British
Library
Papers of Walter Titley, British Resident
Minister at the Court of Denmark.
-oOo-
[Checked without
result:
·
Eg.MSS.2681—Titley Papers,
Vol. II: Letter Book, Oct. 1731-May 1734
·
Eg.MSS.2681—Titley Papers,
Vol. III: Letter Book, May 1734-1746]
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Egerton MSS 2683
Titley Papers, Vol. IV – Correspondence 1736
[fo 164]
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particular.
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Hanover
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14
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Sept
1736
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25
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Sir
As you shewed a desire while you was here, to be informed
of some things relating to the Danish Wreck in Ireland; and also
of the state of the matter concerning the Deficiency in the
Remittance of the Danish Subsidy; I send you herewith an extract
of a letter from my Brother Sr Robert Walpole upon
these two heads, with the papers he refers to, being a letter
from Mor Johnn to the Duke of Dorset, and one from
his Grace to the Duke of Newcastle upon that occasion, and also
a paper giving an Account of the business of the Danish Subsidy.
These papers are for your Information, and will give you a right
Notion of these two points, if the Danish Ministers should
mention them to you… I wish you a good journey and hope soon
to hear of your safe arrival at Copenhagen. I am just setting
out for the Göhrde and shall add no more but my being wth
greatest sincerity & affection
Dear Sir
Your most hearty friend
& most Obedient humble
Servant
H Walpole
-oOo-
[fo 165]
Copy./
Le
3. Septr 1736
I
send you herewith Monsr John’s Letter to the Duke
of Dorset. The Occasion of that Letter was, Some Persons in the
County of Kerry were accused of robbing and plundering the
Effects of the Danish Ship that was cast away upon the Coast of
Irland, some of them were tried in due form in the County of
Kerry and acquitted there, Others at the Instance of the Danish
Agents there were brought up to Dublin, and tried there at the
King’s Bench, who were likewise acquitted, upon this Legal and
formal Proceeding Monsr John thought fitt to write
this Letter to the Duke of Dorset, and I must observe to you
that the whole value, as estimated by the Danish did but very
little exceed 15,000£ Sterling, of which after all losses and
the Supposed Robbery, the Danes recovered and received above
nine thousand Pounds; few instances where such a Proportion has
ever been recovered in any Country upon the like occasion.
I
send you a short account of the Dispute between Mr
John and me upon the Affair of the Subsidies…
-oOo-
[fo 167]
Dublin
Castle 5th Febry 1735/6
My Lord
Thô the Letter from Mr. Von Johnn, the Danish
Resident, of which the inclosed is a Copy, has been some time in
my hands, I forbore to trouble your Grace about it, not doubting
but that he had presented a Memorial upon that Subject, in the
usual Manner, and consequently expecting to receive His
Majesty’s Commands upon it from your Grace. I shall make no
Remarks upon the manner in which the Letter is drawn.
I am assured by His Mãty’s principal Servants in this
Kingdom, that no Care, or Zeal has been wanting to obtain
Justice & Satisfaction to the Danes; of which long and
repeated Narratives have been communicated from time to time to
Monsr. Von Johnn; and another is now preparing, which
will enable one to lay the matter in a clear light before His
Majty.
By that Account, among other Things, it will appear that
the Money at first said to be lost and claimed by them was
15,960£.9s.6d., of which they
own to have recovered 9,287.6.0.
I must further observe to your Grace, that the Crown has
already been at the Expence of near 1000£.0s.0d.,
by sending the King’s Council, and the Solicitor in Criminal
Causes, several times into the distant County of Kerry, where
the Fact was committed; and by assisting the Danes in many other
Instances, to carry on this Prosecution at Law, which is still
depending and must occasion a further Charge to the Publick.
In the mean time, I must own, I do not know, whether it
may be proper for one in my Station, to answer the Letter of a
Danish Resident directly; and if it were, I should not take it
upon myself to do it, without first laying it before His Majesty,
and having an Opportunity to consult your Grace, and the rest of
His Majesty’s Chief Servants. I am & ca.
Dorset
Copy of the D. of Dorsets Letter to the D. of Newcastle 5 Feb: 1735/6
-oOo-
[fo 169]
My Lord
Mon
Absence pendant le Voyage que J’ay fait à Hannover à la
Suite de S.M. le Roy de la Grande Bretagne m’a mis hors d’Etât
de veiller pendant l’Eté passé sur la Suite de l’Affaire
que la Compagnie Asiatique Danoise a en Irlande, et à mon
Retour ici j’apprends à mon grande Surprise, que la dite
Compagnie est aussi maltraitée a Dublin devant le Banc du Roy,
qu’Elle l’a eté dans la Comté de Kerry, et que dans une
Affaire aussi odieuse que celle-ci, on trouve le Moyen, par
toute sorte de Fourberies et de Chicanes, de soustraire à la
Justice, et à la Punition meritée les Gens les plus
notoirement impliquéz dans le Vol de l’Argent de la Compagnie
Danoise, sans que le Gouvernement d’Irlande, malgré tant des
Protestations obligeantes de sa Part, et tant des Ordres reiteréz
de S.M. le Roy de la Grande Bretagne, se donne le moindre
Mouvement pour arrêter ce Torrent d’Injustices de d’Iniquitéz,
et pour obliger serieusement les Magistrats respectifs à
proceder avec Rigueur & Impartialité contre les Coupables,
conformement aux Dispositions des Loix.
Après tout ce que j’ay eu
l’Honneur de dire ici à vôtre Grace sur cette Matiere, et
après tous ce que j’ay dejà representé auparavant là
dessus par Ecrit au Gouvernement d’Irlande, il est aussi
inutile à Moy d’avoir Recours desormais à de nouvelles
Representations, qu’il est inuntile au Gouvernement
d’Irlande de vouloir nous persuader de ses bonnes Dispositions
pour faire administrer la Justice à la Compagnie Danoise,
tandis qu’il laisse tous les Jour entasser impunement
Injustices sur Injustices, à leur Egard, et cela jusque dans le
Capital même, et pour ainsi dire sous ses propres Yeux. Le
Crime dont il s’agit ici, my Lord, est notoire, et aussi
enorme qu’Il se puisse, et les Complices et principaux Auteurs
de cet Infame complot sont aussi connus à vôtre Grace, et aux
Seigneurs du Gouvernement, qu’à tout le reste d’Irlande.
C’est donc Justice et Satisfaction que S.M. le Roy de
Dannemarc demande pour ses Sujets, et non des Paroles. Après
avoir perdu cinq années entieres à solliciter cette Justice
dans les Formes ordinaires, il n’est plus permis de se laisser
amuser d’Avantage, et je dois declarer ici à vôtre Grace,
par ordre exprés du Roy mon Maître, que si vers la Terme
prochain de St. Hilaire, Justice n’est faite à la
Compagnie Asiatique Danoise, d’une autre Maniere, les Agents
de la dite Compagnie seront rappeléz de Dublin immediatement,
et toutes les Procedures abandonnées, aux Risques et dam
du Gouvernement d’Irlande, auquel seul les Sujets de la Grande
Bretagne qui pourront avoir le Malheur de perdre leurs Vaisseaux
sur nos Côtes auront [fo 170] à s’en
prendre, si dans leurs Malheurs ils ne rencontrent pas la Même
Faveur et Protection à l’avenir de la Part de la Cour de
Dannemarc, dont ils ont joui constamment jusqu’ici, et même
les Cas ou les Loix etoient manifestment contre Eux.
Vôtre
Grace m’ayant temoigné si souvent ici combien Elle avoit en
horreur la Maniere, dont la Compagnie Asiatique Danoise avoit été
traitté en Irlande, dans le Cours de toute cette Affaire, Je
suis pleinement convaincu, que si Elle ne peut pas venir à bout
de faire terminer cette meme Affaire d’une Maniere tolerable,
pendant q’elle est en Irlande, la Compagnie n’y a absolument
rien à esperer, et qu’il ne lui reste plus pour tante
Resource que la Justice qu’elle peut attendre de S.M. le Roy
de Dannemarc, son souverain naturel.
J’ay l’Honneur, &ca :
C.M.V. Johnn
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Londres ce
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23e.
Decembre
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1735/6
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3.
Janvier
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-oOo-
[fo 174]
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particular.
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Göhrde
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17
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September
1736
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20
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Sir,
Since I wrote you last Tuesday, and sent you several
Papers relating to the Danish Wreck in Ireland, and to the
Business of the Subsidy, I am come hither; but having neither
any Letter from you, nor any Orders from the King I have nothing
to trouble you with [from here on in code] however I
would not omit letting you know that those Papers will be made
use of in a proper manner and through the canal you was
acquainted with here [end coding]
I am
Sir
Your most humble Servant
H Walpole
-oOo-
[fo 176 – draft /copy of despatch]
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Copenhagen
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Septr 21
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1736
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Octr 2
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Sir,
I reached this place on the 19/30 past, and was honoured
yesterday with a particular Letter from Your Excellency of the
14/25, which brought disclosing for my information some inclosed
Papers relating to the business of the Danish Wreck in Ireland,
and also the to the Deficiency which has been
happened in the Remittance of the Subsidy. I humbly thank your
Exelcy for giving me these necessary Lights, by the
help of which I shall endeavour, as occasion may require, to
rectify the misapprehensions of the Danish Ministry with respect
to our proceeding in the Two
Points abovementioned.
Since my arrival here I have paid my respects to Mr.
Rosenkranz and Mr Holstein, the two Ministers of the
Council…
[fo 179]…After a short conversation
upon this subject [possible alliance against Russia], he
[Rosenkranz] changed it himself a little abruptly, and asked me
in confidence if I knew any thing of my Courts being
dissatisfied with Mr. von John. I told him that I had
not received any no order to
complain of Mr. von John <& therefore could
say nothing to it as a Minister>, but that if His Excelcy:
would let me put off the
Minister speak to him
as a private well wisher to the continuance of a good
understanding between the two Courts, I would venture to
acquaint him with what I knew of that matter, which was, that Mr.
von John whose behaviour had been extremely approved of at his
first coming to England had since his last being in Denmark
entirely altered his Conduct, and appeared at present a very
unfit person to keep up that good correspondence which was
equally desired by both Courts; & therefore I had reason to
believe the King my Master would
who wished always to live well with His Danish Majesty would be
glad <to have> that Minr: might
be removed and somebody with better intentions sent to
London in his place
stead. Upon this His Excelcy: told me in confidence
& as a very great secret that the King His Master had
received an insinuation to this purpose from Count Stolberg,
& that out of consideration for His Majty: to
show His readiness [fo 180] to take away any
obstruction to the perfect Friendsh: He sought to
maintain with Him, had accordingly resolved to remove Mr/
v. Johnn, and that by the very last Post a Letter had been
written to that Minister apprising him of the design to recall
him, and ordering him to prepare for his departure…
His Excelcy Horatio Walpole Esqr
-oOo-
[fo 182 – draft /copy of despatch]
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Copenhagen
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Septr 25
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1736
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Octr 6
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Sir,
…
[fo 184] I have the honour of a
particular Letter from Your Excelcy: of the 17/28
past, acquainting me that the Papers I received from Your Excelcy:
the Post before will be properly made use of through the private
Canal for His Danish Majtys satisfaction. I doubt not
but that method will have a very good effect, & I shall be
careful on my part to contribute what I can to it my suggesting
on all occasions the right Notion which those Papers have given
me of the Danish Wreck and the Deficiency in the Subsidy…
-oOo-
[fo 182 – draft /copy of despatch]
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Copenhagen
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Septr 28
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1736
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Octr 9
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Sir,
…
[fo 188] As to Mr von John
His Excelncy [Rosenkranz] owns that he has
endeavoured by his Letters for some time past to insinuate a
disadvantageous notion of Sr Robert Walpole’s
Ministry, which they imputed to his finding himself in some
disgrace, and perceiving that the favour which Sr
Robert had been pleased to shew them formerly was abated by the
late Disputes. In general His Excelncy: says of him
that he writes well is very active and has a cunning warm head,
but that his Imagination is apt to get the better of his
Judgment, and he uses this English Expression concerning him,
that as he tricked himself in so he has tricked himself out…
-oOo-
[fo 225 – draft /copy of despatch]
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Copenhagen
Octr
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16
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1736
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27
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Sir,
The reason of my being so particularly desirous to get
informed of the state of the Danish Company’s Affair in
Ireland as well as of the Deficiency that has happened in the
remittance of the Subsidy, was only that I might be able <at
a proper opportunity> to let the Minister here know the Truth
of those matters, which they seemed to misapprehend. Being
furnished accordingly with some lights to this purpose, I have
taken occasion in private conversations both with the Privy
Councellors & with the Secretary, Mr. Schulin, to
relate to them severally the particulars within my knowledge in
order to remove any Prejudice or false Surmise they might be
possessed with upon the points in question. And to this end,
although it has been necessary for me to mention the Letter
written by Mr. von Johnn to his Grace the Duke of
Dorset, yet I have been careful to do it in the utmost
confidence and without making any Complaint of that irregular
and indecent step. I think it my Duty to let no suspicion of a
Misunderstanding subsist, and I
am very glad I can now acquaint Your Excellcy: that
whatever notions the Danish Ministers might possibly entertain
of these matters while they were transacting, there is not the
least appearance of any ill impression remaining with them at
present.
As to the Business of the Wreck in Ireland, They say,
that when the Money saved out of the Ship was stolen and carried
off, the King of Denmark at the humble request of the Company
was pleased to interpose in the usual manner of behalf of [fo
226] His Subjects
who sought to detect the Thieves and to recover their Loss; but
that His Majesty’s intent was only to procure them
Justice according to the Legal Forms and Practice of this
Kingdom. That indeed upon the slowness of the Proceeding, which
had continued Five Years, He had often caused the Instances to
be renewed in order to put it forward; nevertheless, being
sensible that such an Inquisition could not be dispatched in
haste, and hoping that no unnecessary Delays would be admitted,
He has shewn no signs of Discontent or Uneasiness about it; nor
had ever authorised His Minister at London to apply to the Lord
Lieutenant of Ireland, to make any angry Declaration or to use
the least Sharpness upon this head either in his writings or
discourse. So that whatever had passed of this kind proceeded
purely from that Minister’s own Indiscretion; for which the
King had actually recalled Him, tho’ without letting Him know
the reason, since we had not publickly complained of His Conduct.
That for the Course of the Proceedings in Ireland, as they
appeared to be legitimate, His Danish Majesty had been satisfied
with them hitherto, and desires only that they may still go on,
& that the Government would continue to promote them in such
a manner that the Satisfaction of His Subjects and the
Punishment of the Robbers, as far as is possible, may be
obtained n the usual methods and form of Law.
I am far from desiring to slacken the course of Justice,
but must however take notice that in respect to this Affair the
Danes have great reason to be well contented; both as the
Government has used all endeavours to procure them satisfaction,
and as their Loss is likely to be but small. It so happened,
that, the Money bein
having been insured, the Proprietors soon after the Robbery was
committed came to a Composition with the Insurers at [fo
227] at the rate of
50 per Cent, and besides this they were to have over and above
all they could recover of the lost Money. The Sum reclaimed was
about 15960£ Sterling, Half of which they duly received from
the Insurers, partly English and partly Dutch, and since then
have recovered about 9287£ of what was stolen; upon the whole,
therefore, setting aside the Charges of their Pursuit, they must
rather gain than lose by this extraordinary Accident…
His Excellcy: Horatio Walpole Esqr.
-oOo-
[fo 238]
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Hanover
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26. October
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1736
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6. Novr.
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Sir,
…His Majesty was very glad to see by the former [letter
of 16/27 October] that you had employed so well the
Informations you had in your hands concerning the Business of
the Wreck in Ireland, and of the Remittance of the Subsidy; that
you had removed what wrong Impressions the Court of Denmark had
received upon these Points. It is not to be doubted but the
Course of Justice will be continued in Ireland, where, as you
will have observed, the Government itself has been at no little
Charge already in prosecuting the Offenders. And if any thing
more can be recovered the Proprietors, with what they have had
by Composition of the Insurers, will by the Account you have
given, at the last prove considerable Gainers in this Matter…
I am
Sir
Your most humble Servant
H Walpole
Mr. Titley
-oOo-
[fo
268]
Whitehall, 26th Novr. 1736
Sir
I send you now herewith for your Information, and that
you may make the proper Use of Them at your Court, Copies of
several Reports from the Judges in Ireland upon the Affair of
the Danish Wreck. These Papers will enable you to shew the great
Impartiality that has been used in the several Proceedings at
Law relative to that Business, and the particular Zeal that has
appeared from the Beginning, on the part of the Government, for
detecting the Persons concerned in the Plunder of the Danish
Treasure, and the for Protection and Relief of the Sufferers.
I shall endeavour to procure soon a particular Account of
what may have passed in that Business, since the Date of the
inclosed Papers, and shall not fail transmitting it to you, that
having the Whole in your hands, you may be furnish’d with a
full Justification of Our Conduct, and entirely satisfy the
Court of Denmark, upon that Head…
I am –
Sir
Your most humble Servant
Harrington
Mr. Titley
-oOo-
[1 – fo
269] To his Grace Lionel Duke of Dorset Lord Lieutenant
General and General Governor of Ireland
May it please Your
Grace
In obedience to Your Grace’s commands, signified to me,
by Letter from Mr. Farnaby, bearing Date the 19th
Day of Janry last, whereby I am required to send to Your Grace a
particular Account of the late Tryals in His Majesty’s Court
of King’s Bench of such Persons, as have been indicted and
tryed there for, or as privy to, conniving at, promoting or
contriving the Robbery of the Danish Silver and Effects at
Ballyheige in the County of Kerry, what evidence appeared to the
said Court for and against each of the said Persons respecting
and for what Reason they or any of them were discharged or
acquitted.
I am to acquaint Your Grace that at a General Assizes
& General Goal Delivery held at Tralee in and for the County
of Kerry the 26th Day of July 1731. David Lawler,
Thomas Cantillon & Francis Ryan were indicted, for that they
with several others upon the 4th of June in the
fourth Year of His present Majesty’s Reign at Ballyheige in
the County of Kerry burglariously broke and entered the dwelling
House of the Lady Margaret Crosby, and thence feloniously took
six Chests value 2s, and Six thousand Pounds in Money,
and two pieces of Silver weighing thirty Pounds Value One
Hundred Pounds of the Goods and Money of John Heitman, and Six
Chests value 2s. and Six Thousand Pounds in Money,
and two pieces of Silver weighing Thirty Pounds Value One
Hundred Pounds of the Goods and Money of the Asiatick Company in
Copenhagen in the Kingdom of Denmark, which said Indictment was
found by the Grand Jury at the said Assizes, and the said
Persons not being apprehended on taken, nor surrender’d
themselves to Justice, so as to stand their Tryals, but being at
large & upon their keeping, The Grand Jury at a subsequent
assizes held at Tralee in and for the said County of Kerry the
20th Day March 1731. presented the said Lawlor,
Cantillon and Ryan as Tories Robbers & Rapparees out in Arms
and upon their keeping, which presentment being returned to the
Clerk of the Council, a Proclamation issued bearing date the 22d
of Decemr. 1732 by the then Government & Council,
requiring the said several Persons to surrender themselves on or
before the 16th Day of March following, or otherwise
that he or they who did not surrender himself or themselves
pursuant to the said Proclamation should stand and were thereby
declared to be attainted of High Treason, as in and by the said
several Statutes then and now in force in this Kingdom for
suppressing Tories Robbers and Rapparees they are authorised and
empowered to do.
That notwithstanding the said Proclamation the said
Lawler, Cantillon and Ryan did not surrender themselves by ye
Time prefixed in the said Proclamation for their coming in,
whereby they and each of them were by the said Presentment and
Proclamation and Acts of Parliament attainted of High Treason.
That upon the 23d of April being the first Day
of Easter Term 1735. upon Motion in the King’s Bench by His
Majestys Attorney General, it was order’d that Writs of Heas
Corpora should issue to the Sheriff of the County of Kerry to
bring up the Bodies of the said David Lawler and Thomas
Cantillon who were then Prisoners in the Goal of the said County
of Account of their said Attainders and the said Robbery (the
said Francis Ryan being then in Custody, for the said Treason
and Robbery in His Mãty’s Goal of Newgate in the City of
Dublin) that on the 13th of May 1735. in the said
Term, the said David Lawler and [2 – fo 270]
Thomas Cantillon were in obedience to the said Writ brought to
the King’s Bench Barr by the said Sheriff, and were then
committed by the Court being attainted of High Treason and
charged with the said Burglary and Felony.
That on the 6th of June being the first Day of
last Trinity Term upon Motion of the Attorney General in the
Court of King’s Bench, a Certiorari was ordered to remove the
said Indictment against them in the said Court, which was
accordingly removed, & on the 17th of June in the
same Term all the said Persons vizt David Lawler Thomas
Cantillon & Francis Ryan were brought to the Barr, & the
Clerk of the Crown having demanded of them severally what they
had to say, why Execution of Death should not be awarded agst:
them upon the said Attainder of High Treason, They severally
pleaded His Majesty’s most gracious Pardon, which extended not
only to the said Attainder of High Treason, but also to the sd.
Indictmt: of Burglary and Felony, which Pardon was
read and allowed by the Court, but upon Motion of Mr.
Attorney Genl: before they were discharg’d out of
Custody, they were severally oblig’d to give Security to
appear the Michãs following in the Court of King’s Bench to
prosecute and give Evidence on His Mãty’s Behalf, against
Arthur Crosbie Gent:, who stood them indicted in the County of
Kerry as an Accessory before the Fact for exciting persuading
& procuring ye sd: Burglary and Felony
to be committed, which the said Arthur Crosby [sic] at
Genl: Assizes and Genl: Goal Delivery held
at Tralee in and for the County of Kerry the 22d Day
of March in the 8th: Year of His Mãty’s Reign was
indicted, for that he the 1st Day of June in ye
4th: Year of His Mãty’s Reign at Ardfert in the
County of Kerry did maliciously and feloniously excite persuade
and procure Nicholas Gloster and Denis Noonan burglariously to
break and enter the dwelling House of Lady Margaret Crosby and
thence feloniously to take Six Chests value two Shillings, Six
thousand Pounds in Money, and two Pieces of Silver weighing
Thirty Pounds value one hundred Pounds of the Goods and Money of
John Heitman, and Six Chests value two Shillings, Six Thousand
Pounds in Money, and two Pieces of Silver weighing Thirty Pounds
value one hundred Pounds of the Goods and Money of the Asiatick
Company in Copenhagen in the Kingdom of Denmark and that the
said Nicolas Gloster and Denis Noonan pursuant to the said
Persuasion Excitement and procurement of the said Arthur Crosby,
committed the said Burglary and Felony, to which Indictment the
said Arthur Crosby at the said Assizes pleaded not guilty, but
his Tryal was put off to the next Assizes.
That upon the 3d of May 1735. which was in
Easter Term last upon Motion of His Mãty’s Attorney Genl:
a Heas Corpus was ordered to the Sheriff of the County of Kerry
to bring up the Body of the said Arthur Crosby, who was then in
Custody in the Goal of the said County, and also a Certiorari to
remove the Record of the said Indictment against him and the
Proceedings thereon to His Mãty’s Court of King’s Bench.
That on the 16th Day of May in the same Term
the said Arthur Crosby was brought to the Kings Bench Barr upon
the Return of the said heãs Corpus and committed, that the sd.
Record being also removed into the King’s Bench pursuant to
the Writ of Certiorari , the said Arthur Crosby was on the 19th
Day of the said Month of May (that being the last Day of Easter
Term) brought up to the King’s Bench Barr, and he having
pleaded below at the Assizes – Mr: Attorney General
moved that a day might be appointed for his Tryal, which was
ordered by the Court to be upon Tuesday the 17th Day
[3 – fo 271] of June in the next Trinity
Term, and that the said Arthur Crosby should remain in Goal in
the mean time, & it was further ordered that process should
issue to the Sheriff of the County of Kerry to return a good and
substantial Jury for the said Tryal, That on the said 17th
Day of June (being the Day the sd: David Lawler,
Thomas Cantillon and the said James Ryan pleaded their Pardons)
the sd: Arthur Crosby was brought to the Bar of ye
said Court in Order to take his Tryal, and a full Jury
appear’d, but some of the witnesses of the Crown not appearing
that Day, the Tryal was adjourn’d to the Nineteenth, and ye
Jury prefixed to the same Day, on which Day the said Arthur
Crosby was again brought to Court, and the Jury again appear’d,
on which Day Mr. Attorney Genl: moved the
Court upon Affidavits to put off the Tryal to the then next Michãs
Term, in regard some of the Material Witnesses for the Crown
were absent and could not be then had, and the Court having
heard what the said Arthur Crosby had to object thereto the
Tryal was further put off to Thursday the 13th of
November last in the Michãs Term followg:, upon
which Adjournment of the said Tryal the said Arthur Crosby moved
the Court, that he might be bailed in the mean time, to which Mr:
Attorney Genl: & the Prosecutors Council
consenting the said Arthur Crosby enter’d into a Recognizance
with Others as his Bail to appear in His Mãty’s Court of
King’s Bench the first day of the last Michãs Term, that the
said Arthur Crosby pursuant to the said Recognizance appear’d
on ye said Day, and on the 13th Day of
Novemr: the Prosecutors and the said Arthur Crosby
being ready to go on with the said Tryal, the Court proceeded
thereon, and the Jury being sworn to try the said Indictment the
Council for the Crown in order to prove the said Arthur Crosby
guilty of the said Felony, produced and read the Record of
Conviction of the said Nicholas Gloster and Dennis Noonan at the
Assizes held at Tralee the 26th Day of July 1731. for
the sd. Burglary & Felony, which had been removed
into the said Court of King’s Bench by Certiorari.
John Shuckstoff a Dane [interpreter] as the first
Witness produced and sworn against the Prisoner the sd. Arthur
Crosby, who gave an Account of the Stranding of the Danish Ship,
and the saving the Money and great part of the Cargo, and
lodging it at the Dwelling House of Ballyheige in the County of
Kerry in which Mr. Thomas Crosby then liv’d, and
that in the Night between the fourth and fifth of June 1731 (the
said Thomas Crosby being then dead) the Burglary and felony was
committed, that about the 3d or 4th of May
preceding the Lady Margaret Crosby, Widow of the said Thomas,
and the said Arthur Crosby both of he knew, sent to him to meet
them at Ballyheige house which he did, and the Lady Margaret
Crosby and the said Arthur Crosby had some Discourse with him
about a Bond which they had offer’d him in Payment for some
Iron, that had been saved out of the said Danish Ship, which She
had agreed for, but that he refused to accept of a Bond; That
Lady Margaret Crosby and the Prisoner going into the Parlour in
the sd. House called him to Them, and there the
Prisoner Arthur Crosby told him that he heard a Design was
formed to robb the Danes of their Money, and the sd.
Lady Margaret & ye Prisoner proposed that the
Chests with the Money should be removed from ye Place
they were then in, & put into other Places of greater
Security, but he apprehending the money [4 – fo
272] safer where it was, said he did not agree to the
proposal, but said he would tell ye Captain of the
Ship of it, which he accordingly did who told him he did not
know of a safer place in Ballyheige than where ye
Money was then lodged; That he ye said Shuckstoff
desired ye Prisoner Arthur Crosby upon his telling
him of this design, to let him know from whom he heard that this
Robbery was intended to be committed, that it might be trace,
and the persons taken up, as was the Custom in Denmark, To which
the Prisoner said no, no, for that it would be a scandal to have
his Name mentioned, as one that would inform, To which the said
Shuckstoff said, he replyed in these Words, I think says he the
Gentleman shou’d be mention’d for his Honour in detecting
such a Villany.
The next Witness was, Thomas Cantillon, one of the
Persons who was pardon’d, & being sworn, gave in Evidence
that he knew of ye Robbery, that he and some young
men wanted a Purse of Money, & they attacked ye
House where ye Money of ye Danes was, and
took it, that David Lawler, Francis Ryan & he ye
Witness were ye Persons who contrived ye
said Robbery, & that They were at ye head and
foot of it, as he expressed himself; he said they met in March
& April preceding ye Robbery several times about
it, but could not agree upon ye method, that at last,
having settled all things, the Night was fixed on for the
Execution, but it was deferred once or twice after, on account
that some of their Party did not meet them, but at last ye
Robbery was committed in June & ye said Cantilon
being asked whether it was deferr’d on account of any Message
that was sent from some Person in ye House at
Ballyheige, he said it was not, and that he never heard, nor did
he believe that any Message was sent, and the sd:
Cantillon being asked if he knew the Prisoner Arthur Crosby and
whether he had any discourse with him about ye Danes
he said he had known ye Prisoner for some time but it
was only by Eye-sight, and that he never had any discourse or a
word with ye Prisoner about ye Danes or ye
Robbery or any thing relating to it before it was committed. he
said that being proclaimed as a Tory & Robber, he was so
reduced that he was obliged to live upon his poor Neighbours,
& to exact Victuals from them, he & his Family being in
a starving Condition; That whilst he was under these
Circumstances one George Birch Brother to Richard Birch who was
Seneschall to ye El: of Kerry, came to him
& informed him that he was sent from ye El:
of Kerry to acquaint him, that if he would surrender himself and
do Service, he should have his Arrears of Rent remitted &
should have his Farm renewed which he held under Birch, who was
a Tennant to Mr: Fizt:Maurice. That upon
these promises and in regard to the miserable condition he &
his Family were in at that time he told him he wou’d do what
the El: desired, and accordingly he went to Lixnaw to
Lord Kerry & there surrendered himself, and gave in his
Examinations to Lord Kerry, his son Mr: Fitz Maurice
and Samuel Morris Esqr: Justices of the Peace for the
said County of Kerry, and being asked by the Prisoner Arthur
Crosby whether he mention’d his Name in those Examinations, he
said he did not, nor any thing relating to him but that in an
Examination given afterwards to Colonel Denny and the said Mr:
Fitz Maurice he did, and said that neither the said Lord Kerry
or his Son mentioned the Prisoner or any of his Name, he said
that after he had given in his Examinations at Lixnaw he was
confined there 2. nights & being in ye Garden
behind Ld: Kerry’s House with Shuckstoff ye
former Witness, One Fitz Gerald & a Constable, Colonel Denny
came up to Them and asked [5 – fo 273] which
was Cantillon, Shuckstoff pointed to him, upon which Colonel
Denny said Cantillon, how came you to disoblige Lord Kerry, to
which he said he answered, that he never did, that then the
Colonel asked him some Questions about the Prisoner which he
said he could not Answer, upon which Colonel Denny said don’t
you know that I am Knight of the Shire of this County & if
you don’t give information against the Prisoner I’ll hang
you at the next Assizes, that the said Cantillon then answered
& said that he cou’d say anything of him, and that Colonel
Denny then replied, I’ll refresh your Memory, upon which
Shuckstoff the former Witness (who was standing by Cantillon on
the Table in the Court where he stood to give his Evidence) said,
no, he did not say I’ll refresh your Memory, but refresh your
Memory, Cantillon thereupon said that the Words were I’ll
refresh your Memory, for says Cantillon the Colonel added these
Words did not Lawler and you meet Arthur Crosby on a Sunday
morning in ye Garden with his Cap on, to which
Cantillon said he answered and told him he never did, that after
this discourse they parted and he Cantillon was committed
Prisoner to Tralee Goal where he found David Lawler in Custody
committed as being a proclaimed Tory & attainted of high
Treason, that the said Lawler and he being often together in the
said Goal, Lawler inform’d Cantillon that he had sworn
Exanminations before Mr: Fitz Maurice & Coll:
Denny two Justices of the Peace against Arthur Crosby, &
told him the Substance of what he had sworn against him &
said to Cantillon that is he did swear against him he cou’d
not save his Life; That some time after, Cantillon and he was
carried to Colonel Denny’s House in Tralee, where he gave in
also is Examinations against the Prisoner before the said Mr:
Fitz Maurice and Coll: Denny, which he did to save
his Life being also a proclaimed Tory, but that after he had
obtained his Majesty’s Pardon for ye said Treason
& Robbery being carried by ye Danes before Mr.
Justice Ward one of ye Judges of ye
King’s Bench to give in like Examination, as he had done
before he was pardon’d to Mr: Fitz Maurice &
Coll: Denny he refused to give it, and appealed to
Judge Ward then sitting in ye Bench, if the Truth was
not so.
John Heitman Junr. the next Witness produced
& sworn proved David Lawler to be dead, upon which Mr:
Attorney Genl: & ye King’s Council
offered ye aforesaid Examination of Lawler’s proved
to be taken by ye sd: Mr:
FitzMaurice & Coll: Denny, to the reading of
which the Prisoner objected, for that at the time of giving in
and swearing ye sd: Examination Lawler was
in Prison under an Attainder of High Treason for not
surrendering himself pursuant to the said Proclamation, &
also stood indicted for the aforesaid Burglary and Felony which
Facts being proved to the Court, the said Examination of
Lawler’s was not admitted to be given in Evidence.
Francis Ryan was next produced as a Witness for the Crown
who being sworn, said, that he knew the Prisoner at the Bar
Arthur Crosby, and that he knew Cantillon the former Witness,
that he also knew Gloster and Nooane who were convicted of this
Burglary and Felony, and being asked what he knew of ye
Prisoner Arthur Crosby’s being in any way concern’d in
exciting or perswading the said Robbery, he said he knew nothing
of it but by hear say, & that he had nothing to say against
ye Prisoner.
Mary Clifford was next called as a Witness who appeared
but [fo 274] the Council for the Crown
declined examining her.
Upon this Evidence the Council for the Crown rested,
& the Prisoner Arthur Crosby being called upon to make his
defence he acquainted ye Court that tho’ he had
Witnesses to produce, yet apprehending that ye
Witnesses for ye Crown had sworn nothing against him
to fix this Crime upon him for which he stood indicted, that he
would not take up ye time of ye Court, and
submitted his Case to ye Jury upon ye
Testimony of ye Witnesses produced against him.
Whereupon Mr: Justice Ward began to Sum up the
Evidence, it being ye constant Usage in the King’s
Bench here for ye second Judge of the Court in all
cases of Felony, to Summ it up, but ye King’s
Council saying there was no occasion for it, there not being
sufficient Evidence to charge ye Prisoner with this
Crime ye Jury retired and in a very little time
return’d & gave in their Verdict that the Prisoner Arthur
Crosby was not Guilty, and no Motion being afterwards made by
the King’s Council in Arrest of Judgement, or to quash ye
Indictment or any further accusation or charge exhibited against
him by ye Prosecutors the said Arthur Crosby was
discharged.
I am further to acquaint your Grace that after the said
Jury had returned their Verdict Mr: Attorney General
moved the Court that Thomas Cantillon the Witness might not e
discharged, unless he gave in Bail to appear at the last day of
the Term, for that he intended to have him indicted for Perjury
in the Testimony he gave that day in Court, against the said
Arthur Crosby, and the said Thomas Cantillon having no Bail then
in Court he was committed to Goal, where he continued to the
last day of the said Term, upon which day an Indictment was
found against ye said Cantillon by the Grand Jury of
the County of Dublin for Perjury, in sweating upon the Tryal of
the said Arthur Crosby that he the said Thomas Cantillon had no
discourse with ye said Arthur Crosby about ye
Danes from ye time they came into this Kingdom to ye
Time ye Danish Money was burglariously &
feloniously taken & carried away, and also for swearing upon
ye said Tryal tat Arther Denny Esqr. in or
about ye Month of May then last part in the Garden of
the Rt: Honble: Thos: El:
of Kerry at Lixnamw in the County of Kerry said to the said Thos:
Cantillon , that if he the said Thos: Cantillon would
not swear against the said Arthur Crosby that he the said Arthur
Denny would procure the sd: Thos:
Cantillon to be hanged at ye next Assizes, to which
Indictment the said Thomas Cantillon being brought to ye
Bar of ye said Court pleaded not guilty, & having
no Bail then ready to give for his Appearance in last Hillary
Term, he was ordered to remain in Custody, upon which he applied
to the Court & insisting that his Crime was by Law bailable,
moved for a Rule to be made that he might be admitted to give
Bail before one of the Judges of Kings Bench after the Term, for
his Appearance the first day of the said Hillary Term and no
other crime or charge appearing against him nor opposed by the
Prosecutors a Rule was made to that purpose but no motion was
made by ye Prosecutors Council nor any application by
the Prisnoer that a Day should be appointed for his Tryal. That
some time after ye Term the said Thomas [fo
275] Cantillon procured Bail before Mr. Justice
Ward, one of the Judges of His Majesty’s said Court of
King’s Bench, for his appearance in the said Court, pursuant
to the said Rule, and then obtained an order from ye
said Judge for his inlargement, which Recognizance was returned
to the Court of King’s Bench. That upon the first day of
Hillary Term being the 23d day of January last and
three or four several days after the said Thomas Cantillon was
called in Court upon the said Recognizance, but he did not
appear until Saturday the 31st day of January and was
then ordered into Custody; That upon Tuesday the 3d.
day of this Instant February, upon Motion of Mr:
Attorney General Tuesday the 10th of this Month was
appointed for the Tryal of the said Cantillon upon the said
Indictment of Perjury, That upon Monday the 9th the
day before the said Tryal was to come on, the said Thomas
Cantillon moved the Court upon an Affidavit setting forth that,
upon the 18th day of January last he left his
Habitation in Kerry in order to appear in ye King’s
Bench the first day of this Hillary Term pursuant to the said
Recognizance, that on the road near Maryborough his Horse fell
under him, by which fall he was so bruised that he was delayed
in his Journey & could not get to Dublin till the 2d.
day of this Term, & then gave notice to his Bail, that he
had several material Witnesses living in the County of Kerry one
hundred Miles distant from the City of Dublin which being so
remote he could not possibly have Them to Town to appear on the
10th day of this instant February, but will have Them
in Town the next Term and will be then ready to stand his Tryal,
which Motion for putting off the said Tryal not being opposed by
his Mãty’s Attorney General or the Prosecutors, who had
notice of the said Motion, the said Tryal was put off to Friday
the 14th day of May in the next Easter Term, &
the said Cantillon was continued in Custody.
I am also to acquaint Your Grace that on the 16th
day of May, which was in last Easter Ter, 1735. [? 1734]
upon Motion of Mr: Attorney General a Certiorari was
ordered to remove ye Record of an Indictment for
Felony, found by the Grand Jury of the County of Kerry, at a
General Assizes and General Goal Delivery held at Tralee in and
for the sd: County the 22d. day of March
in the 8th Year of the Reign of his present Mãty
against Thos: Crosby Gent. For that he the said
Thomas Crosby the 5th day of June in the 4th
Year of his Majesty’s Reign, well knowing that Daniel Connor,
Denis Noonan and Nicholas Gloster, with several other Persons
unknown, did burglariously break & enter ye
dwelling House of Lady Margaret Crosby on the 4th day
of the said Month of June in the 4th Year of his
Majesty’s Reign at Ballyheige in the said County and did
thence feloniously take six Chests value 2s. six
Thousand Pounds in Money, and two pieces of Silver weighing
thirty Pounds Value One Hundred Pounds of ye Goods
and Money of John Heitman, & Six Chests value 2s.
Six Thousand Pounds in Money, and two pieces [fo
276] of Silver weighing Thirty Pounds Value one hundred
Pounds of ye Goods and Money of the Asiatick Company
in Copenhagen in the Kingdom of Denmark did feloniously and
knowingly receive them at Ballysheen in the said County, which
Motion was grounded upon the Certificate of the Deputy Clerk of
the Crown of the said County in order to Outlaw him, the said
Clerk of the Crown having certified that the said Thomas Crosby
was not apprehended or taken for the said Crime; not had
surrendered himself to abide his Tryal, that the said Certiorari
was accordingly issued, and on the 18th day of the
said Month of May the said Certiorari with the Record of the
said Indictment was returned to the Court, and the Deputy Clerk
of the Crown in the King’s Bench was order’d by the Cory to
issue the usual Process to an Outlawry which has accordingly
been issued and the Exigent is returnable next Trinity Term.
I am further to acquaint Your Grace that there has been
no Tryal of nor any other Proceedings in His Mãty’s Court of
King’s Bench against any Person or Persons for, or on Account
of the Robbery of the said Danish Silver or Effects, or as being
privy to conniving at, promoting or contriving the sd:
Robbery or any Ways relating to or concerning the same to the
end of this last Hillary Term but as aforesaid.
Which is humbly submitted to your Grace
this 19th Day of Febry 1735 [/6]
John Rogerson
Copy/
Copy of Lord Chief
Justice Rogerson’s Report
19. Febry
1735
in ye D. of
Dorset’s Ltre of 16 March 1735/6
-oOo-
[fo 278]
Dublin
Castle 16th March 1735/6
My Lord
Inclosed I transmit to your Grace a Narrative of the
whole Proceedings in the Affair complain’d of by the Danish
Resident, which I promised in my Letter of the 4th
inst. You will perceive, by the variety of the Matters
contain’d in it, that some time was necessary to prepare it,
and to draw the account into as narrow a compass, as the nature
of it would allow.
I take the very first opportunity to send these Papers to
Your Grace, in order to be laid before His Majesty, being
unwilling to wait longer for another which is now preparing by
the Judges of the King’s Bench, with which I shall beg leave
to trouble Your Grace as soon as they have delivered it to me.
I am with great truth & respect
My Lord
Your Grace’s
Most obedient
Humble Servant
Dorset
Duke of Newcastle
-oOo-
[fo 280]
A NARRATIVE of the Proceedings in relation to the
Robbery of the Silver & Effects belonging to the Danish
Asiatick Company, taken at Ballyheige in the County of Kerry in
the Kingdom or Ireland
The Commissioners of His Mãty’s Revenues on the 7th
of November 1730. laid before the Lords Justices of the said
Kingdom a Letter they received from Mr. Chute
Collector at Tralee, dated the 31st of October
preceeding [sic], giving an Account of the Stranding of
the said Ship near the House of Mr. Thomas Crosbie,
who had taken Care of the Ship and Cargo.
Upon this Information their Excellencies ordered a Letter
of Thanks to Mr. Crosbie for his Care, and sent
Orders to the High Sheriff of the County, and the Commanding
Officers of His Majesty’s Forces at Dingle and Tralee, to
assist him in preserving the Effects of the said Ship, if there
was occasion: And when there arose some dispute as to the
Quantum of the Salvage, there was a Letter sent by the Lords
Justices Order to the Commissioners of the Revenue, to take
Care, that no more might be exacted on that Account, than what
was due by Law and Custom in such Cases.
During this time Mr. Crosbie died, and upon
the 12th of June 1731, being some months after his
Death, the Commissioners of the Revenue laid before the Lords
Justices the Intelligence they had received of the Robbery of
the Silver comitted [sic] at Lady Margaret Crosbie’s
House at Ballyheige, & soon after other Accounts came of the
same nature.
Upon the very first news, the Lords Justices caused
Letters to be written to the High Sheriffs & to Mr.
Blennerhasset and Mr. Denny two of the principal
Gentlemen, and Members of Parliament, of ye County to
use their utmost Care and Diligence to apprehend the Offenders
in Order to bring them to Punishment, and to Retrieve as much as
possible of the Silver that was taken away; & give [sic]
new Orders to ye Commanding Officers of His Mãty’s
Forces to assist them: Their Excellencies also sent Directions
the same day to the Commissioners of the Revenue for them to
Order the Officers of His Majesty’s Customs to be diligent and
assisting to the High Sheriff and other Gentlemen in discovering
the Robbers & recovering the sd. Silver.
Upon the 13. of the same month, their Excellencies had an
Account of this Robbery by Letter of the 8th from the
High Sheriff Sr. Maurice Crosbie and several other
Justices of that County, but observing that none of ye
Persons who committed the Fact were apprehended or any
Examinations taken & returned by the said Gentlemen [fo
281], their Excellencies ordered a Letter to be sent to them
dated the 15th Signifying their Surprize that no
discovery was made of the Persons guilty of that notorious
Crime, when several of them, as their Excy’s. were
informed, lived at Ballyheige & Tralee.
Their Excellencies having received a Letter from the
Honorable Mr. Southwell, dated 10th June
1731. giving an Account of his apprehending of James Anderson
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