IN the West of Ireland, in the Province of Munster, lieth the River of Kilmare, about 11 Leagues from the Main up into the Countrey, adorned on each side with divers capacious and defencible Harbours, wherein thou­sands of the best Ships may safely ride at once, with ready Outlets for the Outward or Home­ward bound Ships; and many Conveniencies for great Fisheries, as Herring, Pilchard, and Sal­mon; To say nothing of divers kinds of Hook-Fish, as Hake, Cod, Ling, Polluck, Mackarel, &c. wherewith this River aboundeth, capable [...]l Trade both by Sea and Land; as it was before [...]he last War, after Sir William Petty had erected [...]everal considerable Fisheries, built the Iron-Works, opened the Lead-Mines, and promoted [...]he Trade of Rape-Seed on each side of the Ri­ [...]er, and planted a Collony there of 815 Souls [...]f English Protestants at his Expence of above [...]0000 l. Sterl. to the general Enrichment of [Page 2] that part of the Kingdom, and the great Aug­mentation of the Kings Revenue; all which were demolish'd and destroy'd by the last Wars and not above 75 of those Protestants now left in being; so greatly the Heirs of Sir William Petty, and this Collony of Protestants, have been Suf­ferers in the late Troubles by their Adventures in that desolate part of the Kingdom, where the Natives by the right Numbering of the People were found to be above 900 Papists to one single Protestant; who were never thorowly subdu'd since the War of 1641, nor in the best of times brought ameanable to the Laws of England, until the same was performed, in a great measure, by this English Plantation; where now again, ever since the last War, 20, 30, and sometimes 100 at a time of Toryes have march'd openly in Arms up and down that Country, and upon the approach of any consider [...]ole part of the Army, have disperst themselves into smaller Companies, and are conceal'd among the Glins and Fast­nesses; where if any of the Inhabitants are suspe­cted as Discoverers, They and their Friends are immediately destroyed, by burning thei [...] Houses, cropping their Ears, and cutting ou [...] their Tongues, and sometimes keeping them Pri­soners whole Nights, stark naked, in the ope [...] Fields.

Into this River, as a place for the purpose, ar­rived the Laurel of London, Christopher Ly [...] Master, she carry'd ten Guns, Burthen 150 Tun [...] [Page 3] richly Laden (as gather'd from the Master and People belonging to her) with Sugars, Log­wood, Fastick, Lyme-Juice, Indigo, Ginger, Cotton, Paint, Pemento, and great store of Gold and Silver, and divers Ingots besides; from Jamaica, bound for London, having on Board as Passengers, Jacob Myars (the Jew) and Peter Row, as also one Mr. Spyers, who was said to be Son-in-law to one of the Owners of the Ship, but so indispos'd and sickly, that it's doubtful whether he vvas concern'd in the Stratagem or not. They gave an account that on the 27th of January 1693, in the morning, they were four Leagues to the West of the Bull, Cow, and Calf, appendix page 18 when first they made them, and believ'd them to be the Skellox, until they were undeceiv'd by the Main Land so near them; and tho' they de­clar'd a Resolution for Kinsale, and to lye there appendix page 18 until some Ship of War could come and receive them into her care, and convoy them safe for London; yet one may conclude that they shap't an extravagant careless Course, to stand for the River of Killmare; vvhereas the wind being at West, four leagues to the west of the Bull, &c. appendix page 18 They might sail in a manner right before it, for the Old Head of Kinsale; The heavens acted no­thing to the contrary; and had they designed vvhat they pretended, It's very manifest by Scale and Flovver-de-luce, and by the accompts of the Winds, and the sufficient good order of the Ship, that she might have arrived there vvith less diffi­culty then she did in Killmare.

But Killmare was the place alloted for the fa­tal knock, which without Resolution, or pre­meditated intention, could not be well accom­plish'd in that River, by reason of the many Har­bours gaping on every side thereof to receive and entertain any Ships whatever, and by reason of the boldness of the Shores upon the River, and all these Harbours; so as a Ship Turning up the River, or into the Harbours, may safely dare to Nose every Rock with her Boltsprit; I say not appendix page 18 well to be accomplisht, especially while the wind held its own at W. the River lying W. S. W. and E. N. E. but two points from blowing directly up the River, and might very well serve for putting into any of these Harbours; Capanacossy is the only Shole and lyeth near the upper end of the River; But so landlockt, that there is no manner of Danger, because the greatest Winds appendix page 12 have not power to create Seas, or to make any, appendix page 5 more then a small cockling of the water; And 'tis to be observed for ever, that it's the Seas, and not the Winds, can do a Ship any considerable prejudice in cases of distress of this kind; for let the Winds be never so violent, a Ship shall never beat in smooth Waters.

Into this River, as the place of Execution, they arrived on the 27th of January 1693, in the evening, and dropt their best Bower, and so came to an Anchor under Rossmore-point, about mid­way up the River, where, as the winds continued still at West, she might ride well enough, as she [Page 5] did all that night, for they were not resolved to cast her away untill they had fix'd upon a con­venient shore to save themselves, and their mo­ny, in their long boat. That evening they had a full prospect of the greatest part of the River, and the openings of the several Harbours; Next morning, a little after Six a clock, they cut their Cable, pretending that she would not ride for want of the Mizen-Mast, for they had taken care to cut That by the board, before she came into the River, to prevent her yawing as she sayl'd afore the winds, as tho' nothing could prevent it, but the cutting away of that Mast; But the rea­sons why they wounded and hackt the main-yard, the fore-yard, and the fore-top-saile-yard in seve­ral places about the middle of the yards, are yet appendix page 18 kept to themselves. But would they speak ingeni­ously, they must say 'twas done that they might crack and break in sunder when the sails should appendix page 22 fill with the violent winds, and thereby make the greater shew of distress? Having cut the Ca­ble, she drove up along the north side of the Ri­ver, and coming towards Black-Water, a very good Harbour, and right afore the wind, which appendix page 6 now veer'd to the S.W. they made ready, and the appendix page 12 Master, Passengers, and the whole Ships company, appendix page 6 got out with their Treasure of Gold and Silver, and in their long-boat they came ashore at Black-Water, appendix page 6 and presently sunk their boat, and marcht appendix page 12 up by land along the River side, about two miles from Black-Water to the house of one Dermot [Page 6] mac Owen, at Cappanacossy, about seven a Clock that morning; but their Ship was got appendix page 6 to Cappanacossy almost as soon as they, without appendix page 11 a Soul on board her, where she drove to and fro appendix page 6 before their faces, with the Flood and Ebb, all appendix page 12 that day; while the Master, Passengers, and appendix page 21 Company, divided the Treasure among them­selves, appendix page 22 to every one a share; and sent for Li­quor appendix page 1 from on board, to make themselves and appendix page 12 the Country People merry, Renouncing their Ship, and declaring her a Wreck, in a place appendix page 3 where a Ship could not be lost, but by some Sinister means.

But their greatest concern was how to provide Horses and Conveniencyes to carry themselves appendix page 12 and their Treasure out of the Country, without any manner of regard to their Ship or Cargo: They mockt and spurn'd at every body that ad­vised them to betake themselves to their Ship; And such as were importunate to have her saved, appendix page 2 they caused to be soundly drubb'd.

Having spent that day in jollity and carrous­ing after the Treasure was distributed, The appendix page 13 Master at length was prevail'd upon to write to Mr. Thomas Palmer, a Minister, and one of the Justices of the peace of that County, living about three miles up the River side from Cap­ponacossy. And in his letter he pretended some appendix page 31 distress, and that he had not a sail left; tho' at appendix page 18 the same time, there was a whole suit on board: appendix page 25 Whereupon Mr. Palmer went to him in the even­ing, [Page 7] and told him that his Ship was in very appendix page 13 [...]tle danger, and advis'd him to get his men to­ [...]ether, appendix page 33 and go on board again; But the Ma­ [...]er seem'd to despair of ever getting her out of appendix page 7 [...]at place, and desir'd that some of the Country appendix page 12 [...]eople might make the most they could of her. [...]ut Mr. Palmer bid him still be of good courage, [...]nd told him that she could be saved without any [...]anner of difficulty; And then by further discourse, [...]e understood that they had great quantityes of [...]old and Silver at Dermot mac Owen's house, [...]d did therefore alarm them to go on board appendix page 33 [...]ith their Treasure; telling them, that the [...]untry abounded with Toryes, and that their appendix page 7 [...]ip was the best Garison in those parts; upon appendix page 13 [...]hich apprehension of the Toryes, the Master appendix page 7 [...]ssengers, and Seamen, repair'd again to their appendix page 33 [...]ip with all expedition, and were afterwards [...]re cautious in their designe [...]; Yet took no [...]nner of care to preserve the Ship; but dis­ [...]untenanced, and rejected several skillfull Sea­ [...]n appendix page 2 of the Country, when they offered to bring appendix page 8 [...]r into a good Harbour. appendix page 3

Mr. Palmer Returned home that night, and appendix page 21 [...]t several of the English People with Men, and appendix page 33 [...]ats, to fetch off the Ship, the night being fine appendix page 25 [...]d calm; And sent some Soldiers likewise on appendix page 29 [...]rd, lest the Rabble of the Country, or the To­ [...]s, appendix page 19 should make any attempt upon her; But all appendix page 33 [...]o purpose, for the master would not suffer appendix page 19 [...]m to get her away, But got up a Cask of appendix page 29 [Page 8] appendix page 25 Rum, and therewith set all that were on board appendix page 33 to make themselves merry; and so the Master appendix page 2 and the rest of the Ship Crew, pass'd away that appendix page 6 fine night, without suffering her to be brought to a convenient Harbour.

Next morning being the 29th, Jacob Myars appendix page 7 Peter Row, the mate of the Ship, and the greatest part of the seamen, went off by Boat with their Treasure in some Chests, and put the same a­shore at Mr. Palmer's house, which were handed in by their own men, and set them in an open appendix page 7 room to the view of every body that came in, appendix page 33 without acquainting Mr. Palmer that there was any thing besides their cloaths in the Chests; And on the same day Mr. Palmer and Mr. Myars rid down to Cappanacossy, and took along wit [...] them one Mr. Richard Orpen (Son in law to Mr. Palmer) to consider the best and speedyest mean [...] for saving of the Ship, &c. he having judgment in appendix page 33 Shiping, who went on board along with Mr. My­ars, leaving Mr. Palmer (being a corpulent man) appendix page 21 ashore; As soon as Mr. Orpen got a board (being appendix page 24 about half flood) he examined the Pump, an [...] appendix page 30 found that the water was black and stunk; An [...] thereupon told the Master that the Ship was tight and that she was in no manner of danger, an [...] told him also that there were a great many me [...] appendix page 33 coming down from Mr. Palmers to lighten an [...] get off the Ship, and that they vvould bring h [...] off that very tyde; And desired him to hoist u [...] all the heavy Goods that could be readily come [...] [Page 9] to be put ashore, and also his Guns, for that their weight aloft, would incline her to swaddle; ad­ding, that one pound aloft would do her more prejudice then ten a low, and bid him strike the [...]ore-top-mast as well as the main-top-mast, and [...]old him that she would ride the quieter, especially while she had no Mizen;

To all which discourse, the Master answered nothing, onely said, that he could not part with appendix page 24 his Gunns, that he must keep them for his defence, [...]east peradventure he should be at any time at­ [...]akt by the French Privateers; whereupon Mr. Orpen told him that the Gunns could be of no great use to him in that condition, since that the Privateers could engage him (where he lay) [...]n no other manner than in their Longboats; and appendix page 24 still advised him if he would putt his Gunns a­shore, and make a Battery near his Ship; twould do much better, and that he should be furnish'd appendix page 24 with men enough with small-arms on board, which would be more proper against the Long-boats, one of the Gunns countervailing the weight of eight men or thereabouts; But the Master would not hearken to it; Mr. Orpen discourst him further, [...]nd asked him how many men belonged to the Ship, he answered nine, and two boys; and being appendix page 24 [...]sked how many of them he quartered to each Gunn? and how many to the small-arms? He [...]retted at the discourse, and said, tho' he had appendix page 25 [...]ot men enough for the Gunns, yet he would not [...]art with them, but would keep them for a shew; [Page 10] a very pretty shew indeed! when all the Gunn [...] except two, lay heads and points along-ships u [...] appendix page 24 and downe the decks, and remain so still; Bu [...] the dialogue rested not there, for Mr. Orpen en­quired of him about his Anchors and ground tackle, and their condition; and what anchors h [...] had then out? The Master answerd that sh [...] appendix page 25 ridd only by the Kedg-anchor and a small warp That they had lost their best Bower at Ross-more when they cut two days ago, and that the [...] had a very good Cable. But their sheet ancho [...] wanted a stock; upon which Mr. Orpen desire the master to send his Carpenter, who was the appendix page 24 on board to make a stock, and shewed him whe [...] there was good season'd timber within two hundred yards of the Ship: And promised, th [...] some of the Tenants should assist the Carpente [...] appendix page 25 and that a stock should be fitted for him in l [...] then an hours time; But the Master would n [...] accept of the offer: This kind of discourse he [...] them till near two o'th'clock, about which tim [...] appendix page 24 'twas high water; and Mr. Orpen walkt upon th [...] Quarter-deck, and sent down for the Master, wh [...] was making merry with some company in th [...] great Cabbin, and observed to him that the Sh [...] fleeted, and sheard to and again, and bid him s [...] his men to work and get her off, the wind bein [...] temperate, and kindly shifting to the N. W appendix page 25 whereupon he made a sputter up and down th [...] Decks, as tho' he would have got his men to wo [...] upon the Ship; but at length, he answerd that all h [...] [Page 13] Ships Company, to two, were ashore at Mr. Palmer's, along vvith the Passengers; so that he miss'd getting her off that Tyde for vvant of his men; vvhose minds leand more tovvards the Trea­sure, than tovvards the Ship and Cargo. appendix page 24

While Mr. Orpen was yet on board, he or­dered that a Countrey Fellow, who was brought before him for some Petty Larceny, should be forthwith ty'd Neck and Heels, and be exposed appendix page 25 upon the Open Deck, that others might take Ex­ample by him; but the Master neglecting to have it done, the Fellow slipt over the side into a Boat: But so zealous was Mr. Orpen to serve the Master, that he ordered the Fellow to be brought on board again, and had both his hands ty'd to the Gang-Way, and with a Ropes-End was beaten with many stripes, to the terror of appendix page 24 others of the Countrey that were present, and be­held this severe Infliction for so small a Trans­gression against the Master.

In the mean time, the greatest part of the Seamen went from Mr. Palmers to Roughty Bridge, a small Village about 2 miles from thence, and carry'd their Proportions of the appendix page 8 Treasure with them.

Mr. Orpen took leave of the Master in the Evening after Sun-set; and presently afterwards there came to the Ship several stout boats manned with English men and their servants, which were appendix page 24 sent by Mr. Palmer to bring the Ship out of that [Page 14] appendix page 24 place, and being amost glorious calm night, full Moon, the Ship fleeting, and the spring Tyde ye [...] increasing, nothing was more possible then to tow [...] her away as in a Mill-pond.

appendix page 29 The men went on couragiously on board, overjoyd to see how the Winds, the Tyde, the hea­venly Luminaryes, and every thing, conspir'd to­gether towards their good success, to relieve the Master in that his pretended misfortune; and heartily spoke to him and told him; Sir, we are appendix page 25 now come to bring off your Ship, which (with the help of God) we will accomplish without any appendix page 29 manner of difficulty; whereupon the master answer­ed appendix page 3 them in a wrathful sort of dialect, and in a rage appendix page 24 bid them all get out of his Ship; some of them appendix page 29 reply'd, That they came to do him good service, an [...] appendix page 24 deserved not to be so treated; and admired hi [...] appendix page 4 meaning, and told him, That they heard that the Torys did resort near the shores, to robb people a [...] they came and went by land to and from the Ship, and that themselves could not well row back a­gainst the violent Ebb of a spring, (being the [...] near high vvater) and 'twas not safe for them t [...] go ashore, least they should fall into the hands o [...] their enemies: but he told them again that h [...] cared not what became of them, and if they did no [...] hasten out of his Ship, he would fire upon them appendix page 19 and so retires furiously, as though he resolved t [...] appendix page 20 bring some small arms to fire at them through th [...] port-holes of the steerage; vvhich astonish' [...] them to see the Master so highly incense [...] [Page 15] against them for their kindness. But to avoid his malice, they got into their Boats again, and so went ashore.

That night about 12 a clock, Mr. Palmer's house was set on fire in several places by the To­ryes, who made several Shotts in thorow the doors; [...]he men then in the house, were Mr. Palmer, the Ships Mate, Mr. Spires, Mr. Myars, Mr. Row and George Fleming, from whom several [...]hotts were returned out of the doors and win­dows; but the fire increasing vehemently about [...]heir ears, they were forced to break open the doors, and submit themselves to the Toryes, who presently entred the house, and Mr. Myars shew'd [...]hem where the Chests lay that had the mony; which the Toryes immediatly took away out of [...]he house; wherein (besides the Treasure) were great store of fine embroider'd cloaths both for men and women, which (as suppos'd) did be­ [...]ong to the right Master of the Ship and his wife.

All thinking People of that part of the King­ [...]om, agree, That the putting the treasure of [...]he Ship into Mr. Palmner's house after this clan­ [...]estine manner, without acquainting him there­with (especially while their Ship lay in no dan­ [...]er) was for some sinister ends; and nothing [...]ore evident, then that the Master, Passengers [...]nd Seamen were resolved to slip away with the appendix page 13 Mony and Gold, and by some devilish instigati­ [...]n, appendix page 19 had concluded to destroy the Ship and Car­ [...]o, appendix page 8 whereby they might be allow'd some room [Page 16] to alleadge that all this Treasure was likewise plun­der'd & rappareed by the Rabble of the Country. But designes of that sort, have their end most commonly, not unlike their begining, for its be­lieved, that the master, passengers and Ships com­pany, had as little right to that treasure, as the Toryes that Robb'd them; Neither did it pro­sper much better with the Toryes, for soon after­wards, they grew into high variance about divi­ding the spoil, and their leader who had the great­est share, was shot through the body with three bullets, by such another as himself, whereof he dyed without giving any manner of account where he had hid his Talent; Thus the iniqui­tyes of the wicked have fallen upon the heads of the righteous: for Mr. Palmer, whose Life and Conversation have been an Ornament to his Pro­fession, and who has always had an unspotted Re­putation, is hereby, together with his Family, ut­terly ruined, his house and all his substance, burnt to the ground; himself, his wife and child­ren, forced to flee naked out of their bedds, without saving so much as their wearing Apparel [...] appendix page 17 But the projections of the Master rested not here, for next morning betimes, being the 30th o [...] appendix page 19 January, he had an account of what hapen'd at Mr. Palmer's; Then began his confusion in appendix page 29 mind; What, says he, all the mony lost, and the Ship still alive! If I save her now, and sail her for London, the Owners will be upon my back for the mony; For, how can I answer such an unpre­sidented [Page 17] thing, to put the mony ashore, when the [...]hip was in no manner of danger?

Had not the mony been lost, I had enricht my self, [...]nd could have made the better terms about it, [...]hether I had sunk the Ship or saved her, Had [...]ot the mony been lost, I could have sunk the [...]hip, and pretended that all was lost together, [...]nd havockt away by the Country: What shall do? The holes are already bored throw her [...]ottom, and much water already in her hold, she [...]es now in three foot water at lowest Ebb, and [...]nd how will it be with the Sugars when it flows 2 foot more this next Tyde? Come, I am re­ [...]olved; Sirrah go flip the Warp that she rides [...]y, and let her fill, and beat, and drive to the appendix page 20 [...]evill that possest me, when I first possest her; will veil this prank of the mony, by comitting worse upon the back of it; Let her split, and [...]rownd, and be damn'd.

The Master was heard to put forth several eja­ [...]ulations appendix page 19 of this kind, whilst he ranged about from appendix page 17 [...]he great Cabin to the Deck, and from Poop to appendix page 29 [...]row, snarling at every body that spoke to him. [...]ut no body knew yet what he meant by saying [...]at the holes are bored throw her bottom. While [...]e was thus railing at his fate, and cursing his [...]arrs, The People with the boats (whom he [Page 18] appendix page 4 had turnd out of his Ship last night for offering appendix page 24 to save her) came on board again, and profered appendix page 25 their service, which the Master still renounced appendix page 29 and refused; But at length, the winds arising appendix page 25 hard at Southwest, the Master about 12 a clock, appendix page 4 and young flood, called to them, and told them appendix page 25 that all the Goods would be lost that Tyde; and appendix page 19 bid them save what they could for themselves, appendix page 29 and told them that the Ship would soon split appendix page 25 in a thousand pieces; and when they had put appendix page 17 nine casks of Indigo, and some other things into appendix page 4 their boats, He bid them again to take all for appendix page 17 themselves, and desired them to take two appendix page 19 Casks of Indigo, and save them for him, to appendix page 10 bear his charges out of the country, and that he would never trouble them any more, and charged every one to hasten out of the Ship, for that she had five foot of water already in her hold: Where­upon they all left her to take her chance, to sink, appendix page 19 beat or drive; The Master having taken care to appendix page 25 slip the warp whereby she ridd, leaving her loose to take her fortune.

appendix page 4 With three boats & several of the English with them, He came ashore in the afternoon at a place appendix page 9 called Killowen, a small English village, bringing appendix page 19 with them the nine Barrells of Indigo and some appendix page 25 other things, besides the two barrels for the appendix page 30 Master to bear his charges out of the Country, which were all landed there, and put into a Cellar, and the people were contented to take some small part for Salvage. As soon as the Master came [Page 19] ashore, he met Mr. Orpen, and told him that all the appendix page 9 Cargo was lost by that time, and that he believed appendix page 9 the Ship was splitt in pieces; However, he desired him to go and save what he could, seeming very appendix page 15 confident that she could not hold out till next appendix page 9 Tyde; Mr. Orpen dispatcht several people to the Ship; amongst them was one Mr. Bryan Kelly appendix page 10 whom he called back and sent him to the Master for a note under his hand for Salvage, which Mr. appendix page 11 Kelly accordingly did, and got Richard Clark, Samuel Aldwell, Charles Carthy, Dermot Sulivan and Dermo: Sulivan Junior, to be named in the note (along with himself, knowing them to be Mr. Orpens friends) as soon as he had got the appendix page 9 note, being about night-fall he repaired to the appendix page 23 Ship, and found that the rest of the people em­ployed appendix page 15 by Mr. Orpen were got on board her, and appendix page 28 having loos'd the foretopsail; and placed a man appendix page 10 at the helme, they brought her with much pains and industry into a convenient Creek; and after she was brought to the Creek, Mr. Kelly went on board her, and told them, that Mr. Orpen appendix page 9 had sent him to desire them to be careful of every thing, and that himself came directly from the Master, who had put the whole concerns of the appendix page 10 Ship into Mr. Orpens management, and that he appendix page 11 would be with them out of hand with men and boats, who accordingly came next morning be­times appendix page 28 on the 31st with men and boats, and having fitted Teakles and Cannhooks, &c. fell to work appendix page 10 to discharge the Cargo, which was not without appendix page 10 [Page 20] appendix page 10 some difficulty, for the Rabble and Rapparees appendix page 28 crouded into her in great Numbers, insomuch that Mr. Orpen was forced to bring his people appendix page 10 to their arms, and thereby expelled the intruders and employed Mr. Aldwell, Capt. Carthy, Squire Sulivane and Mr. Kelly, to oversee the safe putting of the goods ashore into convenient houses, which appendix page 28 was done with the best Care that the then circum­stances appendix page 26 would allow, being at a time when the appendix page 17 whole Country about them abounded with great appendix page 23 Numbers of Rapparees and Tories, well befitting such designs as were then on foot (of the Master, passengers and Ships company) to destroy the Ship and Goods, and slip away with the Gold and Silver; several of the goods were put ashore that appendix page 28 day; and the night following, the Ship was close­ly attackt by rhe Rapparees, so that Mr. Orpen and his men had very hot work, being all that night at close firing; and it is credibly reported, that above twenty rapparees were wounded in that nights service. They appeared several nights appendix page 28 afterwasds before the Ship, yet never made any appendix page 26 further attempt upon her. But its very manifest appendix page 23 that had not Mr. Orpen undertaken to manage and defend the concern, that the Rabble & Rapparees appendix page 18 had wholy destroy'd the Ship & goods; Being in­deed appendix page 8 no more but what the Master, passengers, and appendix page 19 company hop'd for; For had the Ship and Cargo appendix page 17 been utterly ruined (especially before the mony appendix page 3 was lost) they had their ends, and might have kept the mony, and had wreck-room enough [Page 21] to say that the Sea or Land had swallowed it from them along with the Ship and goods; and the only cause of crime against any of that country, is because that any thing was saved. The next day being the 1st of February, (the third day after the Ship was stranded,) The Master came again appendix page 5 to the Ship, and the first thing he did, was to come appendix page 20 privately under her sterne to view her deaths appendix page 21 wounds, Vizt. the holes which he had made in the bread-room thorow her bottom, the morning he quitted her, where he found the water gushing out of her, as its said, the blood freshens at the murtherer when he is brought to lay his hand upon the Corps before the Inquest; But stepping appendix page 20 on board, Mr. Orpen shewd him that the water was in her hold within a foot and a halfe of the Beam; whereupon the Master ordered that a hole appendix page 5 should be made to let it out, which was according­ly appendix page 20 done, and desired the Master to stay on board and take an account of things, and to see the holes stopt, and likewise desired him to send for his appendix page 18 men; one seaman being worth five landmen for working in a ship. But he stayed no longer appendix page 5 aboard, then to order great part of the Sugars appendix page 18 (which had received some damage) to be given away to the Country people and to see it done, and having filled some baggs with the white Sugars, carry'd them with him to his quarters; appendix page 45 but returned not again untill five days after, nei­ther did he send any of his men, but hastned them away out of the country, without keeping one of appendix page 46 them to stay in the Ship.

Upon the 2d of Febr. Capt. George Gregory commander at Ross-Castle, and Mr. James Bland Minister of Killarny, came to the Ship, where they made about two hours stay, and returned again, with full assurance, that she was ensured, or that the Master, passengers and company had willfully destroyed the Ship and Cargo for the lucre of the Gold and Silver, and said that it was a just judgment upon them that they were robb'd by the Toryes: Next day, being the third, Mr. Bland writt the following Letter to Mr. Thomas Crump the Kings Officer, wherein are high enducements that Capt. Gregory ought to be attended with some presents or bribes: with menaces of perill in case of Failure.

It's very evident what unjust errands the Capt. and Mr. Bland went upon the day before, when they visited Mr. Orpen and Mr. Crump on board the Ship, which, though (as the Letter speaks,) bashful to ask for, yet they blush not to write for, next day; Mr. Orpen, returned this answer, That the Soldiers must be paid if they did any service; And as cases stood, he would not dispose of any thing; but hop'd that in a little time, a division would be made; And as soon as he had his share Set out, which was due to him for Salvage, he would pay his respects to them, with Presents of every sort; which unsatisfying answer not fuiting well with the covetousness of the Captain and the Parson, proved of ill consequence to Mr. Orpen and Mr. Crump; For the Capt. and Mr. Bland set up for the Master and Crew, Ma­ing them now Saints, whom but lately before they had condemned for Devills; they incensed Edward Herbert the high Sherrif, a man of no small Power, and Charles Monk Esq; Collector of the County of Kerry, against Mr. Orpen and Mr. Crump, as tho' they were the only persons that had destroyed the Ship and Cargo; And had forced the Master by head and shoulders out of the Ship; And having obtained from the Master and Passenger what Orpen, had refused to give [Page 24] upon the request of that most disingenious Letter, They still continued to raise and foment divers evil reports, especially against Mr. Orpen, as though he had been, not only the principal de­stroyer of the Ship, but that he had also contriv­ed the burning of Mr. Palmer's house: Haste is now the necessity; and Major Steers the Grand Informer of the County of Kerry, was posted away to Dublin, to fill that City with the noise. The Sh. joines with the Capt. and Mr. Bl. and represents Orpen as a person very obnoxious and culpable in the whole proceeding of the Ship. What cannot a man accomplish, tho' never so ill a member? Can he want Friends while he has any thing to give away? The Sh. the Cap. & Mr. Bl. have received Presents from the Master, Pas­sengers, &c. whom they immediately restored to their reputation again; and Mr. Orpen is as soon traduced to the World: vvho if he had been but earlier in Presents then the Master, had un­doubtedly bore the Bell; But neglecting to pay the Twenty Guinnyes which the Sh. desired to have, as a br. or gift, and for refusing comply­ance to an unlawful Request of a Minister, is now under those dangers which are preacht out a­gainst him and Crump, in the perclose of Mr. Bl's Letter.

The Capt. having carry'd away several con­siderable appendix page 41 goods of the Ship to Ross-Castle, leaves the Sh. in Glannerought to come up in his place, Giving him the command of his men; The stores [Page 25] being nevertheless frequently robb'd while the Sh. and the Master had care of them; No appendix page 35 marvel it should be so, while the Soldiers, the appendix page 18 Toryes, and an ill pack which attended the Ma­ster, appendix page 37 were continually about the place.

Now let any unbyast man consider the condi­tion of that part of the Country, and how ly­able the poor inhabitants thereof are to entertain Toryes in their houses, when Capt. Gregoryes Soldiers have made such neighbour-hood with them, which is not obsevable altogether in them only, for the Cap. himself who lives by the sword, appendix page 35 whose trade is to fight, and receives the Kings pay upon that account, is of resolution as far from engaging the Toryes as his Soldiers are from be­ing at War with them. And you shall find that the Cap. hath no manner of inclination to sup­press appendix page 36 the Toryes, and that his men have been kind to him, for allowing them to quarter where the Toryes have reforted: not to kill or take them, appendix page 26 but to have leave to Range upon free quarters, whereby the remedy is become allmost as bad as the disease; upwards of thirty familyes having Fled, bag and bagage, from the cruelty of these Soldiers, who could not expect that kind of li­berty, appendix page 35 if there were no Toryes; and the Cap's own behaviour in this Affair, describes him no otherwise than a Moderate Fighter, or Worse; of which the former indeed is more dispensable: For, if a man be not inspired with Courage, how can it be expected where it is not? And if God [Page 26] and Nature design'd it for him, he must blame the ineptitude of his own Organs, or the Imbeci­lity of the Womb that did not sufficiently purifie them, so as to make them capable to entertain a Spirit suitable to his Profession; Oportet ut mens sana, sit in corpore sano; It is a thousand pities that a Man of his Nerves should want a Mind: For the other there can be no manner of Pardon in any Person whatsoever, that is false to his God, and Traytor to his King; and for a small Pattern of his Heroick Atchievements, look into the Ap­pendix, pag. 35, 37, 40, 26. And are not the rest of the Noble Acts of Cap. Greg. and his Men, (and how they have ruined above a hundred Fa­milies) writ in a particular Book of his Life, while he ruled in that Countrey?

But behold, while they are thus in Neighbour­hood with the worst and most bloody of the To­ries, Lo! they are at the same time at work before appendix page 39 the Lords Justices and Council against Mr. Orpen Cashier'd Servants were tamper'd with, Indigent Persons tempted, and Scavengers on every side, were employ'd to rake up Dirt against him; a [...] length they produc'd a Letter of his, (which has lain asleep since October last) to the Commander appendix page 39 of Ross-Castle, to set at liberty one Cnohor Boy, if he were not guilty of some Crime, being no [...] Tory at that time, but had been the Detector of appendix page 38 Fourscore and odd notorious Robbers, by whose appendix page 34 means rhey were brought to condign punishment, appendix page 33 and in all probability had effected the like upon [Page 27] all the rest of the Tories throughout the Province of Munster, if he had not been ill rewarded for his good Services, and so forced to escape; whose Liberty would not be granted to Mr. Or­pen for the Publick Good: And it being then dis­covered appendix page 37 to the Tories, that he had been, and was to be their Discoverer, and being also eagerly appendix page 38 pursued without intermission by the Soldiers on [...]he one side, and the proclaimed Tories on the [...]he other, he was forced for Self-preservation, to [...]et up a Company of Tories for himself, there appendix page 38 being no Peace to be had for him, either from the Soldiers, or the unrighteous Mammon; and so [...]fterwards became the most notorious Robber in appendix page 38 [...]he Kingdom.

Thus, we our selves have forced them to be Toryes, that were the very Instruments to detect [...]hem. Thus with a seeming Zeale to the cause, [...]hey run to the Government (the Fountain of [...]ustice) with their clandestine complaints against Mr. Orpen about Cn [...]her Boy; whereas indeed it [...]s with no other design then to sculk behind the Laws, for that complaints of this kind, are cog­ [...]isable before any Justice of the peace in the pro­ [...]er County, against a person that is not of the [...]rmy: nor in the Comision of the peace. See how [...]hey have dealt with the Government in this [...]atter; after all their noise about Cnoher Boy, [...] shew them at length a Reed shaken with the [...]ind, for the intent of that great clamor could [...]im no further, then highly to involve Mr. Or­pen [Page 28] into Censures and Expences, and so have him condemn'd before he was heard, thereby to wound him sorely in his Reputation and Purse, the better to carry on their other designs against him, about the Ship; for why did not they after all the stir which they made in Dublin about the Toryes, bring somewhat of that kind against him before the Grand-Jury at the last General Commission of Oyer and Terminer held in Kerry on the 26th of March 1694, when he dared them to it in open Court, and when the Ld. C. J. Pine told Major Steers their late confident in Dub­lin, that 'twas now a very firt time to do it.

But to return again to the Ship, without ma­king five days, digression, as the Master did, for he appendix page 45 came not nigh her again until the 7th of Febru­ary, that Mr. Monk perswaded him to go on board, and then he made but about an hours stay, and went not to her again until the 12th where appendix page 46 he stay'd about another hour (Leaving one Mr. Richard Clarke to look after things on board) who until that day never went to concern appendix page 10 himself with the Ship, or any thing belonging to her: But the work being over for several days before, and all the Salvable part of the Goods (except some damnified Ginger, and the Fustick, which lay in the Balast) being already brought away by Mr. Orpen; Mr. Clark Rumidg'd for an hour or two up and down her hold, and be­twixt Decks; and then left her, and the Master went not nigh her any more until the 15th. Now [Page 29] had the Master any manner of inclination for the preserving of the Ship and Goods, he would not have lain away from her, while her Decks could be kept dry; Nay, tho' he were forced to lye in his cloaths all the time. All this while the Master, Passengers and Seamen never mention'd appendix page 11 any thing of the holes that were bored in the Ship, but kept it private until about the 10th of February, that the Country began to ring of it. For it seemes the Mate or Carpenter as they tra­vel'd, had made discovery thereof to some per­sons that brought the account of it back to Kill­mare. Then and never before, the Master own­ed, that there were holes bored in the Breadroom thorow her bottom, and that he did it pur­posely to lodge her in the strand, that by the weight of water in her hold, she might Sit the faster from beating; But sure he will not im­pute appendix page 22 it to his own Ignorance that he knew not that she was but 10 foot in the Hold and that she lay in 15 foot water in that place.

During these Transactions, the Master, Mr. Myars, Mr. Row and Mr. Orpen, were very good Friends, save that one Firebrand was cast in among them by Capt. Gregory, by Stirring up both sides to speak hard of each other, and carry'd the same from one to t'other; which lost nothing in the carriage; so that he rais'd some heats which lasted not above a day or two; and it appears, that hitherto Cap. Gregory's incen­diaryes, took no great root among them, for that [Page 30] the Master and these Passengers went frequently to eat and drink at Mr. Orpen's house; and upon the 11th of February after dinner, all three call'd him aside, and told him, how well satisfied they were with his behaviour in that affair of the Ship and Goods, and desired him to take the trouble appendix page 45 of the future mannagment thereof, promising appendix page 5 that he should have his Salvage, and that they resolved to go together for England; but would first make a conveyance of all to him, and he to deliver up the same to them or their Orders upon appendix page 45 demand, after allowing him his Salvage; where­upon they call'd Mr. Monk, and having made him acquainted with what they had motion'd to Mr. Orpen, they pray'd the favour of him to draw writings between them to that effect: and in the evening, they took leave of Mr. Orpen, and every one went to his uarters, and Mr. Monk spent a considerable part of the night in drawing the Instruments.

But the Sh. who lay all the while in ambush for a grasp at the Goods, lodg'd in the same House with Mr. Monk, and by some means pry'd into the Writings, and next morning he came along with Mr. Monk, accompany'd with Cap. Gregory, to Killowen, where they found the Master, the two Passengers, and Mr. Orpen, very friendly together. Now or never was the time for the Sh. to set them at variance, which indeed he accom­plish'd with a witness: For he plainly saw that he was at that instant like to be put by from ever [Page 31] having any concern with these Goods: And there upon, in vehemency and wrath he insinuated to the Master and Passengers, That himself vvas high Sh. of the County, a Justice of peace of the County, Lieut. of the County, vvho could com­mand the Army, as vvell as the Militia of the County; and vvhat was it that he could not do in the County? And withall told them soberly, that they were under some censures for casting away their Ship, and destroying the Cargo; and that he, and only he, could set them right with their Owners in England, and with the Govern­ment in Ireland; And then turn'd to some old Law-Book, directing (as he pretended) that all Wrecks ought to be deposited with the Sheriff. The valiant Cap. Gregory, (who had made them understand by the daily Out-rages of himself and appendix page 40 his Men, that he govern'd indeed with no less Arbitrariness than the high Sh. and as Despotical appendix page 41 as he for his Life) entertain'd them with his Mili­tary Rhetorick, hovv absolute he vvas in all mat­ters of Government and Command: Yet that himself and the high Sh. vvere but as one Man, vvho being a person vvell practic'd in Controver­sies, could either raise or depress them as he plea­sed; and advised them to quit all others, and stick to the Sh. One Horse Nabs another; and People of a sort soon agree: The high Sh. the Cap. the Master, Jacob Myars, and Peter Row, sprung presently as a sworn Covey, and Mr. Orpen was no more to be consulted with, but look'd upon as [Page 32] a Person qualified to ruine their Councils and De­signs.

From hence forth Cap. Gregory, the high Sh. and Mr Bl. (being well sweetned with some of the best Sugars) became Patrons to the Master, and these Passengers, & by the frequent incursions of the first, That part of the Country about Kill­mare, was harass'd as though it had been the Ene­myes Quarters; for he had always a ravenous pack at his heels, who prey'd upon the Country day and night, without paying for the Provisi­ons which they exacted from the poor People in their continual marches, under the notion of search­ing for the Ships Goods, Tumbling and tossing all their little housholdry, and janting it in that manner, from house to house, they beat and wounded the Men, Ravish'd Women and Maids, and set Houses afire; But when they had Forced the People to give them all their mony, they put out the fire again. These doings past under the notion of serving the Owners, who have also paid dearly for their Services, and had they thought fit to have consulted Mr. Orpen, he had made appear the many havocks which were commited by the Master, Passengers, the high Sh. Cap. Gregory and Mr Bl. and they should find at what rate the Master and Passen­gers have bought the patronages of those three Gentlemen; which began more openly upon the 12 of February; and on the 13th the Sh. fram'd an advantageous Narrative by his Letter [Page 33] to the Government, in the behalf of his Sweet Clyents, and becomes Merchant for great part of the Goods, and waited at Killmare for an or­der (in answer to his Letter) to Seiz both Ship and Goods into his own possession; and so by his power of Shrievalty, Replevins, &c. to wrest from Mr. Orpen and the rest of the English of those parts, what was due to them for Salvage; and by his merit of that kind, to win the Owners favour, into some great Presents for his good ser­vices, whom the Master and Passengers in the mean time visited by their Letters, Setting forth the worthyness of the Sh. as the only persen fit to be trusted in the whole concerns of the Ship and Goods; and how highly he had appeared against Mr. Orpen and the rest of their Ene­mies.

But Mr. Orpen and the English Petitioned to the Government against the proceedings of the Sh. who waited big with expectation of a power to seize, &c. But no such thing appearing, nor finding the success he wisht for, and that his Letter was not so taking as expected, Mr. Myars hastens away to Dublin, well trained to every particular requisite to back the Letter of the 13th, who ar­rived there about the 5th of March, and on the 6th made his examination ready, and on the 7th was examined before the Hon ^ble Sr. Henry Ec­clin, one of the Barrons of the Exchequer, which Examination scream'd so loudly against the beha­vior of Mr. Orpen and the English, that the Go­vernment [Page 34] conceiving it necessary to take cogni­zance thereof, sent to the Right Honourable Sir Rich. Pyne, Lord Chief Justice of their Majesties Court of Common Pleas (then upon the Munster Circuit) to inquire into the whole matter, and to report the same, and Colonel Denny and Col. Hasset, two of the Deputy-Governours, and Justices of the peace for the County of Kerry, were required to have Mr. Orpen and Mr. Crump ap­prehended, and thereupon they issued their War­rant to the H. Sh. to that purpose, who was overjoy­ed to see the growth of his labour and wit arrive to that perfection, and put the Warrant in exe­cution after a strange manner; Not by himself, or any of his under-Officers, but employ'd Serjeant Fullerton (brother in law to Capt. Gregory) who with ten Musquetteers came to Mr. Orpens house, and took him prisoner, without letting him know upon what account, other then that their Capt. had commanded them to do it; He askt them, was it by warrant or by order? The Serjeant told him that he had a warrant; But would not be prevailed upon to shew it, or to give the least hint of the purport thereof. But at length he said that it was for Harbouring of Toryes, and gave out to the neighbourhood (inter alia) that 'twas for supplying the Torys with ten quarts of Powder.

Notwithstanding that Mr. Orpen seemed un­concerned at these proceedings; Yet the new English Collony which he brought into that [Page 35] Country, began to repine at their misfortune, and wisht that they had never come out of England; And finding him thus troubled on account of appendix page 33 Toryes, whom they knew to be one of the greatest suppressors of Malefactors throwout the appendix page 34 Province, and well assured in their consciences, that appendix page 39 he was no way guilty of such a crime, they con­cluded that the Sh. Ca. Gregory, and Mr. Bl. would soon have them all accused, and prosecu­ted upon the like account, and thereupon resolved to be gone bag and baggage as fast as they could out of their reach. The Serjeant and party took away Mr. Orp. out of his house in great hurry, not affording him time to put on his cloaths, to the great glory of the high Sh. to see his prisoner carry'd thro' the Towns with ten Musquetteers; a very unpracticable way of executing the warrant of the Civil Magistrates.

But Mr. Orpen is now Prisoner at Tralee, and by the 23th of March was Examined, and Bail'd to appear the 26th, being the day that my Lord Chief Justice had appointed for the Tryal; which was bu [...] very short time to provide him­self and his wittnesses, being at that time of the year accounted four days Journey from thence home to Glannerought, and back to Tralee again; However, he was there on the 26th, with several Witnesses. But his Enemies having informed [...]hemselves who they were, made interest to have [...]hem all accused for Felony; and thereupon pro­cured appendix page 32 a Warrant from the L. C. J. and had them [Page 36] apprehended for this pretended Felony, to put them off with Fear and Expence, from giving their Testimonies.

Upon the 27th in the morning, a Bill of In­dictment against Orpen and Crump, was found by the Grand Jury, for taking two Hogsheads of Sugar, and eight Hogsheads of Lime-Juyce, of the proper Goods of Peter Row, out of the Ship Laurel; In the afternoon they were call'd: but for want of Witnesses to prove the Accusative Al­legations, 'twas put off till next morning; and the Tryal could not yet be brought on, for want-of such Witnesses: Whereupon Mr. Orpen told the Court, That he confess'd to have saved such Goods, and that he would prove the Master's Or­ders for it; and prayed to have the Tryal go on; not thinking what kind of Preparations were made against him. The Couragious Major Steers, who was principal Engine to inform against him in Dublin, and a chief Cock-Feather in the Jews Cap, was call'd to be Foreman of the Jury; Theo­philus Morris, who was not of the County, but Agent for the Owners and Merchants, was the next call'd, both which were excepted against by appendix page 43 Mr. Orpen; and some were call'd and answer'd, appendix page 35 but for private Reasons were struck out by the Sh. without any Exception of either side. But a Jury being Empanell'd and Sworn; The Ma­ster, Samuel Aldwel and Bryan Kelly, were sworn on behalf of the Prosecutors. The Master made (in terms) a long Harrangue of his Course, and [Page 37] Departure, in his vvhole Sailing, until his Arrival in Kilmare, and how he vvas forced in by distress appendix page 31 of Weather, how his Ship had lost all her Sails, hovv he lost his Sheet-Anchor-Stock, how he forsook her on the 28th of January in the morn­ing, appendix page 25 after cutting his Cable; hovv he vvent on board her again, and bor'd holes in her to set her fast from beating, and how he carry'd eleven barrels of Indigo ashore when he forsook her out right on the 30th of January. But deny'd that ever he desired Mr. Orpen to save any thing belonging to her, and that he went into her with­out his consent, and turned out those whom the Master had employ'd, Vizt. O Sulivan More, Capt. Carthy, Mr. Aldwell and Mr. Clarke.

Mr. Aldwell swore, That himself went not on board, till after she was brought safe to the Creek, And that Mr. Orpen did not turn appendix page 26 him out, but employ'd him to help to save the goods; That he never pretended any power appendix page 32 from the Master; That Mr. Orpen shewd them a Broad Seal, but 'twas to encourage the men to their Arms against the Rapparees. And that had not Mr. Orpen taken the matter upon him, the Ship and Cargo had been destroy'd, as appears by his Affidavit.

Bryen Kelly Swore that he was present when the Master desired Mr Orpen to go on board and save what he could, who thereupon employ'd him and others; But sent him to the Master for appendix page 7 a note under his hand, which the Master gave; appendix page 8 [Page 38] That none of the persons which the Master pre­tended to have been employ'd by himself, came appendix page 9 unto her until others employ'd by Mr. Orpen had brought her safe to the Creek; as appears by his Affidavit.

There were Sworne on the behalf of the Tra­versers, Joseph Taylor, Charles Mansfield, and Tymothy Murphey; Joseph Taylor Swore, that the Master shew'd a full resolution against saving the Ship: That he exprest several frivolous pre­tences appendix page 24 against lightening her; That he refused to appendix page 25 accept of a stock for his Sheet Anchor, That she fleeted, but no care was taken by the Master to save her, pro ut his affidavit.

Charles Mansfield Swore, That the Master had no mind to save the Ship; And that he was with him the day he left her, being the 30th of January, when he desired Mr. Orpen to go and save what he could, and that Mr. Orpen did Ac­cordingly employ several persons, who saved her, appendix page 3 and what they could of the Goods; that the appendix page 4 Master came not near her again until the 3d day, and then he ordered another hole to be made in the Ship, but would not be perswaded by Mr. Orpen to stay and bring his men to help to save the Goods, but promised him Salvage. Vide his Affi­davit.

Timothy Murphy swore, That he was present on the 30th of January, when the Master desi­red appendix page 43 Mr. Orpen to go and save what he could; appendix page 35 that himself was one of the Persons employ'd by [Page 39] Mr. Orpen to go on board, who went accord­ingly, and loosed the fore-top-sail, and placed a Man at the Helm, and so brought her safe to the Creek; that the Persons which the Master pre­tends were employ'd by himself, went not on board until the next morning; and had not Mr. Orpen defended her from the Rabble, they had torn her to pieces; That the Seamen broke open the Hatches, and made havock of the Indigo, and of the best of the Goods.

There were 14 Witnesses more on the Tra­versers behalves; but Bryen Kelly being snubb'd in Court by the high Sh. for giving any Evi­dence in favour of the Traversers, and the rest of Mr. Orpen's Witnesses being frighted by the Warrant for the pretended Felony, they held their Tongues, for fear that Mr. Bl. whom they suspected had contrived to have them thus falsly accused, should with no less just prosecution pre­vail to have them Arraigned and Tryed for their Lives; fore-thinking that whoever had gone so far into such a Ford, would leave nothing unat­tempted to wade quite thorow, to the utter Ru­ine, if not of their Persons, at least of their Purses.

By thus much you may plainly perceive, how far the Presents made by the Master had prevail­ed: And though the Lord chief Justice gave him such a scope of delivering himself, as might satis­fie the World that all Gates were open for Stran­gers to come before his Lordship for Justice; yet [Page 40] the whole Court took notice how he fetter'd him­self in his own Discourse: For being ask'd by his Lordship why he refused the Assistance of a great appendix page 30 many English and their boats, and would not suffer them to bring off his Ship? He answered, That 'twas a most dismal stormy night, and so dark, that a man could not see his hand. Whereupon Mr Orpen cry'd out for an Almanack, and proved it to be full Moon, and the Witnesses proved it a appendix page 30 most Glorious calm Night, and that the Ship fleeted every Tyde; and against his alledging that she had five foot water in her when she struck first, 'Twas prov'd, that she was tyght, and that the Water stunk, being the infallible Sign that there was no manner of leak; whereto he reply'd, appendix page 30 (for want of other excuse) That the Sugar made it stink; The like reason was never heard before, for Sugar in divers things is as great a Preserva­tive as Salt; and where it is so much less than any liquid Body, as that it cannot reach to a Sy­rup or Conserve, (if it does at least to a relish) it never fails to set it upon the ferment, even al­tho' it were the very worst of Sugars: These and such-like Absurdities were past by in Court, with­out any manner of Correction or Carp, he being a Stranger.

But the Jury soon returned to the Court with two Verdicts to this Indictment; First, That Crump was not Guilty of any thing, but Orpen was Guilty of the whole Cargo, except the Lyme Juice, though indicted only at the Suit of Peter [Page 41] Row for two Hogsheads of Sugar and eight of Lyme Juice; Secondly, That he was Guilty of two Hogshe [...]ds of Sugar, and no more; Though it doth not appear by the Examination of Peter Row, or any other Examination taken hitherto, that Peter Row ever had any Sugar in that Ship; but Mr. Orpen told the Court that he hop't that one Verdict was Sufficient to one Indictment; whereto the Sh. answered, Another time, Mr. Or­pen, another time. But the Witnesses for Mr. Or­pen, appendix page 32 who were brought in for the pre [...]en [...] Felony, appendix page 34 were not indicted nor question'd. Though there appendix page 35 wanted not mallice enough to do it; yet Mr. Or­pen appendix page 32 (by reason that his wittnesses were Snubb'd and Frighted) had no manner of liberty for a fair Tryal, by which means the Court Remain­ed misinform'd of the whole affair. And observe how eagerly they follow these irregular proceed­ings. The Master, Captain Gregory, Major Steers, &c. met together soon afterwards in Dublin, and upon their consult, a Writ mark'd ten thousand pounds, was taken out of the Kings Bench against Mr. Orpen, at the Masters Suit; so that he that was lately but principal Evidence, is now made Plaintiff.

Consider how naturally the Master Swore at the Tryal to carry on a cause wherein he design'd that himself should be Plaintiff afterwards; Mark that, with the Rest. But least Bail should be given in to the Action, they prepared another Ex­pedient, (being the last Shift common to turbu­lent [Page 42] Spirits) That is, to Accuse a man falsly into some plot or conspiracy against the Government, which they intended should admit of no Bail. Thereby to plague him further with Imprison­ment and Expence, until he could obtain a Try­al. And the better to accomplish this barbar­ous design, they passed by the late Commission o [...] Oyer and Terminer, and framed a new and a mos [...] unnatural Accusation against him, viz. That h [...] had Traiterously contrived the Burning of (his Fa­ther-in-law's) Mr. Palmer 's House; and in orde [...] thereunto they procured a Warrant of Treason, from one of the Judges of the said Kings Bench, against him.

And in fine, the Sh. made him Prisone [...] upon the writ and the warrant, and for the further suppression of Justice, and to carry on their design [...] against him with the more facility, they have provided fresh warrants of Felony to hamper an [...] at will to aw all those who they think may serve as witnesses for him, and have promised great rewards to such as will swear on their side.

While he is in custody, their Agent is very buisie about taking away all the goods that were saved, and the Sh. stands by to grant Replevins, if in case that any of the goods should be stopt for Salvage. But to make sure work, and to pre­vent Orpen's bringing Actions against the same, he is hurryd away by the Sh. and their Agent hurrys the goods away as fast, without giving Mr. Orpen any manner of satisfaction for saving [Page 43] the Ship and goods; Notwithstanding that its plainly proved, that all had been lost had not he and his men taken upon them to save and defend the same as appears under the hands and appendix page 10 [...]aths of those very people whom the Master appendix page 15 pretends were employed by himself, and turned appendix page 16 [...]ut by Mr. Orpen, and by the oaths not only of appendix page 17 [...]he most indifferent or mean people, but like­vvise appendix page 22 of the most credible Gentlemen of that appendix page 26 Country, against whom we may hear perad­venture that Warrants of Felony will be issu'd, [...]nd others Tamper'd with, as soon as it's un­ [...]erstood that they can evidence for Mr. Orpen.

And that this is no more than what has been [...]lready Attempted, will appear by the following Affidavit.

This Affidavit is a Sample of the contrivances now on foot concerning a wedge of Gold, which Mr. Myars pretends he threw aside under the bed when the Toryes entred the house; and by the Philosophers Stone revers'd was turned into Brass. But whether he threw it there or not, there was a lump of Metal taken up among the rubbish, and being delivered to M. Myars, he did at several times in the hearing of several Gentlemen, own and declare that it was the same lump or wedge which he had throwne by, and described it by the colour, shape, and size, and by several private marks, and particularly by two specks or bubbles upon the upper surface thereof; Now whether he left any such lump there as he pretends; or [Page 46] whether he would not, if he thought 'twere Gold, have laid his Challenge to any lump, were it the right one or no; or whether, if it were the right one, he had not a mind to deceive the right owner of it, and so caused a counterfeit to be made after­wards; or whether he was cheated in Jamaica, is yet a question; But it admitts of this discourse, that it's very manifest that the piece or lump which was delivered by Mr. Mabury to Mr. Myars, carryed the several marks and specks upon the upper-side or upper surface, as the true piece had, which is indeed an infallible assurance (if Mr. Myars description were true) that it is the right piece, be it Gold, Brass, or any other Metal whatever; For though its in the power of any ordinary capacity that can run Metals, to imitate in some sort in the bottom sides or ends of the Counterfeit the marks of the true Piece, yet the specks, or bubbles, or any other mark upon the upper surface, are accidentals in casting, (and in a coat as different from the rest, as the upper coun­tenance of a Pann-pudding differeth from every part of the Geometricall superficies of the sides and bottom) and not to be imitated by the best of Artists; and for further satisfaction in this point, Enquire at all the Laboratories and Foun­deries within Humane management, and they will tell you that its as impossible to raise (ad libitum) a single bubble or two (or more properly hony-comb) of exact shape and place upon the upper surface (that side only in such flat castings [Page 47] being lyable to this kind of windy sputter) as it is in the power of a Physician to lay a well man to bedd and bring a small pox through his Skin in exact numbers where and when he pleases; and what man will take two pails of water of equal Cylinder and Depth, and having set out upon the margins the 32 points with their Aliquots, and by the plounce of a Pebble-stone having raised a bubble accidentally in one of the pails, shall afterwards undertake that in the dropping a thousand pebbles more into the other pail, to raise a single bubble of exact shape point and distance from the Center, with the former? And if he ever accomplisheth it, he may afterwards say that its a thousand times more impossible to raise (ad libitum) in any Counterfeit a hony comb of exact depth, shape, and place, with the copy. Notwithstanding that Ca. Greg. and Mr. Bl. were unsuccessfull in their adventure if they designed to lay out their twenty pounds a piece with Edward Dunigan for this intended subor­nation, which in some parts of the Kingdom, and among some sort of folks, migh [...] perhaps have pur­chased a Post-knight for every pound, especially when a poor man is threatned to be hang'd if he refuses to swear what is desired; yet they were cautious of laying out their money with every man, being as supposed only in trust for the Master and Passengers, who perhaps would not allow of the charge, unless they saw the value thereof in good Thundering Oaths, such as [Page 48] would lay to the ground all whom they had de­signed for the slaughter, to save their own Cre­dits; so that not above two or three of the Coun­try are yet got to Swear, upon this particular; one being a Black-Smith, and a very boon Com­panion at the Pot and Noggin, and has often join­ed with the Minister Fervently in that sort, and sometimes it has been observed that a few Pots of Ale shall prevail more with a drunken Fellow, than Tvventy Pounds vvith another. This Fellovv has svvorn, as it's said, That Mr. Mabu­ry ask'd him, Could he cast a Piece of Brass of some certain size or shape, which would serve his turn? Or to that effect. But this Affidavit being a very slight one, its supposed to be no more than the price of some small Reckoning at the Alehouse. But if he swears thus far it self for nothing, or in Forma Pauperis, what will his Affidavit be, when the Minister shall receive Orders from his Owners to lay out the Tvventy Pounds? Do they play upon the Easiness of his soft Temper? Or vvill they use him as the Blind do a Staff, vvhich they thrust out before them to grope out their vvay among the Sloughs, to save their Feet from the Mire, and their Heads from knocking against the Walls?

And though that the many Allegations and Assertions herein mentioned, can be proved by divers good Gentlemen, Yet to avoid too great a volumn at present, take only this Small Ap­pendix as a relish of what the whole Country ar [...] [Page 49] Eye wittnesses of, and can manifest to be true, whilest his Enemyes are in the mean time, con­triving by their dark devices, to take away Mr. Orpen's life; for no less then that, can be lookt upon as Satisfaction, for such soul Crimes where­of he stands now accused; But their Mountain-belly'd conceptions ended only in an abortive Mouse, for having brought him Seven-Score miles in custody upon this Warrant of Treason into the Court of Kings Bench, Mr. Myars was there present, and made no less violent pro­secution against him, then Mr. Bl. had done for­merly against the 14 Wittnesses upon the pre­tended Felony, who after they were apprehend­ed and brought in, had not a word to say against them: But Mr. Myars took an occasion to slip away immediately out of Court, and so out of the Kingdom; Leaving the Judges of the Land to consider the horridness of his Judaical Informa­tions; Tu fixo aculeo fugis: and so the Treason came to nothing, save that Mr. Myars Savour'd [of a False Informer] in the nostrills of common Justice. ' Twas the Boy's ambition to rule the Equi­feros; and the Jew would be the man should punish the great Malefactor; the Butcher that should bring the mad Bull to the Ring, the Cop­ped-Crown-Goose to pen up the Fox; But should the due merit of the matter come to his Ears, then his Caravan of pretty Girles would rock this Son of Clymene in his Phaetontical Chariot, and so tumble him down with a vengeance, in the name [Page 50] of him that sent him, In quo quis pe [...]cat in eodem punietur: O the powerful ingenuity of a Jew, when the same is mixt with the Tipto-wit of a Jesuitish Master, Envigoratly boyl'd up to a Scum by a Sh. a Capt. and a Minister. But every one to his Trade; and had Major Steers revised this Juramentum of the Jew with as much Judg­ment in the Oeconomy of a Navy, as he has in extending of a Tenterhookt Examination, he had questionless, by the Shooing—horn of his pra­ctice, fitted it on to the design with an exquisite adaptness: But as it is now, 'tis so extravagant­ly too wide for the pretty designing Foot of the little Ulyssis, that a Gigantick Polyphemus may jump into it with both Feet at once; and it's past Work for a Cobler now.

Lest his great Provocations might carry Mr. Orpen into insufficient Arguments, as to his own Vindication. or into less becoming words as to the Authors of his Sufferings, he shew'd his Pape [...] to several of his Friends; one whereof sent him the following Letter.

DUring the whole Transaction hitherto, an Examination of Jacob Myars, the Jew, taken before the Honourable Sr. Henry Ecclin, one of the Barrons of Their Majesties Court of Exchequer in Ireland, upon the 7th of March 1693, was kept private from Mr. Orpen until about the last of May following, that the Copy thereof came to his hands from his friend in Lon­don. The reason of this great privacy, was, be­cause the same contained the main grounds of incensing the Government; and Mr. Orpen was not to know the Contents thereof, least he should too early Answer it, and so ruine a Design yet in Embryo, before it had received its birth into the world. Here you have that most abomina­ble Examination in its distinct Paragraphs, with the several Remarks inherent thereto, respect­tively, Viz.

I. This Examinate saith, That on the 28 of January last past, the Ship Laurel of London, burthen 150 Tunns, Captain Christopher Lyell Commander, from Jamaica, bound for London, was drove into the River of Killmare in the County of Kerry, by distress of weather, and very heafy, that the Ships Crew could hardly perceive any land, onely the tops of the Mountains.

Answ. They were four Leagues to the west of the Bull, Cow and Calfe, and took them for the Skellox, the wind at W. Was it distress or design that forced them into Killmare? she came into the River on the 27th, and Anchored at Ross­more, about midway up the River; But the Ex­aminate [Page 56] says nothing of cutting the Cable, and driving from thence, and it was on the 28th a­bout 7 in the Morning that she drove to Capana­cossy, appendix page 11 near the uper end of the River; If by chance the Examinant has mislaid his Journall, its not so high a mistake, as when they saw nothing but the tops of the Mountains; whereas its the tops and upper parts of the Mountains that are al­ways mostly covered in heasy weather, in that part of the Kingdom. Vide all the Historyes of Ireland.

II. And in the distress of weather, the Ship lost all her sailes, so that she could not be steer'd any longer, and the Commander of the said Ship, Crew and Passengers, hoist out the long boat and row'd ashore to save their lives; and on 7 a clock the same morning, they all came ashore, and travell'd on the land about two miles from the place where the Ship lay; and afterwards, found the said Ship drove in among the Rocks.

Answ. Diametrically Opposite, she had all her appendix page 18 Sayles, and very good Sayles too; Vide Affada­vits appendix page 13 of Charles Mansfield, John Kelly, &c. There appendix page 24 was no danger of their Lives or Ship, being got appendix page 3 into quiet water, and had they hoodwinkt her, she appendix page 6 had undoubtedly followed after the Long-boat appendix page 11 into Black Water, (right afore the wind) a ve­ry appendix page 3 good Harbour, which being not for their appendix page 12 purpose, they made her look another way; and appendix page 6 contrary to their hopes, she hapened to come a­shore appendix page 12 at Capanacossy upon easy ground, at low wa­ter, where she toucht no Rocks; but drove to and appendix page 6 fro all day, with Flood and Ebb, before their [Page 57] faces, while they made merry, and beheld her appendix page 12 close by them. What means the Examinant by Where she lay, for she lay no where until she drove to Cappanacossy, two miles from the place appendix page 21 where they all forsook her, where there was wa­ter for a Ship of three times her burthen. What made them forsake her in such a place? when appendix page 6 she struck not in two miles from it; And being at appendix page 1 low water, she drove on farther, along the strand appendix page 21 for want of dropping an Anchor; Not one word of the Treasure which they brought and carryed appendix page 13 by land to Cappanacossy, and divided among appendix page 7 themselves.

III. That about two of Clock in the afternoon the said Captain, Passengers, and all the Crew, returned on board; and the said Captain being informed that one Thomas Palmer, Clerk, and Justice of peace in that County, was near him, he wrote to him, to desire his assistance and advice to save him from the Irish Rabble; on which the said Palmer immediatly came down & sent on Board a Corporal and five Soldiers, to guard them, which was all the assistance he said he could assist them with, and advised them to stay on Board, which they accordingly did, the storm yet continuing.

Answ. They returned not on board until the appendix page 13 Capt. had first writ, nor alter Mr. Palmer came, appendix page 19 untill he (understanding that they had their appendix page 7 Treasure ashore with them) told them, that they were in danger of the Toryes; Then indeed, appendix page 21 they hastned into the Ship again, which was a­bout Sunset; but dropt no Anchor to stop her, appendix page 8 as she drove down again with the Ebb; the Master in his Letter seemed to be in great distress, appendix page 31 [Page 58] and that he had not a Sail left; would any Ma­ster, if his Ship was not in a willful distress, stand appendix page 13 ashore, and behold her all day driving to and fro, appendix page 18 and pretend he had not a Saile left, when she appendix page 25 had all her Sails? Mr. Palmer did promise more asistance then the Corporal and five Soldiers, and appendix page 29 accordingly sent Men and Boats that evening appendix page 19 (being fine and calm, and not stormy, as the Examinant says) But the Master would not Suf­f [...]r the Ship to be brought off; Mr. Palmer told appendix page 12 them their Ship was the best Garison in the Coun­try, and advised them to stick to their Ship, but appendix page 8 they all forsook her again next morning; Except the Master, Gunner, and Carpenter.

IV. The next morning (being the 29th of January) they all thought it most convenient, for the saving of their lives and mony, the Ship lying so very dangerously between the Rocks, that some of them should go ashore and carry the mony with them to the said Mr Palmer's house; and that accordingly this Deponent, and the rest of the Passengers, and a few of the Ships Crew, brought the mony ashore, about 12 a clock, to the said Mr. Palmer's house at Needen, and on the account of the Captain and themselves, desired the said Mr. Palmer to shelter the same; which did amount, in pieces of Eight and Wedges of Gold, to the value of 2500 l. or thereabouts, which he accordingly did.

Answ. They must needs think it convenient appendix page 12 to go ashore to secure the Mony, when they had appendix page 3 resolved to destroy the Ship; otherwise there appendix page 1 was no danger of either that or their lives, upon easy ground and calm water, and the Ship Fleet­ing every Tyde; Does the Examinate call it but [Page 59] a few of the Ships Crew, when they left but two of the Crew on board? And they did not ac­quaint appendix page 25 Mr. Palmer with the Treasure in the Chests, until after the house was burnt and Robb'd. appendix page 43

V. That the said Examinate was ordered by the said Captain to desire the said Palmer to come downe to the Ship, to advise him the best way for saving the Ship and Cargo; who accordingly went down with one Mr Richard Orpen his son-in law; and sent the said Orpen on board to advise with the Captain; whose Advice was that the said Captain should send his Gunns ashore, which he re­fused to do, saying it would disable him from the com­mon Enemy, (the French) who not long before, had taken two Ships out of that River.

Answ. When Mr. Orpen went on board, he try'd the Pump, and found that the water in the Ship was dirty and stunk, whereupon he told the Mast­er appendix page 24 his Ship was Tyght, and that he would have her off forthwith; and advised the Master to pre­pare to put out the heavy Goods from aloft, as her Guns, &c. But the Master could not abide to appendix page 24 hear of putting his Guns ashore, for fear of the appendix page 25 enemy; Mr. Orpen told him that a Battery on the shore, within Pistol Shot of the Ship, would do much better, and small Arms would do much better on board. For the Enemy could not attack him any way, but in their boats. But the Master would not hearken to it; Though his appendix page 24 Guns lay at that time (and so they have ever since) useless, heads-and-points along-Ships. Mr. Orpen askt him about his Anchors, and how he rid? The Master answered, By a small Kedger that appendix page 21 had a Warp to it; That his best Bower was lost; [Page 60] That his sheet Anchor wanted a stock. Then Mr. Orpen desired him to send his Carpenter a shore, appendix page 25 to make a stock, and Shewed him where there was good Timber within pistol Shot of the Ship, and that he would set some of the Country Car­penters appendix page 22 to work with them, and fit up a stock in an hours time; but the Master could not abide appendix page 24 to hear of it. While they were thus discoursing; appendix page 21 the Ship Fleeted, which Mr Orpen observed to the Master, but the Master (though 'twas fine Weather) Excus'd the not getting her away that appendix page 24 tyde, saying, that all his men (except the Gun­ner appendix page 8 and Carpenter) were ashore at Mr. Palmer's.

VI. That the said Captain agreed with Mr. Palmer to send him seven or eight Long Boats to unload part of the Cargo, whereby the said Ship might be lightned; and so with the first opportunity of a moderate wind and high water, be got off from the said Rocks.

Answ. Mr. Palmer without any agreement, appendix page 19 onely his promise, sent several Boats well mann'd; but the Master would not suffer them to bring his Ship to a safe harbour; but pack't them away again as soon as he understood that they were re­solved appendix page 29 to save her. And for opportunityes of appendix page 19 Wind and Tyde, there wanted none; if her driv­ing appendix page 14 up and down with Flood and Ebb the first appendix page 6 day, and her fleeting every Tyde afterwards, in appendix page 1 mild Weather, were Opportunityes; as for Rocks, appendix page 21 she toucht none, until after the Master and all had forsaken her, on the 30th of January, and appendix page 17 then the wind arose hard at S. W. upon which op­portunity appendix page 18 the Master made three holes in her bot­tom, and turn'd her a drift.

[Page 61] VII. That the Examinate, with the rest of the passengers, and some of the crew, being in the said Palmers house about 12 a clock of night, the Torys or Rapparees came and set the house on fire upon them, which as they supposed were upwards of sixty in number, and shott in upon them throw the windows and doors, so that they were forced to rise out of their beds and defended themselves about a quarter of an hour, but the fierceness of the fire increased, and they were forced to break open the doors to save their lives, and immediatly the Torys entred the house, brought out the Chest and opened it, and took all the mony that was in it; and stript this Examinate and some of the passen­gers, of their very Shirts, and beat them extreamly.

Answ. Now when the house was set on fire and Robb'd, Mr. Palmer was made to understand that this great Treasure was brought into the house appendix page 43 in the Chests, but never before; which if they had but told him of sooner, he might have sav­ed all, and prevented his owne ruine, there being a party of 30 Soldiers quarter'd contiguous to his house.

VIII. That on the 30th in the morning the Captain came ashore to see what was become of the passengers, and left the Ship with an Anchor and Cable out to keep her from floating, and orderd the Carpenter to bore two or three holes in the Bottom of her, to hinder her from rising where she lay, that she might not float and beat against the Rocks; for by that means the Ship would lye safe, which was accordingly done, the lower Tyre of the Sugar being all wasted by the leakiness of the Ship in her voyage, and the rest of the Sugar lying high with the Indigo and Cotten, Ginger, and Logwood, Fustick, and Roman Vittrioll, could come to no damage by boring of the holes.

Answ. The Examinant was sadly put to it to find an excuse for the Masters forsaking the Ship, [Page 62] To see what was become of the Passengers, as tho he had past a Bill of Lading for them, and for fear he had lost them, he goes ashore to get a receipt for their bodyes, Leaving the whole Ship and Cargo to a Mob, whose mercyes are very crueltyes, appendix page 17 without riding her by any Cable, Warp, or any appendix page 19 thing whatsoever; And to prevent her driving, appendix page 10 he caused the Warp whereby she rid, to be slipt; And to Preserve the Sugars, Indigo, Cotton, Vi­triol, &c. he order'd three holes to be bor'd tho­row appendix page 22 her bottom, as she lay in three foot water at low water, and Flows 12 foot more at high wa­ter; the most modern fashion now extant to pre­serve a rich Cargo in a Ship that is but ten foot in the hold; and the poor lower Tyre (forsooth) exactly condemned as lost before she came there, appendix page 22 by her leakiness, though the water stunk in her appendix page 3 when she arrived there. But this was done to pre­vent appendix page 6 her beating against the Rocks whereon she lay, whereas she toucht not a Rock until after the Master had turned her loose; But if he had been well practic'd in Water-Clock-work, he might the better have understood how many inch-and-quar­ter augur-holes, are requisite in so many hours before next high water to fill the lower Tyer, if it were empty, and if he knew how much the same would contain; But for want of Judgment in such branches of the Mathematicks, and to avoid the exactness of the triplicit augur-holes, you may perhaps hear, that in his next trick, he will contrive (willfully by mischance) to have [Page 63] three Guns fired at once thorow her hold, and then he need not doubt her speedy Sinking.

IX. That the Captain advised with the Examinate who [...] they should do to save the said Ship and Cargo from the Rabble and Toryes, and thereupon they thought fit to desire O Sulivan More, Captain Carthy, Mr. Aldwell, and Mr. Clark, two English Protestants, to go on board to secure the said Ship and Cargo from the Toryes, O Sulivan and Captain Carthy, of the Irish the head in that Country, and this deponent beleeves that by that means to prevent the meaner sort from useing any violence, That the said four persons went accordingly on board and promised to secure the Ship and Cargo, having an order from the Cap­tain, and an instrument under his hand to have the one half for the Salvage.

Answ. They had it seems pack'd the Cards be­fore they could well hide the cheat, and without appendix page 21 doubt advised with one another in all secrecy appendix page 10 how to make a shew of innocence, and since the appendix page 15 mony to their greif was all lost, and the Ship to their disgrace safe in a Creek, It remained now how to blind the owners and the world, that they might not see the mony carryed ashore with any other then a harmless intention to save it; and to manifest their industry, he says, that these four persons employ'd, went aboard; But had not Mr. Orpen sent Mr. Kelly to have them named in the instrument for Salvage, as in trust for him the said Orpen, and as his friends, It's presumed that appendix page 11 the Master had never thought of them. But none of the said persons went on board in that manner as the Examinat speaks of, for Capt. Carthy, and appendix page 16 Mr. Aldwell went not aboard until the next morn­ing [Page 64] after the Master had deserted her, & until af­ter appendix page 26 the Ship was (to his shame) brought safe to the Creek by others employ'd under Mr. Orpen; Mr. appendix page 23 Clarke came not near her in ten days after, O Su­livan appendix page 10 More knew not any thing of the matter, appendix page 15 and never came at all to her, neither was he em­ployed appendix page 20 or desired by any body whatever to be appendix page 15 concerned, as appears by his and the rest of the appendix page 10 Affidavits.

appendix page 23 X. That after they went on board, they confest they found all things in good order save 2 barrels of Indigo which the Captain brought ashore, and one hogshead of Indigo, whereof some part was taken out.

appendix page 29 Answ. What a confession is here exprest by the Examinat, when that the Master in open Court declared upon Oath, and as you see by the Affi­davits appendix page 25 of several good Gentlemen, that there were eleven (some barrels, some hogsheads) of appendix page 4 Indigo brought from Shipboard along with the appendix page 5 Master when he forsook her, Every thing was in appendix page 10 a monstrous good order when the water was with­in appendix page 18 a foot and half of the Beam, and the Ship Plun­dered appendix page 21 by her own men, and that by the Exami­nats appendix page 23 order.

XI. That the same night the said Orpen, and one Mr. Thomas Crump along with him, came on board the Ship, and demanded of the said O Sulivan More, by what authority they came on board, who thereupon shew'd them their order from the Captain; But the said Orpen and Crump forced the said order from them, and seized the said Ship and Cargo, the sa [...]d Orpen for the Admiralty, and Crump for the King; the s [...]id Orpen producing a Broad Seal, and turned the men ashore which frightned them away.

Answ. The Ex [...]minant runs on with a most [Page 65] chymerical Concatenation of falsityes; For 'twas in the morning that Orpen and Crump went on board; and how was O Sulivan More Demanded appendix page 16 to produce his order, and how was the same taken appendix page 23 from him; who never went near the Ship and appendix page 15 never was employed or desired by any person to appendix page 10 be concerned; and how then was O Sulivan appendix page 15 More turned ashore that never was on board, and appendix page 26 Mr. Clark that came not near her until ten dayes appendix page 16 after, and Mr. Aldwell and Capt. Carthy, who came not till next morning and were then em­ploy'd by Mr. Orpen to help to save the Goods: But now comes the dead doing Blow, Orpen for the Admiralty, and Crump for the King, Seized the Ship; and Orpen shewed a Broad Seal. O Ter­rible peice! what necessity for a broad Seal after appendix page 15 his People and Servants had brought her safe to appendix page 23 the Creek by virtue of the power which the Mast­er appendix page 20 gave him the day before? Neither did Orpen appendix page 9 perform one Ceremony that belongs to a Seisure, yet there was indeed an old broad Seal produced, which was not against any right Claymant, But to encourage the men to their arms, against the appendix page 23 intruding Rabble and Rapparees, as appears by appendix page 18 Mr. Orpen's discourse to the Master when he re­turned appendix page 28 to her, which was not until 3 days after she appendix page 4 was brought into the Creek by Mr. Orpen's men, appendix page 20 who then desired the Master to stay in his Ship, and bring his men to save the Goods; adding appendix page 5 that one Seaman, was worth five Landmen upon appendix page 20 such Service, but the Master thereupon hastned away all his men out of the Country.

[Page 66] XII. That when they left the Ship they gave charge to the said Orpen and Crump to take care of the goods being in the condition they found them in as aforesaid, and then went to the Captain, and gave him an account of what was done, who the next morning, with several of his men, went a board and demanded the reason of their proceedings. But they turned the Captain and his men ashore, and quite dispossest him, having seized her as afore­said; The Captain charged them to take care of her, and not to imbezle the Cargo on board, for that they should be accountable for it and their proceedings. But they answerd him that he needed not to concern himself, he neither had nor should have any thing to do with it.

appendix page 15 Answ. He goes on still with the same thred appendix page 16 of his first spinning; when did O Sulivan More appendix page 26 and Mr. Clark leave the Ship, that were not near appendix page 16 her, and when did Captain Carthy and Mr. Ald­wel leave her, that went not aboard till after she was safe in the Creek, and were employed all along by Mr. Orpen; and the Master went not to the Ship in the morning, but in the afternoon, being the third day after he had deserted her; neither had he of his men along with him any more then the Gunner, who was one of the prin­cipal Caballers about boring the holes; and though the Examinate says that they were quite dispossest; Its manifest they were earnestly intrea­ted, appendix page 5 especially the Master, to stay on board and appendix page 21 bring all his Men to help to work; but he would not be advised, which is directly contrary to what the Examinat swears. Its true he attended so long appendix page 21 as vvhile he filled about half a dozen baggs vvith the best Sugars, and carryed the same with him to his quarters.

[Page 67] XIII. That the next day this deponent saw several hundred horse-loads coming from the said Ship, loaded with part of the Cargo belonging to the said Ship, by the said Orpen and Crumps order; and this Examinat sayth, that he was told by several who bought thereof, that the said Orpen and Crump disposed and sold the said goods to every one that would buy.

Answ. Tis very probable that the Examinate savv some horses, but not one hundred, laden vvith the Ships goods; The greatest part vvhere­of appendix page 23 vvere vvith goods sold and disposed by her appendix page 29 ovvn men, and some vvere laden avvay vvith appendix page 18 Logvvood to the store houses appointed by Mr. appendix page 20 Orpen, and others carryed avvay the Sugar in great quantityes, vvhich the Master gave them vvhile he vvas aboard. But its not in the povver of man to say that Orpen or Crump sold a penny vvorth of the vvhole Cargo, though hundred [...] will prove that the Master, Passengers, and seamen, appendix page 2 made havock thereof to every one that would appendix page 23 buy, and never exceeded Robin-hoods penny appendix page 21 worths.

XIV. And the said Crump being Officer for the King, forgave the buyers the duty and discharged them thereof; and also gave them Permitts, and that the said Crump and Orpen sent eight horse-load of the said goods (as this Examinat is inform'd) to Kinsale to Captain John Waller Deputy Governour of Charles-fort.

Answ. What paines would not the Examinat undertake to out the Kings officer, or any one that had a hand in saving vvhat they vvould have destroy'd; at length he performs it vvith this most execrable assertion, that he had forgiven the [Page 68] Kings duty, and gave Permits, the onely taking thing to turne him our, vvho vvas never guilty of any such behaviour, and before the Wars vvas employ'd for 20 Years together, and for his faith­fullness and integrity, vvas in very great esteem with his Superior Officers; Nor does the Exami­nat regard how he bespatters any person of what vvorth or quality soever to rid himself and Crevv of that indelible spatter vvhich they vvill never be rid of; The Lt. Governour of Charles-Fort, who is known to be a person of Honour, and ab­hors any dirty action, must be brought into the story for eight horse-load of Goods sent him; and appendix page 10 is as true, as that O Sulivan More was turned out appendix page 15 of the Ship, which he never Saw.

XV. And that the said Orpen sent several boat loads of the said goods up the River to his own House, and other places, by which proceedings of Orpen and Crump, there is not visibly left the value of 500 l.'s worth of goods of all the said Cargo; Though at the time that the said Orpen and Crump took possession thereof, it was, and this Examinat beleeves to be worth between 5 and 6000 l. the whole damages sustained both as to Ship, Mony and Cargo, being about 10000 l.

Answ. A farr fetcht aggravation, That Orpen carryed some of the goods to his owne house. Had there been room for them, he had sent all the rest appendix page 10 to the same place, but for want of conveniency, appendix page 28 he sent most part of them to be secured in the houses of the best Gentlemen of that Country. If 500 l.'s worth of the goods were saved, its 500 times more then was expected or hop'd for by the [Page 69] People belonging to her and in all appearance the Ship, Cargo and mony, was worth some thou­sands of pounds; but observe, it [was] and then he [ believes, &c.] all which might indisputably have been saved had not the Examinat and the rest car­ry'd the mony ashore, with some sinister design, and had not the Master caused the holes to be bor'd appendix page 20 to destroy the Cargo, and turned the Ship adrift, appendix page 17 that she might beat, and be torn to pieces, by appendix page 21 the Rabble and their own men. appendix page 19

XVI. And this Aexaminat saith that the said Orpen and Crump took the very Sails, Riggins, and Furniture that were left of the said Sh [...]p, and conveyed them away among the rest of the goods.

Answ. How now, Mr. Examinat! you want the main property of the fourbe or fripon. Wit, a good memory: Has the tediousness of your bladder­blown Examination made you forget in the Rear what you have said in the Van therof, it's not above half an hours reading since you have plainly said in Page 56. that she had lost all her sayls; Had the Saylers, Master, and Examinat, been as sound at heart as the Sayles, all had been well, and the adventerous Owners might have received a Suc­cessful return. Now Mr. Examinate, you must call aloud to your high Sh. Captain, and Mr. Bl. and try if t'other bagg of Sugar a piece, to each of them can help you? Nay can any pecuniary mulct wipe this Blot out of your Escutchcon, if you have any coat of Arms? What Hocus-Pocus tricks are here? 'Tis and 'tis not. The Master in his Letter [Page 70] appendix page 31 of the 28th of January to Mr. Palmer, and you in the forlorn part of your Examination, agree, that she had not a sail left, yet towards the fagg­end of the same Examination, Orpen and Crump took away the very sayls, &c. But least the curious Reader might be at a loss to know which is which, appendix page 18 or where to believe you; 'tis most obvious to the appendix page 13 World, that she had a very good suit of sayles appendix page 25 when the Master forsook her, and had not the unlawful lucre of the 2500 l. withdrawn the hearts of the Saylors, the Sayls might have carryed the Ship far enough from Orpen and Crump.

XVII. That this Examinat, Passengers, and Ships Crew, being strangers in the Country, the said Orpen and Crump gave out ridiculous reports about them, purposely to frighten them, and make them odious to the Country, the said Orpen confest to this Examinat; and afterwards advised him to run away and leave Ship and all behind them, telling them that if they would stay, he believed they would be all knockt in the Head.

Answ. Though they were strangers in the Country, 'twas the Mate and Carpenter that gave out ridiculous reports of them, and discove­red the whole intrigue of destroying the Ship; 'twas their own Consciences, whose ghastly Spe­ctrums they could not be rid of, and not Orpen and Crump, that advised them to flee from the place where they had committed so vile a fact; but few abiding upon that ground where themselves have been Guilty of Blood-shedding, or other foul crimes.

[Page 71] XVIII. That within 12 days after the said Orpen and Crump had taken possession of the said Ship, Mr. Charles Monke the Kings Collector for that County, Mr. Edward Herbert the high Sh. Mr. Gibbings the Surveyor, and Capt. Gregory Governour of Rosse-Castle, came with several Soldiers to take the Examinate and the rest belonging to the Ship prisoners, the said Orpen having informed them by Letters that they were Pyrates, or little better.

Answ. The Examinate has not yet found his Journal, for 'twas within Seven dayes after the possesion, that Mr. Monk, Mr. Herbert, Capt. Gregory and Mr, Gibbings, came into that Coun­try; and the Soldiers came to guard them, and not to take the Examinate and company Prison­ers; Neither were there any such Letters as the Examinate Speaks of. But there wanted not grounds enough to have them taken up; The Carpenter having upon Oath, before the Capt. and high Sh, discovered the whole plot that de­stroyed the Ship. and Cargo; But they had more Grace then to take them up, having a far greater appetite to take up some Wallets of Indigo and Sugar.

XIX. But the said Collector understanding by their Clearings of the Office and Government of Jamaica, which the Captain produced, that they were wronged, gave no Credit to the said Orpen and Crump, but was highly in­censed against them, and told them that he would ac­quaint the Government of their villanys, whereupon the said Orpen delivered up the Ship to the said Captain, But stopt the goods that were visible in his posession, alleaging that he ought to have the half Salvage, and quitted the seizure.

Answ. The Collector never understood by their [Page 72] Clearings that they were honest men; for they appendix page 46 produced but very imperfect Bills of loading, particularly there was for the Indigo no other In­voyce but thirteen barrells, whereas Mr. Orpen made it appear to their faces that there was a great deal more, and other sort of Casks, as Pun­chions appendix page 21 and Hogsheads of Indigo and other Goods, appendix page 33 which were havockt away by the Examinant and by the rest of the Ships Company, But this Lyell was never Shipt as Master; but the Master dying (as they alleage) after they left Ja­maica, Mr. Lyell (as he pretends) was desired to take upon him the charge of the Ship; and thus appendix page 46 he became Master, yet all this while the former Masters pocket-book, or any other thing to shew their honesty from Jaimaca, or a true Invoyce from thence was never produced, so that whether any part of the Cargo was transhipt into any o­ther Ship at Sea, is yet doubtful. And though they appeared as very honest men to the high Sh. Capt. Greg, and Mr. Bl. It was not so until some hand­som oblations of Sugar, Indigo and Cotton, were first made. But as for delivering up the Ship, &c. the Master would not be perswaded upon any terms to look after her, & had not Mr. Monk cry'd appendix page 45 shame at him, he had not gone to her any more; and though by much ado he was now in a man­ner appendix page 46 forced to go on board, Yet he left her the same day, and came not to her in five dayes after, nor then, until he was Soundly raild at again by Mr. Monk for his Negl [...]gence; and tho' he remained [Page 73] in the Country for three weeks afterwards; so careful he was, that he went away and left the Fustick lying among the water and Ballast.

XX. The said Examinat further saith, that the said Orpen produced a Letter to him, which he said he recei­ved from Thomas Farren Esq; Judge of the Admiralty as Cork, and the said Captain Waller, ordering him to seiz the said Ship and Cargo aforesaid.

Answ. There was no Letter from Mr. Farren; and Capt. Wallers Letter was dated the 25th of February being 12 dayes after the Examinate left that Country, in which Letter, are these words [Be carefull of every thing belonging to the Ship Laurell, for since the men are saved, the Ship and Goods are still the Owners, for which you are to have Salvage] but the distorted opticks of the Examinant have extorted words of other shapes and hews, from a Letter which he never saw.

XXI. And further saith that the said Orpen did con­fess to this Examinat, that he gave out many false and Scandalous reports upon the said Captain and company, but it was in passion.

Answ. This is such another confession as O appendix page 15 Sulivan More's, where the Examinat sayes that he confess'd that he found all things in good Order on board the Ship, who never was on board her.

XXII. And this Examinat further saith, that the said Captain Gregory, the Surveyor and the high Sh. of the County of Kerry told him that the said Orpen did offer to bribe them purposely to set them against the Ships company, but they refused to do the same, and this Examinat saith that he hath bribed several on that account, as this Examimat has been enformed.

Answ. Notwithstanding that it's believed that the Sh. and Captain Gregory would say any thing for their votaries, its a question whether the above Paragraph be not the Examinats own, tho' after the Country had laboured greatly under the fre­quent extortions of the Captain and his Soldiers; And the Sh. sometimes granting his Replevin to these Soldiers against the new English, with no other design then to possess himself of their Goods, and then Superseading his own Replevin when be found that the Soldiers would not bring the goods to himself; The whole Country being in a tumult through these oppressons, which asto­nisht the English to find the Laws administred in this manner, where they expected such upright­ness as might be leading to all the rest of the appendix page 11 Country; The Sh. profering 23 Guineas and 2 C. weight of Sugar, to get the Masters Note for Sal­vage appendix page 33 out of Mr. Orpen's hands, His sending to Mr. Orpen that if he would give him Twenty Guinea's, he would compose all matters to his content with the Master, and alwayes fide­ing with one or another, and setting the people of the Country & the people of the Ship at variance; It's very manifest that tho' there was no Bribery, there wanted not Inducements of the first Rate.

XXIII. And this Examinate further faith that the said Orpen wrote to one Captain Cuningham then Governour of Ross, as he was enformed, to let one Cnoher Boy O Suli­van, who was then one of the chief of the Toryes, then in custody, to make his escape; who accordingly made his escape and was the head of the Toryes as this Examinat [Page 75] was enformed that burnt the house and Robb'd the Exami­nat and company of their Money aforesaid.

Answ. Though this paragraph is already ans­wered, page 27. yet it's not amiss to ask the question, How came Cnoher Boy to escape at Mr. Orpen's instance, when Capt. Cuningham's own appendix page 39 Letter denyes any such thing, and was vext at the escape? If he was a Tory, how did the Capt. dare appendix page 38 let him go? If he was not, it's not a farthing mat­ter at whose instance he escap'd: If he escap'd at Orpen's instance, how came it that he carryed his appendix page 38 Irons away with him? as also the Centinells Mus­quet? If he escaped at Orpen's instance, why was he pursued immediately by the Soldiers? If he appendix page 37 was a Tory, why did not he sorthwith after his escape, Joyn the Toryes that were then out up­on their keeping? But it being discovered that he was a Spie upon them, they sought his life on the one side, and on the other side, he was in­cessantly appendix page 38 pursued by the Soldiers, and at lenth for­ced, se defendendo, to set up a company for him­self, and became the worst of Toryes. But has Capt. Gregory commited one Tory to Goal dure­ing the whole time of his Governing in that Country? Mr. Orpen has, by the discoveryes of Cnoher Boy, brought into Goal great numbers appendix page 34 of notorious Murderers and Robbers; and for fear he should by the same means, bring in the Rest in the same manner, and so spoil the Soldiers Trade of free Quartering, Cnoher Boy was forced appendix page 33 to become Tory, and Orpen (who was the great­est appendix page 34 [Page 76] Prosecutor of Malefactors) must now be accused as a friend to such. In the mean time, while these Loyalists are telling a story of Cnoher Boy; they have sufferd great part of that Provence to be over Run with Toryes; and these Soldiers (be­ing a sort somewhat tamer) do imitate their foot­stepps, and under pretence of beating for them, (whether for want of Pay, or to oblidge their Capt.) have Robbd the Country almost of what the Toryes lest; And the Commissioners of the Revenue will find but a very sorry return from thence for many years to come, by reason that great numbers of Families have fled from the crueltyes of the lawless Robbers, and as little Lawfull Government of this Captains Soldiers, the latter having plundred at the heels of the former, those parts are in a manner laid waste.

But this being a Discourse which hath a vo­lume of its own; Its high time to return again to the Examinat, who has made such a horrible Nar­rative in his topsy-turvy Examination of things, that were and were not, in a sort of Legerdemaine and sometimes a Hysteron Proteron Scene, where there was no manner of Horse at all to be found, nor a Cart to set afore him; yet from the 30th of January to the 7th of March (being the day whereon his abominable Examination came into the World,) was a considerable time to frame his Heteroclitical Modell of the whole procee­dings upon the Ship Laurel, who left her the appendix page 26 29th of January, and was never any nearer to [Page 77] her afterwards, then 3 long miles distance; Quae­cunque appendix page 26 novato ritu deficiunt superantve Heterocli­ta sunto, and after this his Pike-and-dagger-account, (some too long, as some too short for any recon­cilable medium of Truth) the religious man will judge, that the Jew had but little regard to either Testament, when he fired off this Examination at random with both eyes winkt at once; The tonitruous bellowing whereof, has not onely frigh­ted away many innocent people from their Hou­ses, but has also smitten the minds of the Nations with a wrathfull concussion of concern'd displea­sure against them; and at length it prov'd

Save that it graz'd upon Mr. Orpen, and so stunn'd him into 5 weeks confinement in Kerry; and from thence tumbled him most Unbailably head­long for 7 score miles together, in custody, closely begirted with some of the treasonable Chain-Shots; But in open Court, He brake those Withs as a thred of tow when it toucheth the fire.

But Mr. Myars went not to Dublin upon that affair, without the advice of the high Sh. who having by his letter of the 13th of February given the Government a partiall account of the proceedings upon the Ship, did not omitt to in­struct the Examinat in such particulars as were re­quisite to justifie that Letter.