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A38849 An exact account of the daily proceedings of the commissioner of oyer and terminer at York against the late horrid and bloody conspirators. With the particulars of what hath lately occur'd in England. York Jan. 8. 1663 (1663) Wing E3566; ESTC R218231 5,050 8

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arraigned and tryed Serjeant Wild laid home and open first the wickedness of the design to pull down Magistrates and Ministers to subvert all Order under the specious pretence of setting up a Gospel-magistracy and ministry taking off the Hearth-money c. Secondly he said the plot was first hatched in the Bishoprick from thence came into this County was here nourished and then travailed into Nottingham-shire Lanca-shire London and other parts Nottingham should have been Garrison'd York surprised and Boston secured Thirdly He undertook to bring the guilt of this plot home to the prisoners at the bar and so Errington Walters and Greathead were called to prove the nature and Generality of the désign Errington spake to the first contrivance in Durham and to several meetings he had with several persons for the contriving and carrying it on Walters to several discourses he had with Dr. Richardson about it and the Declaration of the cause of their rising and correspondencies elsewhere Greathead and one more to several meetings at Leeds the Spawe and other places with Richardson Captain Atkinson and other Agents from London and other parts Three or four witnesses were then sworn to charge the prisoners at the bar with their Actual meeting in Arms for the Executing of this Plot and two Witnesses at least proved every one of the prisoners except the two who were acquitted to have been at Farnley-Wood in Arms between one and two in the morning the 12. of October last which was the day agreed upon for the rising Captain Oates excepted against the witnesses as Participes criminis but that was over-ruled York January 9. Since his late Majesty of Blessed Memory was here there has not been seen such an Appearance of Persons of Quality in this Town as now upon this occasion Nor had ever any People fairer Play for their lives than these Conspirators There were Yesterday brought to the Bar these Prisoners following Thomas Oates a Captain Samuel Ellis his Trumpetter John Ellis John Nettleton Senior John Nettleton Junior Robert Scott William Tolson John Fossard Robert Oldroyd Josuah Askwith aliàs Sporling Peregrine Corney William Towers John Redshaw John Sowden John Smith William Ash John Errington and Charles Carre Two Juries for Life and Death being empannel'd and Persons of eminent quality the Prisoners excepted onely against One and put themselves upon their Tryal Whereupon the Evidence being open'd and the Court enform'd Major Walters of Cundell was call'd to the Bar who made an ingenuous Discourse of the whole Progress of the Design reporting how it had for two years been carried on by a Private Committee that sate at London that he had the first knowledg of it from Doctor Richardson of Rippon that in July last they had 12000 Horse in readiness in England that they had design'd a Declaration to unite all the Sectaries and that they had proposed Lambert or Ludlow for their Head and that the Rising was to begin in Ireland to follow in England and then in Scotland Walters declar'd likewise who were to command in the West Riding who in the East Riding and who in the North Riding of this County who in Nottinghamshire Lancashire and Bishoprick and what Numbers who were their Agents where their Meetings and what Places and Passes they were to Surprize After which relation the first Ten were set to the Bar and there by Three Witnesses Josuah Crowder Timothy Crowder and Young Oates they were proved to have been all actually in Arms on the Twelfth of October last in Farnley Wood upon which the Jury went out and presently returned them Guilty Then were the Other Eight set to the Bar Five of which were cast Against Carre there was no Evidence given Towers and Redshaw were acquitted upon the Point of single Witnesses York Jan. 11th Upon Saturday last the Judges sate late the Prisoners being grown more troublesom in excepting to the Jurors especially Cotton and Denham Two of the Three that were that day cast the third was one Atkins It was observed that when any Gentlemen were call'd with their Additions as Knight Esquire c. they would commonly except till at last the Clerk was order'd to leave out the Titles and then they left challenging They behav'd themselves with a most notorious insolence Cotton protesting That he valued his Life no more than the Judg did his Handkerchief and Denham brake out also into Horrible Extravagancies It was particularly prov'd by Walters and others against Denham that he was engaged in an Agreement to seiz the Horses and Arms of the Lord Falconbridg and of the Lord Fairfax of Gilling and that they had designed to secure the Prisoners they took in Skipton-Castle York January 13. On Munday last was tried James Newton Mason Henry Watson and Richard Wilson the Two later found Guilty Tuesday Carr was call'd who confessed himself Guilty and was set by Ralph Rymer was then call'd and indicted singly he pleaded Not guilty and made a large and impertinent Defense excepted against Seven and thirty Jurors but was at length found Guilty and to conclude the work of this Gaol Delivery there was call'd to the Bar John Smurfet Ralph Wade and John Wade and indicted upon Misprision though the Evidence were sufficient to have made them Guilty of Treason yet they to mix Mercy with Justice as if by an united consent of Judges Council and Jury passed them by as Not Guilty gave them the Oaths of Allegiance and Supremacy ordered them to find Sureties and so be discharged There are yet a great many of the Rebels in the Gaol and the Judges are now at the Castle giving Judgment Persons Condemned Tho Oates Sam. Ellis John Nettleton sen John Nettleton jun. Rob. Sco● Will. Tolson John Foster Robert Oldroyd Josuah Askwith aliàs Sparling Peregrine Corney John S●wden John Smith Will. Ash John Errington Reb. Atkins Will. Cotton Geo. Denham Hen. Watson Richard Wilson Ralph Rymer Charles Karr repriev'd Persons Acquitted William Towers Robert Redshaw Rob. Cook James Newton Sam. Ward Will. Sparling Iohn Smurfit Ralph Wade Iohn Wade A True Copy of the Court-Roll London January 12. From Barbadees came lately an Express from the Lord Willoughby which gives an assurance of the Settlement of that Island at the most for their own advantage and His Majesties service Four compleat Regiments are now formed for its defense One of Horse and Three of Foot of which that which bears the colours and Name of His Majesty consists of 2400 effective besides which His Majesty is sending an addition of 12 Pieces of Ordinance to strengthen the place This being so well secured his Lordship is going to Santa Lucia to settle a Plantation there and from the●●● to render that place also serviceable to the Crown and Interest of England On. Jan. 15. Sir Richard Fanshaw takes leave at Court and next week goes away as Lord Ambassador for Spain Sir John Lawson convoys him and from thence goes out with the Ships which with those sent out lately under Cap. Smith make 11. Sail to Algiers to reduce those Pyrats to reason My former told you Colonel Muddiford was appointed Governor of Jamaica this that His Majesty for the better encouragement of all such as desire to go thither hath granted to all persons of what persuasion soever free Liberty of Conscience and as much Land gratis as they shall be able to stock Sir William Petties New invented Vessel is now at Portsmouth and hath by her enduring the Sea answered the grand Objection made against her That in rough weather there was no security in such a Bottom Jan. 4. as I am inform'd Mr. John Davys was taken from the Tower and carried aboard for Tangier The Dutchess of York has been sick and is perfectly recovered of the Meazels DUBLIN Printed for Sam. Dancer in Castle-street A. D. 1663.