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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

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

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.

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

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

evidence against him Iudge He hath spent t●…ree daies this Terme already this is the fourth we would have proceeded n●…w but for his peremptory challenge but if we stay t●…ll ●…morrow h●… must be content to be tried by a ●…aner Jury M. Prynne This being a pu●…lique case we desi●…e a speedy progresse in it our Witnesses have been long det●…ned h●…e and cannot attend till the next Terme some of th●… being to depart within two daies Iudge A publike case must have publike just●… on both sides for your Witnesses you shall stay your Wit●… here We must do that which the Law doth allow Ser. Whit. The Law does allow of his peremptory challenge we desire to have a new Writ and t●…t it may be returnable to morrow For the doing or it we sh●…ll lea●… it to those that are to prosecu●…e it and to the Sh●…risse We see that this cause cannot be tried this day we d●…sire we may have a speedy end of it there have been many day●… spent in it we that are of Counsel for the King do des●…e that we may conferre together departing the Cou●…●…or some time and when we have conferred together we will ret●…n to the Court again and then we wil propound to you what course we do desire for the speedy Triall of this cause To this motion the Judge assented and Ser. ●…itfield and the rest of the Counsell went to consult together about it and after a short stay upon the●…●…turne S●…r ●…hitfield spake thus Ser. Whit. We that are of Counsell for the King have consulted together with the Clarke of the Crow●… and 〈◊〉 Secretary we have ●…drawne our selves and 〈◊〉 severall presidents and we doe finde by sever●…ll pres●…dents that whereas a pe●…emptory challenge shall be it is in the power of the Court to order the course of T●…l and the course is this T●●●● g●…es a Writ to the Sher●…ffe that he shall distrame ●…ll ●…hem that make default and that he shall amove those that are challenged by the Prisoner and further that he ●●●ll ret●…rn so many more for the Triall this we conceive to be the con●●ant course of this Court and in this case my Lord Magu●…re having challenged 23. of the 24. we are to ●●●t●…aine the other that made default and to amove the 2●… that 〈◊〉 hath challe●…ged of them and have a Ia●…es returnable tomorrow for a new Jury ●…r Roll. That was in Standishes Case and Friars Case Iudge I know the Court may grant a Tales but the matter is whether it can be done so soon as to morrow or no if the Sheriffe can do it to morrow Ser. VVhit We doe find this in the President of Friar That in 3. Hen. 7. the Jury did appeare on Friday and all those that did appeare were challenged and there was a Distringas returned the next day which was Saturday It may be immediate Iudge Then make your Distringas against to morrow morning make out a Quadraginta Tales against to morrow Mac. I desire I may not be so severely dealt with Judge It hath been so oftentimes and the Court doth proceed in these Cases de die in diem from day to day and there is no difficulty in the granting of it but whether the Sheriffe can returne it so soone Is the Kings Councell will have it to morrow the other businesses of the Court must be put off Hereupon the Prisoner was discharged and a Rule granted to the Lievtenant of the Tower to bring him again the next day ON Tuesday Febr. 11. the L. Macguire was againe brought to the Kings-Bench Barre where he made a motion that his Plea of Peerage might be referred to another Court To which it was answered Ser. VVhit We know not for what end this motion is and we know this that this is no time for my Lord to make this request for you know how farre we have proceeded he hath been arraigned and indicted of high Treason and one Jury he challenged the other is returned so as now he is in the way of his Triall we are now to proceed with such evidence as we have to prosecute instantly We do not desire this to be produced againe and if it bee we know not how it could be materiall one way or other After this the Lord Macguire further urged the Court to the former purpose to which it was answered that he was then brought to his Triall as a Prisoner upon the Indictment and that both the Lords and Commons had approved of the opinion of the Court therein Mac. Please you Sir One word more I desire to appeale to the Lords Ser. VVhit When one is come here to appeale to the Lords that was never knowne now you have put your selfe upon the Country Mac. Under favour I conceive I may to an higher Court Iudge It cannot be granted the Lords approved it if you would have gone to an higher Court before you might have taken your course now the Jury is returned and you are appointed to be tried here After this the Lord Macguire desired further to appeale to which the answer was 〈◊〉 〈◊〉 Here lies n●… s●…ch app●…le here you are out of the Eccl●…all Co●…t there is no such Plea here you ar●… n●…w up●…n ●…he middle ●…f yo●…r T●… we desire you may go on you h●…ve challenged 23. of the Ju●…y al●…eady Iudge We have no such Course in the Common Law ●…f a man will appeale f●…m me I cannot let him appeale to any man Upon this these of the Jury following were named which he challenged viz. George Ha●…ger Esquire Sir M●…chael VVhart●…n Iames Hawley Esquire George S●…th Esquire Edm●…nd Be●…y Esquire ●…illiam Ewrsby Esquire Stephen ●…an Gent. George ●…eaver-●…asset 1. Nicolls the younger Hea●…y ●…alker Gent. Randolph Nicoll Andrew B●…eat Upon his challenging of these which being added to the ●…est make 35. in all the other Jury being about to be call●…d the L. M●…guire moved Mac. Under favour I conceive that my lands being sequestred those men that have bought my lands should not passe upon my Triall and therefore I desire they may make answer to it upon oath whether any of them have adventure●… or no Ser. VVhit To desire that an whole Jury may be demanded such a question upon their oath is that that hath not been known if my Lord Macguire have cause now against any he hath run out the liberty which the Law gave him t●… challenge 35. peremptorily now if he should challenge any more he must make a particular challenge to every particular man that comes to be sworne and he must have such a challenge notwithstanding as is warrantable by Law but this general challenge is not warrantable by Law and if it were particular it were not warrantable neither Ser. Roll. If you will challenge any more the Law does not d●…barre you to shew cause Mac. I conceive that any that have given money for Ireland for my distruction ought not to passe against me Ser. Whit.

be his own destruction as he thought it would be to all those that did not appeare Presently after upon the 29. of October one Captain Rori Ma●…guire took upon him the mannaging of all businesses in his absence he fortifies first the Castle-Hasen the house wherein he dwelt himselfe he took in the castle of one Edward Aldrith Esquire he put out all the English there he went to the town burnt that but kild none of the men went thence to another place and hanged one ●…leazar M. one that was Clarke of the Peace of the County and from thence he went to Newton foure Miles off from it tooke in the towne stript and disarmed all the Protestants that were in the Church the next day after marcht away and kil'd and destroyed most of the English in those parts murdered Arthur Champion Esquire and many more 22. castles were seized upon and the Church of Monah with 18. Protestants burnt in it 764. Protestants were destroyed in that County and I did heare there was about 152000. that they had destroyed in that Province of Vlster in the first foure moneths of the Rebellion John Carmi●… Then Sir William Cole being present in Court g●…ve in his evidence much to the same eff●…ct as in Carmi●… testimony S W. We desire to shorten we have a great many Witnesses we shall goe upon these particulars 1. Captaine Oneales landing in Ireland and what he brought with him 2. Guilo and Croc●… Lastly how long besieged and how many murthered Then Sir William Steward gave in testimony to this effect That Con Owen Oncale landed in July the same yeare the Rebellion began brought many Commanders much Armes and Ammunition many of his Commanders nine of the chiefe of them were taken prisoners at one battell S. W. It is his own conf●…ssion that he sent a Priest over to s●…ch Armes to come into Ireland Then the Lady Cal●…ld was desired to declare her knowledge c●…ncerning the taking of 〈◊〉 castle Lady Calfield The 23. of Octob. 1641. Sir Philom Oneale and others came into the castle they seized upon all murthered his servants and those that were alive they bound them and put them in prison and at that time Sir Pbilom Oneale himselfe and other of his companions told her That Dublin castle and city and most other Forts of Ireland were surprized by their confederates the Papists 〈◊〉 that he was sorrie for his cosin the Lord Macguire and that he was afraid he was taken S. W. What was done with my Lord Calfield La. Calfield He was murthered he beg'd for his life and they durst not but doe it S. W. When Sir Philom Oneale had taken my Lord Calfield then they got this Lady to write to the Lords Justices that my L. Macguire might be exchanged for her sonne but that would not be and thereupon they murdered my Lord Calfield Francis Davis and others Mrs. Mary Wordrofes Testimony That he came on Friday night about 10. or 11. a clock to breake into the castle I hearing the noise asked what was the matter I went to call up some of our Gentlemen when I came in againe they had taken some of our Gentlemen and bound them She also testified the murdering of the Lord Calfield Francis Davis and others and the former words concerning the Lord Macguire S. W. These two Witnesses prove ●…at of 〈◊〉 〈◊〉 〈◊〉 the Rebells owned the L. Macguire as to endeavour his 〈◊〉 We shall now come to the other Castles how long they 〈◊〉 them and who was murther●… Walter Gu●… Testimony They besieged it a qua●… of a year b●…ore th●… 〈◊〉 the chief conspirat●…rs and Powell and 〈◊〉 〈◊〉 〈◊〉 force in an hostile manner Sir Francis Hamiltons Testimonie Philip O R●…ly came to the Castle to Guilo and Crogan C●…s and they lay before it a q●…arter of a y●…er with 2000. or 3000 〈◊〉 somtimes 1500. but rever●… Sir Charles Cootes Testimony concerning the gen●…rality of 〈◊〉 Rebellion Sir Philom O Neale and R●…ger Moore were the actors in the ma●…sacres and by publike directions of some in place and of the Titulary Bishops for the sending of an exict account of what 〈◊〉 were murthered throughout all Vlster a fou●…th part of the Kin●…dom of Ireland to the Parish Priests in every Parish and they sent in a particular account of it and the account was an hundred four●… thousand seven hundred in one Province in the first three moneths of the Rebellion S. W. What say you concerning the generall Counseil and the Popes Bull S. C. Coote The supreame Counsell they tooke up a new form●… of government upon them of their owne and by this authority i●… was granted to the Lady 〈◊〉 that she should have the Rent of such Lands in recompence of the losse that he was at in their causes They have made severall Judges of their own Courts They print they coyn they do all in their own names The Copie of the Popes Bull Ad futuram Rei Memoriam Urbanus Octavus c. HAving taken in●…o Our serious consideration the great zeale of the 〈◊〉 towards the propagating of the Catholike faith and the pieti●… of the Catholike warriors in the severall armies of that Kingdome which was for that singular fervency in the true worship of God and notable care had formerly in the like case by the inhabit●●ts thereof for the maintenance and pr●…servation of the same Orthodox ●●ath called of old the land of Saints and having got certain notice how in imitation of their godly and worthy Ancestors they endeavour by force of armes to deliver their thralled Nation from the oppressions and grievous injuries of the Heretickes wherewith this long time it hath been afflicted and heavily burthened and gallantly do in them what lyeth to extirpate and totally root out those workers of iniquity who in the Kingdome of Ireland had infected and alwaies striving to infect the masse of Catholike puritie with the pesteriferous leaven of their hereticall contagion We therefore being willing to cherish them with the gifts of those spiri●…uall graces whereof by God we are ordained the only dispos●…rs on earth by the mercy of the same Almighty God trusting in the authority of the blessed Apostles Peter and Paul and by vertue of that power of binding and loosing of souls which God was pleased without our deserving to conferre upon us To all and every one of the faithfull Christians in the foresaid Kingdom of Ireland now and for the time militating against the Hereticks and other enemies of the Cat●…olike Faith they being truly and sincerely penitent after confession and the spirituall refreshing of themselves with the sacred communion of the Body and Blood of Christ doe grant a full and plen●…ry Indulgence and absolute remission for all their sinnes and such as in the holy time of J●…bilee is usuall to be granted to those that devoutly visit a certain number of priviledged Churches within and without the walls of our City of Rome by the tenor of which

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