To the Kings Most Excellent Majesty a true and exact relation of the petitioner James Carol, in discovering the treasonable words spoke by one Thomas Allin ...

To the Kings Most Excellent Majesty a true and exact relation of the petitioner James Carol, in discovering the treasonable words spoke by one Thomas Allin ...

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To the KINGS Most Excellent MAJESTY.

To the King's most Excellent MAJESTY.

May it therefore please your Majesty, in tender Consideration of the Premises: That is,

To the KINGS Most Excellent MAJESTY.

[Page]

[Page]

A True and Exact Relation of the Proceedings of the Petitioner James Carol, in discovering the Treasonable words, spoke by one Thomas Allin, and unjust Prosecution used by the Earl of Clanriccard against the Petitioner for the same, to the Petitioners Damage above 1000 l. already; tending not only to the Petitioners utter undoing, if not speedily Relieved by your Majesty, but likewise to the discouragement of all Loyal Subjects, from discovering the like Treasons hereafter.

To the King's most Excellent MAJESTY.

[Page]

THe Petitioner, together with James Caroll the Elder, the Petitioners Father, having occasion to Travel in your Majesties Kingdome of Ireland, to buy Wool, Skins, and other Commodities relating to the Calling of your Petitioner, did on the 12th day of April 1672. arrive at Tortumlin in the County of Galloway, a Town belonging to the Earl of Clanriccard, and took up their lodging at the house of the abovenamed Thomas Allin an Innkeeper living at the Blackspread-Eagh there.

The said Thomas Allin falling into discourse with them, and supposing them to be Irish, (your Petitioners Father speaking that tongue) did demand of them What News there was abroad? to which they replyed, that they had been Travelling up and down the Countrey, but had heard no strange News, whereupon the said Allin told them in English as followeth, Viz.

If (said he) we have news that the Dutch are beaten, then my Lord of Clanriccard will presently sound a Trumpet and I will go along with him, and three or four score more of this Town, well Hors'd and well Arm'd, and every man five pounds in his pocket, and I hope I shall kill one hundred of the Protestants, Anabaptists, Independants, and such like Phanatick people, before I am killed: for I expect a Quartermasters place myself, and I will have some of them upon the point of my Sword before the last of June. And as for those that are here in this Countrey, we will soon cut them off, for they shall have no help to come from the other side of the Brook (meaning England) there shall be no shipping to come to help them, for we will cut them off in a Months time, we shall be twelve to one, we will leave them neither Root nor Branch, and not spare them as in the former Rising.

The Petitioner sitting at the Table with the said Allin, and his said Father, took out his Pocket book, and his Pen and Ink, and in his said Pocket book did write down the aforesaid words as the said Allin spoke them.

[Page] The Petitioners Father hearing the said Allin speak the words aforesaid replyed, This is strange news indeed; to which the said Allin rejoynd: Why did you not hear what was spoken at Mass last day, (Which was the Easter. Monday before) at every word cursing the English, and declaring their wicked and bloody intentions against them.

The Petitioner upon his return to Dublin, holding himself obliged in bounden duty and Allegiance to your Sacred Majesty, and natural affection to his Countrey-men the English Prorestants of that Kingdome, to make known such Treasonable words against your Majesties Crown and Dignity, did repair to Doctor Toppham a Master of Chancery there, and upon his corporal Oath, did declare to him the whole business as aforesaid.

The next day after which Declaration, your Petitioner was sent for to appear before the Lord Berkeley, your Majesties then Lord Lieutenant there, by whom he was examined concerning the premises, which he again confirmed upon three several Examinations, before the said Lord Lieutenant and your Majesties Councel there; after which he was sent for before Sir Robert Rooth Chief Justice of the Common Pleas, and by him engaged to prosecute the said Tho. Allin for the Treasonable words aforesaid.

The said Tho. Allin being sent for by a Pursevant, who mist to attach him, did soon after appear at Dublin, and with him the Earl of Clanriccard, the said Allin being examined before the said Lord Lieutenant and Councel, concerning the Treasonable words spoke by him as aforesaid, did deny the same with dreadful execrations and Oaths confirming the same, with asserting that the Petitionar was neither at his house nor at the said town of Portumlin, at the time before mentioned, whereupon the Petitioner being examined in the presence of the said Allin confirmed the Accusation aforesaid, and did further prove his being there contrary to the assertion of the said Allin, by a Bond taken at that time for performance of a Bargain of Goods the Petitioner had bought and to which one Simon Allin Brother of the said Tho. Allin, was witness, whose hand the said Tho. Allin could not deny, offering further to prove the truth of what he had asserted by his said father James Carrol, if his Excellency and Councel would please to send for him. But they being fully satisfied of the truth of the Premisses from the Petitioners circumstantial Evidence sought for no more, but then proceeded to press the said Allin to make an ingenious confession of the whole truth, telling him if he did not, it would be worse for him; But he persisting obstinately in denyal [Page] thereof twas by them ordered to be committed close Prisoner without Bail or Main-price, commanding the Goaler to take him away. Nevertheless, the said Allin was at liberty the same day, upon what motives the Petitioner troubled himself not to inquire, being satisfied that he had discharged his duty.

About two Months after, the Petitioner with his said Father, having a new occasion to travel into the said County of Galloway, arrived at the River Shanon near Portumlin aforesaid, where the wind being high, it was late before the Ferry-Boat could pass them over to Portumlin side, where arriving on a Saturday night and finding the Inhabitants of that place to gaze upon them, & to draw Tumultously together they believ'd it not safe to continue there, and though very Wet and Weary, did rather chuse to travel four Miles farther, to a lone house standing on the road to Laughrea, but six miles short of that place whether they intended to go had not the delay at the Ferry prevented them, but the next morning being the Lord's day, came into Laughrea aforesaid, about seven in the morning, and there stayed all day and night.

But very early on Monday morning (at the Instigation of the said Tho. Allin and other his accomplices) the Constable of Laughrea, with others with them, rudely throwing open their Chamber door, and affrighting the Petitioner and his said father out of their sleep, did attach them by Vertue of a Warrant from one Donnolan Steward to the said Earl of Clanriccard and Justice of Peace, on pretence of Travelling on the Sabbath day (though several of the Neighborhood had come in with Cart and Horses loden from a fair the day before, twenty Miles from thence, and were for their more Notorius travelling on the Sunday, no ways molested by them) they further Seized on a case of Pistols and two Swords belonging to this Petitioner and his said Father, lying on the Table, and only used for their defence, telling them thy believ'd they intended to kill some body with them, which Arms they never yet could get restor'd, so forcing them out of their Beds, they carried them six miles before one Justice Dean, who reproving them for travelling on the Lord's day; told them withal, that he had heard they had given in Evidence against the said Earl of Clanriccard, and so commited them to Prison to Laughrea, whither he commanded the Constable to carry them, and not to take Bail, though he pretended to this Petitioner and his said Father, they might give Bail.

In this Prison of Laughrea they remained five days without any [Page] covering but the Clothes on their backs, or any Bed to lye on; none daring all that while to relieve them (though willing enough) either by Bailing them, speaking to them, or conveying a Letter for them to Galloway, but eleven Miles thence, though they proffered any money for it, and their own Horses to ride on, being charged at their Perils to the contrary, and fearing the displeasure of the Earl of Clanriccard: The better to colour which proceeding, they Instigated some to report that the Petitioner's Father had a design to Burn the said Town of Laughrea, pretending that besides that information they had seven or eight Indictments to bring against them at Galloway Assizes. Thus they lay in that Goal, and might perhaps till this time, had not the Petitioner by strange accident out at a window, obtained the conveyance of a Letter to some friends of theirs at Galloway, who thereby understanding their sad Condition, made Application to the Judges of Assize then there, and obtained an order for their removal thither wither they were brought by the Goaler late at night, and clapt into the vildest Prison in all that Town, amongst the condemned Rogues and Malefactors, without any Accommodation.

The next morning they were brought before the Judges, where an Indictment for Travelling on the Sabboth day, was read against them both. And another Malicious one against your Petitioner's Father, for the Fictitious intent of firing Laughrea beforenamed, which no man appear'd for to make good: To the first on the Courts demands they submitted: to the last your Petitioner's Father put in a Traverse, and though no Prosecutors appeared, they were forced to give One thousand Pounds Security not to depart the Town till the end of the Assizes; at the end of which, being fifteen days after, they were again bound to their good Behaviour, and to appear the next Assizes after, which they accordingly did, though above 100 Miles from their habitations, where, after staying fifteen days more, and no evidence appearing to make good their Indictment, they were discharged by Proclamation, paying Fees: No remedy being found for so great Afflict ions, as they sustain'd by the aforesaid ernel Usage, and hard Travel, extraordinary Expences, loss of Time, and hindrance in their Callings and Business.

But as if all this malicious proceeding had been nothing, your Petitioner had not been return'd to Dublin above a week, to follow his imployment, but he was Arrested in the name of the said Earl of Clanriccard, in an Action of 10000l. on pretence that he had slandered the said Earl, to the dammage of the said Sum: And thereupon was [Page] hurryed to Prison: where, after lying four dayes, he procured Bayl, and being ready to come forth, had another Action of 20000l. in the said Earls name laid upon him, when having after two or three dayes more procured Bayl to that too, he was again detained on a third Action at the same Earls Sute for 30000l. all three amounting to Threescore thousand pounds, laid upon him utterly to ruine him, by keeping him in Prison all days of his life; but after fourteen dayes durance, your Petitioner procured by Habeas Corpus to be brought to the Common-Pleas Barr, where tendering Bayl to all the said Actions, the said Earls Councel moved to have time to consider of the sufficiency of the said Bayl, which was granted by the Court till next day, and the Petitioner remanded. But then the said Earls Councel in open Court, told the Judges that they had no advice from the said Earl to prosecute the Petitioner, and that they conceived some persons had prosecuted him out of malice, or purpose to curry fovour with the said Earl, and desired he might be set at liberty, and accordingly he was paying Fees without Bayl, but left without all remedy to recover his charges and damages, the said Earl being now declared to be no prosecutor, though the Actions were in his name.

But all this vexation suffised not, but being fully resolved on the destruction of the Petitioner, for his innocent, though zealous performance of his duty in revealing the said Treasonable words: he was again, about a week after, Arrested by a Action out of the Kings Bench at the said Earls Sute, to which he gave Bayl, and again, about a week after, was Arrested at the same Earls sute in another Action out of the said Court, to which he likewise gave Bayl: The first of which actions was dismist for Non Pros. on the second was declared that the Petitioner had slandered the said Earl, to the damage of 2000l. and though the said Action was brought in Dublin and the Declaration put in there, the said Earles Councel moved the Venne might be laid in Galloway and the Action tryed there; whereupon the said James Petitioned the Court that it might be tryed in Dublin, setting forth that Dublin was the place where he had made discovery of the Treasonable words spoken by Allin, on which the Action was grounded, that his Witness to prove Allin spake those words, was in Dublin, that Galloway was a place where the Earl was very potent, he keeping his Courts there, and above One hundred Miles from the Petitioner, and his witnesses habitation, which travel would be to his Cost, Charge, and Damage, besides, the eminent danger of his Life in coming thither from those rude and Exasperated persons that [Page] liv'd on the way: That what he had done, was in faithful discharge of his duty to your Sacred Majesty, wherein he had done the said Earl no wrong, nor never had cause to do that, if the said Earl was any ways slandered, it was by the said Thomas Allin, against whom in right and justice, he ought to take his remedy, and not against the said Petitioner. Yet notwithstanding, several Petitions, to the Effect aforesaid, preset'd to like Court, they were all over-ruled by Judge Jones, the only Judge then upon the Bench, and he forced to Travel with his Witness to Galloway, to attend the said Tryal; where arriving, he could get no Counsel for Money, to plead for him, when Petitioning the Judges to Assign him some, the Earls Counsel urged there were three at the Barr, unretain'd by the said Earl, which proving all Irish Papists: Yet the Petitioner was forced to be contented to retain them or none.

The Matter in Issue, was for the Petitioner to prove that the said Allin had spoke the Treasonable words aforesaid, which he did so well, that one of his Counsel told the Court, that the Evidence was so full, that if it had been given against a Malefactor, it had been sufficient, but was over-rul'd by Judge Jones's saying that was not the Case now, and beckoning with his hand when he spake the word, so that none of the Petitioners Counsel opened their mouth after; yet Judge Povey told the Jury that it was sufficiently proved, Allin had spoken those words: However, the Jury being some of them Outlawed, some of them Tenants, some Bayliffs, and all one way or other related to the said Earl, he himself being present at the said Tryal, brought in a Verdict against the Petitioner for 2000 l. Damages, and 6d. Cost, and hath since in Dublin, obtained Execution against the Petitioner for the same.

This Petitioner hath been since perswaded to submit himself to the said Earl, and confess his Fault, and to say that what he hath done, was at the Instigation of some others, which was his only way to be safe; else, it was added, that let the Petitioner return to Dublin which way he would, there were those related to the Earl would meet with him, & do his work for him: (This was in Galloway soon after the said Tryal) to which this Petitioner replyed, that he was never put on by any one, that what he had declared, was no more than what Allin had said: and what if he was to do again, he would do as became him in duty, but that he would take the best care of himsef he could, in returning home, trusting to God to preserve him from such as sought unjustly to do him hurt: And to that purpose finding himself [Page] often threatned and sometimes struck, in Galloway he was forced, together with his said Father, to get thence in the night, to forsake the common Road, and to go all the by ways they could, to secure their Lives, they having been since credibly informed, that they were persued by seven persons neer sixty Miles, who missing of them returned.

May it therefore please your Majesty, in tender Consideration of the Premises: That is,

First. That what the Petitioner did in discovering, the said Treasonable words, was in duty to your Majesty, and Obedience to the Law.

Secondly. That he proved the same to the full-satisfaction of your Majesties Lord Lieutenant and Councel, who else would have deservedly Committed him.

Thirdly. That his undoing by the same, tends to the Discouragement of all Loyal Persons for discovering Treasons coming to their knowledge hereafter.

Fourthly. That if the said Earls Prosecution had been just, as 'tis most notoriously otherwayes, yet his manner of proceeding against your Petitioner hath been full of all kind of violence, by suffering his Servants to prosecute him by illegal Imprisonments, Indictments, Arrests, and other ways, forcing him to so many chargeable Journeys, to the loss of his Credit, and imployment, to his Detriment above 1000 l. already, besides by a Jury of his own Creatures taken by a Tales in Court, utter strangers to the Petitioner, and therefore not to be excepted against by him, the retaining all indifferent Councel, procuring the venue to be layed where he was most powerful, &c. to procure a Verdict, Judgment, and Execution against the Petitioner, for the said Sum of Two thousand Pounds, thereby driving him from his Habitation, Aged Parents and Calling, to his utter Ruine, if not relieved by your Majesty.

All which is humbly submitted for a remedy.

FINIS.

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Information about this book

Title statement

To the Kings Most Excellent Majesty a true and exact relation of the petitioner James Carol, in discovering the treasonable words spoke by one Thomas Allin ...

Carol, James.

Edition statement

1673

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2007-01 (EEBO-TCP Phase 1).

ID [DLPS]

A34694

ID [STC]

Wing C646

ID [STC]

ESTC R36271

ID [EEBO-CITATION]

15625900

ID [OCLC]

ocm 15625900

ID [VID]

104244

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Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A34694)

Transcribed from: (Early English Books Online ; image set 104244)

Images scanned from microfilm: (Early English books, 1641-1700 ; 1183:4)

Source

— To the Kings Most Excellent Majesty a true and exact relation of the petitioner James Carol, in discovering the treasonable words spoke by one Thomas Allin ..., Carol, James..

Extent

8 p.

s.n.,. [S.l. :: 1673?]. (Wing suggests imprint of 1681; dated "1673?" by Harvard University Library--NUC pre-1956 imprints.) (Reproduction of original in the Cambridge University Library.)

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