THE whole trial OF Connor Lord Macguire, WITH The perfect Copies of the Indictment, and all the Evidences against him. ALSO The copy of Sir Philome Oneales Commission, the Pope's Bull to the confederate Catholics in Ireland, with many remarkable Passages of the grand Rebellion there, from the first Rise thereof to this present. His Plea of Peerage, and several Answers: With the several 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 several Testimonies brought in against him at his trial at the King's Bench bar, in Hilary term l●…st: By  

The Lord Blaney.  
Lady Calfield.  
Sir Arthur Loftus.  
Sir John Temple.  
Sir William Stewart.  
Sir Fran. Hamilton.  
Sir Edw. Borlacey.  
Sir William Cole.  
Sir Charles Coot.  
Mrs. Wordrofe.  
John Carmicke.  
Walter Gubson.  
M. Bunbury.  
Cap. Mich. balfour.  
Captain Berisford.   
LONDON,  
Printed for Robert Austin, in the Old-bailey. 1645.   

THere will be no need of making any long preamble to this business of the Lord Macguire: there is none of us but have cause to be very sensible of i●… in some of our blood, some dear 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 find in order, which are in themselves so copious, and satisfactory, 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 council.  

W. PARSONS.  
IO. BORLASE.   
THese are to make known and publish to all his majesty's good subjects in this kingdom of Ireland, that there is a discovery made to us the Lord's Justices and counsel, of a most disloyal and detestable conspirace intended by some evil affected Irish papists, against the lives of us, the Lords justices and counsel, and many others of his majesty's faithful subjects universally throughout this kingdom, and for the seizing not only of his majesty's Castle of Dublin, His majesty's principal Fort here but also of the other Fortifications in this kingdom: And seeing by the great goodness and abundant mercy of Almighty God to His majesty and this State and kingdom those wicked conspiracies are brought to light, and some of the conspirators committed to the castle of Dublin, by Us, by his majesty's Authority so as those wicked and damnable plots are now disappointed in the chief parts thereof, We there●…ore have thought fit hereby not only to make it publicly known, for the comfort of his majesty's good and loyal subjects in all parts of the kingdom, but also hereby to require them that they do with all confidence and cheerfulness betake themselves to their own defence, and stand upon their guard, so to render the more safety to themselves and all the kingdom besides, and that they advertise Us with all possible speed of all occurrents which may cencerne the Peace and safety of the kingdom, & now to show fully that faith and loyalty, which they have always shown for the public services of the crown and kingdom, which We will value to His majesty accordingly, and a special memory thereof will be retained for their advantage in due time, And We require that great care be taken that no levies of men be made for foreign service nor any men suffered to march upon any such pretence.  
Given at His majesty's 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 copy of one under Plunkets own hand,) and have ever since continued this Rebellion.  

By the right Honourable the general Assembly of the confederate Catholics of Ireland.  
THese are to will and command you forthwith to make diligent search and inquiries within your several towns, Villages, Quarters and Corporations, for all such soldiers as are come from the Fort of Duncannon, sithence the late c●…ssation; which were under the command of captain Ralph Capron, and captain Edward Ashton, and wheresoever they or any of them shall be found, their body's t●… restrain and deliver unto the said Captains upon demand by the said captains, or either of them, the said C●…ptains faithfully promising not to inflict any further pun●…shment upon the said soldiers or any of them, for this their f●…rst fault, whereof you may not fail, as you and every of you will answer the contrary. And for so doing, shall be a sufficient warrant.  
Given at Waterford the 15th. of November 1643. N. Plunket. To all his majesty Sheriffs, sovereigns, Portriffs, bailiffs, colonels, captains, Commanders and other Officers whom it may concern within the County of Wexsord or elsewhere.   
And in this bloody war 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 appears 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 kingdom.  
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 ourselves their goods and estates: we therefore desire to be rightly understood: for we 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 Catholics) respectively live and en enjoy the freedom of their own Religion, and peaceably and quietly possess their own estates, so far forth as they, or any of them, shall join with us in this Oath following:  
IA. B. do in the presence of Almighty God, and all the Angels and Saints, and by the Contents of the Bible, promise, vo●…, swear and protest, to bear true faith and Allegiauce to our sovereign Lord King Charles, and the heirs 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 forcibly wreste●… from him y the Purit●…nes, in the Houses of Parliament in England, and to maintain the same against them and all others tha●… sh●…ll directly or indirectly endeavour t●… suppress●… or do any hast contrary to regal government; as also to maintan episcopal jurisdiction, and the lawfulness thereof in the Church, powers and privileges of Prelates, and the lawful Rights and privileges o●… the Subject:* And I will 
〈◊〉  d●…e no act or thing directly or indirectly, to hinder the free and public excercize of the Ro●…ish Catholic Religion in any His majesty's Dominions and that I will join with, and be assistant to the members of this Common wealth for redress to be had of the grievances and pressures thereof in ●…ch manner and form as shall be thought fit by a lawful Parliament, and to my power as far as I may I will oppose and bring to condign punishment, even to loss of life, liberty and estate, of all such as either by force, or practice, co●…ncells, plots, conspira ies or otherwise, do, 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 fear, or punishment or any respect whatsoever, shall relinquish this Oath and Protestation. So help me God.  
This Declaration and Oath was entered inthe counsel Book of K●…lkeney, and this is a true copy thereof.  
Witness the hand of Jerem●… Green, Clerk of the supreme council of Kilkeney.   

God save the King. By the Confederate Catholics of the Supreme counsel.  
Whereas the Scottish army in the Province of Ulster, and other their adherents, in the said Province, and other parts of the kingdom, have of late (as often before taken) a traitorous Oath of Coven●…nt against His Sacred majesty, his crown, and Dignity, and made an unchristian and profane Vow for the utter extirpation of the Irish Nation, and total suppression of the Catholic Roman Religion, Subversion of monarchical government, and introduction of confused Annarchy within this realm: and not contented with the inhuman and unparalleled Massacres by them committed on poor labourers, wom●…n, children, and many thousands of other Innocents of our Nation, without distinction of age, sex, or condition, before the conclusion of the cessation at Siggins town, on the 15th. of September last, notwithstanding continual depredations, robberies, thefts, burnings, and destruction of all the corn and Inhabitants in many Counties and Territories within the said realm, and elsewhere by them acted before the said Cessation: the said traitorous Covenanters receiving their maintenance, support and orders, from the rebels now in arms against His majesty in England; have augmented, and do rather multiply and increase, then diminish their exorbitant courses: and whereas the said rebels have joined in a strict union & confederation to destroy the Irish Nation root and branch (as they term it) and their Ministers and adherents, by their directions, at Sea as well 〈◊〉 Land, do exercise no less cruelty: For, as oft as Shipping do meet any weaker Vessels at Sea, transporting men from this kingdom for His majesty's service in England, if Irish men, Though Protestants, and Valiant and useful servitors against the Confederate Catholics in this war, the Irish are thrown over board, as doth appear by the late throwing into the Sea, & drownig of an Irish Company of Foot of colonel Willowbies' Regiment, all Protestants, and servitors as aforesaid; and many women in their passage from Dublin to Bristol, by one of the pretended Parliament ships, and sundry other examples of that kind, against the Law of war 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 kingdom, to accomplish the plots and machinations aforesaid: And whereas the said rebels in England have provided a great Navy, a considerable part whereof doth surround the the sea-coast in this kingdom, 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 design of landing of Forces in the parts of Ulster next unto the Province of Conaght: And whereas the auxiliary 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 Earl of C●…stle haven, general, appointed by the last general Assembly for the expedition of Ulster, to repel the said fury and insolency of the said Rebels. Wherefore we hold it of absolute necessity, for the safety of the kingdom, and His majesty's interest therein, that all the said other three Provinces be forthwith in arms, as well to preserve themselves at home from the said intended invasions, as also to be ready to assist the said Army abroad, Marched into Ulster, if need require.  
We do therefore by this public Act and Proclamation order, command, and require all the Lords, Knights and Gentlemen, Freeholders, and all other persons, from the age of 18. years, to the age of 60. forthwith to put themselves in arms and posture of defence, and such as want arms 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 governors, Deputy governors, Majors, sheriffs, and all other Head-Officers of the respective Counties, Cities, and incorporate towns of this kingdom, within our quarters, viz. the governors, Deputie-Governours, in the Counties where they are governors, to call to assistance the High sheriff, and two or more of th●… Commissioners of the Array and in the county swhere there is no governor, the High sheriff, calling to his assistance three, or more of the commissioners, of the Array: and in the Cities, and Cor●…orate towns, the Major and other Head-officers, taking to assistance the recommended sheriffs and bailiff 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 bear arms, betwe●…ne the ages aforesaid, to appear well armed upon a certain day, and in a certain place, within the said respective Counties and towns respectively, and upon such appearance, to inlist the names, surnames, age, arms, and Ammunition of every person, who will so appear, in a book fairly written, and the said governor, 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 arms 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 arms he should have, upon such as will appear, and not be Armed as becometh: And we require the said governors, and other Officers aforesaid, at their perils to make due return unto the general assembly now near at hand, or unto us, in a fair book fairly written, of the number, names, ●…r-names, arms, ammunition, defaults, and fines aforesaid, at the furthest, by the sixth day of the month 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. Bourke, Printer to the Confedrate Catholics of Ireland.   

I Caused this Declaration and Proclamation to be printed here in England, and will justify it to be their act upon oath.  
Lazarus Haward. My lodging at Master Sretcher's in the Tower bulwark.   
But to come to the particulars of the trial of the Lord Maguire; which was thus:   


The copy of the Indictment. ●…  
Conner Maguire alias Cornelius Maguire.  
〈◊〉. Rex Cont.  
BY the indictment, the defendant Cornelius Maguire Esquire, that is n●…w prisoner at the bar; is charged 〈◊〉 〈◊〉, together with Sir Phil. O Neale, Philip O rely, Roger Moor, A●…m. Roger Maguire Esquire, Toole O Conley Clarke (being a Roman Priest) Hugh Mackmahune, and divers other persons, false traitors unknown, as a falsetraytor against the King's majesty, His supreme liege Lord; Not having the fear of God in his heart, nor considering his duty or allegiance, but being seduced by the instigation of the devil, Intending altogether to with draw, blot out and extinguish the cordial love and due obedience which faithful Subjects owe to their sovereign.  
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 & traitorously did conspire imagine & compass utterly to deprive and disinherit the King's Majesty of His royal Estate & kingdom of Ireland. To bring His majesty's Person to death and destruction, To raise sedition & breed and cause miserable slaughter and destruction amongst the King's Subjects, throughout all the whole Kingdom, To make an insurrection and Rebellion against the King His sovereign, To levy public open bloody and fierce War against the King in that kingdom, To change and alter according to their own wills, the government of the kingdom, 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 foreigners (not being the King's Sub●…ects) in a Warlike manner to invade that Kingdom of Ireland, and to le●…y war 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 tool 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 kingdom.  
And further, to put in execution their traitorous 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 traitorously conspire to enter into, seize get into their own power, and to surprise the King's Castle at Dublin, and all other the King's Castles and Forts in that Kingdom, & the Magazine therein, And at the same time unlawfully and traitorously did endeavour and actually attempt to gain into their possession and power, and to surprise 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 pass their most horrid wicked treasons and conspir eyes.  
22. Octo. 17. Car. At Charlemont and other places before and after, being armed and arrayed, with a great multitude, in a Warlike manner, with banners di●…played, drums, swords, Staves, guns, and other invasive and defensive weapons, did falsely and Traterously p●…epare and levy open fierce and bloody War against the King's Majesty, And the same 22. Octo. seized and surprised the King's Fort at Charlemont. And then and there 〈◊〉 and traitorously did kill and murder Toby Lord Caufeild, Francis Davies, and others of the King's Subjects that were Protestants.  
That the defendants, 4. Junij. 18. Car. at the Castles of Keilagh and Cragan, and other times and places before and after, levied War seized and surprised those Castles, and did kill and murder, Owen Powell, and William Cosens, and many other of the King's Protestant Subjects in t●…at kingdom.  
Which several offences are laid against his duty and allegiance, against the Peace of the King His crown and dignity, in manifest breach and contempt of the laws and Statutes of this kingdom.  
The defendant pleaded not guilty? And being demanded how he would be tried?   

The Copy of the plea.  
HE pleaded the Statute of Magna Charta, 10. Febr: 9 Hen: 3. that none should be condemned but by trial of his peers, 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 several Treasons charged in the Indictme●…t, Bryan Mag●…ire his father by letters patents was created Baron of Enis kellyn in Ireland, to him and the heirs males of his body; by force whereof his father was seized of the Barony in Fee tail, and 1. Febr. 12 Car. died so seized; after whose death, the Barony descended to the Defendants: by virtue 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 several 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 her Plea and prayed that he might be tried and Judged by his peers in Ireland.  
Whereunto the King's council demurred in Law, And the Defendants joined in the Demurrer.  
Upon this plea of the L. Maguire the beginning of Hillary term. Judge Bacon delivered his judge●…ent, that a Baron of Ireland was tryable by a Jury in this kingdom: 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 judgement given by Master justice Bacon, in overruling the Plea of the Lord M●…guire and of the manner of the trial upon the Indictment o●… High Treason in the King's Bench, and the judge is he ●…by required to proceed speedily thereupon according to Law and justice. The Lord's concurrence to be desired herein, Master Recorder is appointed to carry it up.  
Unto this Vote of the Honourable House of Commons the House of peers 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 judgement given by Master justice Bacon, in over ruling the Plea of the Lord Maguire, and of the ma●…er of the trial 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 justice.  
John Browne, Cler. Parl. Hen. Elsing Cler. Parl. D. C.    

The trial of Connor Macguire, Baron of E●…kellin in Ireland (a grand Irish Rebell●… at the King's Bench bar,  
On M●…nday Febr. 10. and Tu●…ay Febr. 11. 1644  
ON Monday, February 10, the Lord 〈◊〉 (one of the chief Actors in that unparalleled and unheard of Rebellion in Ireland) was brought from the Tower of London, by the Guard belonging thereunto, unto the Kings-Bench bar, 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 spoke as followeth.  Macguire. 
I do humbly move, that I may have time allowed me by this Court to send for my Witnesses.  Judge. 
You have had a long time; you were indicted about the beginning of the last term, you might have prepared Witnesses the last term.  Mac. 
I did not expect a trial.  Judge. 
You should expect it at your pe●…ill.  Mac. 
I was told, when I came into the kingdom, that I might have Witnesses.  Judge. 
The proof lies upon the King's part.  Mac. 
Though the proof be of the King's part, yet I must have time to clear myself.  Judge. 
But if every man should ask so much time as you require, he should never come to his trial.  Sergeant Wh●…field. 
Mr. Justice Bacon, we know that my L. Ma●…guire was indicted here the last term, he was arraigned at this bar, 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 term: but it is a very unusual 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 legal 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 testify: but the proof lies clear 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.  Judge. 
The Lord Gray, that was L. Deputy of Ireland, committed his Treasons in Ireland, for which he 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.  Judge. 
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 swear in the Negative? the proof 〈◊〉, in the Affirmative on the King's 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 condemn him, for that he says he was kept close prisoner, he might have desired that the last term.  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 mere verbal supposal, 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 term.  Judge. 
We cannot protract time, they are the King's Witnesses, there are (I suppose) divers here, many Witnesses of the Kings come out of Ireland, if you will ask 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 speak.  Mac. 
I humbly desire to have a formal trial.  Judge. 
In what respect do you mean? 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 formal one.  
Then the Prisoner was required to hold up his hand at the bar; and it was demanded, if he would challenge any of the Jur●… that were to pass upon him in matter of life an●… death.  
Then the Jury being called, he looked upon them, and challenged those which did appear, being 23. there being only one absent, being demanded whether his challenge was peremptory or no? He answered, it was, for causes best known to himself.  

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.  
John Jackson, Esquire.  
Io●… P●…wlet, Gentleman.  
Thomas Po●…ock, Gent.  
Henry Smith, Gent.  
Francis Child, Gent.  
Edward Wilforde, Gent.  
William Vincent, Gent.  
John Barnes.  
John Arnold.  
John Hucksley, Esquire.  
Sir James Harrington, Knight  
Thomas Moor, Esquire.  
Henry Arund●…ll, Gent.   Ser. Whit. 
The Prisoner hath challenged all the Jury that does appear, 23. appears, and he hath challenged them, and his challenge is for causes best known to himself, which is a peremptory challenge. Truly, it is that which the Law doth allow, and we do not oppose it, but we do desire that we 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 sheriff of Dublin and some others that are now present in Court, that cannot be here, if we should defer this trial, as the Prisoner doth desire, and we do desire that it may be referred till to morrow, we shall be ready to give in evidence against him.  Judge. 
He hath spent t●…ree days this term 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 progress in it, our Witnesses have been long det●…ned h●…e, and cannot attend till the next term, some of th●… being to depart within two days.  Judge. 
A public case must have public 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 confer together, departing the Cou●…●…or some time, and when we have conferred together, we will ret●…n to the Court again, and then we will propound to you what course we do desire for the speedy trial of this cause.  
To this motion the Judge assented, and Ser. ●…itfield and the rest of the counsel went to consult together about it, and after a short stay, upon the●…●…turne, S●…r. ●…hitfield spoke thus:  Ser. Whit. 
We that are of counsel for the King, have consulted together with the clerk of the Crow●…, and 〈◊〉 Secretary, we have ●…drawne ourselves, and 〈◊〉 several precedents, and we do find 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 trial: 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 friar's Case!  Judge 
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 sheriff can do it to morrow.  Ser. Whit. 
We do find this in the precedent of Friar, That in 3. Hen. 7. the Jury did appear on Friday, and all those that did appear were challenged, and there was a Distringas returned the next day, which was Saturday. It may be immediate.  Judge. 
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 sheriff can return it so soon.  
Is the King's council 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 lieutenant of the Tower to bring him again the next day.  

ON Tuesday Febr. 11. the L. Macguire was again brought to the Kings-Bench bar, where he made a motion that his Plea of Peerage might be referred to another Court. To which it was answered.  Ser. Whit. 
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 far 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 trial; we are now to proceed with such evidence as we have, to prosecute instantly: We do not desire this to be produced again, and if it be, we know not how it could be material 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 trial 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 appeal to the Lords.  Ser. Whit. 
When one is come here, to appeal to the Lords, that was never known: now you have put yourself upon the Country.  Mac. 
Under favour, I conceive I may, to an higher Court.  Judge. 
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 appeal, 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.  Judge. 
We have no such Course in the Common Law, ●…f a man will appeal f●…m me, I cannot let him appeal to any man.  
Upon this, these of the Jury following were named, which he challenged: viz. George Ha●…ger Esquire, Sir M●…chael Whart●…n, James 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 nicol, 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 sequestered, those men that have bought my lands, should not pass upon my trial; and therefore I desire they may make answer to it upon oath, whether any of them have adventure●… or no.  Ser. Whit. 
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 sworn, 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 show cause.  Mac. 
I conceive, that any that have given money for Ireland for my destruction, ought not to pass against me.  Ser. Whit. 
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 far 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: look the Statute.  Mr. Prynne. 
Under favour M. I B. it doth not appear 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 needless 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 rebel's Land: Macguire desired the Question might be, whether they themselves, their children, or brothers? But that would not be agreed unto, as being unreasonable: Then the Jury following was sworn: I. Carpenter, John Cooper, A. Cordall, Rich. Atkinson, Josias Hendall, William Greenwood, William Barnes, Robert Stiles, George Norfolk, Edw. Hudson, John wait, Esah Risby, The Oath which they took was this;  You shall well and truly try, and true deliverance make between our sovereign Lord the King, and Connor Macguire Esquire, now priso●…er at the bar, and a true verdict give accorging to your evidence. 
The Jury being sworn, 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.  Judge. 
They returned 24. that is, because if any of them did fail, and some may be challenged, than there might be 12. left.  Mac. 
Under favour, I conceive, there should be 24. now left for my trial.  Judge. 
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 jury, Upon this Indictment he hath been arraigned, and to his arra●…gnment he hath pleaded, Not guilty, and thereupon put himself upon his country, and your charge is to inquire whether he be guilty of the Indictments, or any of them, if you find him not guilty, you are to declare it, if guilty, than you are to give in evidence against him.  M. N. M. judge Bacon. 
You observe by the Record that hath been read to you, that the prisoner at the bar stands indicted of several 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 bar is guilty of all, or any of these treasons, than you are to give your Evidence.  
Then these Witnesses following were sworn to give in evidence against the Prisoner.  

The Lord Blancy,  
Lady Calfield.  
Sir Arthur Loftus.  
Sir John Temple.  
Sir William Stewart.  
Sir Francis Hamilton.  
Sir Edward Borla●…y.  
Sir William Cole.  
Sir Charles Coot.  
Mrs. Wordrofe.  
John Carmicks.  
Walter Gubson.  
M. Bunbury.  
Captain Michael balfour.  
Captain Berissord.   

Sir William Coles testimony.  S. W. 
You know (Sir William Cole) a great many of their names which you have heard that were conspirators with this Lord, what Religion were they of?  Sir W. Cole. 
They were all Papists.  S. W. 
Who were they?  Sir W. Cole. 
The L. Macguire, Sir Philom Oneale, Roger Moor, &c.  S. W. 
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 blown ●…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 surprise it.   

Sir William steward's 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 King's 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 near as I can, I will give you the business, it is so long ago: this I remember, that there was one of the Lord's 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 blown up for it, it was about a fortnight after the Earl of Strafford was behead●…d here. Thereupon they got an Order for it, and so they went down, and they did not find 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 ourselves, says of them, the L. Clamorris, they are afraid 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 ask the reason of it, it was to assure themselves of the strength, for we found by woeful experience afterwards, it was their end. My Lord Borlace said, let them not be afraid, 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. W. 
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. woodcock, that was sheriff 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 city 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 design intended, did by virtue of his off●…ce walk up and down the city that night, and coming to the house of one Nevil, a chirurgeon in Castle-street, he understood by the ●…id Nevil, 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 Nevil did bring this Examinate word, that the Lord Macguire and his company, 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 tailor, whereupon he searched the said house, and there found some hatchets with the halves newly cut of ●…ose to the hatchets, five p●…tronells, five or six swords, three or four small pistols, five or six s●●ines, with other arms of the L. Macguires in an house of office in the said house, in another place divers pol●…axes, and also behind a hen-roost some great weapons with sharp pikes of iron in one end of them, the said kern 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 cloak wrapped 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 own 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 council-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, chancellor of His majesty's Court of Exchequer the 26. day of March, 1642. by direction of the right honour able the Lords justices and counsel.  
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 Moor in the said Moor's chamber in the house of one Peter de Costres of this city 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 Moor also acquainted him this Examinate, that he had spoken with sundry of Leinster, who would be ready for that purpose, and withal told him this Exa●…inate, that he was assured a good part of Conaght would do the like, and thereupon moved this Examinate to join likewise with them, with all he could make; unto which motion he this Examinate yielded: and the next day following there was a meeting in his the said Moor's chamber aforesaid, where were Col. Mac-Bryan, Macm●…, Tirel●…gh Oneale, Philip Mac-Hugh O Rely, this Examinate, and Roger Moor, where discourse was had on that business, yet nothing concluded on, save that Roger Moor and the rest should go and prepare their parties. And this Exa●…inate further saith, That about May last, he this Examinate, Roger Moor, 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 business concerning the general Rebellion then in preparation, which said Priest returned about a month 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 days after the people were up) be with them with his best assistance and arms; and it being demanded why the said Owen should bring arms, considering that the Castle of Dublin was to be taken, with the arms therein, this Eximinate answered, that they so provided for arms, 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 surprised by himself, Capt. Brian Oneale, Capt. Con Oneale, Capt. Macmahone, one Owen O R●…ly, Roger Moor, Hugh Macmahone, Col. Plunket, and Capt. ●…ox, and likewise further acknowledgeth, that Hugh Mac-Phelim, captain 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 Moor, 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 John Barnwell a Franciscan friar, 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 surprise of the said Castle of Dublin, only Cohonogh Macguira was privy unto the business in hand, and that the last meeting (when the day appointed for execution thereof was resolved on) was at Logh Rosse, where were present only, Ever Macmahone, Vicar general of the diocese of Clogher, Th●…mas Mac-Kearnan, a friar of Dundalke, Sir Philom Oneale, R●…ger Moor, 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 showed and read unto the within named Lord Macguire, and himself having perused the same, his Lordship did acknowledge the same to be true in all things, saving that he doth not now acknowledge that Barnard told him, that those of the Pale were privy to the plot, neither doth acknowledge that Cohonagh Macquire was privy to the plot before his coming to Dublin.  
This examination and acknowledgement was made and taken the 22. day of June, 164●…. Anno Regni Caroli Regis decimo octavo, before us.  
John Bramstone. Thomas Malet.  
In the presence of John Conyers. William Ayloffes. Nathanael Finch.  
24. June 1642. The examination of Connor Lord Macguire, Baron of Eniskillin, taken before Sir John Bramstone, Knight, Lord chief Justice of the Kings-Bench.  
Who saith, That he is of the age of ●…6. years 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 acknowledgement 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, lieutenant of the Tower of London, and Laurence Whitaker Esquire, 2. of His majesty's 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 hear of any. He saith, he was but a mean Instrument in the design 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●… Catholic Religion. He confesseth that he c●…me accidentally to Philip O relies 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 design in execution, and that then and there t●…ey had speech about that design; but he remembreth not the particulars, which design 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 four of the clock in the morning.  


Laurence Whitaker.  
Isaac Penningter.     

John 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 endeavoured 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 far as it went with his Allegiance and conscience. He discovered unto the said Examinate, that the L. Macguire and Hugh Oge Macmahon accompanied with several Irishmen of the Counties of Fermanagh and Monaghan, did take their journeys out of the said Counties upon the 19 and 20. days of October 1641. to the city of Dublin, with resolution and intent to murder and kill His highness' Lords Justices, and Coun●…ll of the kingdom 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 kingdom to repair unto, and meet them in Du●…lin on Saturday 23. Octob. 1641. or thereabouts; and that all the Castles, Fo●…ts, seaports and Holds that were in the possession of the Protestants in the several Counties and Provinces in the kingdom of Ireland, were then also designed and resolved to be surprised and taken by the Irish Papists, and the Protestan●…s in every of those castles, Forts, seaports and Holds, to be then also put ●…l to the sword by the Irish Papists in Ireland in their own several 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 himself and goods out of town; whereat the Examinate smiling, Fergus bid him not to slight it, for he could assure those things would come to pass in seven days, or else 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 affirms to the same effect to Sir William Cole, that the Plot for the surprising 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 kingdom, 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 possess 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 surprising of the castles and houses of the Protestants: of all which Sir William advertised the Lords Justices and council of Ireland the same day. And this Examinate ●…aith, that Captain Mac-Hugh seven or eight days before the Rebellion ●…rke forth, declared. That the L. Macguire posted Letters, and r●…de ●…p and down to divers Gentlemen, and others of that County to be very active in the business. 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 murder 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 town and Corporation of Eniskillin, for which service they were not on●…ly to have the spoil 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 heirs. The Examinate th●…n also produced a Letter written in Irish from the L. Macguire, to his x 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 mind, and not to pursue those resolutions which in the end might be his own destruction, as he thought it would be to all those that did not appear.  
Presently after, upon the 29. of October, one Captain Rori Ma●…guire took upon him the managing of all businesses in his absence, he fortifies first the Castle-Hasen, the house wherein he dwelled himself, 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 killed none of the men; went thence to another place, and hanged one ●…leazar M. one that was clerk of the Peace of the County, and from thence he went to Newton, four Miles off from it, took in the town, stripped and disarmed all the Protestants that were in the Church, the next day after Marched away, and killed 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. Protestant's were destroyed in that County; and I did hear there was about 152000. that they had destroyed in that Province of Ulster, in the first four months 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 go upon these particulars. 1. Captain Oneales landing in Ireland, and what he brought with him. 2. Guilo and Croc●…. Lastly, how long besieged, and how many murdered?  
Then Sir William Steward gave in testimony to this effect:  
That Con Owen Oncale landed in July the same year the Rebellion began, brought many Commanders, much arms and Ammunition; many of his Commanders, nine of the chief of them, were taken prisoners at one battle.  S. W. 
It is his own conf●…ssion, that he sent a Priest over to s●…ch arms 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, murdered his servants; and those that were alive, they bound them, and put them in prison: and at that time Sir Pbilom Oneale himself, and other of his companions told her, That Dublin castle and city, and most other Forts of Ireland, were surprised by their confederates the Papists: 〈◊〉 that he was sorry for his x the Lord Macguire, and that he was afraid he was taken.  S. W. 
What was done with my Lord Calfield?  La. Calfield. 
He was murdered: he begged for his life, and they durst not but do it.  S. W. 
When Sir Philom Oneale had taken my Lord Calfield, than they got this Lady to write to the Lords Justices, that my L. Macguire might be exchanged for her son, 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 break 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 again, 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 rebels 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 conspirators, and Powell, and 〈◊〉, 〈◊〉 〈◊〉 force in an hostile manner.   

Sir Francis Hamiltons testimony.  
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 〈◊〉, sometimes 1500. but rever●….  
Sir Charles Cootes Testimony concerning the gen●…rality of 〈◊〉 Rebellion.  
Sir Philom O Neale and R●…ger Moor were the actors in the ma●…sacres, and by public directions of some in place, and of the Titulary Bishops, for the sending of an edict account of what 〈◊〉 were murdered throughout all Ulster, 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 months of the Rebellion.  S. W. 
What say you concerning the general Counseil, and the Pope's Bull?  S. C. Coote. 
The supreme counsel they took up a new form●… of government upon them of their own, and by this authority i●… was granted to the Lady 〈◊〉, that she should have the Rent, of such Lands in recompense of the loss that he was at in their causes They have made several Judges of their own Courts: They print, they coin, they do all in their own names.  

The copy of the Pope's Bull. Ad futuram Rei Memoriam. Urbanus Octavus, &c.  
HAving taken in●…o Our serious consideration the great zeal of the 〈◊〉, towards the propagating of the Catholic faith, and the pieti●… of the Catholic warriors in the several armies of that kingdom (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 arms to deliver their thralled Nation from the oppressions, and grievous injuries of the heretics, wherewith this long time it hath been afflicted, and heavily burdened, and gallantly do in them what lieth to extirpate and totally root out those workers of iniquity, who in the kingdom of Ireland had infected, and always striving to infect the mass of Catholic purity with the pesteriferous leaven of their heretical contagion; We therefore, being willing to cherish them with the gifts of those spiri●…uall graces, whereof by God we are ordained the only disposers on earth, by the mercy of the same Almighty God, trusting in the authority of the blessed Apostles Peter and Paul, and by virtue of that power of binding, and losing of souls, which God was pleased (without our deserving) to confer upon us. To all and every one of the faithful Christians in the foresaid Kingdom of Ireland now, and for the time militating against the heretics, and other enemies of the Cat●…olike Faith, they being truly and sincerely penitent, after confession, and the spiritual refreshing of themselves with the sacred communion of the Body and Blood of Christ, do grant a full and plen●…ry Indulgence, and absolute remission for all their sins, and such as in the holy time of J●…bilee, is usual to be granted to those that devoutly visit a certain number of privileged Churches, within and without the walls of our City of Rome, by the tenor of which present letters for once only and no more, we freely bestow the favour of this absolution, upon all and every one of them, and withal desiring heartily all the faithful in Christ now in arms as aforesaid, to be partakers of this most precious treasure.  
To all and every one of these foresaid faithful Christians, we grant licence, and give power to choose into, themselves for this effect any fit Confessor, whether a secular Priest, or a Regular of ●…me Order, as likewise any other selected Person approved of b●… the Ordinary of the place, who after a diligent hearing of their co●…sions shall have power to liberate and absolve them from exc●…mmunication, suspension, and all other ecclesiastical sentences 〈◊〉 censures by whomsoever or for what cause soever pronounced, 〈◊〉 inflicted upon them: as also from all sins, trespasses, transgressions, crimes, and delinquencies how heinous and atrocious soever they be, not omitting those very enormities in the most peculiar cases which by any whatsoever former constitutions of Ours, or of our Predecessor Popes (Than which we will have these to be no less valued in every point) were designed to be reserved to the Ordinary, or to the Apostolic Sea, from all which the Confessor shall hereby have power granted him to absolve the foresaid Catholics at the bar of conscience, and in that sense only. And furthermore we give them power to exchange what vow or vows soever they were formerly astricted to (those of religion and chastity excepted) into any other pious and good work or works: imposed or to be imposed on them and every one of them to perform in all the foresaid cases by a wholesome penance according to the mind and will of the Confessor.  
Therefore by the tenor of these present Letters, and by the virtue of that Holy strict obedience, wherein all Christians are bound unto us, we charge and command all and every one of the reverend Brethren, Archbishops, Bishops, and other ecclesiastical Prelates, and whatsoever Ordinari●…s of places now residing in Ireland, together with all Vicars, substitues and officials under them, or these failing, We command all such to whom in these places the care of souls is incumbent, that as soon as they shall have received the copi●…s of these Our Letters, they shall forth with without any stop or d●…lay publish them, and cause them to be published throughout all their Churches, Di●…cesses, Provinces, Countries, Cities, towns, Lands, Villages, and places whatsoever. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by these pr●…ent Letters, where any public or secret irregularity is made known, or any defection, apostasy, incapacity or inability in any manner of way contracted, to dispense therewith, or grant to any other any power or faculty of dispensation, rehabilitation or restoring the Dal nquent to his former condition, though but at the bar of consc●…nce: neither can nor should these our present Letters avail or be stedable to those, who by us and the Apostolic Sea, or by any Prelate or ecclesiastic Judge have been excommunicated, suspended, interdicted, or declared, and publicly denounced to have justly incurred the sentences and censures of the Church, till first they have satisfied and agreed with the parties therein concerned, not withstanding all other Constitutions and apostolical Ordinations, whereby nevertheless the faculty of Absolution in these as well as other expressed cases is so reserved to his holiness●… the Pope for the time being, that no kind of Jubilee nor power of granting such indulgences can in any sort 〈◊〉, unless express mention be made of the fault or faults in particular, and the whole tenor of them fully deduced by an individual relation from word to word, and not by general clauses importing the same thing: this or some other exquisite form of the like nature being: carefully observed, we in that case especially, expressly, and namely by the effect of these presents do totally abolish and remit them all and every one of them their offences, not withstanding any thing to the contrary.  
Now that these principal Letters of ours, which cannot be conveniently brought to every place, may the sooner come to the notice of all, Our will and pleasure is, that any whatsoever Copies or Transumpts whether written or printed, that are subscribed with the hand of a public notary, and which have the seal of some eminent Person in ecclesiastical dignity affixed thereunto, be of the same force, power, and authority, and have the like credit in every respect given unto them, as would be to these our principal Letters ●…f they were shown and exhibited.  
Dated at Rome in the Vatican or S. Peter's Palace the 25. of May 643. and in the twentieth year of our Pontificat. M. A. Maraldus.   S. W. 
We have troubled you with a long relation of the actions of the Confederates with the L. Macguire, though not done in his own person, and his own particular Act; but for this that was done by the Generality, I heard my Lord say at the Bar, What's that to me? Yes my Lord: This is to you, you were one of the Conspirators in the first plot, and you contrived the business. And that had been Treason alone, to send the Priest to fetch Owen Oneal into Ireland, with arms and soldiers, but you contrived this, and conspired it, and you are as guilty in Law in all these cruel murders, and burnings in every place: For the Law of England is, in Treason you are all principles, no Accessaries; your Son was there, your Lady is Rtewarded: For the supreme council they have taken care of you: Why! Because you were one of the first complotters of it, and this will light upon you and fall very heavy: And for your Exchange it was propounded for the L. Calfield, but when they could not have that greed upon, than what becomes of the poor Lord Calfield? murdered too: And you see what encouragement you have from the Complotters, and from the devil too, for they were both together in it. And now you have seen the Indictment fully made good.  
Then the Lord Macguire proceeded to make his defence, wherein he first of all denied his Examination (although testified as before by so many credible witnesses) and said that he knew no such Examination.  
That at the time of his apprehension at Dublin, he came about his own particular occasions, as his Estate was in danger if he did no●… follow it: That because he was found about the City, he was therefore apprehended; That his lodging was not within the City, but he lodged without the City; that he did lodge at Mr. Nevil's House formerly, but not at this time: That for some of the places mentioned, where he should be about the Conspiracy, he had not been there a year before, he was certain of it. For the number of Protestants that were mentioned to be slain, he said he did not think there were so many Protestants in the whole kingdom. That he was continually either at his own House, or at Dublin, and knew nothing of the Plot but by hearsay.  Iudg. 
You confess in your Examination, when the day was for th●… rising, that you were in the conspiracy, and appointed for the taking of Dublin Castle; and that you were taken when you came about it. Also you rode about it, and provided arms.  Macg. 
I was in the house in the Cock-loft where I was taken, I did not know where any Army was!  〈◊〉. W. 
My Lord Macguire does forget himself what he acknowledges under his own hand.  
Then the Examination being showed him he said; There's my n●…me but not my hand.  Iudg. 
I am sorry to hear it, I did rather expect, that you should have acknowledged it; Here are two able witnesses that can testify it against you, your denying your own hand, which is so manifestly proved, will be a great discredit to what you say; you acknowledged it at two several times.  Macg. 
What did I acknowledge?  Iudg. 
You say that you came to Dublin to settle your estate: By your own Examination you acknowledge, That the Castle of Dublin was to be surprised by yourself.  Jud. 
It is now time we should draw to the Jury: You hear my Lord Bramston and my Brother Finc●… here justify it to you.  
Then the L. Macguires Examination was showed to my L. Bla●…, b●…g present in Court, demanding whether he thought it to be Macguires hand or no?  L. Blaney. 
It is my Lord's own hand, he hath written to me many Letters.  Macg. 
I don't think I have written many Letters to your Lordship.  Judg. 
Gentlemen of the Jury you may go to the business; If there were nothing but that you see in this case but what is in the examination if you do believe to be his: His confession does acknowledge it: you hear this by the testimony of my Lord Bramston, and my brother 〈◊〉, expressly that were present when he did acknowledge it and set his hand to it, and yet you see though it is here proved by my Lord 〈◊〉 he denies it, If you find this to be true here is treason enough, and too much too. for he does here confess; That Roger Moor did acquaint him; That if the Irish did rise, they might make their own conditions for regaining their lands; and he acquainted him, That he had spoken with sundry in Leinster, that would be ready for that purpose and that a great part of Conaught would do the like; and then moved hi●… (his Lord) the prisoner at the bar, to join likewise with him, which he did, so than was the plot. The next day they met, he 〈◊〉 to 〈◊〉 Chamber again, where Col. Mac Brian, 〈◊〉, and others, h●…d discourse again about it, than he says; That they did s●…nd over ●…o Owe●… O Nea●…, to acquaint him concerning the general Rebellion in Ireland, then in preparation. He confeffes expressly; That being demanded why the said Owen should bring over arms, seeing the Castle of Dublin was to be surprised, answered; That they so provided arms, that they might not want any thing, if they should not take it, whereof they doubted. And then you have him acknowledging, that the Castle of Dublin was to be surprised by himself, and Captain Brian O Neal, and others; These words show here expressly, That the day whereon the execution was appointed, by the Lord Maguire own confession, he was come to Dublin for the surprise of the Castle. So that it is apparent, that he was about this plot expressly. If this be true; That you did conspire to make war or Rebellion within that kingdom, though you were taken yourself before it was executed, yet it was your own conspiracy: And besides, endeavouring after 〈◊〉 to bring it to perfection, by ●…ending over for arms. All these does discover your own intention to execute it.  Macg. 
I confess it not, I refer myself to the Jury.  Iudg. 
Gentlemen you are to know, that to conspire to raise a war, if any of that Conspiracy do Act it, as you see here Sir Philome O N●…le did, if you observe the testimony of my La. C●…field, he came and surprised the Castle of Charlemont, and then it was given out, that my Lord Maguire had taken Dublin, so that though it did not take effect, That which is done by any is testimony enough.  
Go together and consider of it.  
Upon this the Jury went together, and staying a short space, returnea their verdict, which was; That they found him guilty of all the Treas●…ns according to the Indictment.  
C. Conner Maguire, alias Cornelius Maguire; Thou hast been indicted of several high Treasons, and thou Hast been Arraigned; Upon the Arraignment, Thou hast pleaded not guilty, and for thy trail hast put thyself upon thy country, which country have found thee guilty, according to the Indictment, Therefore prepare thy sel●… to receive the sentence.  Magu. 
I desire to know by what Law?  Judge. 
The Law is well enough known; That is, a Treason is within the statute without doubt.  Magu. 
I was not tried by my peers.  Judge. 
This is a general Exception, formerly annexed in your plea, If you can show some particular cause also, you shall be heard.  Magu. 
I desire counsel to advise me.  Judge. 
When you did put in a plea therein, you had council to advise you in your plea and to argue it; Now your time is past for counsel, you must have none assigned to pick holes in the indictment.  Magu. 
I desire the Court would consider of it before they proceed to sentence.  Judge. 
You offer nothing to the Court that is of any difficulty, you had counsel whether you should be tried by your Peers or the Jury here, which jury are to try any man under a Nobleman in this kingdom.  Magu. 
I desire to know under what seal you thus proceed against me, for I think you sit here by the new seal.  Judge. 
What seal do you mean, I sit here by virtue of the old by Order of Parliament.  Mag. 
Under favour I conceive, that the Ordinance of Parliament for the New seal, makes all done by the old seal to be void.  Judge. 
Here is nothing done but by good authority, and the Parliaments approbation.  Mag. 
I conceive the Ordinance for the New seal cuts off all proceedings of the old.  Judge. 
My authority is not cut off, I was made by the old seal before there was any New seal, and so I am continued by the Parliament, and the Parliament did take notice that I have been allowed to sit. Besides this, there is nothing done in this Court by the New seal, the Sheriffs are here by a Charter, and that comes in from year to year and there is no seal in order of execution.  Judge. 
Well if you have nothing to say for yourself, I am to pronounce sentence as I am a Minister of justice: you have been indicted here for several Treasons contained in your indictment as was here of late read unto you, and you have had a fair proceeding & very deliberately: for your indictment came in about Alhallowmas last, three weeks or a month before the end of the last term, three weeks at least; you then made a 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 counsel to plead with the best advantage you could. And afterwards this term, there hath been two arguments at the bar on each side, where hath been said as much for you as can be. The Court over 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. Truly 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 withal 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 kingdom, most horrid to speak or rehearse: It is sitter for you now to be think yourself, what your offences are, and prepare yourself for death rather than 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 be carried from hence to the place from whence you came, that is the Tower, and from thence to Tyburn the place of execution, and there you shall be hanged by the neck, and cut down 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 shall appoint. And the Lord have mercy upon your soul.  
After judgement pronounced, the King's council 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 access to me to confer with me, and some who are my fellow Prisoners in the Tower, to speak with me in my keeper's presence.  Iudg. 
You must name some body in particular.  Macg. 
I desire to confer with Mr. Walter Montague: (Belike he knew him to be a Popish Priest or Jesuit.)  Iudg. 
You must prepare yourself to die against Saturday next.  Macg. 
I desire a fortnight's time to prepare myself.  J●…g. 
That 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉  Macg. 
I desire you, tha●… I may h●… three days' notice at least, to prepar●… myself.  Judg. 
You shall have three days' 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 address yourself 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 myself, and that the manner of my execution ●…y be changed.  
S●…r 〈◊〉 Clot●…. My Lord, I have been your schoolfellow 〈◊〉, and have sound some ingenuity in you, and I have se●…n some letters 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 bar, Mr. Prynne advising him to confer with some godly Ministers, for the good and comfort of his soul; He answered, That he would have none at all, unless 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 shameful judgement of a Traitor; the execution whereof you even now so earnestly deprecat●…d. Since than they have proved such evil 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 blood of those many thousand ●…nnocents which have been shed by your means. To which he pausing 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 settled 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 showeth;  
THat your Petitioner stands cond●…d 〈◊〉 〈◊〉 life, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 drawn, hanged, and quartere●…: the performa●…ce 〈◊〉 (he 〈◊〉 conceives, in some 〈◊〉 favourable 〈◊〉) will be 〈◊〉 to justice. 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 turn 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 patent to Bryan Maguire Es: to b●… governor 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 trusty and well-beloved friend and cousin 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 patents do constitute, nominate, ordain, and appoint him the said Bryan, Mac Cochonagh Maguyre, to be our governor, in and throughout the whole County of Fermannagh aforesaid, hereby granting and giving him full power and authority to execute fulfil perform and do, all such Act and Acts, thing and things whatsoever to the place, and office of governor any ways appertaining, as well for the common good, as for the upholding and maintaining of his Majesties●… rerogative, his Crown and dignity, And the upholding and maintaining of the ancient holy Catholic Roman Religion, hereby also ratifying, allowing and confirming all such Act, and Acts, thing, and things, whatsoever by our said governor done and performed, according to the true purport meaning and intent of these our Letters patents during our pleasure, in as ample and large manner as if we had do 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, governor of Fermannagh these. Phe. O neil. Cop: vera. William Cole.  
FINIS.