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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 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 Kings 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 in Hilarie Terme l●…st By The Lord Blaney Lady Calfield Sir Arthur Loftus Sir Iohn Temple Sir William Stewart Sir Fran. Hamilton Sir Edw. Borlacey Sir VVilliam Cole Sir Charles Coot Mrs. VVordrofe Iohn Carmicke VValter Gubson M. Bunbury Cap. Mich. Balfoure Captain Berisford LONDON Printed for Robert Austin in the Old-Baily 1645. THere will be no need of making any long preamble to this businesse of the Lord Macguire there is none of us but have cause to be very sensible of i●… in some of our blood some deer friend or at least some acquaintance in the present unhappy war ensuing this most damnable treason plotted by him and his confede●…ates the particulars whereof you will finde in order which are in themselves so copious and satisfactorie that it will not need any other pointing out then the order it lies in Here followeth a Proclamation Published upon the first discovery of the Plot A Proclamation By the Lords Justices and Councell W. PARSONS IO. BORLASE THese are to make known and publish to all his Majesties good Subiects in this Kingdome of Ireland that there is a discoverie made to us the Lords Justices and Counsell of a most disloyall and detestable conspirace intended by some evill affected Irish papists against the lives of Vs the Lords Iustices and Counsell and many others of his Maiesties faithfull Subiects universally throughout this Kingdome and for the seizing not onely of his Maiesties Castle of Dublin His Maiesties principall Fort here but also of the other Fortifications in this Kingdome And seeing by the great goodnesse and abundant mercy of Almighty God to His Maiestie and this State and Kingdome those wicked conspiracies are brought to light and some of the conspirators committed to the castle of Dublin by Us by his Maiesties Authority so as those wicked and damnable plots are now disappointed in the chief parts thereof We there●…ore have thought fit hereby not onely to make it publikely known for the comfort of his Maiesties good and loyall Subiectes in all parts of the Kingdome but also hereby to require them that they doe with all confidence and cheerefulnesse betake themselves to their owne defence and stand upon their guard so to render the more safety to themselves and all the Kindome besides and that they advertise Us with all possible speed of all Occurents which may cencerne the Peace and safety of the Kingdome now to shew fully that faith and Loyaltie which they have alwaies shown for the publike services of the Crowne and Kingdome which We will value to His Maiestie accordingly and a speciall memorie thereof will bee retained for their advantage in due time And We require that great care be taken that no levies of men be made for forraine service nor any men suffered to march upon any such pretence Given at His Majesties Castle at Dublin 23 Octob. 1641. R. Dillon Ro. Digby Ad. Loftus I. Temple Tho. Rotheram Fr. Willowby J. Ware Rob Meredith God save the King Imprinted at Dublin by the Society of Sationers 1641. The Rebellion notwithstanding this Proclamation went on still for though it took not at Dublin where this L. Macguire Macmahan and some other conspirators were discovered and appredended and many of the Rebels were dispersed by reason thereof Yet they called them in again from time to time by Warrants of which sort here is the coppy of one under Plunkets owne hand and have ever since continued this Rebellion By the right Honourable the Generall Assembly of the confederate Catholiques of Ireland THese are to will and command you forthwith to make diligent search and inquiries within your severall Townes Villages Quarters and Corporations for all such Souldiers as are come from the Fort of Duncannon sithence the late c●…ssation which were under the command of Captaine Ralph Capron and Captaine Edward Ashton and wheresoever they or any of them shall be found their bodies t●… restrain and deliver unto the said Captains upon demand by the said Captaines or either of them the said C●…ptains faithfully promising not to inflict any further pun●…shment upon the said souldiers or any of them for this their f●…rst fault whereof you may not faile as you and every of you will answere the contrary And for so doeing shall be a sufficient warrant Given at Waterford the 15th of November 1643. N. Plunket To all his Majestie Sheriffs Soveraignes Portriffs Bayliffs Collonels Captaines Commanders and other Officers whom it may concerne within the County of Wexsord or elsewhere And in this bloody Warre plotted and begun in Ireland by this Lord Macguire and his Confederates and seconded in Eagland How many thousand of men women and children have lost their lives and for this the Rebels plead great Authority as appeares by this Declaration following A Declaration of the Lords Gentry and others of Leinster and Munster of their incentions towards the English and Scotish Protestants Inhabitants within this Kingdome WHereas we are informed that it is generally conceived and believed by the English and Scotish protnstants inhabitants of this Kingdom th●…t we the Lords Gentry and others of the said Kingdom have taken Arms and taken Forces for the extirpation and banishing of them out of this Kingnome thereby to acquire to our selves their goods and estates we therefore desire to be rightly understood for wee hereby declare that we never consented nor intended nor neither will intend nor condescend to any such act but do utterly disciaime them but that each man known to be a modera●…e conformable Protestant may as well as the Romish Catholicks respectively live and en oy the freedome of their own Religion and peaceably and quietly possesse their own estates so far forth as they or any of them shall joyne with us in this Oath following IA B. Doe in the presence of Almighty God and all the Angels and Saints and by the Contents of the Bible promise vo●… sweare and protest to beare true faith and Allegiauce to our Soveraigne Lord King Charles and the heires and successors of his body begotten and will defend him and them as ●…r as I may with my life power and estate against all persons that attempt any thing against his or their Persons Honours Estates and Dignities and that I will with the exposing of my life power and estate ●…oyn with the said Irish or any other to recover his estate roya●…l ●… erogatives

forcibly wreste●… from him y the Purit●…nes in the Houses of Parliament in England and to maintaine the same against them and all others tha●… sh●…ll directly or indirectly indeavour t●… suppress●… or doe any ast contrary to regall government as also to maintan Episcopall Iurisdiction and the lawfullnesse thereof in the Church powers and Priviledges of Prelates and the Lawfull Rights and Priviledges o●… the Subject And I will d●…e no act or thing directly or indirectly to hinder the free and publike excercize of the Ro●…ish Catholik Religion in any His Majesties Dominions and that I will joyn with and be assistant to the members of this Common wealth for redresse to be had of the grievances and pressures thereof in ●…ch manner and forme as shall be thought fit by a lawfull Parliament and to my power as far as I may I will oppose and bring to condigne punishment even to losse of life liberty and estate of all such as either by force or practice co●…ncells plots conspira ies or otherwise doe or attempt any thing to the contrary of any Article Cl●…use or any thing in this present Oath Vow or Protestation contained a d neither for reward feare or punishment or any respect whatsoever shall relinquish this Oath and Protestation So help me God This Declaration and Oath was entred inthe Counsell Book of K●…lkeney and this is a true copie thereof Witnesse the hand of Jerem●… Green Clerk of the supreme Councell of Kilkeney God save the King By the Confederate Catholikes of the Supreme Counsell VVHereas the Scottish Armie in the Province of Ulster and other their adherents in the said Province and other parts of the Kingdome have of late as often before taken a Traiterous Oath of Coven●…nt against His Sacred Maiestie his Crowne and Dignity and made an unchristian and prophane Vow for the utter extirpation of the Irish Nation and totall suppression of the Catholike Romane Religion Subversion of Monarchicall government and introduction of confused Annarchy within this Realme and not contented with the inhumane and unparalleld Massacres by them committed on poore laborers wom●…n children and many thousands of other Innocents of our Nation without distinction of age sex or condition before the conclusion of the Cessasion at Siggins Towne on the 15th of September last notwithstanding continuall depredations robberies thefts burnings and destruction of all the Corne and Inhabitants in many Counties and Territories within the said Realme and elsewhere by them acted before the said Cessation the said traiterous Covenanters receiving their maintenance support and orders from the Rebells now in armes against His Majestie in England have augmented and do rather multiply and increase then diminish their exhorbitant courses and whereas the said rebells have joyned in a strict union confederation to destroy the Irish Nation root and branch as they terme it and their Ministers and adherents by their directions at Sea as well 〈◊〉 Land do exercise no lesse cruelty For as oft as Shipping do meet any weaker Vessels at Sea transporting men from this Kingdome for His Majesties seruice in England if Irish men Though Protestants and Valiant and usefull servitors against the Confederate Catholikes in this Warre the Irish are thrown over board as doth appear by the late throwing into the Sea drownig of an Irish Company of Foot of Colonell Willowbies Regiment all Protestants and servitours as aforesaid and many women in their passage from Dublin to Bristoll by one of the pretended Parliament ships and sundry other examples of that kinde against the Law of Warre and Nations And whereas the said Scottish Army all composed of Rebels and Assassinates are now in their march in great numbers towards the three Provinces of this Kingdome to accomplishe the plots and machinations aforesaid And whereas the said Rebells in England have provided a great Navy a considerable part whereof doth surround the the Seacoast in this Kingdome and are resol●…ed the next Summer if it rest in their power which God defend to land great Forces in the Province of Munster and Le●…nster and the said Rebels of Scotland have the like designe of landing of Forces in the parts of Ulster next unto the Province of Conaght And whereas the Auxiliarie Forces of the three Provinces d●…signed and raised for the necessary defence of our Religion King and Nation are now marched to the Province of Ulster under the Command of our very good Lord the Earle of C●…stle haven Generall appointed by the last Generall Assembly for the expedition of Ulster to repell the said fury and insolencie of the said Rebels Wherefore we hold it of absolute necessity for the safety of the Kingdome and His Majesties interest therein that all the said other three Provinces be forthwith in Armes as well to preserve themselves at home from the said intended invasions as also to be ready to assist the said Army abroad marcht into Ulster if need require We doe therefore by this publike Act and Proclamation order command and require all the Lords Knights and Gentlemen Freeholders and all other persons from the age of 18. yeares to the age of 60. forthwith to put themselves in armes and posture of defence and such as want armes and ammunition and are able are hereby required to provide the same forthwith for themselves their servants and retinue And for the better effecting this high and important service we do hereby require order command all and every the Governours Deputy Governours Majors Sheriffes and all other Head-Officers of the respective Counties Cities and incorporate Townes of this Kingdome within our quarters viz. the Governours Deputie-Governours in the Counties where they are Governours to call to assistance the High Sheriffe and two or more of th●… Commissioners of the Array and in the Countie swhere there is no Governour the High Sheriffe calling to his assistance three or more of the Comissioners of the Array and in the Cities and Cor●…orate Townes the Major and other Head-officers taking to assistance the recommended Sheriffes and Bailiffe thereof or any one or more of them fo●…th with to summon-all the Lords Knights Gentlemen and Free holders and others able and fit to beare armes betwe●…ne the ages asoresaid to appeare well armed upon a certain day and in a certain place within the said respective Counties and Townes respectively and upon such appearance to inlist the names sirnames age Armes and Ammunition of every person who will so appeare in a book fairely written and the said Governour Deputy-Governours Majors High Sheirieffs and other Head-Officers taking to their assistance as aforesaid are hereby required and authorized to impose Fines to the double value of the Armes and Ammunition upon any person or persons so summoned that will make default who ought to have according to the meaning of this our Proclamation and of other our former Proclamations to this effect and to impose the single value of the Armes he should have upon such as will appear

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

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