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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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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