Examination of Luke Toole

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The Examinacion of Luke Toole of Castlekevin in the <A> Countye of wickloe Esquire taken the vijth day of September 1652 before vs Sir Gerrard Lowther knight Sir Edward Bolton knight & Thomas Dongan Esquire Commissioners for Administracion of Justice Oyer and Terminer Gaole delivery and william Basill Esquire Attorney Generall for the Comon wealth one of the Justices of peace within the Province of Leinster as followeth
Whoe beinge examined saith that he did give noe directions for the apprehendinge or bringinge of Cahell Cullen before him but saith that the saide Cahell was brought vnto him by som men whoe were a partie of his the said Luke Tooles owne Regiment whome they brought vnto him at his howse at Castlekevin aforesaid And saith that the said Cahell had formerly beene an Enemy to him Spye against this Examinant and had beene a meanes to cause severall prayes and goods of his this Examnats to be taken from him by the English forces in the tymes of Colonell Crawford, Colonell Monke & Colonell Longs beinge in comand in this kingdome and saith that at the said tyme of Cahell Cullens beinge brought vnto him as aforesaide there was a generall meetinge of the Contry and many of <B> the officers and others of the Irish Army at Glandelagh in the County of wickloe and that this Examinant caused the saide Cahell Cullen to be brought before a Marshalls Court for the severall prayes and goods taken from the said Examinant by the said Cahels meanes as aforesaid, And saith that he this Examinant Called a Marshalls Court at Glandelagh aforesaide and desire d Hugh mc Phelim beinge Li v e tenant Generall of the Irish e forces there and others then present to sit at the saide Court which Marshalls Court did consist of the persons following that is to saye Hugh mc Phelim the said Li v e tenant Generall, Maior Christopher <C> Toole Livetenant Colonell Donogh Toole being two of this Examinants sonns, Maior Barnard T albot Thomas Birn of the Dromyn in the Co of wickloe Captain Robert Birn the same Captain Bran mc Garrald and severall others of Ballynecor Captain Pattrick Birne of Ballynecargyg and severall others whose names this Examinate doth not now remember, bu

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And saith he this Examinant did not sit at the said Marshalls <D> Court to give any vote against the said Cahell Cullen, because he this Examinant was the accuser and prosecutor against the saide Cahell and stood by to give informacion and evidence against him to the saide Court, And saith that Edmond Rely Called the viccar Generall was present at the meeting of the Contry at Glandelagh aforesaide, and that the said Edmond Realy was walkinge in the Church yeard of Glandelagh one the one syde when the Court Marshall sate on the other syde, And further this Examinant saith that at his prosecution, the saide Cahell Cullen was by <E> the saide Marshalls Court Condemned for a Spye and for beinge a meanes of Robbinge of the Contry and of this Examinant in particuler And further saith that he this Examinant called the saide Marshalls Court by vertue of the Comission now <F> by him the said Examinant produced before vs, which Comission followes in theis words followinge that is to saye
C (seale) To Colonell Luke alias Pheagh O Tohill greetinge in our lord God everlastinge Sir the pressing Calamities of this kingdome (wherewith the holy Catholique Apostolique, and Roman Religion, his sacred Maiesties Right and

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And the iust liberties of vs his Loyall subiects are like to be trode vnderfoote by a Company of prophane and <G> Mechanicall Rebells, made instruments of gods wrath to punish our sinnes) togeather with the Confidence wee have in your zeale worth and wisdome to rescue those soe deare pleadges, invites vs to call to your assistance giveinge yow heareby full power and authoritie, to leavy leade, and comaund, a Regiment of foote and a troope of horse prayeineg yow to conteine the saide Regiment and troope as much as maie be from incurring Gods Anger, especially from oppressinge the poore sweareinge, and stealeinge, giveinge yow to vnderstand <H> wee are hearevnto authorised by his Excellency the Lord Livetenant Marquis of Ormond as appeareth by his his letter dated at Loughriagh the first of last Aprill wee alsoe praye yow with the Consent of the Gentry there to Choose amonge your selves in that partes, a Comaunder in Cheefe, And that each Colonell maye Choose his owne officers. wee will not cease to praye his divine Maiestie to incoradge you to fight in his quarrell & blesse your designes. ffarewell. Given at Cavan the second of Maye 1650, signed H Ardmach Eug: Kilmoren <I> Fr Thomas Dublin Fr Edwardus Laghlinensis Episcopus Walter B Clanfert Fr Antonius Clunmacnosensis Episcopus James Dempsie vic appo of Kildare.
And the saide Luke Toole the Examinant saith he had noe other athority or Comission for callinge for callinge of the saide Marshalls Court other then the Comission aforesaide

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And further saith that the same night the saide Cahell Cullen was Condemned by the Marshalls Court, he was <K> carryed vnto this Examinants howse of Castlekevyn by his this Examinants directions, whither this Examinant followed him the same night, And saith that the next daye, he this Examinant proffered to save the saide Cahells life if he would take his oath to be true vnto this Examinante and not to be any longer a spye against him, and that the said Cahell refuseinge to take his oath to be true vnto him, he this Examinante caused the saide Cahell to be hanged and executed accordinge to the saide sentence of the saide Marshalls Court, and that the saide Cahell was thervpon hanged vpon a bushe in the high waye neare vnto the Lands of James Walsh of Shanganagh in the County of wickloe, And further saith that the saide Cahell Cullen was hanged in this Examinants sight within a muskett shott from him And further saith not
Luc: Toolle
Gerrard: Lowther
Edw: Bolton
Tho: Dongan
William Basil

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6
The Examinacion of Luke
Toole touchinge the death
of Cahell Cullen