Ordered by the Lords Spiritual and Temporal in Parliament Assembled, That Hubart Bourk and John Macnamara, have hereby leave given them, to Print and Publish their respective Informations or Narra­tives concerning the Popish Plot formerly by them given in at the Bar of this House.

JOHN BROWNE Cleric. Parlimentorum.

By Vertue of the Order above mentioned I do ap­poin Randolph Taylor, near Stationers Hall, to Print this my Information; and that no other person or persons do Print the same.


THE INFORMATION OF Hubert Bourk Gent. Touching the POPISH PLOT IN IRELAND, Carried on by the Conspiracies of the Earl of Tyrone. And others his Confederates, To deliver up that Kingdom to the French King, and Establish the Popish Religion therein. Being all matter of Fact, delivered first by this In­formant before the Lord Lieutenant and Council in Ireland in March 1678. And to his Majesty and both Houses of Parliament in November 1680.

LONDON, Printed for Randolph Taylor, and are by him sold, at his House, near Stationers-Hall,

TO THE High and Mighty MONARCH OF Great Brittain, CHARLES THE SECOND, &c,

May it please your Majesty,

I most humbly presume to lay at your Feet, this my true and loyal Infor­mation of the Earl of Tyrones Trea­sons against your Sacred Person. Some there are who did ill in transgressing a­gainst your Majesty, but did well in re­penting and detecting their own and the foul Crimes of others. As to the latter of these in being a Discoverer, I account my self happy: as to the former, doubly [Page] that Providence gave me the means to discover without ever being disloyal. What I was, and what my Progenitors always were, I am, a true and faithful Subject to my Prince. Nor was it any other motive then my Allegiance and disdain of treacherous propositions that urg'd me to a speedy Discovery. From whence I hope I shall not offend your Majesty, if I claim that advantage to my self of being the first that openly appear­ed in this detection in Ireland, the first that cut the Knot for others to unravel the mistery of this deep Design. And I also hope the rude dress of my Informa­tion will shew how void it is of subtlety or contrivance. I must confess, I did not think to meet within your Majesties Do­minions with so severe and cruel usage, for doing my Duty to my Soveraign. But so severe it was, that had I been the Guilty person, I could not have met with more, while the grand Criminal tri­umph'd over me in those Calamities with which his power had almost over­whelmed me. And in this Condition such was the Terror that lay upon our [Page] Friends, that they of equal Rank durst not afford me the Comfort of their kind Visits, nor they of superior quality ap­pear to give me any Countenance. How­ever, having now made my appeal to the Fountain of Justice, Your Royal self, I make no question, but the great preser­ver of Kings, will for your sake main­tain the Innocency of my Proceedings, as being only such as tended to the pre­servation of your Majesty, and the de­tection of your secret Enemies, according to the Dictates of my Religion and alle­giance. Not desiring longer to live, then while I may be able to approve my self,

May it please your Majesty,
Your Majesties most Loyal, most faithful, and most obedient Subject, HOBERT BOƲRK.

THE INFORMATION OF Hobert Bourk, First Discoverer of The Popish PLOT In IRELAND.

Who saith,

THAT he is Son and Heir apparent to Red­mond Bourk, late of Poole-more in the Coun­ty of Clare, Gent That after his said Fathers decease, his Mother placed him with an At­torney, with whom this Informant lived, until he was able to Practice for himself; which said Pra­ctice the Informant followed until he was hindred and molested, as the ensuing passages will declare.

This Informant going into the County of Water­ford, about five years ago, to visit some Relations of his, was by them earnestly courted and invited to stay with them in the said County of Waterford, in regard he the said Informant was a single person, and for that there was greater employment and business to be had for an Attorney in that County than in the County of Clare, by which perswasions and encou­ragements of his Relations, this Informant was pre­vailed [Page 2] upon to stay with them; and after that spent most of his time at one Major John Butlers House, at Crebanaugh, who was married to a Kinswoman of this Informants.

This Major Butler living within a Mile and a half of the Earl of Tyrone's, was wont always to visit the said Earles House twice a Week, and thither I must also bear him Company. At length it came to that pass, that if he, or this Informant, failed to go every Week once or twice to the said Earls House, then there was a Letter sent for Ma­jor Butler, if not for this Informant too: By which means this Informant grew familiar and well ac­quainted with the said Earl, his Lordship frequent­ly allowing this Informant the Honour of his Company when he went a Hunting, or play'd at Tables, or sometimes to read Irish, sometimes to go a Fishing with him, and in such like Exercises and Pastimes wherein his Lordship most delighted: Be­sides this, the Informant was appointed Deputy-Seneschall to his Lordship; in which Employment he continued for the space of two years and a half, or thereabouts, and so might have done till this time, if the Informant had kept his Lordships Sedrets in Relation to the Plot.

This Informant further saith, That he was seldom or never in the said Earles Company, but he and Major Butler would always be talking of high matters, praying for the French Kings prosperity, and discoursing how little England and Ireland would be in his hands, if he would but come a­mongst them; and saying further, That the Eng­lish were good Souldiers in their Tongues over a Cup of Ale, with long Pipes of Tobacco in their Mouths; but that they were too tender now to lye in the Fields after thirty years rest, and that they were so Foggy, so Fat, and full of Guts, [Page 3] that they were not able to fight any better than a company of Swine; and that he the said Earl, with three hundred French or Irish, of his own choo­sing, would undertake to rout and break a thou­sand of them.

And this Informant says further, That if he should go about to take notice of all the Treasona­ble passages and words that were spoken by the Earl of Tyrone, Major John Butler, Father James Power, Father John Power, Father Robert Power, and Father Patrick Ronane. (the Earl of Tyrone's Parish Priest) who were altogether most commonly at the said Earls House, contriving of Plots, or preach­ing their Treasonable Lectures, relating thereunto; he could be able to make up, together with what the Informant mentions here, a large Volume.

This Informant further saith, That he hath observed, that John Power, and Dynough Macnemarrah, came very often to the Earl of Tyrone's House, and went from thence into the Counties of Typperary, Limbrick, Clare and Gallaway, and in a short time returned a­gain very Brisk and Gay, well Hors'd and Armed, with their Cases of Pistols themselves, their men, and their followers.

These two Gallants are both Papists; the one of them John Power, that kill'd (as they say) the Lord Moone, and fled into Ireland, and the other a Souldi­er of Fortune, that had left the French service in discontent. Both Persons of no Estates, nor any other concerns in any of the Counties aforesaid, as the Informant has reason to believe, but only to ride about upon Messages from the Earl of Tyrone in reference to the Plot.

The Informant further saith, That he hath seen and observed the Intelligencers that were sent by the Earl of Tyrone to the several Counties, viz. Pierce Power, alias Pierce, and Grenane to the Coun­ties [Page 4] of Clare and Gallaway, and William Fench into a­nother part of the said County of Clare, whose answers to any that questioned them, were, that their business was to order and settle the Earl of Angleseys chief Rents, having had but very little or no­thing to do formerly in either of those two Coun­ties. Lawrence Sullivane was employed to the County of Kerry, and William Butler employed by his Brother, Major John Butler, or the Earl of Ty­rone, into the County of Wexford: All these Messen­gers were constantly employed upon Messages in the Months of May, June, July, August, Septem­ber and October, 1678. In which Month of October, the Informant was also sent for to joyn in the said Plot by the Earl of Tyrone; in reference whereun­to I shall here give a Relation of what passed be­tween his Lordship and this Informant as fol­lows.

The Informant being at a place in the County of Waterford, called Kill Mr. Thomas, in company of one Richard Power, Gent. on the last day of Octo­ber, 1678. which was of a Fryday, and being then at Breakfast, one Thomas Samson, Gent. and Stew­ard to the Earl of Tyrone, came into our Compa­ny, who after Breakfast was over, spoke to the Infor­mant in these words; Mr. Bourk, my Lord and Ma­ster desired me to pray you to come to him to Corough­more, this night, or to morrow following, telling me he had some earnest business to speak with you about, but what it is I know not.

The Informant told the said Mr. Samson, that he the Informant had been at that House in Kill Mr. Tho­mas at a Sheriffs Court all the day before, and that his Horse was either strayed or stoln; and farther told the said Samson, that if the Informant thought that his Lordships sending for him was of any con­sequence or haste, he the Informant would hire a [Page 5] Horse to wait upon his Lordship that night. The said Samson answered, He did not know what the matter was, but that was the Message which his Lord bid him deliver.

Mr. Samson was but then newly come to my Lords Service, so that he having summoned a Court-Baron at Kill Mr. Thomas aforesaid that day, where the In­formant was to appear as Attorney for the Earl of Ty­rone in a Cause depending in that Court, betwixt the said Earl and some of his Neighbours and Tenants, concerning certain Trespasses, it behoved this Infor­mant to stay till the Court was discharged. But that being done, this Informant hired a Horse and went with the said Samson to my Lords House. So soon as this Informant arrived there, this Informant was given to understand that his Lordship was at Supper with Strangers, but returned his thanks to the Infor­mant for travelling so far in a dark night to visit his Lordship, and withall to desire this Informant to come to his Lordship the next Morning: Which accor­dingly this Informant did, being the first day of No­vember, 1678.

This Informant attending his Lordship upon the Morning already mentioned, his Lordship bad the Informant welcome; after which his Lordship asked this Informant, What News? This Informant answer­ed, he presumed his Lordship had the best Correspon­dency of any on that side the Country, and that for the Informant's part he had none worth his Lord­ships hearing. His Lordship then told the Informant that he had received Intelligence out of France, where­in he understood that the French were very powerful, and that Parlez vous Francois should be plentifully heard here (meaning in Ireland) e're long. This Informant asking his Lordship what great Exploits the French King hath done? Done, says he, he hath done wonders, and we may without doubt call him the Defender [Page 6] of the Faith, for he best deserves it, and I am sure the Hand of God is with him. This Informant told his Lordship, that a man would be apter to think, that if the French were intended that way, he would rather venture upon England first, than come into Ireland▪ His Lordship answered he had received a Letter from one Robert Power▪ who studied the Law at one of the Ihns of Court in London, which declared that the French had a great stroke in England already; and then, said his Lordship to this Informant, before you are half a year older the French will subdue England and Ireland, and little harm thereby: For they in England have no Faith in them; for they no sooner grant a thing but they recall it again; just as they have dealt with me about the Lands of Dea [...]e: But, said he, before the [...] [...] [...], by Goge I will lose the best Blood in my Body. The Informant was astonished to see in what temper his Lordship was; yet told his Lordship, That if the French should come there, they would kill all as that were the poor Subjects. His Lordship answered, As for that, said he, I have made my Conditions for this side of the Countrey; and if you will but joyn with me, I will put you in a quick way to get an Estate. The Informant told his Lord­ship, That he wanted it, but could not tell how to come at it. Then his Lordship drew out of his Poc­ket a great quantity of Papers rolled up, and desired the Informant to subscribe his Name in one of those Papers, wherein, upon a sudden glance, the Informant could read the Names of Paul Strange, Richard and John Power; and, as this Informant verily believes, there were the Names of above a hundred Subscri­bers in all. This Informant desired his Lordship to excuse him for the present, alledging, That he was not fit to be employed in Matters of such high con­cernment; and the Informant said further, That he never heard of any of his Name that had ever proved [Page 7] Traytors to their Kings, and that he, this Informant, would not be the first. With that, his Lordship cal­led this Informant Coward, and drew his Sword al­most out of his Scabbard to kill the Informant: But, as God would have it, his Lordship espied a Gentle­man coming towards him, who was Sir John Ponsopy's Son: Upon which his Lordship went to salute him, and left me▪ However, after he had walked with him into his House, his Lordship went himself to the Bridge of Corroghmore, before the Informants face, and called forth one William Power a Broag-maker, and commanded him in all haste to go and bring him John Daniell to inform against this Informant for that this Informant had struck the said Daniell half a vear before; though the Business amounted to no more than two slight Blows with this Informants bare Hands, in the Informants own defence, and for which the said Daniell had released the Informant the next Morning after he had struck him, before four Wit­nesses. However, at my Lord's Command, the said Daniell came to Corroghmore, and was forced to in­form against this Informant for the said Battery, his Lordship threatning the said John Daniell, that he would crop his Ears if he did not inform against the Informant. Thereupon, upon the said Daniell's Ac­cusation, this Informant was disarmed, and by a Mittimus from the said Earl was to be sent to the Gaol of Waterford; but it being Saturday late at night, the Constable took the Informant's word to meet him at a certain Place on Munday following. In the mean time the Informant procured Bail, and brought them to Corroghmore, to his Lordship's House; but his Lordship refused to take any Bail for the Informant, and moreover ordered, that if the Constable made any delay to obey his Warrant, and did not go forth­with with the Informant to Waterford, he would send the Constable to Gaol too: And more than that, his [Page 8] Lordship sent to the several Justices of the Peace him­self, that they should not bail the Informant upon any account. His Lordship said further, That if the Infor­mant did not starve in Gaol, he would hang him the next Assizes.

By the way, as the Informant was going towards Waterford, the Informant writ a Letter to William Smith Esq desiring him to speak to my Lord to take Bail for the Informant. My Lord, at his Request, pro­mised the said Mr. Smith he would; but when it was tendred, he would take none. Then, since it could not be avoided, the Informant was put into Waterford Gaol, about the beginning of November, and there remained until the Fourteenth of March following; during which time, the Informant wrote Five Letters to his Grace the Lord Lieutenant of Ireland, com­plaining of the hard Usage he had received, and con­taining what further he had to say as to the Plot: Of which Letters, two of them were sealed by the Re­corder of Waterford's Lady, because there was neither Fire or Candle allowed where the Informant was kept: But neither of those two, nor of three more, the In­formant could ever have an Answer; so that either they miscarried, or were taken up at the Postmaster's Office in Waterford: for it seems the Lord Lieutenant received none of them, as his Grace was pleased to tell this Informant afterwards.

As to the rest of my Condition, it was such, that if any body out of Friendship came to see this Infor­mant, he durst not come the second time, for fear of the Earl, or purchasing his Indignation. At length came the Assizes, and then the Earl of Tyrone's Ser­vants, viz. Thomas Samson his Steward, Thomas Cow­dall his Sollicitor, and William Buckner his Attorney, went to work with great eagerness against the Infor­mant, in ordering an Indictment against the Infor­mant, and brought the said Daniell to prove it: But [Page 9] the Informant travers'd the said Indictment, and was acquitted by the Jury. Upon my Acquittal, the Judges, finding that there was something more than ordinary in the matter, and wondering that a Man of the Informants Capacity should be kept four Months in Gaol, without Bail, for onely striking another Man in his own defence, began to inquire a little further into the matter; whereupon the In­formant gave them his Information in Writing: upon which, Sir William Davis, one of the Judges, advised the Informant to stay in Gaol three or four days longer, and that he would send to Dublin for a Mes­senger, to have the Informant brought before the Lord Lieutenant and Council.

The further Examination of Hobert Bourke, who saith, That after he was discharged at Waterford from the beating of John Daniell, he was sent for by the Lord Lieutenant and Council, to appear before his Grace and the Council, to give Evidence for the King concerning the Designs of the Earl of Tyrone, which was the Informants chief aim and desire. In short, a Warrant was given to a Messenger, directed to the Sheriff of the County of Waterford, commanding him to send the Informant well guarded to Kilkenny, where he should be relieved, and a fresh Guard be ap­pointed for safe Conduct of the Informant: but in stead of a good Guard, the Sheriff aforesaid, William Dobbin by name, being a great Friend to the Earl of Tyrone, and knowing that the Informant had impeached the said Earl, sent onely two of his Li­very-Boys along with the Messenger as Guards, and Cords to tie the Informants Legs under the Horses Belly, which was done accordingly.

At length the Informant coming to Dublin, was examined by Sir John Davis Secretary of State, who told the Informant, that he knew the Earl of Tyrone so well, that he would not believe any thing the In­formant [Page 10] should say of him; and would often say to the Informant, Pray answer me, Mr. Bourke, and let alone your telling of Stories; of a set purpose to put the Examinant out of the way of telling the true Contents of his Information. For, as for this Infor­mant, he could not add or diminish from what he had delivered to Sir VVilliam Davis at the Assizes in VVaterford: but Sir John's intent was to see whether he could catch the Informant in any disadvantage, or derogation from what he had delivered in Writing, as aforesaid. But for all this, the Earl of Tyrone was confined to his Chamber, and afterwards gave Bail to answer the Informants Challenge at the Kings Bench the next Term, which was Easter Term, at what time his Lordship and this Informant were both to appear. In the mean time the Earl made it his business to make the Informant the greatest Rogue in the World: To which purpose, he was charg'd by the said Earls People, viz. his Attorney Mr. Buckner, his Sollicitor Thomas Cowdall, and one Mr. Cartie Deputy Clerk of the Assize for Munster Circuit; which Persons brought an Indictment against the Informant, for stealing of a Horse out of the County of Clare, which, as they pretended, was about three years before. But as the same was but a meer Contrivance, so it was found upon tryal by the Judges of the Kings Bench; there­by to render the Informant infamous, that his Evi­dence against the said Earl might be of no value.

When they could not prevail against the Infor­mant by this means, the Earl of Tyrone gave Bail to answer the Informant at Waterford Assizes then next ensuing, hoping in all that time among his Friends and Relations to find some other means to ruine and destroy the Informant.

Note, That this Thomas Cowdall was a Servant to Robert Bower, that sent the Letter to the Earl of Ty­rone, which Letter was mentioned in my first Infor­mation; [Page 11] and Mr. Cartie was a Person who was under Promises to discover all Secrets to the Earl of Tyrone, that he knew as a Clerk of the Assize. But this Informant being bound to appear in Waterford, to prosecute the said Earl at his own Door, and amongst his Tenants and Relations, the Informant thought it a very hard Task: and besides all this, he was terrified from appearing there, by several People, who told the Informant, That he must never look to return from thence in safety, in re­gard the said Earl had procured his own Counsel to be Judge of the Assize, and his own Tenants and Relations to be Tryers of the Matter of Fact, in his own Coun­try. So that this Informant finding himself in such danger of his Life, chose rather to hazard his Recognisance, and the forfeiture of his Bond, than to run into apparent peril of his Life, which he understood was both eagerly and craftily sought for. Yet for all these Threats, before the Tryal came on, this Informant did go to Water­ford Assizes; but finding the Earl of Ty­rone, and his Cosin Lieutenant Thomas Power, at Supper with Chief Justice Kee­ling and Sir Richard Reynolds, and under­standing that they Lodg'd and Dieted in [Page 12] one House, and at one Table, this Infor­mant then began to think it was in vain to expect any favour. Which, together with the Warning and Notice that was given him, this Informant, in Waterford, That if he opened his Lips against the Earl of Ty­rone, he must not think to sleep the Night following, unless he slept to Eternity, ab­solutely daunted the Courage of this In­formant. Nor was this all; for he wanted also the Assistance of John Macnamarrah, his Chief Testimony, who by Promises of Rewards from the said Earl, was secur'd from appearing in this Informants behalf; and at the same time also, neither Mr. Sam­son appear'd to bring in his Testimony, nor Mr. Ivie his Asistance, who I knew could both of them discover much of the Matter: nor had this Informant any Power from the Court to bring them in. All which were the Causes why this Infor­mant left the Court, and absented himself, thinking it would be better to appear at the Kings Bench, by which time he hoped to get sufficient Authority to bring in the forementioned Persons to his Assistance.

[Page 13] In order thereunto the Informant wrote a Let­ter to the Judges then in Waterford, that the Infor­mant was not then prepared to proceed, in regard the Witnesses were not brought in, nor any care taken to bring them in. But the Informant fear­ing that the Letter should not be delivered, and not daring to go to the Judges Chamber, by rea­son of the Earl of Tyrones being there with them, and his Friends and Servants about him, the Infor­mant was resolved to venter into the Court. But he was no sooner within the Door when the Chief Justice Keating, as the Informant believes, or if not he, some Body else, called to the Goaler to take the Informant into Custody, which so affrighted the Informant, that he made all the hast he could back again out of Court, and was presently follow­ed with such a Hue and Cry after him by the Goa­ler, Constables and Bailiffs, that he was glad to slip privately into one Mr. Fullers Tan-House, without the Gates of Waterford, and there to stay all that Night. In the mean time the Goaler goes where the Informants Horse stood, and told the People he was ordered by the Judges to secure the said Horse. The next Morning by break of Day this Informant hired a Boat to Ferry him over to the Slip-house on the other side of the River in the County of Kilkenay, and went to one Mr. William Wilkinsons house an Inkeeper, who about 4 a Clock in the afternoon, told this Informant that it was not safe for him to be there, in regard there was such a strict enquiry made for him in Waterford. Where­upon the Informant departed from thence, intending to have gon to attend his Grace the Duke of Or­mond, who was then in Kilkenny, to acquaint his Grace with the Judges proceedings in Waterford.

[Page 14] In the way as this Informant going a Foot, above two miles onward in the Road to Kilkenny afore­said, one Major Richards's Coachman overtaking this Informant, and knowing him, rode before to an Alehouse, and there wrote a Letter to the Earl of Jyrone's Coachman, giving him notice that this In­formant was going towards Kilkenny aforesaid, and desiring him to tell the same to my Lord Tyrone. The writing of this Letter being by chance discovered by this Informant, caused him to leave the Road, and to turn four miles out of the way to Kilkenny and make hast to a place called Gurteenes, where he stayed four or five days, until John Macknamara, who had discoursed the matter with the Earl of Tyrone, sent the Informant a Letter in which he gave this Infor­mant to understand, that the said Earl had sworn and damn'd himself to Eternity, that he owed the Infor­mant no ill will at all, praying this Informant to come to the said Macknamara's house. But this Informant being afraid of the Earl, and not daring to trust him, sent the said Macknamara word, that he would not come. However this Informant writ a Letter in few days after, to the said Macknamara for his Portman­tle, Lynnen and other things which were at his house, who sent the Messenger back without the Lynnen, &c. but with a Letter, wherein he mentioned, that he would meet the Informant next morning at Wa­terford, and bring his Lynnen with him, and that he had several things to impart to the Informant concer­ning or from the Earl of Tyrone, which he durst not write. Thereupon the Informant did meet the said Macnamara, together with his Wife and Father in Law, Teige Funnican, at Mr. Carties house; being met, this Informant told the said Macnamara, that he was ready to take Shipping for England▪ To which [Page 15] the said Macnamara said, do not trouble your self any further, for I will get you a good consideration and liberty to stay at home. The aforesaid Funni­can also promised this Informant Twenty Shillings in Money, and his share of a Barrel of Bear, and his Horse to ride upon, upon condition the Infor­mant would alter his mind and go home with them that Night. Macnamara, further said, you are not in condition to Travel at present, meaning for Eng­land, and told me it would be better to stay till I were better provided. And thus they flattered the Informant with them home, though he well under­stood it was still upon the Earl of Tyrone's accompt that they so friendly invited him. Within two days after the Informant's coming to Macnamara's House, the said Mr. Macnamara, went to the Earl of Tyrone's House, and informed his Lordship, that he had the Informant at home. The said Mac­namara, also told this Informant at his return from the said Earl, that the said Earl presented his ser­vice to him this Informant; and desired him to give Major John Butler, and Mr. John Ronane a meeting at a certain place, in order to an agreement betwixt the said Earl, and this Informant. All which things this Informant imparted to Mr. Ivie, then living in the same Town with Macnamara. Mr. Ivie, desi­red the Informant to be very wary, for fear they should entrap him. Upon which this Informant told Mr. Ivie, he would go and see what they would be at. In order to which resolution, Mr. Macnamara, and this Informant went, and met Major Butler, and Mr. Ronane, about four Miles from M. Mac­namara's House, at a publick Ale House. Where, discoursing the matter together, the said Ma­jor Butler, desired this Informant, to desist from [Page 16] troubling of the Earl any more, upon which conside­ration, the said Earl would give this Informant a good Farm and Stock; and he should have his Lord­ships favour more then ever he had shewed him be­fore. He desired this Informant also, to nominate any sum of money that this Informant pleased, so that he did not exceed a thousand pound, and he the said Butler would be bound for the payment of it; on condition, that this Informant should say, that Squire Villiers, Captain Nichols, Mr. May, Mr. Bradley, Mr. Peter Anthony, were his Promoters and Abettors in this Discovery and Design against the said Earl. To which the Informant answered, that neither of the Parties mentioned, ever spoke a word to him in their Lives, or if they had, he would not have been prompted to do any unjust Action by any of them all. And this Informant told the said Butler, that he never charg'd the said Earl with any thing but what his Lordship was pleased to tell and shew him himself. Thus after they had kept the Informant a whole day to entice him with proffers of that kind, and seeing they could not prevail. Major Butler sent Mr. Ronan home to the Earl of Tyrone, and Major Butler himself returned along with the Informant and Macnamara, back to Macnamara's house, where the said Butler and the Informant lay together that night.

The next day, this Informant acquainted Mr. Ivie with all the Discourse, at the aforesaid Meeting, and with the proffers made to this Informant, and then again this Informant was resolved to go for England, but Mr. Ivie told him it was not safe to go before he had the Lord Lieutenants pass: which put this Informant to another stand, in regard he did not know what to do for want of a conveniency to apply [Page 17] himself to the Lord Lieutenant, and being also afraid to go alone. In these perplexities this Informant then went to Waterford, where he met with one of the Earl of Tyrones Servants, by name John Whelane, who told him, that it was well for him, that he was so wise as to run away from the Assizes, for if he had stayed, the Judges were resolved, at least, to have cropped this Informants Ears; and further, Mr. Wil­kinson the Innkeeper aforenamed, told the Infor­mant, that the Judges were resolved to have taken him along the Circuit with them, and to have got some body to have sworn something against him that might have amounted to the taking away his Life. The Informant then wrote a Letter to the Earl of Orrery, which the aforesaid Mr. Ivie promi­sed to deliver to the said Earl, the said Ivie having some occasions of his own into those parts; which Letter the said Ivie read before it was sealed: the Contents of which Letter were, to pray the Earl of Orrery to send for, and examine the aforesaid Samp­son, who was then at Youghall near the said Earls house, and to write to the Lord Lieutenant with a Request to his Grace, to send for the said Sampson, Mr. Ivie and the Informant. But Mr. Ivie was so very bu­sie in getting in his Harvest, that he could not go so soon as he intended to the Earl of Orrery, and so that Letter took no effect.

In the mean time, the Earl of Tyrone, finding he could not by Bribes or otherwise, prevail with the In­formant to desist his Prosecution, he then Petitioned the Lord Lieutenant against the Informant, and there­upon a Messenger was sent to the Earl of Tyrones house first, which said Messenger told the said Earl, that he was ordered to take his directions from his Lordship for the securing of this Informant, and that [Page 18] so soon as he should be taken, he was to be brought to the said Earl first. Whereupon the said Earl, to conceal his knowledg, where the Informant was, as though he were ignorant of the same, sent several of his Servants to search for him, though they all knew very well where this Informant was; having often sent tome before. At length, after a long pretended search, coming into the aforenamed Macnamara's house (whither I was then return'd from Waterford) about Tenn or eleven a Clock at night, the said Earls Servants apprehended this Informant first, and bound him with Cords. In which condition the Informant seeing the Messenger, asked him whether he had any Warrant so to do? who said that he was but a Spe­ctator only, and that the Earl of Tyrones people were the Officers, and Withal, the said Messenger bad the Informant to take his last leave, and farewell of his Friends.

Then they hurried this Informant away from Mr. Macnamara's house, four miles that night; the next morning they conveigh'd him out of the direct way to Waterford, to put the Informant to greater pains and trouble, and brought him in at the West-Gate of the said City of Waterford, and so all along the Street, bound as he was, until they came to the Cross, which is about the middle of the City, where they alighted, & carried this Informant into one Mr. Guddriges an In­keepers house In which place they kept the Informa­tion the condition aforesaid, until they had gathered all the Earl of Tyrones Friends, that were in that City, and all the Officers of the same, to see how they had hamper'd this Informant, and then, when they had satissted the scorn and contempt of the Spectators, they procured a lame little Galloway without Shoos for this Informant to ride upon, and then tying this [Page 19] Informants Legs under the said Galloways Be [...] with his hands tyed behind him▪ they carried [...] through the Town to be seen in dirision, where he had not been seen before, and so having shew'd this Informant from one end of the Town to the other for a second pastime to the Multitude, they then carried him a way to the Earl of Tyrone's house, so bound as before, where the Earl had gathered toge­ther all his Friends and Neighbours, to see the Infor­mant in that condition. Among the rest, the said Earls Mistress, by name Mrs. Mortimeer, gave to the Messenger nine Cobs sterling; that she also might have a sight of this Informant in his ignominious en­tertainment, and at the mercy of his Enemy, then the Judg of his own Cause and in his own house.

After they had kept this Informant at the Earl of Tyrones, after the manner aforesaid, to make sport for the space of two hours, then they carried him on the way to the next Garrison, which was Carrickma­shure. One Thomas Powre, the Earl of Tyrones Gen­tleman, who was at the apprehending of this Infor­mant and one of his Guard, riding before to a place called Crehanough, where dwelt the forementioned Major John Butler. His business was to desire the said Butler to meet this Informant in the way to Carrick­mashure, which he accordingly did. When he came he asked the Informant what was the matter? As though he had not known before; who answered him that for his part he did not know. The said Major Butler then asked the Informant, whether he could be spoken to in private? This Informant made answer, that that place was no place for this Infor­mant to talk in, being wet and durty with riding so far in foul ways without Boots and his Legs tyed un­der the Horses Belly. With that the said Butler [Page 20] followed this Informant to Carrickmashure, and brought with him Mr. John Ronan, before menti­oned, and Quartermaster Ely. Upon their coming into this Informants Company at his Lodging in Car­rickmashure aforesaid, the said Quartermaster Ely's first Complement was▪ That he knew the rest of the Company, but the Informant he knew not. To which this Informant answered, that he knew this Infor­mant well enough too if he pleased; but this Infor­mant told him he was indifferent whether he did or no. Upon which he the said Ely said, he knew him this Inofrmant so well, and that one Rope was too little for him.

Then Major Butler and Mr. Ronan fell to their old way of tampering with this Informant by turns, to which purpose the said Major Butler promised, that if the Informant would do as he the said Butler would have had him do before, he would follow the Informant next Morning to Kilkenny, and get him quit of all his Troubles for the future; that is to say, if he would take their former profers, and excuse the forementioned Gentlemen. And the said Major farther told this Informant, that there were some People gone before him to Kilkenny that would be very glad to bring in those Gentlemen a­foresaid to the saving of the Earl of Tyrone. But this Informant refused and scorned their offers not­withstanding the great shame and pain they put him to. Then Major Butler took this Informant by the hand and said, old friend, farewell now for evermore. Then Quarter-Master Elie began an Health to the Prosperity of the Earl of Tyrone, and to the confounding and utter subversion of all his Enemies, and forced the Health to go round.

This Ely is Quarter-Master to the Lord Lieu­tenant [Page 21] of Irelands Troop, and charged by the afore­said Mr. Macnamara in his Information, for being in the Conspiracy with the Earl of Tyrone, and one that was to have been a Major under the said Earl for the French, and confessed he was a Papist heretofore.

From Kilkenny this Informant was carried to Dub­lin, and then committed to the Messengers hands, under a Guard of Musquetiers both night and day, without the Liberty of Pen, Ink or Paper, or so much as to speak to any body, but what the Guard should understand, and in their presence; to wich end they watched in the Informants Room all night. Under which restraint, this Informant was closely kept for several days, until he was examined by hi good friend the Lord-Chief-Justice Keating. Then he Petitioned the Lord Lieutenant and Council, to send a Sum­mons for the bringing in of Mr. Sampson and Mr Ivy, &c. to the end, they might give in their Evidences, which the Informant alleaged were material. With­in a fortnight after those Gentlemen came to Dublin but none of them could be admitted to come to see the Infotmant, until they all had delivered their se­veral Informations, and then this Informant had his Liberty.

This Informant further faith, that he and the rest of the Witnesses were then bound in Recognizance to appear at Waterford Assizes next ensuing, which was to be held the tenth day of March last past. The Judges for that Circuit were Sir Richard Reynolds and Sir William Davis.

When the Assizes came to be held, the Infor­mant and the rest of the Witnesses appeared, and af­ter the usual Ceremonies of the Court, the Grand Jury was called, and then one Mr. Porter of the Earls Council, a Papist, stood up, and made a short motion to this effect. [Page 23] My Lords, here is a Peer of this Nation in Question for his Life, and then he prayed leave to appear for the Earl, which was granted for him, and Councellour Long, another Papist.

When the Jury was called, and going to be sworn, Mr. Long stood up and said, I am for the party Im­peached; and then both the Counsel and the Attur­nies of which there were three, craved liberty to accept against some of the Jury, which exceptions were made against none but Protestants.

As for the Informant he had neither Counsel nor Atturnies allowed him though often demanded the priviledge, and though the Informant and the rest of the witnesses excepted against some of the Jury, as being of kindred and Tennants, and in particu­against Paul Sherlack, Peirce Walch, and one Cary; yet upon their bare words denying themselves to be kindred or Tennants, they were admitted of the Jury, notwithstanding, that this Informant knew they were either Related to the Plotters, or concerned in the Conspiracy.

After Dinner, the Informant went to the Judges Chambers, where the said Judges swore this Infor­mant and the rest of the Witnesses, to attend the Grand Jury. In order whereunto, this Informant went, and after a tedious attendance at the Door of the Grand-Jury-Room, he prayed admittance, and desired to be heard. But the Jury told this Infor­mant, they had seen all the Informations already, and had no Orders to hear any more new thing or matter.

The next morning, this Informant being in the Judges Chamber, in came Major Richards and Cap­tain Grant, two of the Jury, who declared to Judg Reynolds, that the Bill against the Earl of Tyrone was [Page 24] found Ignoramus Whereupon, Judg Reynolds ask'd Major Richards, whether they were all agreed to it? To which he answered, that seven were for finding the Bill, and ren against it, and so they were out-Voted. However, some of the Jury were pleased to say after, that they durst not but agree with the rest, and that the Papists that were there threatned them in such a manner, that the Protestants durst not agree to what they would have them do. And so the next day the Jury brought in the Bill Ignora­mus.

Upon that, this Informant desired that the Jury might be sent for into Court, and called over one by one; & that enquiry might be made concerning the persons▪ and which were of most Value as to the Kings Interest and the Protestant Religion, whether they that were for finding the Bill, or they that voted against it? Upon which, the Judges sent for the Ju­ry, and ordered them to be called over one by one: but there were no other questions put to them, but only whether they were all agreed in their Verdict? To which, the foreman answered, they were agreed according to the way they commonly use in Juries, which was to put it to Votes. But whether it were true or no, that they left to the Judges: and so the Bill was receiv'd Ignoramus.

[Page 24]

The Names of the Jurors that were for finding the Bill.
  • William Bolton Ar.
  • Andrew Richards Ar.
  • Thomas Osborn Kt.
  • John Morris Gent.
  • Robert Whitby Gent.
  • John Stephens Gent.
  • Henry Jaques Gent.

The names of them that would not find the Bill.
  • Jaspar Grant Ar.
  • Peirce Walsh Ar.
  • Tho. Neal Gents
  • Robert Cook Gent.
  • Robert Cary Ar.
  • Michael Cary Gent.
  • Roger Cary Gent.
  • Paul Sherlock Gent.
  • Anthony Obryan Gent.
  • James Oldfield Gent.
Queries touching the Earl of Tyrones, and Mr. Bradleys Tryals.
  • 1. Whether all the Examinations taken against the said Earl, and Mr. Bradley, or either of them, befor the Lord Lieutenant and Council, on which the Lord Lieutenant and Council declared the Earl to be Guilty of High-Treason, should not have been delivered to the Grand Jury?
  • 2. Whether the Evidence for the King ought not to have been heard by the Jury, when they were sworn to that intent?
  • 3. Whether the Kings Evidence ought not to have had Council assign'd them, as well as the Party accused, who had both Council and Attornies grant­ed him according to his own desire.
  • 4. Whether the Bill could be found, or returned Ignoramus, twelve not agreeing thereto?
  • 5. Whether all those Letters mentioned in the [Page 25] Examinations, should not have been sent for and examined, when desired by the Witnesses, for the strengthning their Evidence, especially when notice was given of the place where they might be had.
  • 6. Whether those persons were sit Evidence for the King upon their Oathes, that gave it out they would clear the Party accused on their bare words?
  • 7. Whether all that were charged should not have been taken into Custody and disarm'd.
  • 8. Whether a person accused for several Treasons upon a Tryal for some, can be cleard af all, especi­ally when all the Examinations were neither heard, nor all the Witnesses known to the Jury?

This Informant further faith, that when he found that neither he nor his Witnes­ses could be heard in Ireland, he came into England, and made his Appeal to the King and Council in April last, together with another of the Witnesses, Mr. John Macnamara by name. Which being done, this Informant and the said Mr. Macnamara, were by Order of the King and Council, commanded back into Ireland, having first entered into Bond to make their appearance in Dublin, before the Lord Lieute­nant and Council within so many days after the date thereof; which we did accordingly, the last day of April, or very neer it. Ever since which time, till our second return into England, this Informant and the other Witness were delaid and kept there in such a condition, that we could not be discharg'd of our attendance, nor be made use of as we desired. Nei­ther could this Informant be allowed one Penny to­ward his charges and expences, though this Infor­mant had been forced to keep several of his Witnes­ses for several Weeks at his own costs. It being the Design of the Conspirators to hinder this Informant [Page 26] from all necessary supply and encouragement, hop­ing that at length he might be laid in Jail for Debt, or that they might lay some train to accuse him of something that might amount to the taking away his life▪ or keeping him in perpetual imprisonment; which is the more likely, for that those devices not prevailing, they thought to have done their business by Assassination▪ For, this Informant further saith, that one day, as he was coming out of the Four Courts of Dublin, one John Powre, the Earl of Tyrone's Cousin German, and a Papist, being also one that had been an Officer in France, together with no less then Thirty more, fell upon this Infor­mant, without the least provocation given by him this Informant, or so much as speaking to them one word, but only at the Instigation of the said John Powre, who cry'd to the rest, There goes that Rogue Bourk. Upon which, as upon a signal given; they all, or as many as could come at him, lay'd at this In­formant with all the fury imaginable, so that he was not only wounded and bruised in several places of his Head, but in most parts of his Body▪ And though this Informant cry'd often out for help, yet not one Person would stir to his Assistance, only a young man, that was with this Informant, kept off as many blows as he could, in so much that this Informant expected no other then Death; till at last espying a door open, he made a shift, as weak as he was, to retreat backward into an Entry, where he drew his Sword and kept them off till he got into the House: after which they had like to have murthered the young man before mentioned in revenge. Yet, all the remedy this Informant had, was to complain to Sir Robert Booth, Lord Chief Justice of the Kings Bench, who issued forth his Warrant for the appre­hending [Page 27] so many as we could tell the names of. Three were taken, the foresaid John Powre, Richard Mansfield, and John Barry, all Papists, (the rest run­ing away and not being to be found) who were bound to answer the Fact, the next ensuing Term at the Court of Kings Bench, and in the mean time to be of the good Behaviour.

And this Informant further saith, that having after a tedious and chargeable cure, at length recovered himself, being unwilling to expose himself any more to the malice of such kind of Persons, he Petition'd the Lord Lieutenant for a Pass to come for England, which his Grace was pleas'd to refuse, saying, That the Informant had gone into England already with­out his Pass, and therefore he might go or stay as he pleas'd, but for his part he would give him none. So that this Informant was forced to come for England without it, for the preservation of his life, not dar­ing to stay any longer in Ireland.


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