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justice_n	baron_n	court_n	sir_n	4,402	5	7.0244	4	true

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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

All Papists we shall now read the examination of the manner of his taking and then his own examination The first we shall read is this of M. VVoodcock that was Sheriffe of Dublin he was in town but he could not stay but he was examined before this Court The information of John Woodcock the 27. of October 1644. taken upon oath before J. Bacon The said Examinat●… deposeth and ●…aith That he being one of the Sheriffs of the said Citie of Dublin in the year 1641. having notice given him in the night upon the 22. of October in the same year of some great designe intended did by vertue of his off●…ce walke up and down the city that night and coming to the house of one Nevill a Chyrugion in Castle-street he understood by the ●…id Nevill that the Lord Macguire with some 10. or 12. others were there this Examinate told him it was fit for his guests to be in bed at that time of night but the said Nevill did bring this Examinate word that the Lord Macguire and his companie we●…e then going to bed the said Examinate departed setting a watch near his house by which watch he was informed that the said Lord Macguire and the rest were gone from the house and w●…re at the house of one Kerne a Taylor whereupon he searched the said house and there found some hatchets with the helves newly cut of ●…ose to the hatchets five p●…tronells five or six swords three or foure small pistolls five or six s●●ines with other armes of the L. Macguires in an house of office in the said house in another place divers pol●…axes and also behinde a henroost some great weapons with sharpe pikes of iron in one end of them the said Kerne affirming that he knew nothing of any of the particulars before mentioned nor how they came in his house The said Examinate ●…dall the said instruments unto the said Lords Justices and 〈◊〉 of Ireland and thereupo●… the said Lords justice●… and 〈◊〉 〈◊〉 search to be made for the said Lord Macguire 〈◊〉 〈◊〉 the 〈◊〉 Examin●…te searching narrowly for him at l●…st 〈◊〉 〈◊〉 in a 〈◊〉 with a cloake wrapt ob●…ut him stand●…g by a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon him there being no key to be found us al●… the 〈◊〉 of the house flying away and making an escape to 〈◊〉 enem●… After this the Lord Macguires owne Examination was read taken the 26. of March 1642. for as Sir John Temple declared to the Court that the Lord Macguire was then brought to the Counsell-board and they could get nothing out of him whereupon he was sent back to prison for that time The Examination of Connor Lord Macguire Baron of Eniskillin taken before us Charles Lord Lambert and Sir Robert Meredith Knight Chancellour of His Majesties Court of Exchequer the 26. day of March 1642. by direction of the right honour able the Lords Iustices and Counsell Who being examined saith That about the time when M. John Bellew came out of England with the Commission for the continuance of the present Parliament Roger Moore in the said Moors chamber in the house of one Peter de Costres of this Citie acquainted him this Examinate that if the Irish would rise they might make their own condition for the regaining of their own Lands and freedom of their Religion at which time the said Moore also acquainted him this Examinate that he had spoken with sundry of Leinster who would be ready for that purpose and withall told him this Exa●…inate that he was assured a good part of Conaght would doe the like and thereupon moved this Examinate to joyne likewise with them with all he could make unto which motion he this Examinate yeelded and the next day following there was a meeting in his the said Moores chamber aforesaid where were Col. Mac-Bryan Macm●… Tirel●…gh Oneale Philip Mac-Hugh O Rely this Examinate and Roger Moore where discourse was had on that bu●…nesse yet nothing concluded on save that Roger Moore and the rest should go and prepare their parties And this Exa●…inate further saith That about May last he this Examinate Roger Moore Philip O Rely and Roger Macguire this Examinates brother dispatched a Priest one T●…le O Conl●…y who lived in Leinster unto Owen Oneale into Flanders to acquaint him with the businesse concerning the generall Rebellion then in preparation which said Priest returned about a moneth before the time appointed for execution thereof And the Answer which the said Priest brought from the said Owen Oneal was That he would within 15 dayes after the people were up be with them with his best assistance and armes and it being demanded why the said Owen should bring Armes considering that the Castle of Dublin was to be taken with the Armes therein this Eximinate answered that they so provided for Armes that they might not want any in case they could not take the said Castle whereof they doubt●…d And this Examinate acknowledgeth that the Castle of Dublin was to have been surprized by himselfe Capt. Brian Oneale Capt. Con Oneale Capt. Macmahone one Owen O R●…ly Roger Moore Hugh Macmahone Col. Plunket and Capt. ●…ox and likewise further acknowledgeth that Hugh Mac-Phelim Captaine Con Oneale and B●…an Oneale brought from Owen Oneale out of Flanders the very same message which the said Priest brought And this Examinate further saith that he was told by Roger Moore that a great man was in the Plot but he might not name him for the present And at another time and during the sitting of the Parliament the last Summer he this Examinate was informed by one Iohn Barnwell a Franciscan Frier then re●…dent in this City that those of the Pale were also privy unto the Plot meaning the present Rebellion And lastly saith That of those persons who came to attend him this Examinate so●… the surprize of the said Castle of Dublin onely Cohonogh Macguira was privy unto the businesse in hand and that the last meeting when the day appointed for execution thereof was resolved on was at Logh Rosse where were present onely Ever Macmahone Vicar Generall of the Diocesse of Clogher Th●…mas Mac-Kearnan a Frier of Dundalke Sir Philom Oneale R●…ger Moore and Bryan Oneale Charles Lambert Robert Meredith Concordat cum Originali Ex. per P●…l H●… This being read and opened unto the Jury being the L. Macguires free and voluntary confession which he afterwards acknowledged since his coming to the Tower viz. Memorandum that this within written being shewed and read unto the within named Lord Macguire and himselfe having perused the same his Lordship did acknowledge the same to be true in all things saving that he doth not now acknowledge that Barnard told him that those of the Pale were privy to the plot neither doth acknowledge that Cohonagh Macquire was privy to the plot before his coming to Dublin This examination and acknowledgement was made and taken the 22. day of June 164●… Anno Regni Caroli Regis decimo octavo before us John

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

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