Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	king_n	lord_n	treason_n	2,059	5	9.0913	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

question whether you ought to be tried by your Peers in Ireland or a Jury here the Court did so far deliberate in it as to allow you Counsell to plead with the best advantage you could And afterwards this Terme there hath been two arguments at the Barre on each side where hath been said as much for you as can be The Court ouer ruled that and so you are tried by a Jury and you had the Liberty to challenge them and had all the advantages that the Law will afford and take all the excep●…s you could Truely for my part I see that there is not any one of them for me to sway the Judgement T●…e Treason and the Offences that you are charged withall are very hai●…ous your crimes very impio●… great destruction hath followed upon your plot which the Jury have found you guilty of What a mighty cruel war and great devastation in that Kingdome most horrid to speak or rehearse It is sitter for you now to be thinke your selfe what your offences are and prepare your selfe for death rather then seek to mask or put colours upon those things which are so manifestly proved to all the world And now you are found guilty and therefore there is no contradiction or gainsaying will avail you you ought to repent and pray to God to forgive that offence wheof you are guilty The judgement that I am by the Law to pronounce against you is this Connor Maguire Esquire You being found guilty of the Treasons whereof you are indicted your Judgement is That you shall bee carried from hence to the place from whence you came that is the Tower and from thence to Tiburne the place of execution and there you shall be hanged by the neck and cut downe alive your bowels taken out and burnt before your face your head to be cut off your body to be divided into four quarters and the head of your body to be set up and disposed of as the State shal appoint And the Lord have mercy upon your soule After judgment pronounced the Kings Councell demanded of him whether he would have any Ministers come to him to prepare him for his end and to advise him for the good of his soul Macg. I desire none of them but I desire I may be sent Prisoner to Newgate Counc His reason is because there are some Popish Priests there Iudg. That cannot be your judgement is to return to the Tower where you may have Ministers if you please to return to advise you for your soul Macg. I desire you that some Gentlemen of my own Religion may have accesse to me to conferre with me and some who are my fellow Prisoners in the Tower to speak with me in my Keepers presence Iudg. You must name some body in perticular Macg. I desire to conferre with Mr. Walter Mountague Belike he knew him to be a Popish Priest or Jesuite Iudg. You must prepare your selfe to die against Saturday next Macg. I desire a fortnights time to prepare my self J●…g That 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Macg. I desire you tha●… I may h●… three dayes notice at least to prepar●… my self Judg. You shall have three dayes warning but however delay no time to prepare your s●…f Macg. I desire my execution may be altered and not according to the judgement and that I may ●…ot be hanged and quartered Judg. This li●…s not in my power to grant but here are some Members of the House of Commons in Court and you were best addresse your self to them that they may acquaint the House with your desires Macg. I shall desire the Gentlemen of the House of Commons so many as are here to move the House in my behalf that I may have a ●…ortnights time to prepare my self and that the manner of my execution ●…y be changed S●…r 〈◊〉 Clot●… My Lord I have been your Schoole-fellow 〈◊〉 and have sound some ingenuity in you and I have se●…n some L●…tters of yours imp●…rting some remorse of conscience in you for this ●…ct and I should be glad to discern the like ingenuity in you ●…till And shall move the Hous●… that you may have some Ministers appointed to come to you and likewise acquaint them with your other desir●…s Then the prisoner d●…rting from the Barre Mr. Prynne advising him to conferre with some godly Ministers for the good and comfort of his soul He answered That he would have none at all unlesse he might ●…ave some Romish Pri●…sts of his own Religion To which Mr. Pr●… 〈◊〉 My Lord these Romish Priests are the chief Instruments who have advised you to plot and perpetrate those 〈◊〉 Tr●…asons for which you are now condemned and have brought upon you that shamefull judgement of a Traitor the execution whereof you even now so earnestly deprecat●…d Since then they have proved such evill destructive Counsellors to you in your life you have great reason to disclaim them with their bloody religion and to s●…k out better advisers for you at your death lest you eternally lose your soul as well as your life for the bloud of those many thousand ●…nnocents which have been shed by your meanes To which he pawsing a little answered That he was resolved in his way Whereupon another Lawyer said My Lord you were best to hear both sides To which he answered in an obstinate manner I am setled on one side ●…ready and therefore I desire not to con●…rre with any of the other And so departed through the Hall towards the Tower the people cro●…ding and running about to behold his person After the sentence pronounced against the Lord Macguire as before said he petition●…d the Parliament As followeth To the Right Honourable the Commons now assembled in Parliament The Humble Petition of the Lord MACGUIRE Humbly sheweth THat your Petitioner stands cond●…d 〈◊〉 〈◊〉 life 〈◊〉 〈◊〉 〈◊〉 〈◊〉 drawn hanged and quartere●… the performa●…ce 〈◊〉 he 〈◊〉 conceives in some 〈◊〉 favourable 〈◊〉 will be 〈◊〉 to Iustice And for as much as your Pet●…r h●…th hitherto en●…oyed the Degree and Dignity of a Lord which h●… humbly conceives your Lordships are well ●…quainted with In tender consideration whereof he desireth that your Honours would graciously be pleased in mercy to mitigate the rigo●…r of his sentence and turne it to that degree which most befits the 〈◊〉 〈◊〉 hath And as he hath been looked on by the eye o●…●…ustice in ●…is condem●…tion So t●… in this p●…cular he may be 〈◊〉 an●… have mercy And he shall ever pray c. Cornelius Maguire This Petition was rejected by the Parliament and the Lord Macguire hanged d●…awn and quartered at Tyburn on Thursday Feb. 20. According to the sentence of the Court Sir Philim Roe O Neille his Pattent to Bryan Maguire Es to b●… Governour of the County of Ferman●…gh dated 10th May 1642. FOrasmuch as for the great trust confidence fidelity circumspective conscionable righteous care and diligence we repose in our trustie and welbeloved friend and Cozen Bryan Mae Cochonaght Maguier of Clanawly in the County of Fermannagh Es. Have by these presents constituted nominated ordained and appointed like as by these our Letters pattents do constitute nominate ordaine and appoint him the said Bryan Mac Cochonagh Maguyre to be our Governour in and throughout the whole County of Fermannagh aforesaid hereby granting and giving him full power and authoritie to execute fulfill perform and do all such Act and Acts thing and things whatsoever to the place and office of Governour any wayes appertaining aswell for the common good as for the upholding and maintaining of his Majesties●… rerogative his Crown and dignitie And the upholding and maintaining of the ancient holy Catholike Romane Religion hereby also ratifying allowing and confirming all such Act and Acts thing and things whatsoever by our said Governour done and performed according to the true purport meaning and intent of these our Letters Pattents during our pleasure in as ample and large manner as if we had doe the same in our own proper person Given under our hand and seal this eleventh day of May Anno. Dom. 1642. For Bryan Mac Cochonaght Maguire Governour of Fermannagh these Phe. O Neill Cop vera William Cole FINIS 〈◊〉

and not bee Armed as becommeth And wee require the said governours and other Officers aforesaid at their perills to make due returne unto the generall Assemblie now neer at hand or unto us in a faire booke fairely written of the number names ●…r-names Armes Amunition defaults and fines aforesaid at the furthest by the sixth day of the moneth of August Given at Kilkeney the 6. of July 1644. Mount-Garret Fz. Tho. Dublin Autrim Nettevill Arthur Iveagh John Cloynfect Tho. Preston Edmond Fitz. Morris Rich Bealing Tirlogh O Neile Patrick Darcy George Comins Printed at Waterford by THO. BOVRKE Printer to the Confedrate Catholikes of Ireland I Caused this Declaration and Proclamation to bee printed here in England and will justifie it to be their act upon oath Lazarus Haward My lodging at Master Sretchers in the Tower Bulwarke But to come to the particulars of the tryall of the Lord Maguire which was thus The coppy of the Indictment ●… Conner Maguire alias Cornelius Maguire 〈◊〉 Rex Cont. BY the indictment the defendent Cornelius Maguire Esquire that is n●…w prisoner at the Barre is charged 〈◊〉 〈◊〉 together with Sir Phil. O Neale Philip O Relly Roger Moore A●…m Roger Maguire Esquire Toole O Conley Clarke being a Romane Priest Hugh Mackmahune and divers other persons false trayt●…rs unknowne as a falsetraytor against the Kings Majestie His Supreame leige Lord Not having the feare of God in his heart nor considering his duty or allegiance but being seduced by the instigation of the Devill Intending altogether to with draw blot out and extinguish the Cordiall love and due obedience which faithfull Subjects owe to their Soveraigne 20. Oct. 17. Car. At Dublin in Ireland in the parts beyond the seas and at divers other times both before and after as well at Dublin as elsewhere falsely maliciously traiterously did conspire imagine compasse utterly to deprive and disinherit the Kings Majesty of His Royall Estate Kingdome of Ireland To bring His Majesties Person to death and destruction To raise sedition breed and cause miserable slaughter and destruction amongst the Kings Subjects throughout all the whole Kingdom To make an insurrection and Rebellion against the King His Soveraigne To levy publique open bloody and fierce War against the King in that Kingdome To change and alter according to their own wills the government of the Kingdome and the Religion there established and totally to subvert the well ordered State of that Common wealth To procure and bring in dive●…s strangers and forreiners not being the Kings Sub●…ects in a Warlike manner to invade that Kingdom of Ireland and to le●…y Warre there And in execution of these their wicked treasons and tr●●terous conspiracies 20. Octob. 17. Car. the defendan●…Conner Maguire at Dublin and divers other times and places By one Toole O Conley and divers other messengers by him sent to Owen O Neale being then in Flanders did move and incite Phil. O Neale to levy and raise an Army in Flanders and thence to bring that Army over into Ireland in an Hostile mann●…r to invade that Kingdome And further to put in execution their traiterous purposes the defendant together which Hugh Mac Mahun Philim O Neale Philip O Rely Roger More Roger Maguire and Toole O Conley the Priest 20. Oct. 17. Car. at Dublin and divers other times and places in Ireland before and after did traiterously conspire to enter into seise get into their owne power and to surprize the Kings Castle at Dublin and all other the Kings Castles and Forts in that Kingdom the Magazine therein And at the same time unlawfully and traiterously did indeavour and actually attempt to gaine into their possession and power and to surprize the said Castle of Dublin and the Munition therein That the defendant with the other persons named Philip O Neale and others further to bring to passe their most horrid wicked treasons and conspir cies 22. Octo. 17. Car. At Charlemont and other places before and after being armed and arayed with a great multitude in a Warlike manner with Bann●…rs di●…played Drummes Swordes Staves Gunnes and other invasive and defensive weapons did falsly and Traterously p●…epare and levy open fierce and bloody War against the Kings Majesty And the same 22. Octo. seised and surprised the Kings Fort at Charlemont And then and there 〈◊〉 and Trayterously did kill and murder Toby Lord Caufeild Francis Davies and others of the Kings Subjects that were Protestants That the defendents 4. Junij 18. Car. at the Castles of Keilagh and Cragan and other times and places before and after levyed War seised and surprized those Castles and did kill and murder Owen Powell and William Cosens and many other of the Kings Protestant Subjects in t●…at Kingdome Which severall offences are laid against his duty and allegiance against the Peace of the King His Crowne and dignity in manifest breach and contempt of the Lawes and Statutes of this Kingdome The defendant pleaded not guilty And being demanded how he would be tryed The Copy of the plea HE pleaded the Statute of Magna Charta 10. Febr 9. Hen 3. that none should be condemned but by tryall of his P●…ers and pleaded the Statute of 10. Hen 7. that all the Statutes made in England should from thenceforth be in force in Ireland And pleaded that before the time of the severall Treasons charged in the Indictme●…t Bryan Mag●…ire his father by letters Pattents was created Baron of Enis kellyn in Ireland to him and the Heires males of his body by force whereof his father was seised of the Barony in Fee tayle and 1. Febr. 12 Car. dyed so seised after whose death the Barony discended to the Defendants by vertue whereof he was a Baron of Ireland and that at a Parliament held at Dublyn 16. March 16. Car. which was there continued till 7. Aug. after and then adjourned to the 9. of Nov. following and then prorogued to 24. of Febr. thence n●…xt following and from thence continued till 24 Iun. 18. Car. That he was as one of the Noble men and Peres of that Parliament and that 23. Oct. 17. Car. he was arrested and impris●…ned upon pretence of the severall Treasons in the Indictment mentioned and th●…re continued till 12. Iun. 18. Car. when he was brought against his will to Westminster and thence committed to the Tower of London in strict custody And averred hir Plea and prayed that he might be tryed and Judged by his Peeres in Ireland Whereunto the Kings Councell demurred in Law And the Defendants joyned in the Demurrer Vpon this plea of the L. Maguire the beginning of Hillary Terme Judge Bacon delivered his judge●…ent that a Barron of Ireland was tryable by a Jury in this Kingdome after which the House of Commons declared their Assent unto his opinion in this following Vote Die Sabbathi 8. Febr. 1644. Resolved upon the question THat the House doth approve of the Iudgement given by Master Iustice Bacon in over-ruling the Plea of