I do appoint Sam. Lee and Dan. Major of Lon­don, Stationers, to print this my Narra­tive, entituled, A Narrative of the late Popish Plot in Ireland, &c. and that no others print the same.

THO. SAMSON.

A NARRATIVE OF THE Late Popish Plot IN IRELAND, For the Subjugating thereof to the FRENCH KING.

Together with The Proceedings against, and Tryal of the Earl of Tyrone, and others, who were accused for carrying on the same.

CONTAINING

  • The several Examinations of Hubbart Bourke, Edward Ivie, John Macnemarrah, and Thomas Samson, Gent. upon Information taken before the Lord Lieutenant and Council of Ireland.
  • The large promises of Rewards and Favours made to the Persons aforesaid, in case they would have been induced to desist from prosecuting the said Earl, and to affirm that they had been su­borned by others to accuse him.
  • The many Threats made to all, and Punishments inflicted up­on one of the said Witnesses after they had peremptorily declared their resolution to discover what they knew concerning the said Plot.
  • The manner of the Proceedings against the said Earl at Water­ford-Assizes, 1679. with the Names of the Jury, and the Discourage­ments the King's Evidence met with before, at, and since the said Assizes.

By Tho. Samson Gent. late Steward to the Earl of Tyrone.

LONDON: Printed for Sam. Lee, and Dan. Major; at the Feathers in Lumbard­street, and Hand and Scepter in Fleet-street. 1680.

To the Right Honourable ARTHUR EARL of ESSEX.

MY LORD,

IT may be thought that the frequent method of Dedica­tions to Persons of Honour, now so much used, might be the occasion of this my Address to your Lordship; but I humbly conceive it most absolutely necessary for my Preservation, to flie to your Lordship for Protection and Relief: for the very Name of King's Evidence is now (by the subtilty of evil and guilty men) grown so obnoxious to many, that no man who hath the courage to appear for his King and Country against the Papists, can receive other Quar­ter from many men, than that usually given to Rogues, Barra­tors, or common Disturbers of the Peace of their Neighbours. But, my Lord, this Discovery now laid at your Lordships feet, is of a far different nature, and such which every good Christian and Subject is bound in Conscience to make for the good of his King and Country; and being no other than what hath been before the Lord Lieutenant and Council of that Kingdom in which your Honour did formerly reside as Chief Ruler under his Majesty, I therefore have made bold to dedicate these Pa­pers to your Honour; you being acquainted with the Interests and Humours of that People, can best judge what Discourage­ments such as appear for Protestancy and the English Interest lie under in that Kingdom: All persons favouring us there, are maliciously termed our Promoters. I do therefore humbly pray your Lordship to accept of this my poor Endeavour; which done, I shall not doubt its acceptance from all good men, and shall remain,

My Lord,
Your Honour's most humble and most obedient Servant, THO. SAMSON.

An Introductory TO THE READER.

THE Northern part of the World lying so much in the wa [...] of the Roman Church, that its conversion to the Popish Reli [...]on is the Mark that many venture their Allegiance, Life, and Estate at, having nought else but to be Canonized for their good work if they miss their aim therein; and I hope good Protestants cannot believe that Sect of men will lay down the Cudgels if their Jesuitical Designes prevail not, but will venture on the old way of Blouding, if need require.

Hence it is that their Plotting is not confined to England onely, but it must cross the Seas into Ireland also, though they land in the bosoms of pretended Protestants.

And it cannot be imagined, but that the Designe was carried on at one and the same time both on this and that side of the Water, and the me­thods used for the carrying on of their Designes the same; as by former Nary at [...] compared with the following Informations and Examinations, will appear, viz.

By raising of Forces, by pretended settlements of Estates, to prevent its forfeiture in case of discovery, or using the old drudging way of asper­sing the Evidence; and if all these fail, promising Bribes for rewards on [...] thereby to shair the Truth.

Nevertheless, a [...] it pleased God to disappoint their Endeavours in Eng­land, by some who were intrusted by them, whom God plucked from them to pull us as Brands out of the fire; so here, what knowledge was obtained, came from some who were to be Actors in the same Tragedy; so that the Wish might be taken in their own Craft, and the Hand of God might be seen in the preservation of our King, Country, and Religion: Such our Deliverers having changed their Bulls, Pardons, and Absolutions of the Pope, and a horrid bloudy Act to be committed, for fear of God, peace of Conscience, loyalty to their King, and praise of good men.

And as in the Ganponden-Treason a Letter from one privie thereto did discover the same; so likewise in the Kingdom of Ireland in 1641, it was a Letter from one Irishman to another which made the English to secure the City and Castle of Dublin; which otherwise might have followed the fate of the whole Nation, or greatest part of that Kingdom.

And why might not persons as much question the truth of that being so discovered and prevented, as the truth of all those Plottings now in que­stion? and the rather, it being now a Crime in Ireland, to call those late murthering bloudy times Rebellion, but a now name is taken up for it, namely, A Civil War.

In this present Discovery it was also a Letter that gave notice of the things declared to be designed; which concurring with other testimony, did convince one of the Witnesses of the reality of their Designes.

And indeed it's not to be questioned, but most of the good Protestants of that Kingdom, I mean such as are not got into Preferments, or married in­to Papist Families, and thereby become any thing as to Religion, (such I say) are fully satisfied of their Plottings, and the rather, considering the info­lency of the Papists, and the many of them, the power the Priests and Romish Clergie have over them. And were it not for fear of firing their houses, and massacring their. person and families, and the scandal of discover­ing (though the truth) (and the greatest bindrance of all is) knowing that their Tryals, if impeached, nust be by some of their own Faction, and it may be as much concerned is themselves; and so consequently would be cleared. Many Papists in Ireland valuing more to swear by a piece of Iron, Wood, or Stone, a pretended Relick of St. Peter's Chair, Chappel, or Bell, than on the holy Bible which I have my self known, that after they have for sworn themselves on the Bible, have confessed, to their damage, the truth, when sworn on that Relick.

But I do not question but that God may open the eyes of some of the best of that Nation, as to appear for the Truth, And when Mr. David Fitz-Gerrald's Information be­comes visible. and vin­dicate the Reputation of those that have already ap­peared, and stop the mouths of Gainsayens.

Let others make it their business so much as they can, to asperse all that appear as Evidence for their King, and thereby make informing odious by Ballads and Pomphlets; I am sure so long as there is no Law against Allegiance, but onery the Priests pardon for it, some mens Consciences will once be a wakened, and then men will not fear to ap­pear; and Papists Oaths will be less val [...]ed against Protestants, or at least, as little valued as they value the Bible they swear by: For it's well known by woful experience to some, what a many of false Oaths have been taken by Papists against Protestants, As the present Lord Mayor of London and his Agents have sufficiently suffered in. to the great prejudice of their Estates. Which when, I say, all such considerations of fear are lain aside, then you will have greater Torches enlightned by our small Evi­dence, to make all things plain unto you. And though now things seem to be in a swoon, Plots being turned into Intrigues, time will come when Plots will be called Plots; Popery, Popery; Rebellion, not Civil War, but Re­bellion.

Having made this short Preface, I shall refer the Reader to the Infor­mations and Examinations themselves, to enquire into matter of fact, de­siring them to judge us according to the merit of the Cause, and not accor­ding unto the Papists Scandals.

The Persons Names that were indicted for High-Treason at Waterford-Assizes, the 11th of March, 1679.

  • The Earl of Tyrone,
  • William Bradly Esq;
The Names of the Persons accused in the Conspiracy.
  • Gountie of Waterford, James Power, the Father.
  • Gountie of Waterford, Richard Power the Sons.
  • Gountie of Waterford, William Power the Sons.
  • Gountie of Waterford, James Power the Sons.
  • Gountie of Waterford, Dr. Moore.
  • Gountie of Waterford, William Fince.
  • Gountie of Waterford, Lawrance Swillivaitt.
  • Gountie of Waterford, Quarter-Master Ely.
  • Gountie of Waterford, Paul Strong.
  • Gountie of Waterford, Richard Power.
  • Gountie of Waterford, John Power, that killed the Lord Mohun, as is said.
  • Sir Turlo Macmahan.

County of Limbrick,

  • County of Limbrick, Col. Peirce Lacy.
  • County of Limbrick, Lord Brittas.
  • County of Limbrick, Sir John Fitz-Gerrald.
  • County of Limbrick, David Fitz-Gerrald, who hath since con­fessed himself to be concerned with the rest.

Counsel appearing for the said Earl.

  • Counsellor Porter,
  • Counsellor Longon,
  • and
  • Three Atturney & Sollicitors.

which were all allowed.

The INFORMATION of Hubart Bourke Gent. Exhibited to the Lord Lieutenant and Council of IRELAND as followeth.

Who saith,

THat on or about the last day of October 1678, I was at Kill­mac Thomas in the County of Waterford, in the company of one Richard Power Gent. and Thomas Samson Gent. Seneschal and Steward to the Earl of Tyrone, where after Breakfast, &c. The said Samson told me, That the Earl of Tyrone desired him to pray me to come to him that night or the day following; and that his Lordship had some Concerns to confer with me about, which he the said Samson knew not what they were (as he told me.) I accordingly went the same night to the Earl his house at Cur­roghmore with the said Samson, who went into the Parlor to the said Earl, and acquainted him therewith; and the said Samson reurning to me, told me that his Lordship was at Supper with Strangers, and could not speak with me that night; but desired me to come the next morn­ing: which I accordingly did. After wellcome, &c. His Lordship ask­ed me what News? I told his Lordship, I presumed that he had the best correspondency in that part of the Countrey, and that for my part I had none worth his Lordships hearing. I have (saith he) received Intel­ligence out of France, where I understand that the French are very powerful; and that Parlez vouz Francoize will be plentifully heard here ere long. I asked his Lordship what great Exploits the French King had done? Done (said he) Hath done Wonders, and we may with­out doubt, call him Defendor of the Faith: He best deserves it, and I am sure the hand of God is with him. My Lord, said I, a man would be apter to think, that if the French were intended that way, he would rather venture on England first, than come hither.

I have received a Letter, saith he, from one Robert Power, who studies the Law at one of the Courts at London, That the French have a great stroke in England already; and (says he) before you are half a year older the French will subdue both England and Ineland, and little harm thereby; for they in England have no Faith in them: For they no sooner grant a thing, than recall it again, just as they have dealt with me about the Lands of Deaces: but, said he, before they enjoy it, Be­gog I will lose the best blood in my Body. Then my Lord, said I, if the French come hither, they will kill all us poor Subjects. As for that, saith he, I have made my Conditions for this side of the Countrey; and if you will joyn with me, I will put you in a ready way to get an E­state. I told his Lordship that I wanted it much, but could not tell how to come at it. With that his Lordship drew out of his Pocket a [Page 2]great quantity of Papers roled up, and desired me to sign unto it; where upon a sudden glance I could read the Names of Paul Strong, Richard and John Power; and do believe there were the Names of One hundred Subscribers. I desired his Lordship to excuse me for the present, and that I was unfit to be employed in such matters: And moreover, that I never heard of any of my name that proved Traitors to their King, and I would not begin. With that his Lordship called me Coward, and drew his Sword almost out of his Scabbard to kill me; but he espied a Gentleman coming, which was Sir John Ponsoby's Son. Then my Lord went to greet him, and after he had ushered him into his house, his Lordship goes himself unto the Bridge at Cur­roghmore, and called to William Power a Brogmaker, and desired him in all haste to call John Daniel unto him, to inform against me; for that I had beaten the said Daniel in my own defence half a year be­fore, for which the said Daniel forgave me, before four Witnesses; yet the said Daviel was forced to inform against me. And the Earl threatned that if he did not, he should lose his Ears: On which I was disarmed, and by a Mittimus sent to VVaterford Gaol. And it being Saturday late at night, the Constable took my word to meet him at a certain place the Monday morning following. In the mean time I pro­cured Bail, and brought them to Curroghmore; which Bail the Lord of Tyrone refused: and his Lordship also sent to several Justices of the Peace, that they should not bail me on any account: And his Lordship said further, That if I did not starve in Prison, he would hang me the next Assizes. Then going towards Waterford Gaol, I wrote a Letter to VVilliam Smith Esquire, that he would speak to my Lord in my be­half, to take Bail for me; who promised he would: but his Lordship refused to do the same, when again Bail was tendred. And then I was sent to VVaterford Gaol the beginning of November, and there remain­ed until the 14th of March following, although there were five Let­ters written to his Grace the Duke of Ormond, by me complaining to his Grace of the Misusage I had received, and containing what farther I had to say. Which Letters either miscarried, or were taken up at the Post Office at VVaterford, that the Lord Lieutenant never recei­ved them, nor no account given to his Grace of them; as his Grace was pleased to say.

The Further EXAMINATION of Hubart Bourke.

WHo further saith, That after I was sent for by his Grace the Lord Lieutenant and Council in March following, and was ordered to attend the Court of the Kings Bench, and the Earl of Tyrone to answer, I accordingly appeared there, and was charged by the Earls People, his Attourney Mr. Buckner, his Sollici­tor Thomas Cowdall, and one Mac Carty Deputy Clerk of the Crown for Munster Circuit; where the fore-mentioned persons brought an Indictment against me for Stealing of Horse out of the County of [Page 3] Cleare, which, as they pretended, was about three years before. Which was but a Contrivance (as it was found upon Trial) by the Judges of the Kings Bench, thereby to render me infamous; that my Evidence against the said Earl might be of no value: where I was bound to prosecute the said Earl at Waterford Assizes next ensuing.

Note, That this Cowdall was the foresaid Powers man, and Mac Carty one who was under promises to discover all secrets to the Earl, that he knew as Clerk of the Crown.

But being bound to prosecute the said Earl at Waterford, I was dis­couraged from appearing there, several people telling me that I should never return from thence; in regard the said Earl had procured one of his own Council to be Judge of that Assizes, and his own Tenants and Relations to be Tryers of the Matter, and that at his own Door and Countrey. All which so affrighted me, that I chose rather to hazard my Recognizance and forfeiture of my Bonds, than to endanger my Life; which I understood was sought for.

Yet notwithstanding all Threats, I went to Waterford Assizes, but finding the said Earl of Tyrone and his Cozen, Lieuten. Thomas Power, lodging and dietting in the same house with the Judges; and being told in Waterford, that if I opened my lips against the said Earl of Tyrone; that I should not sleep that Night following, unless I slept to Eterni­ty. Which Threat daunted me much, also wanting John Mac Namara his Assistance of his Testimony, which by promise of Reward by the said Earl, he was kept from affording me.

And not having then forced Mr. Thomas Samson to bring in his Testimony, nor Mr. Edward Ivie his; all which I knew could disco­ver much in this matter, was the Cause why I left the Court and ab­sented my self, thinking it would be better at the Kings-Bench, by which time those Persons before-mentioned would be brought in.

Further, In order thereunto, I wrote a Letter to the Lord Chief Justice Keeting, and Sr. Richard Reynolls, the Judges then at Water­ford, That I was not then prepared to proceed, the Witnesses being not brought in, with such like Excuses; but fearing the Letter should not be delivered, and not daring to go to the Judges Chamber, by reason of the Earls being there, and his Friends and Servants, I went into the Court; where as soon as I appeared, the Lord Chief Justice called, as I thought unto the Gaoler, to take me into Custody; which affrightened me so, that I went away out of the Court, and such a Hue and Cry was made after me, by the Gaoler, Constables, and Bailliffs, that I was glad to go into one Mr. Fullars Tann-house near Watersord, and there to stay all that night. In the mean time the Gaoler goes where my Horse was, and told the people he was ordered by the Judges to secure my Horse. The next morning by break of day I hired a Boat, to ferry me over to the Slip house in Killkenny side and County, and went into one Mr. William VVilkenson's house, an Inn­keeper, who about four of the Clock in the afternoon told me that it was not safe for me to stay in his house, in regard there was so great a search and inquiry made after me in VViterford. Whereupon I took Mr. VVilkenson's advice, and went two miles on foot towards Killken­ny; intending to go to his Grace the Lord Lioutenant, who was then there, and to acquaint his Grace with the proceedings; but Major Ri­chards his Coachman, one who lived with the said Earl not long be­fore, overtook me in the way, and rid before me to an Alehouse, [Page 4]where he writ a Letter to the Earls Coachman William Finch, that he the said Finch should acquaint his Lord of my going towards Killkenny; which Letter I accidentally discovered: which caused me to leave the Road, and to go to a place called the Gurteenes, and there to stay four or five days, until John Mac Namara, who had discoursed the Matter with the said Earl of Tyrone, sent a Letter unto me, in which he said that the said Earl swore and dam'd himself to Eternity that he owed me no ill will at all, praying me to come to his House; but being so afraid of my safety, I told him that I could not.

I then writ a Letter in few days after unto the said Mac Namara for my Linnen and other things that were at his house, who returned the Messenger to me with a Letter without my Linnen; wherein he menti­oned that he would meet me the next morning at Waterford, and have my things there with him, and that he had several things to impart unto me concerning the Earl of Tyrone, which he durst not write: so meeting accordingly the said Mac Namara, his Wife and Father-in­law Teege Finiean at Mrs. Jarvies her house, I told him that I was ready to go on Ship-board for England. Never trouble your self farther, faid Mac Namara, for I will get you a good Consideration and Liberty to stay in Ireland; the aforesaid Finican also promised me 20 s. and one Barrel of Beer he had at home, and he would lend me his Horse to ride to his house to drink part thereof; the said M. Namara telling me that I was not in case at present to take such a Journey (meaning to England) and so they flattered me home with them: Which I still understood by their Discourse, that it was on the Earls accompt that they invited me.

Two days after my coming to M. Namara his House, he went and informed the said Earl therewith, and told me, coming home from the Earl of Tyrones, that the said Earl presented his Service unto me, and desired me to give Major Butler and Mr. John Rouan a meeting at a certain place, in order to agree with me; which thing I imparted to Mr. Edward Ivie, he living in the same Town where the said Mac Namara dwelled. Mr. Ivie desired me to be wary, for fear they should intrap me; on which I told Mr. Ivie I would go and see what they would be at: In order to which resolution, Mr. Mac Namara and my self, met them the said Major Butler and Rouan, about four Miles from the said Mac Numara his house, where Ale was sold; and reasoning the matter together, the said Major Butler desired me to desist troubling the said Earl of Tyrone any further, and the said Earl would give me a good Farm and Stock, and the said Earls Favour for evermore, than ever his Lordship shewed to any before; and willed me to name any Sum of Money that I pleased, and he the said Butler, would be bound for the payment hereof, on Condition that I the said Bourke, would not any more trouble the said Earl; but that I would say, that Esq; Villiars, Capt. Nicholls, Mr. May, Mr. Bradly, and Mr. Peter Anthony, were my Assistants and Promoters in this Discovery and Design against the said Earl.

To which I answered, That neither of the Parties mentioned, ever spake a word to me concerning such things in all their lives, and if they had, I would not be prompted to such an unjust Action by any of them; and that I never charged the said Earl with any thing, but what the said Earl was pleased to tell and shew unto me himself.

After they had kept me there until it was almost night, then Ma­jor Butler sent Rouan home unto the Earl of Tyrone, and Major But­ler [Page 5]came himself with me, and Mc. Namara, home to Mc. Namara his house; where the said Major and my self lay that night together: all which Discourse of our meeting afore-mentioned, I acquainted Mr. Ivie with. Then I resolved to go into England, but Mr. Ivie told me that it that it was not safe to go, before I had the Lord Lieutenant his Pass. Now upon that saying I knew not what to do, for want of a con­veniency to apply my self unto the Lord Lieutenant; and also being a­fraid to go alone, I then went to Waterford, where I met one of the Earl of Tyrone's Servants, named John Whelen, who told me before Mrs. Jarvis and her Servants, that it stood me instead to run away at the Assizes, for if I had stayed, the Judges were resolved at least to crop my Ears; and Mr. Wilkenson afore-named, told me that the Judges were resolved to take me along the Circuit with them, and to indict me at Ennis, and hang me if they could.

I also writ a Letter to the Earl of Orrery, which the aforesaid Edward Ivie was to carry to the said Earl, the said Ivie having occasion of his own into those parts. (Which Letter the said Ivie read before it was sealed.) The contents of the said Letter was to pray the Earl of Orre­ry to send for and examine the aforesaid Mr. Samson, who was then at Youghall (near the said Earl) and to write to his Grace the Lord Lieu­tenant, desiring him to send for the said Mr. Samson, Mr. Ivie, and my self; but Mr. Ivie being busie in ordering his Harvest, could not go so soon, as he intended, to the Earl of Orrery's: In the mean time, when the Earl of Tyrone could not by Bribes or otherwise, prevail with me to desist, he then petitioned the Lord Lieutenant against me, and there­upon a Pursivant was sent to the Earl of Tyrones first, and told him that he was ordered to take his Directions for the securing of me; and being taken, I should be brought before the said Earl first: And the said Earl, to cloak his knowledge where I lay (as if he was ignorant of the same) sent several of his Servants to search after me; who all knew where I was, having often sent unto me before; who coming into the afore­said Mac Namara his house about Ten or Eleven of the Clock at night, the said Earls Servants apprehended me and bound me with Ropes; but when I saw the Pursivant, I asked him, Whether he had a Warrant? Who told me that he was but a Spectator, and they (meaning the Earls Servants) were the Officers; and withal he bad me take leave and last farewel of my Friends.

Then they brought me away from Mr. Mac Namara his house four miles that night, and next morning they carried me tied with Ropes (out of the way we were to go) to Waterford, until they came to the Cross there; and then they went into Mr. Guddridge his house, an Inn­keeper, and there stayed me until all the Earls Friends in the Town, and all the Officers in the Town came to see me in that Case. And then they procured a lame unshod little Garren for me to ride on, and tied my Legs under the Horses or Garrens Belly, and so carried me out of the way, thorow the Town to the other end thereof; having many Spectators: and then carried me back to the said Earls House at Cor­roghmore (so bound) where the Earl had many Friends gathered toge­ther to see me come in that manner; and so left me to the Earls plea­sure.

After they had stayed me at the said Earls, after the manner afore­said, about two hours, then they carried me on the way to Carigme­sure; and Thomas Power, the Earls chief Gentleman, rid before us to [Page 6] Crehanah, to Major Butlers House, to desire him to meet me in the way, which accordingly he did; and asked me, as if he had not known what was the matter? I answered him that I did not know. Said the Major to me, Can I speak with you in private? I told him that there was no fit place for him to stay, for I was wet and dirty with riding so far in dirty ways without Boots with my Leggs tied. Then the said Butler followed me to Carigmesure, and brought with him John Rou­an aforesaid and Quarter-master Ely; No question but he knew the rest, being all Papists. the said Ely saying, That he knew the rest of the Company, but me he knew not. I answered him that he knew me too, if he would acknowledg it, but I was indiffe­rent whether he would or not. I know you so well, said Ely, that one rope is too little for you. Then Major Butler and Rouan fell again to the old way of corrupting me by turns, and the Major promised me that if I would do as he before desired, that he would follow me next Morning to Killkenny, and get me rid of any further trouble; if I would take their former proffers, and accuse the fore-named Gentle­men: and that there were a People before me at Killkenny, that would be very glad that these Gentlemen aforesaid, should be brought in to the saving of the Earl of Tyrone.

But I refused and scorned their offers, notwithstanding the great shame and pain they put me to. Major Butler then took me by the hand, and said Old Friend farewel now for evermore. Then Quar­ter-master Ely began a Health, to the Prosperity of the Earl of Tyrone, and to the confounding and utter Subversion of all his Enemies; and forced the Health to go round.

This Ely is the Lord Lieutenant his Quarter-master, and charged by the aforesaid Mac Namara, in his after Examination, of being in the Plot, and to be a Major under the Earl of Tyrone for the French King, and confessed that he was a Papist heretofore, when questioned by the Lord Lieutenant upon the aforesaid Mr. Samson's telling him before the Lord Lieutenant and Council, that he had a Crucifix about his Neck, and afterwards was committed to the Marshal for abusing the said Sam­son, where he continued for one week, and then returned to his Com­mand.

The Examination which follows is Mr. Ivie's, touching the know­ledge he had of Mr. Mac Namara, which was before spoken of to be concerned with the Earl of Tyrone in the Plot; and who afterwards in his Examination confesseth he was to be an Officer under the said Earl: who promised me before the said Mr Ivie, to discover the same at the Assizes; but through Bribes did not appear: but managed the Earls Designs with me, to bribe me to desist my prosecuting the said Earl; and offered me large Bribes to throw the Accusation on others. But on Mr. Ivies confronting him before the Lord Lieutenant and Coun­cil, and petitioning the Board to have him kept from the said Earl of Tyrone's Friends and Agents, and from Quarter-master Ely, who fur­nished him with Money and Horse, and promised him Bail on occasi­on: He then being kept close, according to the said Ivie's Petition, he then confessed the Truth, and discovered the whole Plot; as you may see in his Examination following Mr. Ivie's.

HƲBART BOƲRKE.

The EXAMINATION of Edward Ivie Gent. Taken at several Times before the Lord Lieutenant and Council of IRELAND, in the beginning of November 1679, touch­ing the Earl of TYRONE.

WHo saith, That about Michaelmass last was Twelve-month, John Mac Namara of the County of Waterford Gentleman, brought unto me James Power the Father, and his three Sons, Richard, William, and James Power; the said Mac Namara desiring me to take them as Tenants on the Lands of Dunhill, in the said County of Waterford; which accordingly I did, the said Mac Na­mara assuring me that they were honest men: who after that they had been there some time, I observed together with my Servants and Neigh­bours, a great recourse to them of persons, being private in the said Power's house by day, and going away at night; having several strange horses at day, and gone away at night. I also observed the said Powers and the aforesaid John Mac Namara providing Bridles, Saddles, Swords, and other Arms.

In the mean time a Warrant was sent from his Grace the Lord Lieu­tenant, to apprehend the said Powers and Mac Namara: The Pow­ers being apprehended, made their Escape out of the Constables hands; which the Countrey took much notice of: Mac Namara be­ing also taken, was committed to Waterford Gaol, and in few days bai­led out; on which he returned home, and some days after told me, that he had made his application to the Earl of Tyrone to assist him in this his trouble: And finding the said Earl in fear, on Bourke's charging him for Treason, so that he did not answer the said Mac Namara's ex­pectation; he the said Mac Namara returned home in great passion, and concluded that his Father-in-law and Brother-in-law should go to Dublin to get his Pardon; which accordingly they did, and applied themselves to Sir John Cole for their Assistance: And as they told me, they met at Sir John Cole's the Lord Chief Justice Keeting, on which they concluded to get no Pardon; for that the Lord Chief Justice had promised to be kind to the said Mac Namara, and would stand his Friend at the Assizes. Upon which they returned home, and acquaint­ed the said Mac Namara with what they had done. But the said Mac Namara concluded himself not safe, in their not bringing his Pardon, and therefore broke out into a great passion, and told me that seeing the said Earl had drawn him into such dangerous Designs, and had now left him, he would no more look after Pardons, nor trust no more to promises, but he would discover the whole Truth, which the Earl [Page 8]of Tyrone was carrying on against the King; and further said, That Bourke was but a Fool, and knew nothing of the Plot, in comparison of what he knew; and that at the Assizes he would make a full Disco­very thereof.

The said Mac Namara further told me, that the said Earl was pri­vy to all the Horses and Arms provided for the Plot, which when the said Bourke came into the Countrey, I acquainted him with; and there­upon the said Bourke wrote a Letter to the Judges, wherein he menti­oned, that the said Mac Namara and others were concerned in the Plot, and therefore he could not appear till they appeared: The said Mac Namara hiding himself, until he had received an Account of Mr. Bourk's Proceedings and of the return of the Letter sent to the Judges, in order to his coming in to discover; that he might be secu­red. To which purpose the said Mac Namara received a Letter from a Friend of his, That Bourke had not yet spoke with the Judges, and therefore advised the said Mac Namara to continue private where he was, until he heard further from him. At this time Mac Namara had promised Bourke to confess, but desisted on the Earls Promises of Re­wards.

The said Earl of Tyrone hearing of the said Mac Namara's Intenti­ons, several Letters was posted after the said Mac Namara, in order to get him to Waterford; with promises of being prorected from all things which was lain to his Charge. Upon which promises the said Mac Namara came to Waterford, and there was privately secured in the house of Mr. Fitz Gerrald a Papist and Merchant, and the same night, or the night after, was conveyed up to the Earl of Tyrone's Lodgings; where, he the said Mac Namara told me, being before the said Earl, he the said Earl told him, That he little thought his Fathers Son would serve him so as to betray him; and that if he would desist discovering what he knew of the Plot, he the said Earl would excuse him, as to his troubles, and save him from appearing at the Court: and that he had so ordered Matters with the Judges, that the same Bail should stand till the next Assizes without his appearing; which accordingly was done, to the admiration of all that heard it: And assured him, that he the said Earl, would against the next Assizes, write to or speak with Mr. Morris (who said the Earl) is my Friend and your Prosecutor, and order the Matter so, that against the next Assizes, he the said Mac Namara should be freed.

After the Assizes Mac Namara returned home, and Bourke being gone away, sent a Letter to Mac Namara for his Linnen and other things left with them: saying in his Letter that he was going for England, and that the Ship was ready to sail. Mac Namara knowing that it was to inform against the said Earl, made all haste possible to him; whom as Mac Namara told me, the Earl ordered to send for Bourke, to prevent his going into England. Upon which Mac Na­mara and his Father-in-law went to Waterford, where they found Bourke, and told him, that they had a Barrel of Beer which he must take part of, and Twenty Shillings in Money for him, but whether the said Bourke had the Twenty Shillings, he best knows. Vpon which the said Bourke came to Mac Namara's house, of whose come­ing he made haste to acquaint the said Earl; and Mac Namara re­turning home, told Bourke that the Earl of Tyrone desired to be re­membred unto him; and did assure him that the said Earl was not an­gry with him: with many other kind Greetings.

And being my self at a Christening, in company of Mac Namara, Bourke, and others, the Priest called Mac Namara out, and asked him what was done as to the Business of the Earl of Tyrone at the As­sizes? And seeing them go privately under a Bank (to Confessing) I asked him what they did there? Mac Namara told me that the Priest resolved in Things he doubted of and was troubled about.

The next day the said Mac Namara acquainted the said Bourke from the Earl, that he had appointed Major Butler and John Rouan to treat with the said Bourke; and that the Earl would give him a Farm and Stock, and what Money he pleased, if he would charge Mr. Villi­ars, Mr. May, Captain Nicholls, Mr. Bradly, and Peter Anthone, for imploying him the said Bourke, and feeing him unjustly to accuse the said Earl; and so to declare that he knew nothing against the Earl, but charged him thorow the instigation of the Gentlemen aforesaid: and that thereunto was by them subborned, in promises of great re­ward. Hereupon I asked the said Mac Namara what would become of Bourke then if he should do so? He answered that then the said Earl would be in the same Capacity, or greater than he was before; and then no man could harm him the said Bourke: and that the Earl would defend him from any person that should endeavour to harm him.

After which, I talking with Bourke concerning the proffers made him, I advised him to be just, to which he answered, That he would rather die than to be unjust, but notwithstanding he would meet the said Gentlemen, to see what they would be at. Mac Namara also told me, That he would requite me, if that I would but intrap Mr. Sam­son the Earls Steward that was; who had been privy to the Earls Concerns, and might discover much against the said Earl, if not pre­vented.

Some days after Mac Namara, Bourke, and I met, being that morning, they went to meet the aforesaid Major Butler and Rouan, I being with them at one James Finican's house, I again charged Bourke to be just, and abuse no man, but to speak the truth; which accordingly he promised me to do. And so they went from me to the place appointed, where they met the said Butler and Rouan; who used great Reasonings to perswade Bourke to charge the Gentle­men aforesaid, but could not prevail; as Mac Namara, Butler, and Bourke told me at their return; who came and lay all together that night at Mac Namara's house.

The next morning I having some occasions at Waterford, and Ma­jor Butler going that way, we went together; Major Butler telling me that they had treated with Mr. Bourke about the Earl of Ty­rone's Business, but could not bring him to any thing; the Major wifhing that the Earl had never been born, to intrust such a one as Bourke with a Secret of that importance. I then asked the said Major Butler what he thought then would become of it? Who answered that he hoped yet to prevail with Bourke to do as be­fore.

And then Bourke writ a Letter to the Earl of Orrery, desiring me to carry the same; which I received, having business that way: In which Letter the said Bourke mentioned the several Treasons he had to discover, but the losing his Horse, and the danger he was in of his life, made him uncapable of waiting on the Lord Lieutenant, [Page 10]and therefore prayed the Earl of Orrery to acquaint the Lord Lieu­tenant of it. Before this Letter was sent, the Pursivant seized the said Bourke, and Mac Namara seized the said Letter and carried it to the Earl of Tyrone, who acknowledged that he received the same. Whereupon I went to Nicholas Osbourne Esquire, one of his Maje­sties Justices of the Peace of the said County of Waterford; who took part of this Examination which I have now made; and advised me to go to the Earl of Orrery to impart the whole.

Vpon the Examination before-mentioned, I advised Judge Keeting, who took part of my Examinations, that if he sent privately and apprehended the said persons, there would be found in Mac Nama­ra his Pocket, a Letter which would confirm the subject matter of my Examination, provided the Warrant was committed to — the Execution of a Trusty Person; but instead thereof the Warrant was sent to Quarter-master Ely, before-mentioned, who gave it to the Earl of Tyrone's Servant; who instead of searching him, assist­ed him, by the said Earls Order, with a Horse and Necessaries for his Journey to the Earls House, where he had from the Earl Mo­ney and Instructions for the Concealing the Treason; with great pro­mises of Rewards from the Earl and the said Ely: which accordingly the said Mac Namara did for sometime do.

The INFORMATION of John Mac Namara Given in before the Lord Lieutenant and Council and Committees appointed for that Purpose.

WHo saith, That William Bradly Esq; one of his Majesties Justices of the Peace for the County of Waterford, in the Year 1678, gave me the said Mac Namara an Oath of Se­crecy touching the Plot intended and designed in Ireland, by the Earl of Tyrone and the rest of the Confederates, against the Kings Majesty: At Which time he imparted to me, That the Earl of Tyrone had re­ceived a Commission from the French King to be a Collonel of Horse in the County of Waterford; and that he the said William Bradly, was to be his Lieutenant Collonel, and desired me to provide my self with Horse and Arms, and to procure as many as I could of those I dare trust; [Page 11]and that I should have a Command of being a Captain under the said Earl and him.

Whereupon I did provide my self, and spoke unto John Folio, James Finican, and Dennis Mac Namara, to provide themselves with such necessaries as were requisite for that purpose; informing them also that Mr. Bradly did impart such matters unto me, and who knew that I the said Mac Namara had imparted such matters to the said John James and Dennis, who afterwards did confess the same to his Grace the Lord Lieutenant and Council, and before I had liberty to speak with them, or they with me, I being then kept close Prisoner from any one of the Kings Evidence.

The Precedent Examination I gave, when on a Petition preferred by the rest of the Evidences, I was kept from any of the Earls Friends, and from Quarter Master Ely, who was always with me before, and not denied to be with me but on the Petition of the aforesaid Gentlemen: Then it was ordered that I should be kept close and not to have any to come unto me; I was then very fearful to discover my mind, because of the Guilt that was upon me, being concerned: Which after a Promise of Pardon (if I spake the truth) I then resolved to discover so far as I knew, though against my self; upon which I freely declared my mind in this following Examination.

After the aforesaid William Bradly did impart to me the aforesaid Treason, I met with the said Earl of Tyrone on the Lands of Gave­stown in the County of Waterford, with two of his men, viz. Tho­mas Power his Gentleman and Garret Mac Teege his Fowler, and another whose name is Luke Power; I having in company with me one William Power and Baustice Clancy, being then abroad hunt­ing with my Dogs: the said Earl knowing me at a distance, called unto me, on which I went unto him. The said Earl taking me aside from the company, asked me whether Mr. Bradly had imparted to me any matter of Secrecy? I replied, He had. The said Earl then told me, That I must be very private, and discover it to none but those I was very sure of. After which the said Earl drew a List out of his pocket, and shewed me the Names of several persons that were to be Superiour Officers, both in the County of VVaterford, County of Corke, County of Keery, County of Limbrick, and County of Cleere, which I took special notice of, and knew several of the Persons; and amongst the rest, the Earl entred my name with my own Pen and Ink in the List; the said Earl telling me he had his Commission sent him from the French King under Hand and Seal to be a Collonel of a Regiment of Horse in the County of VVaterford; and said that there was hardly a County in Ireland (save one) but per­sons were appointed by the French King for that purpose; and na­med in the County of Limbricke Collonel Pierce Lacy, the Lord Brittas, Sir John Fitz-Gerrald, David Fitz-Gerrald, and several o­thers; This Mac Na­mara is the Ex­aminants own Name-sake and Cozen. and in the County of Cleere John Mac Namara and several o­thers; and in the County of Keery Sir Turlo Mac Mahan, and seve­ral others; and others in the County of Corke: And that the said Earl of Tyrone was to be Collonel in the County of VVaterford, and Mr. Bradly to be his Lieutenant Collonel, Quarter-Master Ely his Major, Mr. John Butler Senior his Captain, with the Names of several others [Page 12]of that County which he did not read unto me. The said Earl saying that they were to raise several Hundreds of Men in every County, and that the Superior Officers were to meet on purpose to return an exact Account of their Forces to the French King; on which the said King would land many Thousands of Men at the River Shannon, This River San­non runs many miles into the Countrey thorow three of the fer­tillest Counties in Ireland; namely, Keery, Limbrick, and Cleare, unto the City of Lim­brick, and will carry great Ships to the same from the West Seas. and as soon as they were landed, the next business was to go to the City of Limbrick with five Hundred Men, and divide them into two parts; the one party to enter the City at Candle-light, and that at several Gates, and such as best knew the City were appointed to set on the Guards, and put them all to the Sword, the rest to be hard by the Ci­ty, and to enter in immediately when the Allarum was given, and the Body of the Army to draw up as fast as they could.

By which said the Earl we do not question, but to possess our selves of the City and Kings Castle, and to banish the English very soon; and indeed said the Earl, 'tis the Providence of God to bring some downfall on that unjust King the Duke of Ormond and his Children, that wronged me in so high a Nature on the Account of Villiars. There­fore said the Earl go home, lose no time, but make your selves ready; for we know not how soon occasion may require your Assistance, and speak to as many Friends as you can. Which accordingly I did, and provided Arms and Horses for that purpose.

After discovery being made hereof by Hubart Bourke, as you may read in his Information, who partly knew the proceedings, and having discovered the same, was bound by Recognizance to prose­cute the said Earl at the next Assizes at Waterford; he did for want of mine and others Testimonies, absent himself from the Assizes un­to which he was bound, and for other Reasons mentioned in his Examination.

But in a short time after, the Earl hearing that Mr. Bourke was go­ing for England, to make his Application to the King and Parliament; the said Earl commanded me to write unto the said Bourke, which ac­cordingly I did, and signified in my Letter, that I would very willing­ly speak with him; but he answering not my Expectation, I went my self to him at Waterford, and courted him to go along with me home unto my House; which I prevailed with him to do.

I then hastned to the said Earl, and gave him an account of my pro­ceedings, which the Earl liked very well. Whereupon he ordered Major Butler and John Rouan and my self, to confer with the said Bourke, and at the Mill of Carygumier we met, and according to the said Earls Order, did offer the said Bourke a Farm stockt, together with a Sum of Money; so as that he would charge Mr. Villiars, Captain Nicholls, Mr. Bradly, and others, with subborning or prompting the said Bourke to prosecute the said Earl, and that he should acknow­ledge it, and Mr. Bradly aforesaid should confess the same; and that so Bourke and Bradly should be committed Witnesses against Villi­ars and Nicholls: Upon which the said Earl would bring his Action of. Scandalum Magnatum against Villiars and Nicholls of 40000 Pounds; which thing was contrived by Mr. Andrew Linn and Mr. Bradly, the said Earls Friends: Unto which the said Bourke refused to consent.

Here it is to be observed that Mr. Villiars and Captain Nichols were at Law with the said Earl, and therefore the Earl did suppose the world would sconer believe what was lain to their Charge upon the Earls account, though falsely alledged against them.

Bourke not accepting the aforesaid proffers, the Earl then petitioned the Lord Lieute­nant and Council, who sent a Summons for the said Bourke, and brought him to Dublin, and being examined of several matters, He gave in his Information, and got also Mr. Sam­son and Mr. Ivie to be summoned up, and to be examined, upon whose examination; A Sum­mons was issued out against Quarter Mr. Ely, John Ronan, Maior Butler aforesaid, and Lau­rence Swillivant and my self; who were all sent for to the Council Board. Quarter Mr. E­ly went first to the Earls House to have Instructions touching the management thereof, the Earl also sent his Gentleman Mr. Power for me; I being then in Waterford, the said Power came to me and told me, that the Earl of Tyrone and Quarter Mr. Ely sent for me to the in­tent I might repair to Doublin, and having no horse with me at Waterford, the said Power the Earls Gentleman provided me with a horse, on which I went with him to Curringmore to the Earls house, where I met the said Earl and Quarter Mr. Ely together.

Upon which the said Earl and Quartermaster Ely took me into the Garden, and there did agree to send for John Ronan. Who came immediately, at which time the Earl and Qua­termaster Ely did instruct us what we should say, when we came to Dublin before the Coun­cil; and told me the great danger, if I should discover any thing of the matter, but prof­fering an Oath unto us, and finding us unwilling to swear what they would have us to swear the said Earl then told us that we should be absolved by Dean Power his Cousin, This Dean Power is a Pa­pist. Dean secured by the Earl. and the rest of the Clergy, and after instructing us in the Garden for a considerable time, the Earl gave me a horse, and gave John Ronan, Lawrence Swillivant and my self money to bear our char­ges to Dublin. And when we came there we were maintained at the Earls charge, with pro­mises to get bail for me, if imprisoned: And we were there always accompanied with the Earls Friends, who promised me great rewards if I would conceal what I knew. I also had Money from Quartermaster Ely, whilst I was in the Pursivants hands, and several Mas­ses were said in the Country for the Earl and me, whilst I contained from discovering, but since have excommunicated me.

But at length Mr. Ivie and Mr. Samson petitioned the Lord Lieutenant and Council to have me kept close Prisoner, and to keep the Earls Friends and Sollicitors from me, which accordingly was done. Now being by my self and considering the Evil Case I was in, God so touched my Conscience that I confessed the Truth.

Several other things there are relating to the Powers, concerning Stealing of Horses and providing of Arms for the same purpose, which you will find treated of in Mr. Ivies Exa­minations and in James Finicans, which Powers were examined on Oath by Sir John Davies and since bailed out of Goal by means of Captain Morris the Prosecutor, who now goes armed and mostly accompanied with the Earls Friends and Kindred.

James Finican was solicited by Mr. Bradly not to confess any thing against him the said Bradly, for which the said Bradly promised him a good reward in money, and was before the Committee, and did for some time continue to conceal the matter, but being kept from the said Bradly for a Season in the Marshals hands, told the said Marshal that he would not be in Trouble for concealing others Treasons, he the said Finican desired to be carried a­gain before the Committee confessed the whole matter, saying that if Mr. Bradly were put where he was, he would confess the Truth too. This astonished the said Bradly, for as much the said Finicans promise to the said Bradly of concealing made him the said Bradly to tell the Committee, that he would be saved by the said Finicans Testimony.

You may observe also, that whilst I denyed to confess the Truth, and to conceal the Plot, the Earls Friends got a petition writ against Mr. Ivie, to be preferred to the Lord Lieute­nant and Council, viz. That the said Ivie was a man of ill Fame, and a dishonest man, and that he knew nothing of those Treasons, and Briks before mentioned, which petition they gave me to send unto, or deliver unto the Lord Lieut. and Council, in the mean time I being kept from them, my Conscience forced me to confess the Truth; I then shewed the Petiti­on unto the said Mr. Ivie, of which they were much ashamed, and would have denyed it, but that I justifyed it, and told who brought it unto me, naming Mr. Michael Row, the hand also being known. Which way J observed they always made use of to endeavour to clear them­selves, by calling in question the reputation of their Accusers.

The Examination of Thomas Sampson, Gent. Taken upon Oath at several times, before the Lord Lieuten­ant and Council, and several Committees, appointed for that purpose.

BEing put to his Oath, Whether he knew any Treasons committea by the Earl of Tyrone, or ever saw any Letters, or ever heard the Earl of Ty­rone speak any disaffected words of the King's Majesty or Government.

Saith, That in March 1678. The Earl of Tyrone, my then Lord and Ma­ster, was Summoned up before the Lord Lieutenant and Council, upon an Information given in against him by one Habbert Bourke, who accordingly went and commanded me to wait on the said Earl; and I then believing the said Earl to be abused by the said Bourke: did (as in duty I thought my self bound) do my utmost to serve him; and when we came to Dublin, to the Inn called the Pide-horse, the Earl sent me to the Council-Chamber, (the Coun­cil then sitting) to Sir John Davis, Clerk of the Council; telling me, that Sir John was his great friend, and that I should tell him, that the Earl was come to Town, and did earnestly desire to speak with him, before that the Council did know that the said Earl was come to Town; on which, I ac­cordingly went to the Council-door, and sending to Sir John Davis, he came forth unto me. After I had delivered my Message, the said Sir John told me, that the Council had heard that the Earl was come to Town, and that he thought it the best way to acquaint them with it, and that as soon as the Council was broke up, he would wait on the Earl, which accordingly he did, and as the said Earl told me, by Order of Council confined him unto his Chamber, where the next day a Committee came to examine him, a Copy of which Examination was allowed the said Earl, which Copy I had, paying for it nine shillings.

The next night after, I was present with Dr. Moore (who came into Ireland upon Dr. Oate's informing against him) and was thereupon apprehended and went under Bail. The said Moore being at the Earl's house at Curroughmore, at his coming to Ireland, by which I knew him, and was ordered by the said Earl not to keep any Papers or any secret from him; and upon the Dr's in­vitation I went with him to the Sun Tavern in Nicholas-Street in Dublin, where he gave me a Bottle of Wine; and entring into discourse with him, he asked me, whether I had read the Earls Examination, I told him, that I had, and that it was in my Chamber, where he might also read it; then he asked me, whether I remembred what it was, saying, that by the Examina­tion, I knew what was the Charge against the said Earl, and being very ear­nest to know what it was, I told him, that the Earl was asked, whether he did not receive a Letter from one Robert Power, who studied the Law at one of the Inns of Court at London, that mentioned that the French had a great stroke in England, and shortly would subdue both England and Ireland, (or words to that purpose.) To which the said Moore replied, was there mention made of that Leetter? I answered there was, then said Moore, we are all undone, my Lord and I too, strikeing his breast and being so amazed, lying his head on his hand that he spoke not one word for one quarter of an hour.

Seeing of which I, was not a little moved in my mind, and knowing the private sittings up at night of the Earl, and Doctor, at the Earls house at Curroughmore, when he first came over, I then concluded, there might be some Truth in Bourk his Information, and I then resolved to observe matters bet­ter afterwards, and so continued to take notice of the Earls ways and Incli­nations more narrowly.

Now that the Reader may the better understand my Examinations (by the way) I shall observe some Confrontings of the persons in my Examinations specified before the Committee or persons by Authority appointed, viz. of the said Doctor Moor, when I had been examined before Judge Keeting the chief Justice of the Common Pleas and delivered to him my Examination con­cerning Dr. Moor aforesaid. When I came to the Chief Justices house, in a little Room by that where we walked the Chief Justice and this Dr. Moor were sitting covered, and discoursing, as I think, together. And having char­ged the said Moor as before, when I was called in, and this Examination read unto him, I told him the said Dr. Moor, That I was sure he could not deny such a positive Truth, the Dr. was then so amazed that he could not tell what to say for himself.

On which, Judge Keeting said, Doctor You are Guilty. And certainly you being a Doctor of the Civil Law can tell what to say for your self, either to confess or deny the Fact, Then (said he) after a pause, I will deny it; but con­fessed it, when at the Tavern with me, and when he set his hand to the deny­al of it, his Hand did so shake, that he was hardly able to write his own Name.

Of which passage I told the Lord Lieutenant that night at Council, and Judge Keeting owned to his Grace in Council, that He said so, and that he be­lieved the said Moor to be guilty, and when Judg Keeting demanded Security of the said Moor, He told the Judge, that he was bound over already, on Dr. Oates his Information, and that also he was security for the EARL of Ty­rone.

All this time Bourke was kept close Prisoner, and ordered by the said Judg to speak with none, neither have Pen, Ink, nor Paper, But this Moor was at Liberty, and never disarmed, or ever since disarmed or questioned, or whether he ever gave any other Bail, I never knew or heard, but went in few days after to the Earls, and I verily do believe, that he went to secure the Letters; for I told Judge Keeting in what Cupboard of the Earls they were.

But to proceed in my Examination, the Earl of Tyrone having given in bail (of which Dr. Moor was one) for his appearance the next Term, the Earl then returned home to Curroughmore, and one Thomas Cowdal, (the aforesaid Robert Power his man) with us. After our return the next Morning, the said Earl commanded me to wait on him to Coolefine, a place of the said Earls, one mile from his house: where he privately told me, that the said Cowdal was to be the next day, on an Inquiry at the Sheriffs Court, to Examin what Estate the said Earl had in that County of Waterford; in order to seize it for the Earl of Anglesey, on the pretence of a debt due, from the said, of Tyrone, Earl to his Father-in-Law the Earl of Anglesey.

I then asked the Earl of Tyrone what would become of me his Steward, when the Lands were made over to the Earl of Anglesey. To which the said Earl answered, That it should be never the worse for me; for what was done, was only to prevent Bourk's Charge and Villiar 's Judgment, and to preserve his Estate for his Son.

To which I replyed, that for Bourke his Charge, I thought I could clear him, the said Earl of it, to which the said Earl answered, that he would give a thousand pound on that score, for as to Villiars his Judgment, he cared not for as much as he had found a way with Captain Franklin, and had wit­nesses to prove it, so that he cared not for him, meaning the said Villiars.

And when the Earl returned home to his house at Curroughmore, He de­livered me a Copy of a Letter of Atturney, written by the aforesaid Cow­dal, commanding me to copy out the fame in an unknown Character which I did not ordinarily use, which I accordingly did, and when I had so drawn it, the Earl gave it unto Cowdal, which I did, fearing the event, if I had de­nied the Earles Commands.

The Contents of the said letter of Attorney, were to impower the said Cow­dal, to act for the Earl of Anglesey, and to receive from the Sheriff the Estate when seized for the Earl of Anglese 's use by the Sheriff.

According to which, the eftate was seised, and by the Sheriff delivered to the said Cowdal, to the use aforesaid.

The consideration of the foregoing Premises, together with his forcing me to write the aforesaid Letter of Attorney, and the End wherefore the said Earl did it, begot in me a thorough belief of the Earles disaffection to the Goverment, and put me in the mind of many things that were done before, which I thought to have been done in passion, which are hereafter mentio­ned.

About Christmas 1678, William Finch the said Earles Coachman, a Pa­pist, being at dinner with many more: upon the discourse of disbanding Collonel Mo Carty's Regiment, he then called the Parliament the scum of the Country, and wishing that the said MoCarty had all the Parliament Men out one by one, he said, he was sure he said Collonel would kick them about the Streets, or if he fought them he would kill them all one by one: and I advising the said Finch to talk of things he understood, he told me, he knew well what he said, and that he meant the Commons in Parlinment assembled; and af­ter dinner giving God thanks for our food, concluded saying, God save the King, to which the said Finch answered, (farting with his mouth) God bless our Church, meaning, as I believe, the Church of Rome, the said Finch being a professed Papist, and that same day at Mass, all which was done in the pre­sence of many Witnesses.

This was Charged against the said Finch before the foregoing Judges, at the Assizes, The Indges were Chief Justice Keeling and Judge Reinolls. but never prosecuted, though I told their Lordship, that the said Finch was in the house where they lay, waiting on the said Earl his Master.

The next day after the said Finch spoke the aforementioned words, the said Earl laughing at me, told me, that the said words were not Treason, and did not as much as check the said Finch for the same. On which, having my Bible in my hand, I swore the words before the said Earl, telling him that if it was Treason, I would not be guilty of concealing of it.

Shortly after, the said Finch laughed at me, and told me, before several Witnesses, that he now cared not for what he had said against the Parliament, for that now the King had turned them out of doors.

I also observed that the Earl was imploying one Major Butler, a Papist, to perswade Mr. Bourk to deny his information, and to say that Collonel Viliars and others, did bribe him the said Bourk falsly to impeach the said Earl.

I farther took notice of the Earls allowing all his Papist Servants to go to Mass; who when it was forbidden, went at midnight; and of his seeming displeasure to them: But in the conclusion, he turned away or sent to Pri­son all his Protestant Servants, as long as he had any. And when I denied his Labourers to work on the Fifth of November, he, the said Earl, com­manded them to work, calling that day. A Protestant Cheat: And the day of Humiliation for our late Soveraign of Blessed Memory, The Parliaments Fast; saying, that he would take the sin upon him, if I would not keep it.

I observed also the great Concourse of the Officers that came out of France, and were disbanded at his house: and his Papist Servants private re­ceiving of Papists Arms, to secure them for their Owners, or other uses.

And when Madam Mortamore was reading of Coleman's Tryal, and in par­ticular the long Letter, the Earl said, that what Coleman had done was just, and that if he had been in Colemans place, he would have done as Coleman did: I answered, that suppose I was in Spain, was it law ful for me to endea­vour to subvert the Government there established? To which the said Earl answered, that it was my duty so to do, and that there was no Law against Colemans doing of it in England; or for taking away the Kings Life, for en­deavouring the subverting the Religion, and that Coleman suffered unjustly. And as for Colemans endeavouring to Murther the King (said the Earl) that was proved only by two Rogues. And here he shewed me a Letter, which, as I remember, came from one Robert Power aforesaid, in which was in­stanced a Knight, whose Name I do not remember, that begged the Kings Pardon to speak, who after it was granted, told the King, He verily believed that there was no Plot, and that the Witnesses were two Rogues, who if en­couraged, would take away all their Lives. Madam Mortamor having end­ed Saint in Heaven, and that all that had a hand in his Death, were or would be damn'd in Hell.

At another time the said Earl being appointed by Authority to settle the Militia with the High Sheriff William Dobbins Esq; and others, Mr. Fith Gerrald of Waterford sent to him to act in it: and I my self carried the Mes­sage from the said Fith Gerrald to him, telling him the said Earl, that by his appearing, and shewing himself active for the King, he might again redeem the Kings Favour, and do himself and Servants good. To which the Earl re­plied, That if the French were at Coole-sin, meaning a place a mile from his house, he would not draw his Sword against them.

And at another time when he wanted Oats for his Horses, the Earl laid, That he had rather want Bread for his Table, than Oats for his Horses, not knowing how soon he might be called on Service. Now having denied the serving of his own King before, I might well wonder whom he intended to serve, having made such Great Provision of Horses.

And afterwards when perswaded to go and meet the Sheriff about the Militia, he went to a place called the Three Miles Bridge in the County of Waterford, where the meeting was appointed; but just met them and made haste back, and disheartned those he met from going; and jeared at the Troop, calling it the Buttermilk-Troop, saying that his Great Horse would beat a Troop of them. At his return several of the Officers that came out of France were come to the said Earl's House, where he met them.

And at another time having had some Trial-gone against him in the Courts at Dublin; and receiving a Letter from his Attorney or Sollicitor, of something which the King had done concerning it in England, he fell into a great Passion against the King, and said, That if the King was pulled out of his Throne, he would not draw his Sword to defend him.

And upon getting one Owen Whelan an Old Tory, and making him his Ser­geant or Bayliff, I telling him that the Country would take notice of it, he wished that he had ten thousand such Torys, for there is a time coming, said he, that I could make use of them.

Observing all those things, it made me use all possible means to get my self free from the said Earl's Service; and in order thereunto got one Mr. Power of Clasmore, being the Earl's Kinsman, to speak to the Earl; who was there­upon appointed to audit my Accompts, which accordingly he did. After which they used all means and endeavours to take away my good Name or Life, viz. Garret M. Teege alias Wall, the Earls Fowler, who threatned my life, lying in wait for me with one of the Earls beff Guns, (as he hath con­fessed, And at a Fair at Clonagan he lent one Martha M. Shehan a Knife, which the said Shehan had ready to kill me withal, had not one espying of it pre­vented him by taking the Knife from him, as he was giving the Stab, and se­cured it. Hereupon I acquainted the Earl therewith, who desired to see the Knife, and taking it into his hands, broke it, and then bid me to prosecute the Offenders.

At the fame time the aforesaid Owen Whelan the Old Tory, and others lay in wait for me with Clubs, which was also discovered, and prevented by my presenting a Pistol at them, and so made my escape from them.

Also John Power, who, as the Servants told me, killed the Lord Mohan, threatned my Life: he was carried to Dublin in the Earls Coach, and there kept private at the Earls Charge.

Lieutenant Thomas Power the Earl's Kinsman, now of Captain Congrose's Company, also threatned my life at the Assizes in the Judges Chamber. He also got me to be sued by one Porter, a Papist, for Wine, which the said Earl had many years before I came unto him; the said Power wishing that he had broke my Neck when he last met me, for then, said he, you would not have been an Informer now. This was after I denied the Earl's Man to ap­pear for the Ear against the aforesaid Mr. Bourke. And having had Warrants from William Bradly, Esq; against all the aforesaid Persons, got by the Earls pretended leave to me; yet afterwards they were all secured from Justice by the said Earl. Of which I acquainted the Judges of the Assizes, but they gave me no Warrant against the said Persons; but afterwards acquainting the Lord Chief Justice Booth therewith, he gave his Warrant against them; but it could not be served, the Offenders being all secured from Justice by the said Earl in his own house or lands.

Madam Mortamore telling me, That if I prosecuted them, especially the Powers, that I should lose my life, and no body know what was become of me, being a stranger in the Country

And when Mr. Bourke was to prosecute the said Earl at the Assizes at Wa­terford, August 14. 1679. fear causing him not to appear, Thomas Power, the Earls Gentleman came to me and told me, that the Earl would have me to appear for him before the Judges; and that if I would so appear for him the Earl would be clear'd: Bourke being gone with promises of Reward, if I [Page 19]would so appear, which I refusing to do, the said Power parted from me in a threatning manner, and afterwards at Mr. Bradlys was followed by Finch a­foresaid and others.

The same night Mr. Dobbins the High Sheriff was sent by the Judges for me to come to them to their Chamber, which I accordingly did, at which time the Judges told me, that the aforesaid Bourke was gone, and had sent them a Letter, wherein he mentioned, that fear and want of his Evidence, made him to abscond, or words to that purpose. Then the Judges sent for Mr. Mo Cartee the Deputy Clerk of the Crown, and for Bourk's Information, who brought it, and read it nnto me before the Judges, and hearing them read, I told the Judges, that as for part of the information, as it was read un­to me. I thought the Earl not guilty; but as to Powers Letter, I refused to an­swer thereto, and the reason I answered so, was, because I was not on my Oath, and therefore considering the danger I was in, being so threatned, as before, and seeing the Judges and the said Earl, lodging and eating together, and the Earles servants at the Judges door, as if they had been keepers of the door, caused me then to confess nothing against the Earl, of what I knew.

The Judges commended me for a very honest man, as they told me that they heard I was, and therefore, Bourke being gone, if I would vouch for the Earl, that he was not concerned in any thing that he was charged, the said Judges said that on my bare averring it, the said Earl would be acquit­ted, I then complained much against the Earles Servants; especially, against the aforesaid Finch, (who was then in the house) and so I left the Judges; who sent for me a second time, and Judge Keeling asked me; whether I had any Treasons, or knew any thing of the Earles disaffection to the King, to inform them withal; I being silent they concluded I had, and therefore command­ed me to bring the same in writing, to them the next morning, which ac­cordingly, I promised them to do. But having acquainted the Judges of the said Finch, as you may read before, and of his being in the Town, and he not being apprehended; and being in the Judges own Chamber, where they dined with the Earl, solicited and threatned by Mr. Shortnal, the Earles pre­tended Chaplain, and menac'd and threatned, as before, by the aforesaid Lieutenant Thomas Power, in the Judges Chamber; and in open Court by William Buckner, the Earles Attorney, before the Judges; and knowing the great Correspondency there was betwixt the Earland the Chief Justice Kee­ling; and the great dealings there had been betwixt Judge Reinolls and him, the Earl often telling his great joy when Mr. Keeling was made Chief Justice, saying, when the aforesaid Cowdal brought him the news thereof, that now he, the said Earl, neither feared the Lord Lieutenant, nor Lord Chancelour his enemie, and that he cared not now where he was tryed, having before often said, that he could not be forced to England to be tryed, and that in Ireland they could not, without calling a Parliament.

The consideraton whereof, and the fear I was in to deal with so potent a person, made me not to appear according to my promise, the next Morning, to give in my testimony; but I went into the County of Cark to advise with the Earl of Orrery, whom I knew would advise me, whose sickness hindred my procedure, until I was sent for by the Lord Lieutenant and Council, and being there several times examined, and by several Councils and Commit­tees, that our genuine sence might be taken, and for that prevention of all mistakes, Mr. Bourke, Mr. Ivy and my self, gave in those forementioned Ex­aminations.

In which I also acquainted the Lord Lieutenant and Council that one Law­rence Swillivan, a Papist, left with the Earl by a Priest, and afterwards made the Earles Butler, was in March 1678, allowed to go, or was sent, into the County of Keery, under pretence of seeing his Friends there, who went his journey thither as the Earl went first to Dublin, after he the said Earl was impeached by Bourke. After his return I heard him talk much of Sir John Fitz Gerald and others, in the County of Limbrick, and telling me how much he was made by the said Gentlemen, whom I after saw taxed for like Treason by Mr. David Fitz Gerald, and observing also the return of the Earl from Dublin, and he from his journey the same time, and the Earles repro­ving him with a kick before me, and withal, giving him a wink, and went into private together a considerable time, by which I saw that the Earles an­ger was but pretended to him.

Upon which the said Swillivant being examined by the Bishop of Meath and Sir John Davis a Committee, at which time Sir John Davis read my Examination or Information to him, before me who was appointed to con­front him; he confessed he were with the Gentleman Sir John Fith Gerrald and some of them accused, who made much of him; but the said Sir John Davis so much threatned me and upheld the said Swillivant, that they made nothing of it, always observing that Sir John Davis had more care to exa­mine or to intrap us, then to intrap the Impeached; else they might have sent and examined the Earls Cupboard where his Letters lay, which would put all things out of dispute, as I told Judge Keeting and Sir John Davis, and fully satisfied them whether our Testimony was true or no.

All these precedent Examinations and Informations together with three more, viz. Dennis Mac Nemara, John Foley, and James Finican, all agreeing in their Evidence with those Examinations & Informations, notwithstanding the one did not know what the other had confessed or declared All which Examinations and Informations being delivered to the Lord Lieutenant and Council, we were all bound to appear at Waterford Assizes, to prosecute the said Earl of Tyrone: Where we accordingly went, having first petitioned the Lord Lieutenant and Council that none of the Earls Kindred, Papist, or Tenants should be of the Jury: Acquainting his Grace, that if they were not exemp­ted from being of the Jury, it was in vain for any of the Kings Evidence to appear there: Which Petition the Lord Lieutenant told us was granted; but when we came to the Assizes, we found it denied by the Judges: and the Ju­ries Proceeding were such as made the Evidence complain, some unto the Kings Majesty, and others to the Lord Lieutenant and Council.

Upon which Thomas Samson, one of the Examinants was commanded by the Lord Lieutenant to deliver his knowledge in writing into the Council of the Proceedings against the said Earl at the Assizes: Which he accordingly did in the following Examination. On which the Lord Lieutenant and Coun­cil, telling the said Sampson, the said Examination was to be sent to the Kings Majesty. And to vindicate my Reputation, the Lord Lieutenant and Coun­cil was pleased to give me leave to come for England, and gave me their Li­cense for the same.

The Examination of Thomas Samson Gent. taken be­fore the Lord Lieutenant and Council of Ireland the 14. of May 1680, by the Lord Lieutenants special Com­mand, about the Tryal of the Earl of Tyrone, and William Bradley Esq; at VVaterford Assizes, and the Juries Proceedings therein.

WHo saith, That according to my Recognizance I went to the said Assizes on the 10. of March last past; the then going Judges being Sir Richard Reynolls and Sir William Davis.

The next morning after my arrival there, I waited on them in their Cham­ber to receive their Commands. I then told Judge Reynolls, that I had some­time before petitioned the Lord Lieutenant and Council, That no Papists, Te­nants, or Kindred should be of the Jury: and that his Grace told me, that my Petition was answered, and that he would give the going Judges Instru­ctions therein.

To which Judge Reynolls replied, That all the Judges had given their O­pinion, that it was contrary to Law, that Papists should be exempted of be­ing of the Jury. I then answered, that I was content with what my Superi­ours thought fit.

Judge Reynolls then told me I might have a Councel allowed me, I told him, I desired it in regard it was for the King, and by reason I was a stran­ger to such Proceedings: Upon which I made choice of Counsellor Becket, but Judge Davis told me that he was not acquainted with Crown Proceed­ings, and therefore said, they would allow me Counsellor Pine; and that they would give me a Note to him; but they went to Church, and gave me no note at all. I then went to enquire for Councellor Pine, but found that he was not in, or near the Town.

Judge Reynolls also told me, That the Earl was to be indicted for High Treason, and that Mr. Bradley was to be indicted with him on the same Bill.

I then replyed, that I much wondred at it, in regard that the Witnesses a­gainst the one, were not against the other.

And that I thought Mr. Bradley might, if well handled, and indicted asun der, be a material Witness for the King; but Judge Reynolls then answer­ed, it was so ordered above: I then said, I was content with what Autho­rity commanded. Upon which the Judges went to Church, from whence they returned to the Court, and after the Ceremony of the Court used, &c.

The Grand Jury was called: Counsellor Porter, a Papist, said, My Lord, there is a Peer of the Nation in question, and therefore he prayed leave to appear for him. I answered, That there were three Nations in the Case, and that the Kings Witness had rather need of Counsel: Yet the Judges allow­ed Counsellor Porter to speak, and Counsellor Longan, a Papist also; who said, My Lord, I am for the Impeached: And they prayed leave to except a­gainst some of the Jury, which was against none but Protestants.

The two Counsels together with three Attorneys appeared for the Earl, the Kings Evidence being not allowed one: and pressing for a Counsel, Judge [Page 22] Reynolls answered me, he would be our Counsel; which I took as spoken in derision.

Hereupon I desired to object against Tenants and Kindred of the Ears's, Papists being before allowed; and in particular against Paul Sherlock, a Tenant, and Peirce Welch Gent a Kinsman of the Earl, and others, who upon their bare denying them­selves Tenants or Kindred, were admitted Jurors, and sworn; whereas they were both either Tenants or Kindred. After Dinner I attended the Judges again in their Chamber, who swore me and the other Witnesses, commanding us to attend the Grand Jury; which we accordingly did, waiting in a Chamber next the Grand-Jury Chamber; and Hubbart Bourke one of the Evidences, went to the Jury, and intreated Admittance, and desired to be heard, as he told me and the rest of the Witnesses. But the Jury told him, that they had his Examinations already, and that they had no business with any of us; for that they were ordered to hear no new Matters: To which I answered, That I was sworn to attend the Jury, and therefore would have Admittance.

Capt. Grant always meeting the Evidence at the Door, and telling them that they had no business with us, which was unknown to some of the Jury.

Whereupon I went three times to the Grand-Jury-Door, and being earnest, I was ad­mitted in; Capt. Grant and Mr. Carew asked me, Whether I had any new Treasons to inform the Jury of, other than what were delivered in before the Lord Lieutenant and Council in my Examinations? and told me, if I had, they were ordered not to hear (or Words to that purpose;) I told them, that I had no new matter but what had been be­fore the Lord Lieutenant and Council; but I desired to have my Examinations read unto me, to see if they were all there, or if need required, that I might explain the same, or words to that purpose.

On which, they read one of my Examinations unto me, whereby I found all my Examina­tions were not there; or at least read unto me, of which I informed the Jury.

But Mr. Welch, Capt. Grant, and Mr. Carew pressed not to have me heard; on which, I told them, that some of them were fitter to be on an Examination, than on that Jury; on which they were silent.

And the Foreman acknowledged before the Committe of the Council appointed to ex­amine them, that they received but Nine Examinations; of which he gave me an Account in writing, and that I told them of several things that were not in those Examinations.

Sir John Davis wondering where the fault lay, that all the Examinations had not been delivered to the Jury, being not the one half of the Examinations taken before the Lord Lieutenant and Councel, and also of the least value, the next day, being in the Judges Chamber, there came in Capt. Grant and Major Richard, two of the Jury, who told Judge Reynolls, that the Bill against the said Earl, was found Ignoramus.

Whereupon Judge Reynolls asked Maj. Richard, whether they all agreed to it? He an­swered, That 7 were for finding the Bill, and 10 against it, and so they were out-voted.

Capt. Grant saying that they found the Matter Charged against the said Earl High Treason, but they invalidated the Testimony of the Witnesses, and that was the reason why they did not find the Bill. But being asked, Whether he knew or heard of any evil Report of me? he denied that ever he did. And not long before, Capt. Grant, and they that were against finding the Bill, gave a Testimony under all their hands for one of the Evidence's Honesty, which is ready to be produced; it being at a time when he appear­ed for the Earl, and also promised him Bribes if he would not confess. And when three of the Jury that were for finding the Bill, and three that were against it, were summon'd before the Councel, the Foreman said, That the nine Examinations in their hands were sufflcient for any to find the Bill; but he was sure that if there were as many more, and as many more Witnesses, yet they that were against it, would not have consented to the finding of it.

But that which I further observed, was, That after the Evidence were some of them de­nied Allowance to the Jury, being told, that they had Evidence enough before them; on which the Evidence left attending, and were gone: They then pretended that they sent for them, and not finding them, informed the Judges, that they would have heard them, but could not find them: I desired that Mr. Mac Nemara might be examined to this; but was not when I came away.

The next day, being on my Duty, attending the Court, the Bill was brought in Ignora­mus; on which I told the Judges, that I observed but just before, a Bill was found against a Person for pulling a poor Fellow out of a Smoky Cabben, for which a Fine of 4 d. was imposed.

But the King (said I) had hard measure that a Bill should not be found against a person for denying to be assistant to him if he were pulled out of his Throne, with other Crimes sworn against him. And therefore I prayed the Judges that the Jury might be sent for and poled, and that they might answer one by one, which were for finding the Bill, and which against it. And that inquiry might be made of the persons that were of most value as to the Kings Interest, and protestant Religion, they that voted for finding the Bill, or they that voted against it.

On which the Judges sent for the Jury, and had them called over one by one, and no que­stion was put to them, but whether they were all agreed? To which the Foreman answered, That according to the way they usually used in Juries (that is) by Poles or most Voices they were agreed, but no otherwise: But if it were according to law, they left that to the Judges; and so the Bill was received Ignoramus.

I also told the Judges in open Court, That one John Winston, the Earl of Tyrone's Sene­schal, and the last Subsheriff of whom I had informed the Lord Lieutenant and Council, That what private concernes came to the said Sheriffs hands, the said Earl should be first acquain ted therewith.

On which his Grace ordered in Council, that he should be no more Subsheriff: yet as soon as another High Sheriff was chosen, the said Winston desired to be Subsheriff, and in or­der thereunto offered the High Sheriff, That if he would admit of him the said Winston to be Subsheriff, and let the Pannel of the Old Sheriff stand, the aforesaid Counsellor Porter should give him Counsel all the Year for nothing: And that Mr. Andrew Lynn, and he late High Sheriff should be his Friend for ever; Of which I offered the Judges Proof in Court, Witnesses being there ready to attest it: But the Judges took no notice of it.

There was likewise brought to the Judges by Maj. Rickards, an accusation of one Francis Hatchet against the said Earl, for that the said Earl would have imployed him to make Pike­staves and Holbard-staves, and that the said Earl shewed him heads to put thereon; of which the Judges commanded me to give in writing what I knew of the same; which ac­cordingly I did, and was sworn unto it, but was ordered by the Judges, not to speak with the said Hatchet. I then told the Judges, that I scorned to do any thing under hand: The the said Hatchet was ordered to be examined by Major Richards, who when he was exa­mined again, minced his Testimony, from what he had said before, to the said Major Ri­chards, alledging, that he dare not speak more for fear of his life, or firing his house. When Major Richards was examined to this by the Committee appointed therefore, Sir John Da­vis being one of the then Committee, said, he wondred that this Examination should net be delivered to the Lord Lientenant and Council by Judge Reinolls, who received it, in as­much as he thought it one of the most material things that came in against the said Earl, of which, I being thereunto, required a Copy I gave to the Council of which things the Earl was not accused of before, but for fear he should be the workman that was to make the aforesaid staves with the said Hatchet, (but could not by reason none of the Earles Timber would not make them) did give a Note under his Hand and Seal, that the Earl did not intend them for any plotting against the King, but for his own use. And when I went to Judge Reinolls his Chamber, to take my leave of him, I was an hour with him in private, before Judge Davis came to him, this I did auer, notwithstanding Judge Davis did acquaint his Grace the Lord Lieutenant, that they agreed when they first came the Circuit, not to be asunder when any of us (meaning the Kings Evidence) were before them.

They told the Lord Lieutenant so when I confronted the Judges at the Council with this following Discourse, and about the Proceedings at the Assizes.

I also told Judge Reinolls, when I was at his Chamber to take my leave of him, that Sir Thomas Osborn one of the Jury said, that had the like Evidence, Against his father as against the Earl, he would have found the Bill, which he did not deny when examined before the Committee.

Judge Reynolls then told me that the Earl had better given a 1000 l. than that the Bill should have been brought in ignoramus.

And when I told Judge Reinolls that Mr. Bradley who was joyned in the same Bill with the Earl, would have confessed what he knew, and gave a great discovery to the thing.

Judge Reinolls answered, that if he had confessed any thing, he would have hanged him as round as a Juglers Box.

And I most humbly acquainted the Lord Lieutenant, that the Bill being not found against the Earl, most men looked upon us as ruined, who were the Witnesses for His Majesty, and they that can act most against us, account themselves most happy.

Many persons having said from the first, that if we discovered any thing, we were ruined in regard all the great Ones of the Nation would be against us.

And on inquiry, it will be proved that seven of the ten of the Jury that found the Bill ignoramus, were Kindred, Tenants and friends of the Earles pre­pared for the purpose,

One of them allyed to Mr. Bradley, was brought out of another County to make a body in the County of Waterford.

And as to several preparations made in Coffee Houses to asperse the Kings Evidence, I am ready to make out the persons whom, the time when, and the places where.

The Copy of the JURORS Names.
  • These were for finding the Bill.
    • William Bolton Ar.
    • Andrew Rickard, Ar.
    • Thomas Osbourne, Kt.
    • John Morris, Gent.
    • Robert Whitley, Gent.
    • John Stevens, Gent.
    • Henry Jaques, Gent.
  • These for not finding the Bill.
    • Jespr. Grant, Esq;
    • Pierce Welch, Esq;
    • Thomas Kneal, Gent.
    • Robert Cooke, Esq;
    • Robert Carew, Gent.
    • Michael Carew, Gent.
    • Roger Carew, Gent.
    • Paul Sherlocke, Gent.
    • James Oldfield, Gent.
    • Alphon O Bryan, Gent.

Several Queries touching the Earl of Tyrone's and Mr. Bradley's Tryals.

1. WHether all the Examinations taken against the said Persons, or any of them, before the Lord Lieutenant and Council, on which the Lord Lieutenant and Council, declared the said Earl's to be High Treason, should not have been delivered to the Jury.

2 Whether the Evidence for the King ought not to be heard by the Jury, when sworn thereunto.

3. Whether the Kings Witnesses-ought not to have one Counsel, as well as the Accused five Counsels and Attorneys.

4 Whether the Bill could be found Ignoramus, twelve not agreeing there­unto.

5. Whether all those Letters mentioned in the Examinations should not be searched for, when desired by the Evidences, to strengthen the Evidence, and told the place where they might be found.

6. Whether the same persons were not fit Evidences for the King on their Oaths, when proffered to clear the Accused on their bare Word.

7. Whether all that was charged should not be examined and disarmed.

8. Whether a Person accused for feveral Treasons, on Tryal of some, can be cleared of all, meaning when all Examinations and Witnesses were not heard, or known of by the Jury, &c.

The Vindication of Edward Ivie Gent.

BEing of no long residence in the Kingdom of Ireland, I shall speak but little of my self. My Relations lived in the Counties of Devon, Wilts, and Somersetshire in England, being all very responsible men; and I lived most of my time in Somersetshire, in a Town-called Winecauton, and was in the late Wars a great sufferer for his Majestie, both in Bodie and Estate; and since ever readie to serve his Majestie on all occasions, especially in times of greatest danger, as in Sir Joseph Wagstaffe's Engage­ment, in which I was an Actor, and for which I was forced to abscond; and never was counted otherwise but a person whose Testimonie was fit to be taken, both Publick and Private.

Neither do I believe but the Earl of Tyrone would look upon me un­der that Character, if I had been a Witness for him; else he would ne­ver have endeavoured to have had me entrap Mr. Samson, and to have come in against him, as in my Examination is expressed: Wherefore all that I shall say, is, That if through my Testimonie I have been the occa­sion of Mr. Macnemarrah his confessing and declaring the great danger the English Protestants were in, and the preventing of the same, through Gods mercie and the vigilancie of our Superiours; all that I desire is the accepting of the Endeavours of a Loyal Subject and Servant to his Countrie.

Edw. Ivie.

The Vindication of Thomas Samson Gent.

SInce it hath been the usual practice of the Romish Partie, in reference to the late Plot, to asperse the Witnesses for his Majestie, endeavou­ring thereby the purging of their own Faults, by taking in question others; thereby to make the world believe their false Reports, and to buzz them in the ears that it is for sinister ends these things are brought in question, having little else but assassinating the lives and scandalizing their names, to clear their Villanies; as appears by those alreadie murdered, and like to be: And it would be an encouragement to future Evidences, if any of the Kings Evidence could but escape their Jesuitical Pen, blondie Hand, or black Mouths.

Wherefore as something hath been spoken in vindication of the other Evidences, so I crave the Readers patience to speak something in my own vindication; which I shall endeavour to do, to undeceive the world, by declaring these three things:

  • 1. The condition of my Person and Family.
  • 2. The true Grounds moving me to appear in this Case.
  • 3. In answering the Prejudices and Objections whereby the Accu­sed have laboured to traduce and defame me.

First. As to my Person, I was born in Sherburne in the Countie of Dor­set, of an honest and credible Family, being in Marriage and otherwise related to the chiefest Inhabitants in that place; having passed all the Offices of the Town where I lived, under Mr. Lyford, and Divine well known by his learned Works, then Minister of the place; and after his decease, under the labours of others, in a firm adherence to the Protestant Reli­gion, for above thirtie years: But after the decease of my Wife, I went into Ireland to gather up some Debts of my own, and others by whom I was employed. And after my arrival there in Ireland, I lived most in the Province of Munster, being acquainted with most of the Nobilitie and Gentrie of the Counties therein; where a Certificate of my Life and Conversation might, if desired, have been easily procured: for I desie the world to charge me with any Misdemeanours which may in the least render me uncapable of being a Witness for the King, or o­ther persons in any Judicial proceedings; or that can otherwise blemish my Reputation: Yea, the very Tenants of the Earl of Tyrone himself, not interested or pre-engaged, will testifie for me; and three of the Jurie ex­amined before the Council, did on their Oaths swear that they never knew or heard any evil Action done by me.

Secondly. The Motives engaging me to make this Discoverie, after a long forbearance of the same, when summoned up to the Council, was,

1. The fear of God; which should be the ground of all our Actions and Undertakings: for that will not allow a man to approve Guilt in himself, or conceal it in others, especially when the Confequence is so por­tentous as to threaten Ruine to the King and Countrie; which would have been involved in the common Calamitie, if real, as it seemed to appear.

2. Love to the Protestant Religion; which must needs be in great dan­ger, if not quite extirpated, if a forraign Papal power had the upper hand in that Kingdom, the Papists having so great a part alreadie.

3. My Dutie and Allegiance to his Majestie, Ireland having for some hundred years been his and his Royal Predecessors; so that no good Subject could possibly hear any thing tending to the rending it out of his Majesties hands, and being [...]lled thereunto on Oath, but must testifie his truth therein, [...]ld Tyron [...] of Irish Extraction, had in Queen Eliza­beth's days ende [...]red to betray it unto the Spanish, who by Gods Mercie and English Valour, were ferreted out. Being satisfied sin my Conscience of Endeavours to betray it to the French now, I looked up­on my self under a deep Engagement no [...] to conceal it.

4. I will not deny but that Self-preservation and Command of Supe­riours, had also some influence upon my Discoverie in concurrence with the former Motives. Having discovered some dangerous Intrigues, I thought it hazardous to conceal them, there being no Accessaries in Trea­son, but Concealers as well as Actors, coming under the same Guilt; and the rather incited thereunto by his Majesties Proclamation, signifying, That if the Discoverie were not made by a day appointed, there was no Pardon to the Discoverers. Herein I hope, amongst the intelligent sort of mankind, I have not laid in any great prejudice against my Testimonie, because Self-preservation is a natural Principle which runs through the whole Species of mankind: And yet I confess I had some struglings in my self, before I could conquer those difficulties which lay in my way; I mean, those prejudices which I foresaw would be objected against me.

Thirdly. The Objections and Prejudices I foresaw, were these:

1. I was comparatively but a mean and inferiour person, and therefore unfit to act in so high a Concern, and against so potent a Power, especi­ally having the harsh usage of Mr. Bourke before my eyes. It was a Say­ing, as I remember, of Sir Walter Rawly, That [...]f a man followed the Truth too close by the heels, it might perhaps knock out his brains. For an inferiour person to accuse great men, doth many times make the Wit­ness suffer, and set the Offender free. Truth, it's but seldom entertained for its own sake, that it hath need of piecing advantages to buoy it up against the power of great Persons. This, I confess, put some stop on me for a while, until the former Considerations did out-ballance them.

2. There was much danger of Life, Libertie, loss of Employment, fore­seen by me; which are Clogs and Weights hindring the attempts of ma­ny noble Actions; it being the predictions of most persons, that such would attend those that appeared therein. Considering likewise the many Slanders and Reproaches that was cast upon us by the Earls Friends, and to reckon up all the Abuses and Threatnings against me and the rest of the Witnesses, some of which are hereafter mentioned, would be te­dious; if love to Truth had not carried us on, it was impossible we should have been supported under them.

3. It is alleadged as a Disparagement to me, that I appeared against my Lord and Master, for such the Earl of Tyrone had been, which is counted a thing of no credit for a former Servant to do. To which I say, I was the Earl's Steward, for which I had his Commission, and do acknowledge it the dutie of a Steward to be true and faithful to his Master, in things wherein the safetie of King and Kingdom are not concerned: Yea, and to persist in that frame of respect, as long as matters will bear any favou­rable interpretation, it being the part of a Servant to take all in the best sence. And I my self was so far excusable herein, that at first when I heard the Earl speak some discontented words, I thought them merely indited from his passion, of other particular pressure, without any real or [Page 30]solid ground; which made me go so far in concealing, or rather acting for the Earl, that I could hardly retrieve my Allegiance.

Yea, his Lordship when he was accused by Bourke, I was very forward to appear for him, as thinking him wrong'd; and accordingly accompa­nied him to Dublin to that purpose: so that I was not the first Starter of the business against the Earl, but was brought in by the information of Mr. Bourke; and I was so passionately zealous for him, that I could hard­ly retrieve my Allegiance.

Indeed upon serious recollecting of things, and confidering that the faid Earl had a constant defiance to the King; and also the multitude of Papists, and other Irish Officers disbanded in France, resorting to my Lord, and harboured by him, I was convinced that a transient discontent could not form it self unto so great a designe, but that it must have a fir­mer root: And thereupon began to observe things more narrowly, and then found matter enough to ground more than a Suspition, and did be­lieve there was some truth in Bourk's Information. Being also further a­wakened by the Plots in England against his Majesty and Government, I had a great conflict in my self what to do. At last the noblest considera­tion weighed down all the rest, and I resolved to maugre all fears and doubts, and testifie the truth; resolving that it was not an incumbant dutie on a Servant, utterly to lose his own Reputation to piece up his Masters.

Whereupon I made several days to make some discoverie at Kilkenny to the Lord Lieutenant, but did not then effectually proceed; but then I acquainted Esquire Bradley (which after was charged) one of his Maje­sties Justices of the Peace, who told me that he dare not meddle for fear the Irish would fire his house and burn his Family. Whereupon I under­took a Journey to Youghall to the Earl of Orrery for to get his advice and counsel, but found him in a dying condition. In the mean time God him­self open'd a door unto me for my Discoverie: for upon Mr. Bourke's In­formation I was sent for by the Lord Lieutenant and Council, to declare my knowledge of that matter; which having before dis-engaged my self from the Earl's service, I was the freer to do. And having before seen the great swarms of Papists flocking to the said Earl's house, thirtie or fortie more than our own Family. I also considering the pretended set­tlement of his Estate, for fear of Mr. Bourke his charge against him, in case the Treason was found.

All these things considered, I leave my self to the Censure of all unin­terested persons, whether my dutie to my Prince and love to my inperi­led Religion, ought not to over-ballance the inferiour consideration of being a Servant to Lord and Master, if he had been so at that time; which he was not, when those two references do enterfere one with the other.

4. It's objected against me, that I left the Earl and turned head against him, because I could not make up my Accompts; and that so I covered my dishonesty under a pretence of Loyalty.

To which I answer, That there is no truth in the Allegation, as they that know the Earl's concerns, may easily judge: for that I was not in his service above eight months, and having never or scarcely above 10 s. in my hands, but as the Rent was received, or before it was ordered to be paid away. And if at any time I undertook a Journey of a nights stay abroad, I left with the said Earl my Money and Books, for fear of be­ing robbed, and the Robberie put on my self; a trick which I was fore­warned [Page 31]of by my Friends, and the Earl's too. The truth of this I leave to the Countrie-Gentlemen, whether they have not heard the Earl speak it to my commendation.

And of all the Years Rents that came to my hands, was not with other Receipts above 500 l. (what Estate the Earl had more, I know not) for which I was accountable; out of which was paid 300 l. and more in sol­vent Bills, and old Debts, and Rent-charges on the Estate: which con­sidered, with the charge of Law, Building, Improvements, Journeys to Dub­lin, Maintenance of the House, buying almost all we used: And some­times when well freighted with Irish Gentlemen and disbanded Officers out of France, it cost in Extraordinaries above 10 l. a week; spending more in the Popish Fasting-days, being always two or three days in a week, than would maintain a well-govern'd Protestant Family the whole week.

But to give no more such needless Excuses, I passed that Account of the first half years Rent to John Power Esq; of Clachmore, the Earl's Kinsman, and by the Earl his order: and having charged my self with the Receipt of the whole Rental, the Earl was in my debt 30 l. which I owed at Waterford. And to make me take up more there, he gave me a Rental of the next half year; which being so small, and so great Debts charged on it, that the Earl himself could not think on a way how to make provisi­on for that Journey he was then going to Dublin, and to pay the old Scores. But I was forced to stay behinde and drive the Tenants Cattle; and what Rents could not be had, to take a Bill for on my word in Waterford, and so have the remainder of the Rents made over to me to discharge the same.

At the Earl's return from Dublin I was earnest to discharge my Ac­compts and Stewardship, and in order thereunto got the aforesaid John Power to sollicit the said Earl to audit my Accompts; who accordingly did, and himself made up my Accompt by Acquittances, which the Earl allowed him to pass, and in the behalf of the Earl to set his hand to them. On which all the Arrears due from the Tenants was due to me, having charged my self with the whole Rental and Charge as received; which the said John Power, by the Earls order, was ordered to acquaint the Te­nants with: which Arrears I was a fortnight gathering, and distraining for at the Earls own door. And what Arrears was due, and I could not then receive, I took Bond for in the Earls own house in my own name; which I after sued for and recovered at the next Assizes: which the Earl never found fault with, until (as you may see in my Examination) I denied his Gentleman to appear for him the said Earl at the Assizes, in Mr. Bourke's absence; and when I would not appear for him, then he pretended that he was not satisfied in his Accounts, and desired to have them examined again: and then every penny to the very Work-men was also examined and proved, and others that were brought to deny what they had recei­ved and discharged under their hands, went away with great shame. John Power returning to the Earl, ordered me to wait on the Earl in the Field, where he discharged me with many Threats. I passed the Ac­compt so often and so well, that the said John Power said, that he defied the whole world to shew a better or honester Accompt; on which the Earl was Debtor to me 10 l. 10 s. 5 d. on the Ballance.

All Gentlemen that know the Earls Concerns, can, if they please, say that the Earl yet never parted with any Steward but gave him the like scandalous parting; no, not so much as Mr. John Power himself, who was as to the Earls concerns, in all mens esteem, a very honest man.

And when I was summoned up to Council-board, then he got me arre­sted in the way; which Suit the Lord Lieutenant offered to free me from. Yet I answered the Suit to avoid the scandal, and then the Earl let fall his Suit; and as Counsellor Porter said, he believed that the Earl knew not of it; and farther said, that he was sure he could not certainly sue me, in­asmuch as he had seen the Accounts, and which were so just and legal. Judge Keeling well observing, that if I had been as great a Rogue as Clansey, he was sure I could not cheat him in his Rents. But to satisfie the world more fully, I am ready to pass it again, if fairly thereto admitted; or to refer the farther scanning the same to indifferent men, provided one of them is a Protestant.

5. Objection laid in against me was, of being bribed by others to throw the Treason on the said Earl.

This Cloud, though black, or blacker than the former, may flie away as soon as the other: For the Earl himself cannot think so, when he knows that Maj. Butler was ordered to put this on foot against Col. Villiars, as soon as the Earl heard that Mr. Bourke had charged him; concluding that the world would believe it, because of the Law-suit that had been betwixt them; which certainly the Colonel had then no need to do, having ob­tained the Estate from the Earl.

And when examined by the Chief Justice on Oath, whether I was a Steward to Col. Villiars, I answered, That I was not; but if free, I would, forasmuch as he was a good Protestant, and a Loyal Subject. And when the Question was put to the Colonel, whether he had employed me, he answered, That he had heard by the Country that I was an honest man; and if free from the Kings concerns in this Examination, he would em­ploy me. And one thing I observed of the said Colonel was, that when he had a Witness examined on a Commission about a weighty affair, he then told the person, encouraging him to speak truth, that he had rather lose his Estate, than to keep it by a false Oath.

And I do hereby declare, in the presence of God, that I never had one Penny bribe from him or others in my life.

6. Hopes of Reward in the last place charged as a Motive inducing me to this Undertaking.

To which I say, That my Carriage in both Kingdoms will be my Compurgators from this Charge. I have been always more a Friend to others than to my self, ha­ving straightned my self to do others good. Besides, the Accusation contradicts it self; to lose a certain Employ for uncertain Hopes, is not the part of a prudent man. I did easily foresee the Troubles, by Threats and Menaces to others, and did not expect less to fall on me; and which at length came to pass, the Knife being taken out of the hand of one going to stab me: and for me to dispossess my self of a quiet and peaceable Habi­tation and Livelihood, and thereby, as it were, to court my own Trouble and Disap­pointment, is not to be imagined I should have done, unless higher Motives had engaged me. I was but an ill Carver for my self, the way I took, if my aim was only at Re­wards. All mens judgments (which are but fallible) will be at last surveyed and exami­ned at a higher Tribunal; and if then it appear that the first recited Motives put me up­on this Discovery, and do still support me against all Discouragements under it, I shall be then sufficiently acquitted before God (as I am at present in my own Conscience) whatsoever Slanders, Obloquies, and Reproaches, the Envy of Adversaries doth cast in my way, to asperse, black, and defame me.

These things I have offered to the view of the World, in respect of my Allegiance, knowing it my duty, that if I saw but a Cloud as big as my hand, I ought to discover it to my Master the King; and also in love to my self to secure me against such Scandals, which otherwise might be a hindrance to Truth.

THO. SAMSON.
FINIS.

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