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A56231	The vvhole triall of Connor Lord Macguire with the perfect copies of the indictment, and all the evidences against him : also the copie of Sir Philome Oneales commission, the Popes bull to the confederate Catholikes in Ireland, with many remarkable passages of the grand rebellion there, from the first rise thereof to this present : his plea of peerage, and severall answers : with the severall replies made to him / by the King's Sergeant at Law and Sergeant Roll. William Prynne, Esquire, and M. Nudigate ; and the copies of the severall testimonies brought in against him at his triall at the Kings Bench Barre ...	Enniskillen, Connor Maguire, Baron of, 1616-1645, defendant.; Prynne, William, 1600-1669.; Nudigate, M.; O'Neill, Phelim, Sir, 1604?-1653.; Catholic Church. Pope (1623-1644 : Urban VIII); England and Wales. Court of King's Bench.	1645 (1645)	Wing P4130; ESTC R212207	30,382	52

the Lord M●…guire and of the manner of the tryall upon the Indictment o●… High Treason in the Kings Bench and the Iudge is he ●…by required to proceed speedily thereupon according to Law and Iustice The Lords concurrence to be desired herein Master Recorder is appointed to carry it up Vnto this Vote of the Honourable House of Commons the House of Peeres afterwards declared their co●…currence and thereupon this ensuing Order was passed by both Houses of Parliament Di●… Lunae 10. Feb. 1644. ORdered by the Lords and Commons in Parliament Assembled that the said Houses d●…e approve of the Iudgement given by Master Iustice Bacon in over ruling the Plea of the Lord Maguire and of the ma●…er of the tryall upon the Indictment of High Treason in the Kings-Bench and the lu●…ge is hereby required to proceed speedily thereupon aco●…rdingly to Law and Iustice Iohn Browne Cler. Parl. Hen. Elsing Cler. Parl. D. C. The Triall of Connor Macguire Baron of E●…kellin in Ireland a grand Irish Rebell●… at the Kings Bench Barre On M●…nday Febr. 10. and Tu●…ay Febr. 11. 1644 ON Munday February 10 the Lord 〈◊〉 one of the chiefe Actors in that unparallel'd and unheard of Rebellion in Ireland was brought from the Tower of London by the Guard belonging thereunto unto the Kings-Bench Barre where he was arraigned by the name of Connor Macguire aliàs Cornelius Macguire Esquire for his plea of Peerage was found invalid and so declared by the Court and that opinion of the Judge was since assented unto and confirmed by both Houses of Parliament at his coming to the Ba●…re the Prisoner spake as followeth Macguire I do humbly move that I may have time allowed me by this Court to send for my Witnesses Iudge You have had a long time you were indicted about the beginning of the last Terme you might have prepared Witnesses the last Terme Mac. I did not expect a Triall Iudge You should expect it at your pe●…ill Mac. I was told when I came into the Kingdome that I might have Witnesses Iudge The proofe lies upon the Kings part Mac. Though the proofe be of the Kings part yet I must have time to cleere my selfe Iudge But if every man should ask so much time as you require he should never come to his Triall Sergeant Wh●…field Mr. Justice Bacon we know that my L. Ma●…guire was indicted here the last Terme he was arraigned at this Barre he pleaded Not guilty he could not but expect that he had then been tried if it had not been for the plea of Peerage that he then put in upon which he knows there was a deliberate dispute and he could not tell but that there would be an end before this time and if he had had any Witnesses he might have sent for them the last Terme but it is a very unusuall course especially in that he could not but expect that he should be tried before this time but then the Court did conceive this was a legall information No place is mentioned by the Prisoner where the Witnesses should be nor are they named who they are nor any particular thing that they should testifie but the proof lies cleere on our part there 's no justification in Treason if we prove that this Lord hath committed Treason there 's no justification of that by any Witnesses he can produce Iudge The Lord Grey that was L. Deputy of Ireland committed his Treasons in Ireland for which hee was brought over hither and tried here yet the Court did not stay for his sending over into Ireland for Witnesses Mac. I desire Witnesses Iudge What can your Witnesses say for you Can they say thus much That you did not conspire as this Indictment charges you that there was no taking of these Castles Can they sweare in the Negative the proofe 〈◊〉 in the Affirmative on the Kings Part Mac. They may be m●…-informed Judge Who may be ●…s-informed Mac. The Court I have been kept close prisoner a long time and could not provide my Witnesses Ser. Whitfield If we were not tied to that to nothing but his own Confession ther●…'s enough to condemne him for that he saies he was kept close prisoner he might have desired that the last Terme Sergeant Roll. If we go upon your own Examination th●… witn●…sses conc●…rring with that what can you have Judge If you had witnesses here we would hear them but to stay upon a meere verball supposall for those witnesses in Ireland they may be in that rebellion too and they will never come hither and so the matter must never come to a Tri●…ll Mac. I desire that it may be the next Terme Judge We cannot protract time they are the Kings Witnesses there are I suppose divers here many Witnesses of the Kings come out of Ireland if you will aske them any Questions for your defence you shall There are many Witnesses of the Kings that know how things were in Ireland the Court shall put them to speake Mac. I humbly desire to have a formall Triall Judge In what respect do you meane I think it is 〈◊〉 now Now you are come to be arraigned and the evidenc●… is to come in against you I conceive it is a formall one Then the Prisoner was required to hold up his hand at the Barre and it was demanded if he would challenge any of the Jur●… that were to passe upon him in matter of life an●… death Then the Jury being called he lookt upon them and challenged those which did appeare being 23. there being onely one absent being demanded whether his challenge was peremptory or no He answered it was for causes best knowne to himselfe Jury challenged Sir W●…m Brownclow Knight and Bar●… et Sir He●…ry Ro●… Sir Matthew Howl●… ●…homas Mar●… Esquire T●…omas Wilcox Esquire W●…am Lane Esquire Edward Rogers Esquire Edward Claxton Es●…uire Ric●…ard ●…achary Esquire Hump●…ey Westwood Esquire Iohn Iackson Esquire Io●… P●…wlet Gentleman Thomas Po●…ock Gent. Henry Smith Gent. Francis Child Gent. Edward Wilford Gent. William Vincent Gent. Iohn Barnes Iohn Arnold Iohn Hucksley Esquire Sir Iames Harrington Knight Thomas Moore Esquire Henry Arund●…ll Gent. Ser. Whit. The Prisoner hath challenged all the Jury that does appeare 23. appeares and he hath challenged them and his challenge is for causes best known to himself which is a peremptory challenge Truely it is that which the Law doth allow and we do not oppose it but we doe desire that wee may have another Writ returnable to morrow Judge You must have a Venire facias Ser. Whit. This cause is a cause of very great weight there are many Witnesses that have long attended in Court we are informed that some of them are gone away into I●…eland that there is the Sheriffe of Dublin and some others that are now present in Court that cannot be here if wee should deferre this Triall as the Prisoner doth desire and we do desire that it may be referred till to morrow we shall be ready to give in

This is for the King this is for no particular Person whatsoever Mac. I beseech you ●…are me in it Judge You know t●…is that the King cannot grant it without the consent of both Houses and in this case it may be put to the Jury to try upon their Oath thus farre I shall agree that if any of this Jury be to have any particular benefit in Ireland of land or goods by his Attainder it is good but if his Lands come to the King and that the King is no way bound to give it any of them it is no Challenge looke the Statute Mr. Prynne Under favour M. I B. it doth not appeare to the Court that the Prisoner hath any Lands or Goods in Ireland and therefore no such question is to be demanded of the Jury Judge You may make needlesse disputes upon it Then the Jury being accordingly required to answer upon Oath whether they had adventured or had any share in Ireland for the Rebels Land Macguire desired the Question might be whether they themselves their children or b●…others But that would not be agreed unto as being unreasonable Then the Jury following was sworne I. Carpenter John Cooper A. Cordall Rich. Atkinson Josias Hendall William Greenwood William Barnes Robert Stiles George Norfolk Edw. Hudson John VVait Esah Risby The Oath which they tooke was this You shall well and truly try and true deliverance make between our Soveraigne Lord the King and Connor Macguire Esquire now priso●…er at the Barre and a true verdict give accorging to your evidence The Jury being sworne Macguire moved that he might have a Jury of 24. to which it was answered Judge There have been 40. named Mac. Under favour I conceive I ought to be tried by 24. there were so many returned at first Iudge They returned 24. that is because if any of them did faile and some may be challenged then there might be 12. left Mac. Under favour I conceive there should be 24. now left for my Triall Iudge You are deceived in that You challenged 23. and so there were 40. more added now you have challenged 12. of this 40. and out of them there ●…emaines so many as will make up a Jury of 12. Then the Court proceeded to his T●…iall and the Indictment against him was read After which the Court proceeded saying Gentlemen of the lury Upon this Indictment he hath beene arraigned and to his arra●…gnment he hath pleaded Not guilty and thereupon put himselfe upon his Countrey and your charge is to inquire whether he be guilty of the Indictments or any of them if you finde him not guilty you are to declare it if guilty then you are to give in evidence against him M. N. M. Iudge Bacon You observe by the Record that hath been read to you that the prisoner at the Barre stands indicted of severall treasons wherein it is found That Connor Macguire c. as before in the Indictment Now Gentlemen you of the Jury if it shall be proved to you that the prisoner at the Barre is guilty of all or any of these treasons then you are to give your Evidence Then these Witnesses following were sworne to give in evidence against the Prisoner The Lord Blancy Lady Calfield Sir Arthur Loftus Sir Iohn Temple Sir VVilliam Stewart Sir Francis Hamilton Sir Edward Borla●…y Sir VVilliam Cole Sir Charles Coot Mrs. VVordrofe Iohn Carmicks VValter Gubson M. Bunbury Captain Michael Balfoure Captain Berissord Sir VVilliam Coles Testimonie S. VV. You know Sir VVilliam Cole a great many of their names which you have heard that were conspirators with this Lord what Religion were they of Sir VV. Cole They were all Papists S. VV. Who were they Sir VV. Cole The L. Macguire Sir Philom Oneale Roger Moore c. S. VV. Sir Francis Hamilton Upon what occasion was it that the Conspirators got an order to view the Magazine Sir F. Hamilton I was a Member of the House of Commons there and I remember very well there came a Message from the House of Lords to the House of Commons to let them know that there was some plot for the blowing up of the Parliament house in Ireland and they sent a Message to desire that they might search under the Parl●…ament House and there was a search made and as I remember the Lord Macguire was one of the Commi●…tee from the House of Lords made search there but what they found I do not know Afterwards they desired ●…hat they might search the castle of Dublin and other Magazines C. What was the cause Sir F. Hamilton There was a Coac●…man of m●… Lord of Straffords that had uttered so●…e big words as was given out That the Parliament House ●…uld be blowne ●…p but what was the ground I am persw●…ded in my conscience it was to know where the Store and Ammunition lay that they might know where to surprize it Sir William Stewards Testimony I was one of the Committee that was sent by the Pa●…liament and by Order from the House of Lords to search the P●…rliament house and the Lord M●…guire was one of the L●…ds they made a very strict search and then they inquired for the Kings Magazine and I believe my Lord Mac●…uire now here was one of the Committee that went to search for the House of Lords and he did search very nar●…wly and they were desirous to know where the Store was The Lord Blaneys Testimony C. Whether this search were moved by the Lord ●…ghall and what was the end of it L. Blaney So neer as I can I will give you the businesse it is so long agoe this I remember that there was one of the Lords house whethe●… it were my Lord Finghall or my L. Macary moved it I cannot certainly despose but I am sure it was one of them the occasion was one of the Earl of Straffords coachmen said he hoped to see some of the Lords blowne up for it it was about a fortnight after the Earle of Strafford was behead●…d here Thereupon they got an Order for it and so they went downe and they did not finde the powder but they made as narrow a search as ever any was I asked what the meaning was of this for we had strange censures of it our selves saies of them the L. Clamorris they are affraid of a powder-plot of the Protestants I answered that I had heard a powder-plot of the Papists but never of the Protestants in my life but if you aske the reason of it it was to assure themselves of the strength for we found by wofull experience afterwards it was their end My Lord Borlace said let them not be affraid for upon my honour there is no powder below It 's a great House the House of Commons sit on one side and the Lords on the other and the Blockhouse in the middle C. What Religion is my Lord Fingshall and my Lord Clamorris of L. B. The L. Fingshall is a Papist and Clamorris a pestiferous Papist S. VV.

Bramstone Thomas Malet In the presence of John Conyers VVilliam Ayloffe Nathanael Finch 24. June 1642. The examination of Connor Lord Macguire Baron of Eniskillin taken before Sir John Bramstone Knight Lord chiefe Justice of the Kings-Bench Who saith That he is of the age of ●…6 yeares and upwards and that he was borne in the County of Fermanagh in Ireland and saith that his Examination taken at Dublin the 26. day of March 1642 before Charles Lord Lambert and Sir Robert Meredith with his acknowledgment thereof the 22. of June before Judge Bramstone and Justice Mallet is true in such manner as in the said Examination and acknowledgement is expressed Connor Macguire The Examination of Cornelius Macguire Lord Baron of Eniskillin in Ireland taken before Isaac Pennington Esquire Lievtenant of the Tower of London and Laurence Whitaker Esquire 2. of His Majesties Justices of the Peace for the County of Middlesex the first day of October 1644. He denieth the receiving of any Letters or Messages out of England before the rebellion nor did he ever heare of any He saith he was but a meane Instrument in the designe in Ireland he confesseth he intended to seize upon the Castle of Dublin and the Magazine there and keep it till they had redr●…sse of some grievances which they purposed to propound to the Pa●…liament there one whereof was to have a tol●…ration of the Roman●… Catholike Religion Hee confesseth that he c●…me accidentally to Philip O Relyes house as he came up to Dublin and as he remembreth M●…mahon was then there and that his intention of coming up to D●…lin was to put the aforesaid designe in execution and that then and there t●…ey had speech about that designe but he remembreth not the particulars which designe was to be put in execution the 23. day of October in that year and that he was taken there that very day being Saturday upon search made for him carried before the Lords Justices examined committed and sent over into England He saith further that he made his escape out of the Tower of London upon Sunday the 18. of August l●…st about foure of the clock in the morning Laurence Whitaker Isaac Penningter Iohn Carmicks Testimony That upon the 21. of October 1641. Fergus O Howen one of the Followers of Brian Macguire Esquire came to his chamber in the castle of Eniskil●…in and after he indeavoured to bind him to keep secret a matter of great concernment which Fergus said he had to disclose and particularly to conc●…ale it from Sir William Cole and all other Englishmen This Examinate told him he would be secret so farre as it went with his Allegiance and conscience He discovered unto the said Examinate that the L. Macguire and Hugh Oge Macmahon accompanied with severall Irish-men of the Counties of Fermanagh and Monaghan did take their journeyes out of the said Counties upon the 19. and 20. dayes of October 1641. to the city of Dublin with resolution and intent to murther and kill His Highnesse Lords Justices and Coun●…ll of the Kingdome of Ireland and the rest of the Protestants there and also to Poss●… t●…emselves of the city of Dublin and to p●…t all the Protestants there likewise to the sw●…rd and that to that effect there wer●…●…ther great m●…n ●…nd others of the Papists of that Kingdome to repaire unto and meet them in Du●…lin on Saturday 23. Octob. 1641. or thereabouts and that all the Castles Fo●…ts Sea-Ports and Holds that were in the possession of the Protestants in the severall Counties and Provinces in the Kingdome of Ireland were then also designed and resolved to be surprized and taken by the Irish Papists and the Protestan●…s in every of those castles Forts Sea-ports and Holds to be then also put ●…l to the sword by the Irish Papists in Ireland in their owne severall parts and limits by men thereunto chiefly and particularly appointed by the contrivers thereof and that especially the town and castle of Eniskillin with the rest would be taken and all the Protestants in it put to the sword and therefore advised the Examinate to get himselfe and goods out of towne whereat the Examinate smiling Fergus bid him not to sleight it for he could assure those things would come to passe in seven dayes or els he would be bound to lose his head Whereupon the said Fergus O Howen departed and the Examinate acquainting Sir William Cole with it there came one Flartagh Mac Hugh a Gentleman and Freeholder of that county and affirmes to the same effect to Sir William Cole that the Plot for the surprizing of the city and castle of Dublin the castle of Eniskillin and all the castles and strengths in Ireland was to be put in full execution by the Papists October 22. and 23. 1641. throughout the said Kingdome and that Brian Mac Conaght Macguire Esquire did send him the said Flartagh Mac-Hugh to give notice and warning thereof to the said Sir William Cole whom he earnestly desired to be upon his Guard upon Friday the 22. and Saturday the 23. of October for the L. Macguire was gone with Macmahon and others that week with purpose to possesse themselves of the castle and city of Dublin and the L. Macguire had written his Letters to Con OBourke Owen O Roreicke Martagh Oge O Fantagen and others to go on with that plot in those parts and had appointed his brother Rori Macguire in his absence to command the Irish Papists of the county of Fermanagh for the surprizing of the castles and houses of the Protestants of all which Sir William advertised the Lords Justices and Councell of Ireland the same day And this Examinate ●…aith that Captain Mac-Hugh seven or eight dayes before the Rebellion ●…rke forth declared That the L. Macguire posted Letters and r●…de ●…p and downe to divers Gentlemen and others of that County to be very active in the businesse That it was averred upon the oaths of Flart●… Mac Hugh John Oge Mac Hugh a●…d Terlagh Oge Mac Hugh before the said Sir William Cole that 150 men were appointed to surp z the Castle of Enis●…n under t●… leading of D●… M●…cguire 〈◊〉 R●… M●…uire who were to murther the said Sir William Cole and his wi●… children and servants and throw them over the wall into the river and then to do the like unto the Protestants in the Towne and Corporation of Eniskillin for which service they were not on●…ly to have the spoile and riches of the said castle and town but to have also the Barony of Clanawley gr●…ted and confirmed in Fee to th●…m and their h●…ires from the said Lord Macguire and his heires The Examinate th●…n also produced a Letter written in Irish from the L. Macguire to his cosin Brian Macguire wherein taking notice that he was abundantly inclined to the English which did very much trouble him and therefore desired him to banish such thoughts out of his minde and not to pursue those resolutions which in the end might