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A40578 A full and true account of the tryal, conviction, & condemnatio[n] of the Scotch rebels officers in the L. Dunbarton's regiment; at Bury St. Edmunds in Suffolk, (on Wednesday, July 31st, 1689.) For high-treason. Licens'd, according to order, 1689. 1689 (1689) Wing F2311BD; ESTC R219845 1,684 4

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A Full and True ACCOUNT OF THE Tryal Conviction Condemnation OF THE SCOTCH REBELS OFFICERS in the L. Dunbarton's Regiment At Bury St. Edmunds in SVFFOLK On Wednesday July 31st 1689. For High-Treason Licens'd according to Order 1689. THERE having been in March last a Notorious Defection amongst the Scotch Regiment commanded by the Lord Dumbarton at Ipswich in the County of Suffolk whence in a Hostile and Rebellious Manner they marched from place to place until at Spalding in Lincolnshire his Majesty's Forces encompassing them they threw down their Arms and submitted to Mercy were made Prisoners of War and afterwards brought up to London where about Forty of the most notorious Criminals were committed to Newgate and the Gatehouse For Tryal of whom the Judges at their last Assizes at Bury St. Edmonds in Suffolk made an Ajournment since which Orders being given for Tryal of Eight of them at Bury the Thirtieth of July Viz. Captain Sutherland Cp. John Auchmonty Cp. Wiliiam Deanes Cp. John Levingston Alexander Gawne Adj. Patrick Cunningham James Inuas and Robert Johnson But it being prov'd that Captain Sutherland was so indisposed as that he could not be remov'd without Hazard of his Life the other Seven only were sent down under a Guard and secured in Bury Goal And Indicted before Sr. William Dolbin an● Mr. Baron Turton For High Treason in Rebelling and Levying War against their Majesties their Crow and Dignity c. Which being found by the Grand Jury against all of them they were Arraigned the first Four in one Indictment and the Three latter in another to which they severall● pleaded not Guilty and pray'd a Copy o 〈…〉 the Jury return'd and Council as to matter of Law both which was granted Next Day viz. July the Thirty first the Court being sate and a mighty Confluence● People from all parts of the Country came 〈…〉 to hear the Tryal the Jury were called ove● being 168 Persons of divers Ranks and Qualities but not one who had less than For 〈…〉 Pounds a Year in Land. The King's Sollicitor excepted against To 〈…〉 and no more but the Prisoners against m●ny ●n fine the Jury being agreed on and 〈…〉 orn the Tryal was adjourn'd to the next day August 1 st And then Capt. John Auchmonty was brought ●on his Tryal The King's Witnesses were 〈…〉 Rob●●t Irvin Agent to the said Regiment Lieutenant Patric Br●kley and Lieutenant Ro 〈…〉 t Bruce and Sixteen of the Countrey 〈…〉 m Ipswich from Stow-Market Turnham 〈…〉 ilden-Hall c. Who gave a mighty full 〈…〉 idence against the Three first as to the Rebellion and Levying of War at Ipswitch and proceedings to Spalding which the Country also proved from place to place and their Carriage and Actions their Pressing their Men Horses Carts c. The Captain alledged the Souldiers mutinied and made him and other Officers Prisoners and what he did was a force upon 〈…〉 m and many other Insignificant Excuses that their Majesties were not Crowned to which it was Answered they were King and 〈…〉 een by Act of Parliament and that Levying War against them was Rebellion High-Treason c. The Concerting the Rebellion and the continued and repeated Acts of Rebellion and 〈…〉 ving War being fully proved the Jury found him Guilty of High-Treason Upon which the other Three viz. Captain Deanes Captain Levingston and Adju 〈…〉 Gawne Petitioned the Court That they might be permitted to with-draw their Plea they would plead Guilty and throw themselves at their Majesties Mercy which the Court Granted Which also did Cunningham Inuas and Johnson who were in the other Indictment and the Court also Granted it Then being Called to know what they had to say Why Judgment of Death should not pass upon them to Die according to the Law said They all threw themselves at their Majesties Royal Feet for Mercy and humbly besought the Judges to Intercede with their Majesties for them and that they would spend the Remainder of their Lives in his Majesties faithful Service wherever he should please to Command them That it was great Mortification to them to be so unfortunate as to fall under these Crimes and the disfavour of the King whom some of them had long served in Holland c. Mr. Gawne being a Romanist said He would serve his Majesty wherever he should Command him and as far in any thing as he was Capable and wherein he could not do as others to assure his Fidelity would give Security They indeed did all of them behave themselves with great Modesty and Prudence as Gentlemen and Souldiers and seemed really inclined to give all Demonstrations that Men could of their future Intentions of Loyalty c. In Conclusion Sentence of Death was passed on them all as in Cases of High-Treason LONDON Printed for J. Pardo in St. James ' s-street 1689.