Deposition of Thomas Kennedie

fol. 70r

1206
Thomas Kennedie gent sonn of Robert Kennedy late of Balligarny in the County of Wickloe Esquire sworne and examined sayth
That about the 3 or 24th of november last there appeared before the howse of Balligarnie in the Countie of wickloe about the number of 200 men in warlike manner arraid about 8 or 9 of the Clocke in the morning vnder the Commaund of Captaine Barnaby Toole sonne vnto Colonell Luke Toole & Captaine Art Bri e n mc Callowe Birne of Knockdrite in the countie of wicklowe (as hee afterwardes vnderstood) and the bodie of the Armye makeing <A> a stand about a muskett shott or something more from the howse, Barnaby Tynon of the Towne of wickloe & Art mc Gerrald Birne of Knocksadagh came vnto the Capitall howse of Balligarnie and seeing this examinate and his Vncle Charles Smith vppon the Plattforme of the said howse called vnto them and desired to speake with them assuring them that there should be noe violence nor wrong offered vnto them, wherevpon this examinante and his vncle came downe vnto them to knowe what was the cause of their comeinge whoe told them they were sent from Captaine Toole & Captaine Birne to demaund the possession of the said howse Wherevpon this examinante desired to speake with the Captaines themselves, whoe afterwardes comeing neere vnto the said howse said they were sent from Colonell Luke Toole to demaund the possession of the said howse the examinante tould them hee would give them noe possession of the said howse nor any other answere <B> vntill the examinante spoke with Colonell Toole himselfe, and then they desired they might quarter their men in the Towne that night vntill the Colonell came, which the examinante having noe strength nor meanes to resist them seemed willing to yeeld vnto, provided that they would keepe faire quarter and neither spoile nor praye vpon man nor beast which they promised to doe but failed to observe, for that as soone as they came to the Towne the Common souldiers killed sundrye Cattell for provision for the Armye, And then next daie following Colonell Toole himselfe came with more men vnto the said Towne and brought a ffeild peece with him and planted it on the hill on the south side of the said howse and then sent to this examinante and his vncle to come and speake with him promising that they should come safe and returne safe, wherevpon the examinante and his vncle came vnto him to a howse in the towne where after some discourse the said Colonell told them that the cause of his comeing was t{o} <C> fight in the Catholique cause telling them that if the examinante and his ffather would turne Catholiques that then hee would depart from him otherwise that hee would take possession of the howse and land and keepe them vntill hee should otherwise dispose of it to which this examinante replyed that as for matters of religion hee would not dispute of it, And that he{e} and his father did intend to continue in the religion they did professe And as for

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for the howse & land hee knewe noe bodie had better title to them then his ffather for that hee had dearlie bought & paid for it wherevpon hee replyed Wee have noe Chancery here to trie the title but if you yeald it not by faire meanes Lett everie man stand vppon his owne guard and wee will gett it as wee can; Wherevpon the examinante seeing noe possibilitie to defend the said howse against such a multitude this examinantes vncle demaunded what quarter they would give them, whoe told them they should departe with their lives this examinante and his vncle to have their swords girt about them and a couple of naggs for themselves to carry them awaie which was accepted Wherevppon <A> the said Luke Toole with divers others came and tooke possession of the said howse and of all his ffathers goods stock of Cattell and corne: And further saith that hee did observe to come into the said howse and towne at that time together with the said Luke Toole besides the persons before named these whose names ensue which were well knowne vnto him vizt: Edmond Birne of the Downe in Com Wicklowe, Charles alias Cahire mc Brien Birne of Toinmore in Com predict Charles alias Cahire mc Art Birne of Balliegan anRonan in Com predict Rich mc Art Birne de eadem, Edmond mc Melaughlin Birne of Killaughter in <B> Com predict, William Doyle of ffort Chichester in Com Wexford ffarroll ô Collane of the Mooine in Com Wicklowe, Phelim mc Art Birne of Ballinastoye in Com Wicklowe, Walter Boy Birne of the Newrath in Com Wicklowe and Murtagh Doyle alias Gowe of Monalline with sundrie others whose names hee knoweth not, and further saith not
Tho: Kennedy
Jur xxiijo ffebr 1641
Joh Watson
John Sterne

fol. 71r

1208

fol. 71v

1209

{62 Wickloe 59 [58]}
Tho: Kennedy xxiijo ffebr 1641
Cert for his father
Intr 24 No

59