shores to robb people aâ— they came and went by land to and from the Ship and that themselves could not well row back against the violent Ebb of a spring being theâ— near high vvater and 't was not safe for them tâ— go ashore least they should fall into the hands oâ— their enemies but he told them again that hâ— cared not what became of them and if they did noâ— hasten out of his Ship he would fire upon them appendix page 19 and so retires furiously as though he resolved tâ— appendix page 20 bring some small arms to fire at them through thâ— port-holes of the steerage vvhich astonish'â— them to see the Master so highly incenseâ— against them for their kindness But to avoid his malice they got into their Boats again and so went ashore That night about 12 a clock Mr. Palmer's house was set on fire in several places by the Toryes who made several Shotts in thorow the doors â—he men then in the house were Mr. Palmer the Ships Mate Mr. Spires Mr. Myars Mr. Row and George Fleming from whom several â—hotts were returned out of the doors and windows but the fire increasing vehemently about â—heir ears they were forced to break open the doors and submit themselves to the Toryes who presently entred the house and Mr. Myars shew'd â—hem where the Chests lay that had the mony which the Toryes immediatly took away out of â—he house wherein besides the Treasure were great store of fine embroider'd cloaths both for men and women which as suppos'd did beâ—ong to the right Master of the Ship and his wife All thinking People of that part of the Kingâ—om agree That the putting the treasure of â—he Ship into Mr. Palmner's house after this clanâ—estine manner without acquainting him therewith especially while their Ship lay in no danâ—er was for some sinister ends and nothing â—ore evident then that the Master Passengers â—nd Seamen were resolved to slip away with the appendix page 13 Mony and Gold and by some devilish instigatiâ—n appendix page 19 had concluded to destroy the Ship and Carâ—o appendix page 8 whereby they might be allow'd some room to alleadge that all this Treasure was likewise plunder'd rappareed by the Rabble of the Country But designes of that sort have their end most commonly not unlike their begining for it s believed that the master passengers and Ships company had as little right to that treasure as the Toryes that Robb'd them Neither did it prosper much better with the Toryes for soon afterwards they grew into high variance about dividing the spoil and their leader who had the greatest share was shot through the body with three bullets by such another as himself whereof he dyed without giving any manner of account where he had hid his Talent Thus the iniquityes of the wicked have fallen upon the heads of the righteous for Mr. Palmer whose Life and Conversation have been an Ornament to his Profession and who has always had an unspotted Reputation is hereby together with his Family utterly ruined his house and all his substance burnt to the ground himself his wife and children forced to flee naked out of their bedds without saving so much as their wearing Apparelâ— appendix page 17 But the projections of the Master rested not here for next morning betimes being the 30th oâ— appendix page 19 January he had an account of what hapen'd at Mr. Palmer's Then began his confusion in appendix page 29 mind What says he all the mony lost and the Ship still alive If I save her now and sail her for London the Owners will be upon my back for the mony For how can I answer such an unpresidented thing to put the mony ashore when the â—hip was in no manner of danger O wretched state of Man which greatest things To greatest downfal and confusion brings Had not the mony been lost I had enricht my self â—nd could have made the better terms about it â—hether I had sunk the Ship or saved her Had â—ot the mony been lost I could have sunk the â—hip and pretended that all was lost together â—nd havockt away by the Country What shall do The holes are already bored throw her â—ottom and much water already in her hold she â—es now in three foot water at lowest Ebb and â—nd how will it be with the Sugars when it flows 2 foot more this next Tyde Come I am reâ—olved Sirrah go flip the Warp that she rides â—y and let her fill and beat and drive to the appendix page 20 â—evill that possest me when I first possest her will veil this prank of the mony by comitting worse upon the back of it Let her split and â—rownd and be damn'd The Master was heard to put forth several ejaâ—ulations appendix page 19 of this kind whilst he ranged about from appendix page 17 â—he great Cabin to the Deck and from Poop to appendix page 29 â—row snarling at every body that spoke to him â—ut no body knew yet what he meant by saying â—at the holes are bored throw her bottom While â—e was thus railing at his fate and cursing his â—arrs The People with the boats whom he appendix page 4 had turnd out of his Ship last night for offering appendix page 24 to save her came on board again and profered appendix page 25 their service which the Master still renounced appendix page 29 and refused But at length the winds arising appendix page 25 hard at Southwest the Master about 12 a clock appendix page 4 and young flood called to them and told them appendix page 25 that all the Goods would be lost that Tyde and appendix page 19 bid them
very Sails Riggins and Furniture that were left of the said Shâ—p and conveyed them away among the rest of the goods Answ How now Mr. Examinat you want the main property of the fourbe or fripon Wit a good memory Has the tediousness of your bladder-blown Examination made you forget in the Rear what you have said in the Van therof it 's not above half an hours reading since you have plainly said in Page 56. that she had lost all her sayls Had the Saylers Master and Examinat been as sound at heart as the Sayles all had been well and the adventerous Owners might have received a Successful return Now Mr. Examinate you must call aloud to your high Sh. Captain and Mr. Bl. and try if t'other bagg of Sugar a piece to each of them can help you Nay can any pecuniary mulct wipe this Blot out of your Escutchcon if you have any coat of Arms What Hocus-Pocus tricks are here 'T is and 't is not The Master in his Letter appendix page 31 of the 28th of January to Mr. Palmer and you in the forlorn part of your Examination agree that she had not a sail left yet towards the fagg-end of the same Examination Orpen and Crump took away the very sayls c. But least the curious Reader might be at a loss to know which is which appendix page 18 or where to believe you 't is most obvious to the appendix page 13 World that she had a very good suit of sayles appendix page 25 when the Master forsook her and had not the unlawful lucre of the 2500 l. withdrawn the hearts of the Saylors the Sayls might have carryed the Ship far enough from Orpen and Crump XVII That this Examinat Passengers and Ships Crew being strangers in the Country the said Orpen and Crump gave out ridiculous reports about them purposely to frighten them and make them odious to the Country the said Orpen confest to this Examinat and afterwards advised him to run away and leave Ship and all behind them telling them that if they would stay he believed they would be all knockt in the Head Answ Though they were strangers in the Country 't was the Mate and Carpenter that gave out ridiculous reports of them and discovered the whole intrigue of destroying the Ship 't was their own Consciences whose ghastly Spectrums they could not be rid of and not Orpen and Crump that advised them to flee from the place where they had committed so vile a fact but few abiding upon that ground where themselves have been Guilty of Blood-shedding or other foul crimes XVIII That within 12 days after the said Orpen and Crump had taken possession of the said Ship Mr. Charles Monke the Kings Collector for that County Mr. Edward Herbert the high Sh. Mr. Gibbings the Surveyor and Capt. Gregory Governour of Rosse-Castle came with several Soldiers to take the Examinate and the rest belonging to the Ship prisoners the said Orpen having informed them by Letters that they were Pyrates or little better Answ The Examinate has not yet found his Journal for 't was within Seven dayes after the possesion that Mr. Monk Mr. Herbert Capt. Gregory and Mr Gibbings came into that Country and the Soldiers came to guard them and not to take the Examinate and company Prisoners Neither were there any such Letters as the Examinate Speaks of But there wanted not grounds enough to have them taken up The Carpenter having upon Oath before the Capt. and high Sh discovered the whole plot that destroyed the Ship and Cargo But they had more Grace then to take them up having a far greater appetite to take up some Wallets of Indigo and Sugar XIX But the said Collector understanding by their Clearings of the Office and Government of Jamaica which the Captain produced that they were wronged gave no Credit to the said Orpen and Crump but was highly incensed against them and told them that he would acquaint the Government of their villanys whereupon the said Orpen delivered up the Ship to the said Captain But stopt the goods that were visible in his posession alleaging that he ought to have the half Salvage and quitted the seizure Answ The Collector never understood by their Clearings that they were honest men for they appendix page 46 produced but very imperfect Bills of loading particularly there was for the Indigo no other Invoyce but thirteen barrells whereas Mr. Orpen made it appear to their faces that there was a great deal more and other sort of Casks as Punchions appendix page 21 and Hogsheads of Indigo and other Goods appendix page 33 which were havockt away by the Examinant and by the rest of the Ships Company But this Lyell was never Shipt as Master but the Master dying as they alleage after they left Jamaica Mr. Lyell as he pretends was desired to take upon him the charge of the Ship and thus appendix page 46 he became Master yet all this while the former Masters pocket-book or any other thing to shew their honesty from Jaimaca or a true Invoyce from thence was never produced so that whether any part of the Cargo was transhipt into any other Ship at Sea is yet doubtful And though they appeared as very honest men to the high Sh. Capt. Greg and Mr. Bl. It was not so until some handsom oblations of Sugar Indigo and Cotton were first made But as for delivering up the Ship c. the Master would not be perswaded upon any terms to look after her had not Mr. Monk cry'd appendix page 45 shame at him he had not gone to her any more and though by much ado he was now in a manner appendix page 46 forced to go on board Yet he left her the same day and came not to her in five dayes after nor then until he was Soundly raild at again by Mr. Monk for his Neglâ—gence and tho' he remained in the Country for three weeks afterwards so careful he was that he went away and left the Fustick lying among the water and Ballast XX. The said Examinat further saith that the said Orpen produced a Letter to him which he said he received from Thomas Farren Esq Judge of the Admiralty as Cork and the said Captain Waller ordering him to seiz the said Ship and Cargo aforesaid Answ There was no Letter from Mr. Farren and Capt. Wallers Letter was dated the 25th of February being 12 dayes after the Examinate left that Country in which Letter are these words Be carefull of every thing belonging to the Ship Laurell for since the men are saved the Ship and Goods are still the Owners for which you are to have Salvage but the distorted opticks of the Examinant have extorted words of other shapes and hews from a Letter which he never saw XXI And further saith that the said Orpen did confess to this Examinat that he gave out many false and Scandalous reports upon the said Captain and company but it was in passion Answ
when first they made them and designed for Kinsale and might have Saysd thither right afore it when they stood extravagantly for Killmare and then what danger could there be when they were got nine leagues up into such a River appendix page 22 2. That they cut and hackt their yards that appendix page 18 they might break and make a shew of distress 3. That they forsook their Ship at Black-Water-mouth appendix page 6 where there was no manner of appendix page 12 danger and carry'd their mony ashore and sunk their boat and trickt the Ships helme that she might not follow them afore the wind into the Harbour appendix page 31 4. That the Master and the Examinate have appendix page 13 both averr'd that they had not a Sayle left when appendix page 18 there was a very good suit of sayles on board at the same time appendix page 7 5. That they resolved to go no more aboard appendix page 13 untill Mr. Palmer told them of the Toryes 6. That Mr. Palmer told them their Ship appendix page 7 was the best Garison in the Country and why appendix page 42 then would they carry their mony ashore the Ship being in no manner of danger appendix page 1 7. That she drove to and fro before their appendix page 2 faces all that day with her sayles lower'd a hull appendix page 18 no anchor dropt and all means for preservation appendix page 10 despised at length the Kedg-anchor was dropt by a stranger and she fleeted day and night 3 12 29 14. 8. That the Master denyed that he had any appendix page 21 stock for his sheet Anchor whereas the stock was then on board 9. His refusing to have a stock made in an appendix page 24 hours time 10. That the Examinate positively saith that O appendix page 15 Sulivan More Mr. Clark Mr. Aldwel and Capt. appendix page 23 Carthy were turned out of the Ship Whereas O appendix page 10 Sulivan More never came near her Mr. Clark appendix page 16 came not in 10 days Mr. Aldwel Capt. Carthy appendix page 26 who came not until next morning were employ'd appendix page 32 by Mr. Orpen to whom all do attribute the right of Salvage 11. That the whole Cargo especially the Sugars appendix page 5 was in a manner damnified before Mr. Orpen appendix page 10 went on board by means of the holes which appendix page 20 the Master made in the Ship 12. That the Master when he forsook the appendix page 4 Ship for good and all desired only 2 Casks of appendix page 25 Indigo to bear his charges out of the Country and appendix page 29 bid every body take the Rest a hopeful invitation to the Country to come in and tear her all to pieces 13. That by Peter Row's Examination before Barron Ecclin and by all other Examinations hitherto it never appeared that he had any Sugar at all in that Ship yet Orpen was found guilty for two hogsheads which Mr. Row had not in the Ship and not guilty for the Lyme-juice which was in the Ship 14. That the Master at the Tryal of the indictment answered upon Oath that he could not Accept of the assistance of the boats to bring appendix page 30 away his Ship because 't was a most dismal stormy night and so dark that he could not see his hand whereas it was proved in open Court to be full moon and a glorious calme night appendix page 30 15. That the Master declar'd that she was very appendix page 12 leaky and in regard that the water stunk he appendix page 42 alleg'd that the Sugar made it stink 16. That there 's one thing more observable in Mr. Orpen's Justification Viz that there were but eight hogsheads of Lyme juice on board and so many he saved without imbezlement and might have done the like with the Sugars and all the appendix page 17 rest had not the Master bored the holes and slipt appendix page 19 the warp and turn'd her loose to the Mob and her own men appendix page 62 17. That the Examinate gives a long account appendix page 15 though he never went near her after the 29th of appendix page 32 January 1693 being the day before the Master appendix page 10 forsook her But what has leak'd away through appendix page 16 the warpt hulk of his wind-shaken memory touching the Sayles that were and were not appendix page 26 Turning the people ashore that never were on appendix page 32 board That she rid by a Cable when there was not so much as a Warp out c. is Supplementally repaired in his idaeal Examination of the whole proceedings which he likewise never saw and were not appendix page 40 18. That Cap. Greg.'s men sold the Ships Goods and he imprisoned the Buyers till they compounded with him for 6 Guineas Bribe and then set them at Liberty yet sent his Brotherinlaw and other Soldiers to take away the Goods 19. That it 's admirable that neither the Examinate nor the Master hath in all this progress given an acompt that they fired some great number of Guns for Pylots Since they fired none at all during the whole time of their pretended distress 20. That by their own confession upon Oath appendix page 42 she came ashore after 7 a Clock in the morning appendix page 1 and suppose that there were no wittnesses to prove appendix page 3 that she fleeted afterwards as there are the appendix page 6 whole Country that she did all that day to and appendix page 12 fro' with Flood and Ebb Lay it before all the appendix page 21 Mariners in the world If a W. S.W. Quarter S. Moon gives high water in the River of Killmare then about 8 a Clock in the morning on the 28th of January last gave low water in the same place and all those Mariners will say that a Ship striking at low water vvas never before knovvn to stick in a calm pool but infallibly brought off unless some leaks had set her dovvn and so kept her fâ—st as the â—yde arose But to clear that point she Remains in Killmare Tight to this day save the holes that the Master caused to be made in her which was not till three dayes after she struck 21. That the Master Passengers and Ships Company have no way to save themselves but by laying their horrid Crimes upon others and what will not such Principles alleage say and Swear And what will they not give for wittnesses rather appendix page 11 then ly in Goal for such a Cargo and so much mony Look back to 43 and 44. 22. That the high Sh. Capt. Greg. and Mr Bl. have been more then ordinary mercenary in the whole proceedings Et dabit Deus his quoque finem 23. Why is Mr. Orpen prosecuted who saved appendix page 45 all that was to be saved and gave a fair account and may be most serviceable to the Owners And why are thâ—â— thâ—â— have imbezled above a
coram me un Justiciar Com. Kery 28 Die April 1694. J. Blenerhassett And the Deponent further saith That in Court at the Tryal of Mr. Orpen on the 28th of March last at Tralee that he the Deponent Swore to every thing before mentioned except what is said about the money and had declared that also if he had not been interrupted by the High Sheriff and thereupon the Deponent was put by and heard no further this Deponent saith That the master and the High Sheriss of Kerry did often offer this Deponent three and twenty Guineas and two hundred weight of Sugar if he this Deponent would but get the Note back from Mr. Orpen which the master had given for Salvage Bryen Kelly Jurat coram me 28 Die April 1694. J. Blenerhassett JOhn Kelly of Grenune in the County of Kerry Gent. came before me this day and made Oath That on the 28th of Jannary last about 7 a Clock in the morning the Ship Laurell of London Christopher Lyell Master drove up to Cappanacossy in the River of Killmare without any person on Board her upon very good easie ground and saith that presently afterwards the master came up to the House of Dermot Mac Owen of Cappanacossy and saith that the Master and Company brought several bags of money with them to that House and this Deponent discours'd with the master and found that the Ship came from Jamaica and that the master and company had quitted the said Ship at Black-Water about two miles West ward of Cappanacossy and admired that they did not bring the Ship into Black-Water being right before the Wind which was then at S. W. or thereabouts and being a very good Harbour and saith that the master sent for Rum and Sugar in abundance from on board the Ship and there with he the Master and Company with some of the Country People made merry till towards Evening and saith that the Master Mr. Myars and Peter Row two Passengers enquired very earnestly for Horses and Conveniencies to carry themselves and their money out of the Country to Cork or Kinsale whereupon this Deponent and others advised the master rather to betake themselves on board with what money they had whereto the Master Reply'd That she was good for nothing and a Wrack and let the Devil take her as for himself he would never lay his Leg over her side again while he breathed and this Deponent saith that the said Dermot Mac Owen this Deponent and others told the Master again and again that she could be no Wrack in that condition for that by her fleeting up and down with the Tide and Ebb it appeared that the was Tight and in regard that the worst of Winds made no Seas in that place she was not in danger and they still desired him the said Master to betake himself and Company to their Ship again but the more the Master was advised to go and save his Ship the more he abhorr'd her and renounced her and continued saying that if he could but get Conveniencies to carry himself Company and Passengers and their money our of the Country he did not care if the Devil had the Ship and all that belonged to her but at length by the perswasions of this Deponent and others the Master writ a Letter to one Mr. Thomas Palmer a Justice of the Peace in that Country wherein he seemed to pretend that his Ship was in distress and craved Aid and mentioned in his Letter that he had not a Sail left and this Deponent saith that next day he this Deponent was on board and saw in the Gun Room 4 or 5 large Sails which this Deponent believes were New Sails and this Deponent saith that in the Evening Mr. Palmer came to the Master at Cappanacossy on the 28th aforesaid and saith that Mr. Palmer discours'd the Master and finding that he had great quantities of Gold and Silver at Dermot mac Owen's House Mr. Palmer then told the Master that he was in danger of losing his Money for that the Tories were said to be hard by Upon which apprehensions of the Tories the Master with his Company and Passengers went on board again that Night about an hour after Sun set But this Deponent verily believes that if the Master had not been afraid of the Tories that neither the Master nor any of the Company or Passengers had ever returned again to the Ship for that the Master Passengers and Ships Company had divided the Money and Gold amongst themselves to every one a share before the Letter was sent to Mr. Palmer and remembers that the Master bid his Boy to carry his viz. the Master's share of the Money and lay it by in the Window and added in these words That every one had his share of the money divided and given to him and let every man secure his own share And saith that the mate and men declared that the Ship owed them a years Wages and swore that she should never owe them any more that they had divided what Money was in the Ship among them selves that they would be gone some to Cork some to Kinsale c. And this Deponent further saith That while the Master and the company and passengers aforesaid were at Dermot Mac Owen's house that they made themselves ready to go away out ot the Country with their Mony having put on several Shirts a piece and drest themselves up with their best cloaths And saith that the Master had also drest himself to be gone And saith that he this Deponent was the person that brought the Master his best cloaths and a fine Sword out of the Ship by the Masters orders And saith that when the division of the Mony and Gold was made that the Mate drew out a handkerchief that had about fourscore Gold Rings in it and divided the same likewise among them and saith that all the said persons belonging to the said Ship left a great parcell of their worse cloaths upon the Green and threw the same away near where the Ship was driving to and fro as aforesaid And saith that one Timothy Turtane and several others told the Master before and after the Master went on Bâ—ard on the 28th at night that they would save the Ship and carry her into a safe Harbour forthwith But the Master still refused and would not consent to have her brought out of that place And saith that the Ship was driving to and fro and after the Master and the rest of the persons belonging to her were all on Board again no body took any care to drop an Anchor And faith that Timothy Tertane desired the Master to drop an Anchor the Master answered that he had no Cable in order Turtane told him he would drop a small Anchor which was on board that had a small Warp to it the Master told him he might let it alone but at length the Master consenced that it should be dropt And saith that she rid by no other than that
small Warp until she was deserted by the Master which was the third day after she arrived at Cappanacosâ—y And saith that before the Master deserted the Ship he often said that she was not worth looking after and that all her Cargo except the Indigo was all damnified and ruined before she came into the River of Killmare And this Deponent further saith that on the 30th of January last the Master and all the company deserted the Ship And saith that as soon as he came a shore he the said Master met with Mr. Richard Orpen and told him that the Ship was left in an ill condition and that the Goods were all lost by that time and that the Ship would split presently and desired Mr. Orpen to send all the hands he could aboard to save what he could and desired the said Orpen to go and take care of the same whereupon the said Orpen sent several persons on Board who took care of the Ship and brought her safe to a Creek and saith that Richard Clerk Samuel Aldwel Bryan Kelly Charles Carthy Dermot Sulivan and Dermot Sulivan Junior came not nigh the said Ship until after the other people employ'd by Mr. Orpen had brought her safe to the Creek John Kelly Jurat coram me April 7 die 1694. Fran. Burton WHereas it hath been alledged that Coll. Daniell O Sulivan More of Dunkeron in the County of Kerry being the chief of the Irish Gentry in those parts was lately employd or desired by Christopher Lyell Master of the Ship Laurell of London to go on board the said Ship as she was in distress at Cappanacossy after the Master had deserted her on the 30th day of January last And that the said O Sulivan More was turned out of her by Mr. Richard Orpen Now for the manifestation of truth the said O Sulivan More came before me this day and made Oath That the said Master or any other person whatever did never employ or desire him the said O Sulivan More to be concerned in or about the said Ship or goods at any time whatever And saith that he the said O Sulivan More nevar went nigh the said Ship upon any accompt at all And that there is no other O Sulivan More but himself in this Kingdom neither can there be any other while he this Deponent is alive and that there hath been no other O Sulivan More in the Kingdom for many years past but only he this Deponent Dan. O Sulivan Jurat coram me 28 die April 1694. J. Blenerhasset CAptain Charles Carthy of Nedeen in Glannerought in the County of Kerry the chief of the Irish Gentry of that name upon the River of Killmare came before me this day and made Oath That had not Mr. Richard Orpen gone on board the Ship Laurell of London when she was stranded near Cappanacossy And taken upon him the management and defence of the said Ship he verily believes that she and the Cargo had been destroyd and torn in peices by the Rabble and Rapparees and severall of them wounded by him who were crouded in and about her in great numbers and were expell'd and disperst by the said Orpen And saith that the said Mr. Orpen did not expell nor turn him this Deponent ashore out of the said Ship but employd him this Deponent to help save the Goods and saith that this deponent was never spoke unto or employ'd by any person belonging to the Ship to go on board her neither was he this Deponent ever concerned therein upon the account of any of them And saith that he was named in the Note which the Master gave wherein he promises one half for Salvage And this Deponent saith That he was named therein upon no other account than as a Friend of the said Mr. Orpen and employed by him And this Deponent saith that he this Deponent did not go on board the said ship after the Master had forsook her on the 30th of January until the 31th in the morning which was after she was brought safe to the Creek by some other People employ'd by Mr. Orpen the day before And saith that none of the said Persons named in the said Note for Salvage went on board her until she was brought safe as aforesaid into the Creek Charles Mac Carthy Jurat coram me un Justiciar Comitat. Kerry 2 die May 1694. J. Blenerhasset RObert Payne of Killowen in the County of Kerry Yeoman came before me this day and made Oath That he was on board the Ship Laurel along with several of the English of Glannerought when she lay at Cappanacossy on the 30th of January last and saith that about 12 a Clock that day the Master after he heard that Mr. Palmer's House was Burnt and Robb'd bâ—gan to curse and rail at the Ship and often wish'd her in a thousand pieces and call'd all the People that were on board and bid them save what they could for themselves and after he had given them Nine Barrels of Indigo he desired them to help him out with two Barrels more for himself to bear his Charges out of the Country saying that all would be Lost forthwith And faith that he told the Master that one of his men had slipt the warp which the ship rid by who took no manner of notice of it But the Deponent ball'd out to him again and told him that the ship would drive as soon as the Tyde would rise whereupon the Master fell to cursing and damning at the Deponent and bid him get out of the Ship and then the Master and all the People on board quitted the Ship without riding her by any manner of Warp Cable or any thing else whatever And saith that as the Tyde arose the Ship did accordingly drive along the ground Robert Payne Jurat coram me uno Justiciar Com. Kerry 28 April 1694. J. Blenerhasset CHarles Mansfield of Glannerought in the County of of Kerry Gent. came before me this Day and made Oath That when he first went on board the Ship Laurel of London being upon the 28th of January last he found some of the Ship-Yards hack'd and cut in several places about the middle as the same hung at the Masts squar'd and verily believes 't was done at Sea with an intention that the same might break to pieces when the Sails should fill and thereby to make a shew of distress at Sea And saith that when he was aboard he saw a whole Suit of very good Sails in the said Ship viz. a Fore-sail Fore top-sail Main-sail Main-top-sail and Mizen-sail and saith that while Mr. Orpen kept the Keys where the Ship-Goods were at Killowen there was no Waste nor Imbezlement thereof But after that the Master and the High-Sheriff had taken the same into their care there were several Imbezlements and the Stores frequently Robb'd and saith That several great quantities of Indigo and other Goods were plunder'd and carry'd away out of the Ship Laurel by the Men belonging to her and that they
a safe Harbour and this Deponent with several boats well mann'd being a calm Moon-shine Night with the rest of the people belonging to the boats went on board and saith that as soon as the Master understood that they came to bring off his Ship he the Master immediately turn'd them all ashore in great Wrath and would not upon any Account permit them to stay to bring off his Ship and next Morning this Deponent came on board again with several English Men the Wind then at South East and the Deponent told the Master that they would bring off his Ship but the Master would not be perswaded to consent to it but often wisht that she would split in a thousand pieces and saith that by and by there came one to the Ship with News that Mr. Palmers House was Burnt and Robb'd and then the Master seemed less careful of the Ship than before and saith that about 12 a Clock that day being the 30th of Jan. aforesaid the Master bid every body to save what they could for themselves and saith that after he had delivered to the said people on board 9 Barrels of Indigo he the Master desired them â—o help out two Casks of Indigo for himself to bear his Charges out of the Country and bid them take all the rest of what they could save to themselves The two Barrels of Indigo being hoisted over the side into the Boat the Master commanded every one to be gone out of the Ship saying that all would be lost that Tyde and the Ship would split forthwith whereupon every body left the Ship and came ashore at Killowen and saith that afterwards this Deponent and the rest of the people belonging to the said boats were contented with some small part of the 9 Barrels of Indigo which the Master was pleased to bestow upon them and this Deponent saith that he was present at the Tryal of Mr. Orpen on the 28th of March last upon an Indictment concerning the said Ship where Mr. Orpen made appear that the Master had more mind to destroy than to save the said Ship and the Master being askt by my Lord Chief Justice Pyne why he turn'd the people ashore that came to bring her away to a good Harbour and why he did not suffer her to be brought off the Master Answer'd that 't was a most dismal Night and so Dark that a Man could not see his Hand whereupon Mr. Orpen call'd for an Almanck and thereby prov'd it to be near full Moon and by Witnesses that 't was a Calm glorious Night and the Master did also give a further Account that there was but two Tyers of Sugar in the Ship at first and that the lower of those Tyers was destroy'd by the Ships Leakiness before she came to Cappanacossy but Mr. Orpen alleadging that when he Tryed the Pump the Water stunk which denotes a Tyght Ship The Master replyed that the Sugar made it stink William Sanford Jurat coram me un Justiciar Comitat. Kâ—rry 28 Die April 1694. J. Blenerhassett January the 28th 1694. SIR THis is ta acquaint you That by Distress of Weather I was drove into this place where I am altogether a Stranger and want the Assistance of some good Gentleman desiring the favour of you not doubting your Assistance to one in a Strange Country and in such Distress and not having a Sail left and our Ship Stranded ashore is what Serves from your Servant to Command Christo Lyell From Mr. Sulivan at Cappanacossy pray send by the bearer two or three Lines To the Reverend Mr. Thomas Palmer January the 30th 1693. I do hereby Certifie to all whom it may concern That I have Impowered and Authorised Richard Clark Samuel Aldwell Bryen Kelly Charles Carthy Dermot Sulivan and Dermot Sulivan Junior to go on Board she Ship Laurell to possess and make use of all what they can find there as also the Ship and Rigings thereunto belonging and do Promise and Oblige my self to give the said Parties the one Moity of the said Ship and Goods as Salvage Given under my hand Christo Lyell Witness Enoch Hoare WHereas Christopher Lyell Master of the Ship Laurell has lately given us a Paper under his hand to go on board the said Ship as she was in distresse in the River of Killmare for which we were to have half of what could be Saved of the said Ship and Goods on board her According to the Tenor of the said Paper We do for the Manifestation of Justice and Truth hereby aver and declare to have been no otherwise concern'd therein then as friends of Mr. Richard Orpen and Employd by him upon that service to whom we attribute the true Right of Salvage of what was saved of the said Ship and Goods Witness our hands this 23d day of February 1693 Ri Clark Dermot Sulivan Dermot Sulivan Cha. Mac Carthy Sa. Aldwel Bryen O Kelly By the Right Honourable Sir Richard Pyne Knight Lord Chief Justice of their Majesties Court of Common Pleas and one of their Majesties most Honourable Privy Council of Ireland WHereas I have received Informations of Fellony against Williaw Sanford Charles Mansfield Teige Donoghue Daniel Tartaine Cnoghor Turtaint Charles Arthur Chomly Parker Tho. Gill Junior Robret Payne Owen mac Daniel Peter Hamston John Bush Teige Mac Cavn John Reagh These are therefore in their Majesties name strictly to Charge and Command you and Every of you upon sight hereof to make Diligent search for all and Every of the said persons and them to apprehend bring before me to answer to all such matters and things as on their Majesties behalf shall be objected against them And for your sodoing this shall be your Sufficient Warrant Given under my hand and Seal this 23d of March 1693 Ri. Pyen To the High Sherif of the County of Kerry and all High and Petty Constables within the same County 2d April 1694 J Captain Charles Carthy do hereby declare and aver ' That Edward Herbert High Sheriff of Kerry did about the first of March last desire one Mr. Bryen Kelly and my self to go to Mr. Richard Orpen and to advise him the said Orpen to give him the said Sheriff Twenty Guinnyes And that he the said Sheriff would compose all differences between Mr. Orpen and Christopher Lyell the Master of the Laurell and would be above threescore Guinnyes in Mr. Orpens way and would Settle matters with Mr. Lyell to Mr. Orpens content And the Sherif did further promise Mr. Kelly and my self That we should have share of what he could get from Mr. Orpen And that the said Mr. Kelly and my self did Accordingly speak to Mr. Orpen whose answer was That if the Sheriff would do him any Service he would deal with him like a Gentleman all which I will Justifie upon Oath if need be Cha. mac Carthy LUke Parker of Glannerought in the County of Kerry Gâ—nt came before us this day and made Oath that he was one of the English which were