OF ENGLAND.

21

great force and elegance by Mr. Addifon, in his Free Geo. I.

holder.

little better than living in a continual state of warfare. This is a no less fatal, than undeniable confequence of this bill, which was calculated for the ease of the fubject.

It is faid, the reafon of this expedient, as it is called, is, because the majority of this parliament are Whigs: And, tho' it is allowed, that this parliament has acted for the fervice of his majesty and the nation, the proceedings of the laft parliament are faid to be as meritorious of the king's good opinion and the nation's, as what this parliament has done.

It is much infifted on, That the Tories gave the civil lift: That is true; but, had they not given it, I believe, the king would not long have been deprived of it. It is faid, that the king was received here with the univerfal joy of his people: Why did that fatisfaction ceafe fo foon? Has the king done any thing to lose the affection of fo many of his people? or have his minifters? If his minifters, Why has the spirit of patriotifm been fo much wanting in gentlemen, as not to reprefent to the king, or in this houfe, the crimes of thofe he employs in his fervice? But, if no real handle for these discontents has been given, by king or mini. fters, then, thofe who pretended fuch a zeal for the king and his fervice, at his arrival here, acted a hypocritical part, and meant nothing lefs than what they now make profeffions of.

Let us

The

confider the prefent fituation of
the minds of the people, how
exafperated one set of them are
at the neceffary profecutions of
thofe, who fo fatally concerted
the ruin of their country; and
to what degree that reflefs fpi-
rit influenced the people, in the
late rebellion; and how indu-
ftrioufly a falfe and mistaken
caufe of the Church has been of
late propagated in this nation.

From thefe, and many other
circumftances of affairs, and
fymptoms of the ill temper of
the nation, I think the difpof
tion of the people's minds far
from being fuitable to the bufi-
nefs of an election, but rather
for a restoration of that person,
who, the deluded people have
been taught, has alone a right
to the crown, and came to free
you from the oppreflions you
now lie under.

He concludes with faying, The reasons why I am now for the bill are, To difpofe the people to follow their callings, and to be induftrious, by taking from them, for a time, the op portunity of distracting one another by elections. To prevent fuch who have the will, from the power of giving any new difturbance to the government. To prevent another rebellion; there being just as much reafon to expect one this year, as there was the laft. To check that evil fpirit in those who have fworn to the king, and rose in arms against him, or abetted fuch who have. To difcountenance that fpirit, which lately

B3

did

1716.

efcape out of

Newgate,
May 4.

Geo. b. The efcape of the earl of Nithifdale, and of Mr. Forfter, 1716. had given fufficient warning to the government, and ought to have doubled the vigilance of the jaylors; yet brigadier Mackintosh Mackintosh, John Mackintosh his fon, Charles Wogan, and others James Talbot, Robert Hepburne, William Dalmahoy, Alexander Dalmahoy, and John Tafker, fervant to Mr. Butler, having knocked down the keeper and turnkey, and difarmed the centinel, broke out of Newgate between eleven and twelve at night. Six more of the rebels went out of the prison with them; but being unacquainted with the streets, and turning into Warwick-Court, where they found no paffage, they were forced to return into Warwick-Lane, and fo fell into the hands of their purfuers. Mackintosh and fome others were to have been tried the day after. The judges met in Westminster-Hall for that purpose, but, receiving a meffage, that the keepers of Newgate were employed in fearching after the rebels, who had made their efcapes, the court and juries adjourned. James Talbot, one of the fugitives, was retaken at an house in Windmill-Street, in Piccadilly, and fent back to Newgate.

When the court fat the next time, thirteen of the rebels (b) were arraigned, and pleaded not guilty; but upon application for time, fome of them fetting forth that they had evidence upon the road, they had three weeks allowed to prepare for their trial,

Rebelstried. Mr. Richard Gafcoigne was fet to the bar, but by the indulgence of the court, had ten days allowed him for bringing witness to town. His trial came on the 17th of May; and befides the evidence of Mr. Patten, Mr.

did fo far prevail in this nation,
as to approve of a most igno-
minious conclufion of a fuccefs-
ful war, by a ruinous peace. To
render fruitless any concerted
project of the regent, or any
other foreign princes, to disturb
this nation, at a time when
elections, or the approach of
them, have raifed a ferment in
the minds of the people: and
to procure to the clergy an in-
terval from being politicians,
that they may be the better able
to take care of their flocks, in
the manner the fcripture has
prefcribed.

(b) Charles Radcliffe,
Charles Widdrington,
Peregrine Widdrington,
Efquires ;

John Thornton,
Robert Shaw,
Thomas Errington,
Philip Hodgefon,
Donald Robertfon,
James Swinburne,
William Mackintosh,
Angus Mackintosh,
James Mackintosh,
Alexander Macrudder.

Forster's

Foftor's chaplain, who depofed, that he faw Mr. Gaf- Geo. I. coigne in Mr. Forfter's company at Prefton, Mr. Wye 1716. made oath, That, coming once to the duchefs of Ormond's, he faw the prifoner, Gafcoigne, in her grace's clofet. That, being introduced, he told her grace, he was just come from France, and had feen the duke but fix days before, who was well, and would be here quickly from Bayonne, and the pretender from fome other place. Upon which her grace called for a map, to find whereabouts St. Sebaftian lay. That he was afked by her grace, what people faid at Paris, especially in relation to Sir William Wyndham; and asked Mr. Gascoigne, whether it was true which was faid in the public news, that he had letters found in his pocket of dangerous confequence? Mr. Gascoigne faid, He could not tell; but, if it were fo, a school-boy < would deserve to be whipped for carrying fuch papers in his pocket.' It being at that time generally difcourfed about town, that Sir William Wyndham had surrendered himself, Mr. Gafcoigne faid, He had fent or carried him one of the proclamations (but the evidence could not be pofitive which) and added, if he was taken, their defign was ruined, for there were an hundred gentlemen, who waited only for a fignal, and Sir William would be at the head of eight or nine thousand men.' That the lady Rochester having asked him (Mr. Gafcoigne) where Sir William was? The prisoner replied, Whether, if he fhould tell her ladyfhip, fhe would not make ufe of it to perfuade him to furrender? But, if it were only to give Sir William notice of the proclamation, he told her, that he had already sent him one.' Mr. Wye further declared, That, when he was in the duchess's clofet, he saw a gentleman dreffed in laced fcarlet clothes, whom he understood to be one of the Cotton's; and, having fince feen mr. Cotton, knew it to be the fame perfon.' There were fome other circumstances, which Mr. Wye faid Mr. Gascoigne told him, particularly, that the prifoner faid, He came to London to learn whether Sir William Wyndham made any difcovery.' The jury, after a confiderable ftay, brought in Mr. Gascoigne guilty of - high-treafon.

Henry Oxburgh was tried May the 7th, and made a very weak defence. His council, ferjeant Darnel and Mr. Kettleby, endeavoured to ferve him by insisting on a misnomer in the indictment, wherein he was called Oxborough, whereas his true name was Oxburgh: But, that being overruled, the jury brought him in guilty of high-treason.

B 4

On the 26th of May, Mr. John Hall, of Otterburne in Northumberland, was brought to the bar. This gentleman had been a juftice of the peace in his country, and had taken the oaths of allegiance and abjuration. He was found guilty by the jury, and gloried in his guilt at his execution. Oxburgh was the first of those who fuffered at Tyburn. Gascoigne had been a common sharper, and, having been bubbled by gamefters out of the money he had raised by the fale of a small eftate in Ireland, fupported himself afterwards by defrauding others. He was hanged, drawn, and quartered at Tyburn on the 25th of May, and died a Papift.

John Hume, brother of the earl of Hume, was tried and found guilty May the 8th; John Farquharfon not guilty ; and Alexander Menzies guilty. On the 12th, Thomas Farquharfon and John Ennis was brought to their trials. There was a great uproar in the court upon the jury's bringing in Farquharfon not guilty, though the evidence was pofitive, That he was in arms with the rebels at Kelfe, and at Lancaster where the pretender was proclaimed, and also at Preston.' Two perfons, who clapped and shouted, were apprehended; one of them, who was fummoned as a juryman, was fined 100l. the other 501. and a year's imprifonment. The fame jury, contrary to as full evidence as that against Farquharfon, acquitted Ennis likewise. The fame day five rebel prifoners pleaded guilty; the two Mr. Douglas's, captain Macquean, Mr. Scrimshaw, and Mr. Skean, who received fentence of death. Three days after came on the trials of Richard Townley and Edward Tildefley. It was fworn against Mr. Townley, that he was not only among the rebels at Prefton, but that there was a troop, called Mr. Townley's troop, in which rode his coachman, his butler, and postilion.' It was fwore against Mr. Tildefley, That a troop of the rebels went by his name alfo; and that he rode at the head of them with his fword drawn.' Thefe two gentlemen had nothing to say for themselves, but that they were forced to do what they did; and, upon this flight defence, the jury acquitted them

both.

Two days after, Mr. baron Montague came to the Marfhalfea-court, and difcharged the Surrey jury, after having reprimanded them for their behaviour in the late trials, especially in the cafe of Mr. Townley and Mr. Tildefley. The fame day Mr. Wogan was tried, and found guilty; and ma-jor Blair, retracting his former plea, pleaded guilty. CapBain Lancelot Mackintosh and Charles Ratcliffe, brother to

the

the late earl of Derwentwater, were likewife found guilty, Geo. I. and received fentence of death. 1716.

Alexander Menzies petitioned the king for mercy, and was reprieved, as were the reft of the perfons hitherto condemned on the like fubmiffion, or the interceffion of their friends, exceptig thofe who are already mentioned to have been executed.

On the 30th of May came on the trial of Mr. John Dalton. The evidence against him being pofitive, the jury found him guilty; upon which he desired the court to intercede with the king for mercy.

Mr. William Tunftal pleaded guilty as to the being taken in arms, but not, as in the indictment, of any defign of murdering the king, which (he faid) never entered into his heart, But the court told him, That he, being a man of fense, could not but know, had the rebellion fucceeded, it could not have ended otherwife, fince it was certain, that his majefty would not have run away, as the mafter they had declared for had already done.' The lord chief juftice Parker advised him to draw up the state of what he had to fay in a petition, and he would recommend it to the king.

The next day Philip Hodgefon, uncle to the lord Widdrington, Charles Widdrington, Peregrine Widdrington, Donald Robertfon, Alexander Macrudder, Thomas Errington, John Nairne, fon to the lord Nairne; George Seaton, who, before the battle of Dumblain, went by the name of the earl of Dumferling; John Steward, Dr. Patrick Blair, James Robertion, William Grierfon, fon of Sir Robert Grierfon, of Lagg; and John Carnegy, pleaded guilty to their indictments. But Francis Anderton, Bafil Hamilton, Archibald Rutter, William Shaftoe, and William Paul, clerk, pleaded not guilty; which plea fome of them afterwards retracted, and pleaded guilty, while others were tried and found guilty, The condemned rebels were reprieved from time to time; but, on the 13th of July, John Hall, and William Paul, the clergyman, were executed at Tyburn...

Hall, in his dying fpeech, declared, that he died a true and fincere member of the Church of England, but not of the revolution fchifmatical church, whofe bishops had fo rebelliously abandoned the king, and fo fhamefully given up the rights of the Church, by fubmitting to the unlawful, invalid lay-deprivations of the prince of Orange, but of the true catholic nonjuring Church of England. Mr. Paul likewife profeffed himself a fon of the Church of England, but

not