Examination of Phelym mc Tirlagh Birne

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<A> The examinacion of Phelym mc Tirlagh Birne taken the fifteenth day of September 1652 before Sir Edward Bolton knight and Thomas Dongan Esquire Justices of the Peace in and throughout the Province of Leynster except the Counties of Kilkenny and Wexford
Whoe being duely examined sayth that at the howse of Thomas mc Tirlagh Birne in Boolenekilly in the Countie of Wicklow there hapned a difference betweene him and Dudley Birne wherevpon the sayd Dudley assaulted him with a sword which he by force tooke from one Didacus Birn a fryer whoe was then present And that He the sayd Phelym in his owne defence then stabbed the sayd Dudley Bir n with a skeane wherof he died; He further sayth that his brother Brian mc Tirlagh Birn Edmond Duff mc Donogh Birne of Killonghter and Walter boy o Birne were hostages at Killincarrig and that by commaund of Brian mc Phelym he with eleven more in his company fynding them without the works of the sayd Towne of Killincarrig he tooke them away But denyeth that he either heard or knewe of any prosecucion against them at Dublin for the murder committed at the black Castle of Wickloe or that they were there adiudged to die for the same, or that the sayd Brian mc Phelym sent him and the rest of his company to rescue them from Killincarrig for any such [ action ] cause He sayth alsoe that he was not at the Committing the murder at wickloe and being demaunded where he was at the tyme that the <B> sayd murder was committed, he sayth he doth not knowe nor remember where he then was, Neither did he knowe or heare of any confession they made of their guiltines for the sayd murder and that he did not give notice to Murrogh mc Donogh or any other that if they should continue in the English quarters they would be questioned for the sayd Murder and that he doth not knowe howe advised them to leave the English quarters he further sayth that he had noe share of the plunder of the black Castle of Wickloe nor any part of the powder and ammonicion which was taken thence And that he was not promised by Morogh mc Donogh his brother in lawe any part therof neither was he consined by the said Murrogh of any

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any part the of the sayd powder or ammonicion, He sayth further that the skeane wherewith he stabbed the sayd Dudly Birn was not hidd in his sleeve but tied in his girdle which he then had girt about him in manner as all others have their skeanes tyed And being the next day after further examined sayth that after his comming out of the sayd howse of Thomas mc Tirlagh Birne <C> the sayd Dudley Birne gave him evill speeches and threatned to kill him and struck at him with a great staff and broke a Carbyne which this examinant then held in both his handes for his owne defence wherevpon as aforesayd he stabbed him with a skeane And sayth that he did not know of any that were at the murder or the black Castle of wickloe save only Edmond Duff & Murogh mc Donogh as he heard say And further he sayth not
Phelym mc [mark] Turlagh Birne his marke
Gerrard Lowther
Edw: Bolton
Tho: Dongan

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The examinacion of Phelim
mc Tirlagh Birn concerning
the murder of Dudly Birn
committed by the sayd Phelim
whoe is in prison with
Marshall Peake