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justice_n	court_n	knight_n	sir_n	7,614	5	7.2490	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

in your Examination when the day was for th●… rising that you were in the conspiracy and appointed for the taking of Dublin Castle and that you were taken when you came about it Also you rode about it and provided Armes Macg. I was in the house in the Cock-loft where I was taken I did not know where any Army was 〈◊〉 W. My Lord Macguire does forget himself what he acknowledges under his own hand Then the Examination being shewed him he said There 's my n●…me but not my hand Iudg. I am sorry to hear it I did rather expect that you should have acknowledged it Here are two able witnesses that can testifie it against you your denying your own hand which is so manifestly proved will be a great discredit to what you say you acknowledged it at two severall times Macg. What did I acknowledge Iudg. You say that you came to Dublin to settle your estate By your own Examination you acknowledge That the Castle of Dublin was to be surprised by your self Jud. It is now time we should draw to the Jury You hear my Lord Bramston and my Brother Finc●… here justifie it to you Then the L. Macguires Examination was shewed to my L. Bla●… b●…g present in Court demanding whether he thought it to be Macguires hand or no L. Blaney It is my Lords own hand he hath written to me many Letters Macg. I don't think I have written many Letters to your Lordship Judg. Gentlemen of the Jury you may go to the businesse If there were nothing but that you see in this case but what is in the examination if you do beleeve to be his His confession does acknowledge it you hear this by the testimony of my Lord Bramston and my brother 〈◊〉 expresly that were present when he did acknowledge it and set his hand to it and yet you see though it is here proved by my Lord 〈◊〉 he denies it If you finde this to be true here is treason enough and too much too for he does here confesse That Roger Moore did acquaint him That if the Irish did rise they might make their own conditions for regaining their lands and he acquainted him That he had spoken with sundry in Leinster that would be ready for that purpose and that a great part of Conaught would do the like and then moved hi●… his Lord the prisoner at the Barre to joyn likewise with him which he did so then was the plot The next day they met he 〈◊〉 to 〈◊〉 Chamber again where Col. Mac Brian 〈◊〉 and others h●…d discourse again about it then he sayes That they did s●…nd over ●…o Owe●… O Nea●… to acquaint him concerning the generall Rebellion in Ireland then in preparation He confeffes expresly That being demanded why the said Owen should bring over Armes seeing the Castle of Dublin was to be surprised answered That they so provided Armes that they might not want any thing if they should not take it whereof they doubted And then you have him acknowledgeing that the Castle of Dublin was to be surprised by himself and Captain Brian O Neal and others These words shew here expresly That the day whereon the execution was appointed by the Lord Maguire own confession he was come to Dublin for the surprise of the Castle So that it is apparent that he was about this plot expresly If this be true That you did conspire to make warre or Rebellion within that Kingdome though you were taken your self before it was executed yet it was your own conspiracie And besides endeavouring after 〈◊〉 to bring it to perfection by ●…ending over for Armes All these does discover your own intention to execute it Macg. I confesse it not I referre my self to the Jury Iudg. Gentlemen you are to know that to conspire to raise a Warre if any of that Conspiracy do Act it as you see here Sir Philome O N●…le did if you observe the Testimonie of my La. C●…field he came and surprised the Castle of Charlemont and then it was given out that my Lord Maguire had taken Dublin so that though it did not take effect That which is done by any is testimonie enough Goe together and consider of it Upon this the Jury went together and staying a short space returnea their verdict which was That they found him guilty of all the Treas●…ns according to the Indictment C. Conner Maguire alias Cornelius Maguire Thou hast been indicted of severall high Treasons and thou Hast been Arraigned Upon the Arraignment Thou hast pleaded not guilty and for thy Traill hast put thy self upon thy countrey which countrey have found thee guilty according to the Indictment Therefore prepare thy sel●… to receive the sentence Magu I desire to know by what Law Iudge The Law is well enough Knowne That is a Treason is within the Satute without doubt Magu I was not tried by my Peeres Iudge This is a generall Exception formerly annexed in your plea If you can shew some particular cause also you shall be heard Magu I desire counsell to advise me Iudge When you did put in a plea therein you had councel to advise you in your plea and to argue it Now your time is past for counsell you must have none assigned to picke holes in the Inditement Magu I desire the Court would consider of it before they proceed to sentence Iudge You offer nothing to the Court that is of any difficultie you had counsell whether you should be tried by your Peers or the Jury here which jury are to try any man under a Nobleman in this Kingdome Magu I desire to know under what seal you thus proceed against me for I thinke you sit here by the new seal Iudge What seal do you mean I sit here by vertue of the Olde by Order of Parliament Mag. Vnder favour I conceive that the Ordinance of Parliament for the New seal makes all done by the old seal to be voide Iudge Here is nothing done but by good authority and the Parliaments approbation Mag. I conceive the Ordinance for the New seal cuts off all proceeedings of the olde Iudge My authority is not cut off I was made by the Olde Seale before there was any New Seale and so I am continued by the Parliament and the Parliament did take notice that I have been allowed to sit Besides this there is nothing done in this Court by the New Seale the Sheriffs are here by a Charter and that comes in from yeer to yeer and there is no Seale in order of execution Iudge Well if you have nothing to say for your selfe I am to pronounce sentence as I am a Minister of Iustice you have been Indited here for severall Treasons contained in your inditement as was here of late read unto you and you have had a fair proceeding very deliberately for your inditement came in about Alhallowmas last three weekes or a Moneth before the end of the last Terme three weeks at least you then made a