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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

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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
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