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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.
forcibly wreste●… from him y the Purit●…nes in the Houses of Parliament in England and to maintaine the same against them and all others tha●… sh●…ll directly or indirectly indeavour t●… suppress●… or doe any ast contrary to regall government as also to maintan Episcopall Iurisdiction and the lawfullnesse thereof in the Church powers and Priviledges of Prelates and the Lawfull Rights and Priviledges o●… the Subject And I will d●…e no act or thing directly or indirectly to hinder the free and publike excercize of the Ro●…ish Catholik Religion in any His Majesties Dominions and that I will joyn with and be assistant to the members of this Common wealth for redresse to be had of the grievances and pressures thereof in ●…ch manner and forme as shall be thought fit by a lawfull Parliament and to my power as far as I may I will oppose and bring to condigne punishment even to losse of life liberty and estate of all such as either by force or practice co●…ncells plots conspira ies or otherwise doe or attempt any thing to the contrary of any Article Cl●…use or any thing in this present Oath Vow or Protestation contained a d neither for reward feare or punishment or any respect whatsoever shall relinquish this Oath and Protestation So help me God This Declaration and Oath was entred inthe Counsell Book of K●…lkeney and this is a true copie thereof Witnesse the hand of Jerem●… Green Clerk of the supreme Councell of Kilkeney God save the King By the Confederate Catholikes of the Supreme Counsell VVHereas the Scottish Armie in the Province of Ulster and other their adherents in the said Province and other parts of the Kingdome have of late as often before taken a Traiterous Oath of Coven●…nt against His Sacred Maiestie his Crowne and Dignity and made an unchristian and prophane Vow for the utter extirpation of the Irish Nation and totall suppression of the Catholike Romane Religion Subversion of Monarchicall government and introduction of confused Annarchy within this Realme and not contented with the inhumane and unparalleld Massacres by them committed on poore laborers wom●…n children and many thousands of other Innocents of our Nation without distinction of age sex or condition before the conclusion of the Cessasion at Siggins Towne on the 15th of September last notwithstanding continuall depredations robberies thefts burnings and destruction of all the Corne and Inhabitants in many Counties and Territories within the said Realme and elsewhere by them acted before the said Cessation the said traiterous Covenanters receiving their maintenance support and orders from the Rebells now in armes against His Majestie in England have augmented and do rather multiply and increase then diminish their exhorbitant courses and whereas the said rebells have joyned in a strict union confederation to destroy the Irish Nation root and branch as they terme it and their Ministers and adherents by their directions at Sea as well 〈◊〉 Land do exercise no lesse cruelty For as oft as Shipping do meet any weaker Vessels at Sea transporting men from this Kingdome for His Majesties seruice in England if Irish men Though Protestants and Valiant and usefull servitors against the Confederate Catholikes in this Warre the Irish are thrown over board as doth appear by the late throwing into the Sea drownig of an Irish Company of Foot of Colonell Willowbies Regiment all Protestants and servitours as aforesaid and many women in their passage from Dublin to Bristoll by one of the pretended Parliament ships and sundry other examples of that kinde against the Law of Warre and Nations And whereas the said Scottish Army all composed of Rebels and Assassinates are now in their march in great numbers towards the three Provinces of this Kingdome to accomplishe the plots and machinations aforesaid And whereas the said Rebells in England have provided a great Navy a considerable part whereof doth surround the the Seacoast in this Kingdome and are resol●…ed the next Summer if it rest in their power which God defend to land great Forces in the Province of Munster and Le●…nster and the said Rebels of Scotland have the like designe of landing of Forces in the parts of Ulster next unto the Province of Conaght And whereas the Auxiliarie Forces of the three Provinces d●…signed and raised for the necessary defence of our Religion King and Nation are now marched to the Province of Ulster under the Command of our very good Lord the Earle of C●…stle haven Generall appointed by the last Generall Assembly for the expedition of Ulster to repell the said fury and insolencie of the said Rebels Wherefore we hold it of absolute necessity for the safety of the Kingdome and His Majesties interest therein that all the said other three Provinces be forthwith in Armes as well to preserve themselves at home from the said intended invasions as also to be ready to assist the said Army abroad marcht into Ulster if need require We doe therefore by this publike Act and Proclamation order command and require all the Lords Knights and Gentlemen Freeholders and all other persons from the age of 18. yeares to the age of 60. forthwith to put themselves in armes and posture of defence and such as want armes and ammunition and are able are hereby required to provide the same forthwith for themselves their servants and retinue And for the better effecting this high and important service we do hereby require order command all and every the Governours Deputy Governours Majors Sheriffes and all other Head-Officers of the respective Counties Cities and incorporate Townes of this Kingdome within our quarters viz. the Governours Deputie-Governours in the Counties where they are Governours to call to assistance the High Sheriffe and two or more of th●… Commissioners of the Array and in the Countie swhere there is no Governour the High Sheriffe calling to his assistance three or more of the Comissioners of the Array and in the Cities and Cor●…orate Townes the Major and other Head-officers taking to assistance the recommended Sheriffes and Bailiffe thereof or any one or more of them fo●…th with to summon-all the Lords Knights Gentlemen and Free holders and others able and fit to beare armes betwe●…ne the ages asoresaid to appeare well armed upon a certain day and in a certain place within the said respective Counties and Townes respectively and upon such appearance to inlist the names sirnames age Armes and Ammunition of every person who will so appeare in a book fairely written and the said Governour Deputy-Governours Majors High Sheirieffs and other Head-Officers taking to their assistance as aforesaid are hereby required and authorized to impose Fines to the double value of the Armes and Ammunition upon any person or persons so summoned that will make default who ought to have according to the meaning of this our Proclamation and of other our former Proclamations to this effect and to impose the single value of the Armes he should have upon such as will appear
the Lord M●…guire and of the manner of the tryall upon the Indictment o●… High Treason in the Kings Bench and the Iudge is he ●…by required to proceed speedily thereupon according to Law and Iustice The Lords concurrence to be desired herein Master Recorder is appointed to carry it up Vnto this Vote of the Honourable House of Commons the House of Peeres afterwards declared their co●…currence and thereupon this ensuing Order was passed by both Houses of Parliament Di●… Lunae 10. Feb. 1644. ORdered by the Lords and Commons in Parliament Assembled that the said Houses d●…e approve of the Iudgement given by Master Iustice Bacon in over ruling the Plea of the Lord Maguire and of the ma●…er of the tryall upon the Indictment of High Treason in the Kings-Bench and the lu●…ge is hereby required to proceed speedily thereupon aco●…rdingly to Law and Iustice Iohn Browne Cler. Parl. Hen. Elsing Cler. Parl. D. C. The Triall of Connor Macguire Baron of E●…kellin in Ireland a grand Irish Rebell●… at the Kings Bench Barre On M●…nday Febr. 10. and Tu●…ay Febr. 11. 1644 ON Munday February 10 the Lord 〈◊〉 one of the chiefe Actors in that unparallel'd and unheard of Rebellion in Ireland was brought from the Tower of London by the Guard belonging thereunto unto the Kings-Bench Barre where he was arraigned by the name of Connor Macguire aliàs Cornelius Macguire Esquire for his plea of Peerage was found invalid and so declared by the Court and that opinion of the Judge was since assented unto and confirmed by both Houses of Parliament at his coming to the Ba●…re the Prisoner spake as followeth Macguire I do humbly move that I may have time allowed me by this Court to send for my Witnesses Iudge You have had a long time you were indicted about the beginning of the last Terme you might have prepared Witnesses the last Terme Mac. I did not expect a Triall Iudge You should expect it at your pe●…ill Mac. I was told when I came into the Kingdome that I might have Witnesses Iudge The proofe lies upon the Kings part Mac. Though the proofe be of the Kings part yet I must have time to cleere my selfe Iudge But if every man should ask so much time as you require he should never come to his Triall Sergeant Wh●…field Mr. Justice Bacon we know that my L. Ma●…guire was indicted here the last Terme he was arraigned at this Barre he pleaded Not guilty he could not but expect that he had then been tried if it had not been for the plea of Peerage that he then put in upon which he knows there was a deliberate dispute and he could not tell but that there would be an end before this time and if he had had any Witnesses he might have sent for them the last Terme but it is a very unusuall course especially in that he could not but expect that he should be tried before this time but then the Court did conceive this was a legall information No place is mentioned by the Prisoner where the Witnesses should be nor are they named who they are nor any particular thing that they should testifie but the proof lies cleere on our part there 's no justification in Treason if we prove that this Lord hath committed Treason there 's no justification of that by any Witnesses he can produce Iudge The Lord Grey that was L. Deputy of Ireland committed his Treasons in Ireland for which hee was brought over hither and tried here yet the Court did not stay for his sending over into Ireland for Witnesses Mac. I desire Witnesses Iudge What can your Witnesses say for you Can they say thus much That you did not conspire as this Indictment charges you that there was no taking of these Castles Can they sweare in the Negative the proofe 〈◊〉 in the Affirmative on the Kings Part Mac. They may be m●…-informed Judge Who may be ●…s-informed Mac. The Court I have been kept close prisoner a long time and could not provide my Witnesses Ser. Whitfield If we were not tied to that to nothing but his own Confession ther●…'s enough to condemne him for that he saies he was kept close prisoner he might have desired that the last Terme Sergeant Roll. If we go upon your own Examination th●… witn●…sses conc●…rring with that what can you have Judge If you had witnesses here we would hear them but to stay upon a meere verball supposall for those witnesses in Ireland they may be in that rebellion too and they will never come hither and so the matter must never come to a Tri●…ll Mac. I desire that it may be the next Terme Judge We cannot protract time they are the Kings Witnesses there are I suppose divers here many Witnesses of the Kings come out of Ireland if you will aske them any Questions for your defence you shall There are many Witnesses of the Kings that know how things were in Ireland the Court shall put them to speake Mac. I humbly desire to have a formall Triall Judge In what respect do you meane I think it is 〈◊〉 now Now you are come to be arraigned and the evidenc●… is to come in against you I conceive it is a formall one Then the Prisoner was required to hold up his hand at the Barre and it was demanded if he would challenge any of the Jur●… that were to passe upon him in matter of life an●… death Then the Jury being called he lookt upon them and challenged those which did appeare being 23. there being onely one absent being demanded whether his challenge was peremptory or no He answered it was for causes best knowne to himselfe Jury challenged Sir W●…m Brownclow Knight and Bar●… et Sir He●…ry Ro●… Sir Matthew Howl●… ●…homas Mar●… Esquire T●…omas Wilcox Esquire W●…am Lane Esquire Edward Rogers Esquire Edward Claxton Es●…uire Ric●…ard ●…achary Esquire Hump●…ey Westwood Esquire Iohn Iackson Esquire Io●… P●…wlet Gentleman Thomas Po●…ock Gent. Henry Smith Gent. Francis Child Gent. Edward Wilford Gent. William Vincent Gent. Iohn Barnes Iohn Arnold Iohn Hucksley Esquire Sir Iames Harrington Knight Thomas Moore Esquire Henry Arund●…ll Gent. Ser. Whit. The Prisoner hath challenged all the Jury that does appeare 23. appeares and he hath challenged them and his challenge is for causes best known to himself which is a peremptory challenge Truely it is that which the Law doth allow and we do not oppose it but we doe desire that wee may have another Writ returnable to morrow Judge You must have a Venire facias Ser. Whit. This cause is a cause of very great weight there are many Witnesses that have long attended in Court we are informed that some of them are gone away into I●…eland that there is the Sheriffe of Dublin and some others that are now present in Court that cannot be here if wee should deferre this Triall as the Prisoner doth desire and we do desire that it may be referred till to morrow we shall be ready to give in