1641 Depositions

Copy of Answer of William Lord Baron of Castle Connell

Reference: MS 829, fols 443r-446v
County: Limerick
Date: 6/9/1653
Type: Miscellaneous
Nature of Deposition: Military Action, Robbery, Confederacy

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fol. 443r

1733
<The answer of William Lord barron of Castle Connell to the seuerall chardges laid against him by some of the Aldermen & others of the Cittie of Lymericke>
The said Lord Baron saith that he receaued commands from the right honorable the supreme Concell dated vltimo decemb: to be & assist at the gennerall assembly to be held at Kilkinney the last day of Januarie, whe{re}of this deffendant demaneth his priuiledge & hopeth yor honnors will not compell him to answer the petitioners vexatious suite for that such pruivilede hath vsually & at all tymes bein granted by all the Court & Judicatur within our Quarters to the members of the gennerall assembly But if this defendant shalbe compeled to Make further answer Then the said defendant & not before saueing to him all advantadges of exception that may be taken to the <H> Manifest imperfection of the said petitioners, for answer saith that a Commission was directed to him & his assistance from the Commitie of the assembly of the prouence dated 6d August 1645 to stope commerce or tradinge with the Citty of Limericke & to hinder the Conueing of aney corne, Catle or other prouision vnto the said Citie & to vse all wayes & meanes and to doe all acts Conducteing or necesary for that seruice in persuance of an order or proclamacion from the Right honourable the suprem Councell dated the 10th of January 1644 made against som persones of this Citie for ansewr this defendant saith that by a proclamacion Comission to him directed from the said Countie dated the 16 of august 1645 a powre was to him this defendante given and to his assistance to seise vpon and take vnto [ ] thire hands the preys or Catele of the persons within the said Citie proclaimed or declared by the said order or proclamacion of the Suprem Councell the defendant alsoe saith that a Comicion was directed to him and his assistance by the Lord Generall

fol. 443v

1734
Castle hauen requireing him this defendant & his assistance to vse all wayes & Meanes possible to blocke vp the said Cittie from all Manner of releefe & likwise to annoye the said Cittie by taking of ther preys & to vse all other such wayes as this defendant & his assistance should conceaue best to the vttermost of ther power by vertue wherof & for the better effecting of the trust & authoritie to him this defendant Committed as afforesaid, he this defendant raised & made vpp three ffoote Companies & one troope of horse Concisting <I> of fower score besydes Capten Callaghanes foote Companie <symbol> Captain ffelliters Companie & Captain Dwiers troope sent to assist this defendant in the said seruice & further saith that this defendant & his assistance haue on the seauententh of August 1645 or therabouts seised vpon & surprised Six Castles neighbouring to the said Cittie, wherof some belonging to the persons proclamied or declared as afforesaid & that he this defendant for securing of the same & for the better accomplishing of the seruice sent six score men in the said Castles from the 17th day of August afforesaid vntill the 26th of 7ber following together with all the other forces ther then.
To the first & second chardge wherin Pierce Creagh fiz Andrew, Nicholas fanning & Dominicke Durie plaintiffs this defendant Confesseth to haue given direction to Captain Dwier Captain macnamra & Captin feriter & to their foote Companies for to seaze vppon the prey{es} of the afforesaid Pierce Creagh & Nicholas ffanning but deneyeth to haue given any directions for the preyes of Dominicke Durye & if any of his said goods, were taken he gaue order to redeliuer them & further saith that he gaue speciall comand vppon payne of death vnto the said two foote companies for to bringe those cattell soe seized by them to Castleconnell before Captain Lombard who then was appoynted by order of the comitties for the province to take accompt of such cattell as haue beene {s}oe seizesed vppon, which cattell beeing there brought &

fol. 444r

1735
And compted in presenc of many credible wittnesses amonted to 400 and od sheepe in all, one gelding and six cowes the receueing of all which this defendant confesseth, but for horses, Mares hoggs, or any other kinde of Cattell this defendant denieth to haue had any more then is heere <k> confessed and if any more was taken he humbly conceyueth that he ought not to be therewith charged & that these Captains who tooke them ought rather to be caled to an accompt for them then this defendant who is reddy to giue such an accompt for his receit as this honourable Comittie of the supreme Councell shall thincke fitt, regard and due Consderation being had of his seuerall orders redie to be produced vppon the heereing of this Cause And further saith that he beliueth and hath heed that a greate manny of the said sheepe were imbeazselled betweene the shouldiers and the countree people in the dreeueing of them to Castell Connell where the said Captain Lombard was expecting an accompt of soe manny as came from the Countie of Clare
<4> To the fourth charge concerninge the takeing of the goods of Ellynor Rice the defendant vtterly denyeth to haue had or taken any <L> of them, or to haue giuen any direction to the said Hugh ô Hiffernane for the taking of aney of her goods if aney such was taken by the said Hiffernane,
To the third fift & sixt chardge conceringe the goods of Doctor Dominick White and James White Alderman Gennett White alias ffilde and Cristian ffox alias she{ } both widdowes this defendant confesseth that he gaue order to his this defendant his troope of voluntiers and the foote company vnder the commannde of Captain Callaghane to sease vppon all the cattell founde vppon all the lands of the said Doctor White & James White which did belonge to them or either of them but denieth to haue giuen any direction for the takeing of any of any the cattell belonging to an{y} of the said widdowes and if any of the said widdowes cattell was seazed or taken by the said troop or foote company it is more then this defendant knoweth but he

fol. 444v

1736
but he confesseth that there came noe more to this defendant hands then fortie nyne cowes both greate and smale nyne skore sheepe & lambs or thereabouts, two Mares, two gerrans and three horsse coults of which mares and geirans this defendant did at the request of Mr doctor White his wife restore on two gerranes and one Mare to her selfe and as for the said cattell chalenged by the aforesaid two widdowes whether or not the same were taken this defendant knoweth not but denyeth that for ought knowen to him there came not any, And for further answer this defendant sayeth that he gaue speciall order to his seruants that whoe euer <M> came recomened by Mr Jordan Roche, Mr John Halie and father ffrancis Woulfe which could positiuely affirme that any of the said cattell did belonge to the well affected natiues of Lymerick that foorth with their cattell should be restored which was accordingly performed And in pursuanc of which comannd the seruants and tennants of the said Doctor White & James White Alderman whoe swore vppon oath to any of the cattell taken in the said pray as aforesaid had present restitution and he allsoe sayth that he is reddie at any tyme to giue and render an accompt of the before acknowledged cattell as this honorable Comittie shall adward regarde being had to of the former received orders
<7> To the 7th concerninge the takeing and seazing of the cattell therein deamannded of from John Stackpoll this defendant denieth to haue had or taken any but if any such were taken by Captain Dwire or his troope this defendant knoweth not and humbly prayeth as formerly
<8> To the 8th challeng concerning the cattell of Mr Doctor Thomas Arthor this defendant denieth to haue had or taken any of the said cattell & if any were sezesed or taken by the said Connor Coggne it is more then this defendant knoweth And further sayeth that he neuer gaue noe directions to the said Connor to seaze vppon any of the said doctor Arthors cattell and if he had giuen any such directions it was Justifiable buth whether or not the said cattell came or were seene vppon [ ] the land of Castell Connell this defendant knoweth not neither is it materiall if they were there seene & therefore humbly prayeth as aforesaid
<9> To the 9th demannd concerning the Cattell of Piers Creagh fitz Piers Alderman this defendant sayeth that he gaue noe {dir}ection to the said defendant in the said 9th demannd mentioned &

fol. 445r

1737
And denieth that he this defendant had nor tooke any of the Cattell therein mentioned and whether all or any of them was brought to Drombarry or Castellconnell this defendant knoweth not but sayeth if they were seizsed or brought to the said place it was Justifiable and thefore humbly prayeth as formerly
<10> To the tenth concerning the plancks complayned of by James Ronane he this defendant denieth to haue seased vppo{n} any such plancks belonging to the said Ronane but confesseth that about halfe a yeare before this comotion som of this defendants seruants did arest a quantitie of plancks belonging to one Nicholas Dowly deceased by direction from Sir John Brown{e} in whose hands this defendants lands then was, he humbly prayeth as formerly
<11> To the Elleauenth concerning the pretended demannd of <N> Ellen [ ] Stritch alias Rice widdowe this defendant sayeth and confesseth that he gaue directions to Geffery oge Boorke and Captain Redmond Boorke with one honndred ffoote to sease vppon the Cattell of lawrenc Rice but denieth to haue giuen any directions for the takeing of the said widdowe{s} Cattell if any shee had, and sayeth further that the said Cattell soe taken amountinge to 21 cowes both great & smale with the nomber of 6 or 7 plowgh Mares gerrans & a certaine parcell of Calfs came to this defendant being the proper goods & chattell of Lawrenc Rice the said widdowes Eldest sonn and one of the moste notorius incindaries of the Cittie of Lymerick and sayeth further that if the said widdow had com at any tyme to make proofe that the {said} cattell did belong to her before this distribution of the said cattell amongest the shouldiers without doubt shee should haue restitution accordinge to her testimony but came {not?}and as thus defendant is credibly informed that the said Lawrenc Rice did presently after the seaseing of the said cattell repaire to Father ffrancis Woulfe and besought his cert{ificat} to be directed to this defendant testifieing the said Cattell to b{e the} propertie of the said Rice his said Mother to the end the said Catte{ll} {to} be restored as the goods of the said widdow which Sartificat t{he} said Father woulfe denied to grant as knowing his request to b{e}

fol. 445v

1738
to be merely fraudelent therefore this defendant humbly prayeth as afoesaid
<12> To the last & 12th he denieth to haue giuen any such directions but confesseth that he herd that such a [ ] Cowe was brought & slaughtered at Castellconnell in the absenc of this defendant & vppon the plintiffs demannd this defendant gaue order to giue present satisfaction which the said plaintiff was redie to accept had not he been drawen and leade by such of the Corporation as haue Joyned in this conspiracie against the life and credit of this defendant & sayeth alsoe that all the Cowes [ ] sheepe & other cattell that came to this defendants hands as aforesaid were deliuered & deuided from tyme to tyme for the necessary substenc of the said horse and foote in obedienc of seuerall comannds to <O> him this defendant directed from the right honourable the l gennerall Castellhauen the one dated the 17th of September 1645 importinge that the said horse and foote had noe other Subsistenc for that tyme but their [ ]issision from the aduerse partie the other dated the 19th of 7ber afoesaid and this defendant further sayeth that for the neglect or omission of one or two nights provission for the said horse and foote out of the said prayes the said companies resolued to forsacke the said service as <P> by a lettre sent by Captain Callaghane to this defendant May appeere & sayeth further that he had the aduice and priuate direction allwayes of some of the Aldermen and Burgesses of this towne or Cittie of Lymerick in his proseedeing in the seruice and sayeth likewise that for the tyme this defendant was imployed in the said seruice the L gennerall Castlehauen and all other officers of the publicque whome it did concerne haue in consideration of his said imployment and of what this defendant may or should haue gott thereby stoped stoped this defendants pay and further sayeth that Captain Robart Lombard was imployed by the said comittie to take an accompt of this defendant of what or of soe many of the cattell taken as aforesaid which came vnto this defendant hands and prayeth that the same May <q> be produced and further sayeth that the said Captain Lombard write a lettre to the last years Mayor that those who formerly owned those cattell would take a course to satisfie in some manner the shouldiers and officers imployed in the said seruice & that they should haue the said Cattell at a verry easie & low rate

fol. 446r

1739
which the said Maior refused to doe as by his lettre May likewise appeere and And therefore humbly prayeth this honourbale Courte to dismisse him this defendant with his costs & damadge in this behalfe wrongfully sustained

fol. 446v

1740
The answer of the
Lord of Castell Connell
to the Supreme Concell
of Ereland

fec 6: Sept 1653 & to be
restored

Trinity College Dublin