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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

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

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

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