taken him up. This Anfwer produc'd the following Obfervation from the King's Counsel; That it appear'd that the Prifoner feem'd afraid of the King's Forces, and of the Militia, who would have done him no manner of Harm, but rather have been a Protection to him; at the fame Time, that he had fent his Servants away with his Horses to the Rebels, left they fhould fall into the King's Hands, or be of any Ufe in his Service, It was likewife obferv'd, That from the Time he came to Mrs. Ramsden's Houfe, to the Time he arriv'd at Prefton, there was no Account were he was, or had been. To this he faid, He could have given an Account very clearly; but that the Servant who then attended him, was a Prifoner at Chester, and he could not procure him, tho' he apply'd feveral Times to have him up, but understood it could not be granted: That from Rochdale he fet out with the faid Servant, defigning to go to Kirkham, on the Western Side of Lancashire, as thinking that Part most safe, having fent Home to know if he might with Safety return, and found he could ot; but by the Way was furrounded by Party of Highlanders, and carry'd Prifoner to Prefton where, as he alledg`d, he remain❜d under Constraint all that Time, his Horfes being fecur'd, and himself fo watch'd, that he could not efcape from thence as he intended. As for his Servants who were among the Rebels, he pretended they had been fent away with his best Horfes, that they might not be feiz'd by the Militia, and that he did not direct them to go to the Rebels, nor knew how they came to do fo. Hereupon the King's Counfel obferv'd, That it was very extraordinary that the Prifoner fhould fly from the Militia, and go for Safety to the Rebels; or fear going towards Yorkshire, becaufe the King's Forces were there; who, if they had feiz'd him, would have done him do manner of Wrong, but rather have been a Protection to him: That as to his being taken by the Rebels, and carry'd violently to Prefton, there was no Proef of it, and every one might alledge the fame : That as to his being brought Prisoner to the Guard, it was ufual in all Garrifous, when any Strangers enter the Town, to carry them to the Guard to be examin'd; but it appear'd, that as foon as he had difcover'd who he was, being Brother-in-Law to the Lord Widdrington, he had been fet at Liberty, and went where he wou'd, and might easily have made his Escape; it appearing by the King's Evidence, that he walk'd where he wou'd; and tho' feveral People went in and out du

ring

ring the Time he was there, yet he remain'd in the Town to the laft: That it seem'd strange likewife, that he should fend his Servants with his Horfes to the Rebels, who were actually in their Service, under Pretence of fe curing them; or that they should come there without his Order.

Mr. Townley himself faid, That what was alledg'd by the King's Counfel, of his flying from the Militia, or fearing to fall into the Hands of the King's Forces, who wou'd have done him no Wrong, might be true to others; but in the Cafe of Roman Catholicks, on fuch Occafions, they were usually taken up, their Horfes and Arms feiz'd, and themfelves confin'd; fo that at beft it was very chargeable and troublesome to them: To avoid which, they usually retir’d 'till the Noife was over, and then return'd with Safety to their own Houfes. He likewife call'd a Witnefs to prove, that he wou'd have hir'd a Horse to get away from Prefion; but whether this was before the King's Forces were upon them, or after, did not appear; nor that he feem'd diffatisfy'd with the Rebellion. Upon the whole Matter the Jury went out, and after half an Hour's Stay, brought him in not guilty.

AT

The Tryal of Edward Tildefley, Est

T the fame Time, and before the fame Judges, came on the Tryal of Edward Tildesley of the Lodge, in the County Palatine of Lancaster, Efq; against whom one of the Witneffes for the King depos'd, That being in Preston, and hearing a Shout, he ran to fee what was the Matter, and heard presently that Mr. Tildefley's Troop was come: That thereupon looking out, he faw him at the Head of about 20 Men, (fome of them arm'd) riding with his Sword drawn. There were other Evidences who depos'd, They faw him come into the Town with fuch a Number of Men, but none of them would fwear to the Par ticular of his Sword's being drawn, but that one; nor that he appear'd to head them any Time after, or was in any Action; but that they were always call'd Mr. Tildefley's Troop. It was prov'd, that he was feen with fome of the Rebels, and had din'd with them, his own Servants waiting on him. To all which, his Counsel anfwer'd in his Behalf, That as to the Troop's going by his Name, the Reafon had been accounted for before in the Tryal of Mr. Townley. It was true, one Evidence swore, That he saw him with his Sword drawn, but it was to be

obferv'd,

3

obferv'd, that he said it was about five or fix a-Clock, which at that Time of the Year was ufually dark; and the Evidence might not only be deceiv'd in the Circumftance of his Sword being drawn, but even in the Perfon himself; but for the later, it would be easily shewn how he came there; for which they call'd Witnesses, firft Anna-Maria Tildesley, who faid he was the Prifoner's Houfe-Keeper: That on the Friday Morning a great Number of arm'd Men came to the Houfe, and in a threatening Manner faid, they would have her Mafter along with them: That they ftaid fome Time, and took what the Houfe afforded during which they kept the Prifoner confin'd in a Room, and would not suffer this Deponent to go near him, fwearing the fhould not hinder him from going with them, and accordingly took him away with them. Next Mrs. Tildefley, the Prifoner's Mother, was call'd, and depos'd That he came to Prefton on the Friday Night above mention'd, and fhe having no Lodging, fent to an Inn to procure him one; and that he exprefs'd himfelf diffatisfy'd at his being brought thither. This was confirm'd by one Farkinfon, who kept the Inn; who faid farther, That the Prifoner and he talk'd of fome Law-Affairs, and not of any Thing relating to the Rebellion: But being afk'd where the Prifoner lay the next Night, he faid, he did not know. Anna-Maria Tildesley being afk'd by the Prifoner's Counsel, If fhe had not heard that he attempted to make his Efcape? fhe faid, Yes; and, among other Ways, it was once agreed that he Thould go away in Woman's Cleaths, and accordingly a Relation of theirs, who was a pretty bulky Woman, and of his Size, was actually undreffing; but this was unrefolv'd on again. He call'd another Witnefs, who fwore, That the Prifoner would have hir'd a Horse of him on Saturday Morning; and being afk'd, if the Prifoner told him where he was to go? he faid, He told him he was to go Home to his own Houfe, for his own Horfes were known, and that he exprefs'd himself to this Evidence very much concern'd at his being there: But it was ftrictly examin'd into, whether this was not after they heard the King's Forces were coming up? for no Doubt, as it was obferv'd, they would many, or all of them, have been glad of any Means of efcaping the Danger that threaten'd them, when they began to fee they had made a falfe Conjecture of the Strength of the Rebels, and of the Vigilance and Activity of the King's Troops. The Prifoner call'd Sir George Warburton, and

fome

fome other Gentlemen, to his Reputation, who faid, they never heard him fpeak with Difrefpect of the Govern ment; but faid, he was a facetious inoffenfive Man. Upon the whole, the Jury credited the Plea, That he was brought by Violence, and kept by Conftraint; for he was likewife acquitted.

Upon the Acquittal of thefe Gentlemen, efpecially of the two lait of them, who were Men of confiderable Eftates, it was thought fit to difcharge this Surrey-Jury; and accordingly, on the 7th of May, Mr. Baron Mountague came to the Marshalsey-Court, where the Names of the Jury being call'd over, he repeated to them the Tranf actions of the Rebels taken at Prefton, and took Notice of his Majesty's Clemency towards them, in regard of the very few who had been executed, in Comparison of the Number of his Majesty's Soldiers and Subjects that had been murder'd by them. He faid, That it feem'd very extraordinary to all good Subjects, that the Rebels who had been try'd in that Court, had found fo much Favour, efpecially Mr. Townley and Mr. Tildesley, against whom the Proofs were full and ftrong, and the rather becaufe five Perfons, whom they had drawn into the Rebellion, had been executed in the Country. He added, That he did not charge any one particular Perfon of them, but it feem'd furprizing that a Jury of Surrey only fhould fo diftinguish themfelves: That the Panel of the Jury, out of Lenity to the Rebels, had, inftead of two Days, been communicated to them above twice as many Weeks before: And in Conclufion, he told them, That they were discharged, and might go about their Business; at which they feem'd well pleas'd. Then the Court adjourn'd to the 30th of that Month, against which Time a new Jury was impanell'd.

Ο

The Tryal of John Hall, Efq;

N the 16th of May, at the Court of Exchequer at Westminster, came on the Tryal of John Hall of Otterburn in the County of Northumberland, Efq, before Mr. Juftice Blencowe, Mr. Justice Eyre, Mr. Juftice Dormer, Mr. Juftice Tracy, and Mr. Juftice Prat. The Evidence against this Gentleman depos'd, That he join'd the Rebels foon after their meeting at Plainfield, and march'd with them to Prefton, where he was taken. One Evidence was very pofitive of feeing him at Rodberry, and that he was there with others of the Rebels. Patten fwore he faw him on

C

Horfe

Horfeback among the Rebels near Wooler; but the Prifoner's Counfel difputed, whether that Place were within the County of Northumberland, for otherwife that Indicment would fall, and the Attorney-General might bring another Indictment laid in any other Place, if he faw good. But there was one Evidence who pretty plainly made this Place out to be within that County; and depos'd, That he faw the Prifoner on the March with the Rebels. This Evidence faid, He had been feiz'd by the Rebels as a Spy, kept by them feveral Days, and met with very fevere Ufage from them. Being afk'd by the Prifoner's Counfel, How he who had been kept under Reftraint, could fee the Prifoner at the Bar, with the Rebels ? he faid, He was carry'd on the March with them'under a Guard, fo that he faw the Prifoner and others, they being but at a very little Distance from him. The Prifoner himfelf faid, That being a Justice of Peace, he was at the Seffions at Alnwyke when he heard of the Meeting at Plainfield : That he rode from Alnwyke to a Friend's Houfe, where he ftaid all Night, and was going Home next Day; when, it being tempeftuous Weather, as he was ftooping on his Horfe's Neck, with his Head to the Wind, on a fudden he and his Man were furrounded by the Rebels, and carry'd away by Violence: Nor had he any Arms, or above 75. 6d. in his Pocket. His Servant depos'd this, and That his Mafter was never at Rodberry in the Time that had been fworn, but was conftantly kept under a Guard of the Rebels; but being cross-examin'd, he appear'd very backward in answering fuch Questions as were afk'd by the King's Counfel: Nor did it appear, even by his Evidence, that his Master's Horfes were confin'd, but that he look'd after, and had the Charge of them as ufual, and his Master rode them at Pleasure. Patten likewife faid, That he never faw any Restraint laid on him, but that he was as much at Liberty as himself. He call'd fome to prove, that he had exprefs'd his Diffatisfaction at being forc'd along with the Rebels, and faid, That he had no Difaffection to the Government. But it was obferv'd in the Charge to the Jury, which was spoke to by the whole Bench, That it was without Doubt, if a Man was feen among Rebels, tho' even he had been forc'd thither, and had Opportunities after (as it appear'd the Pri foner had frequent ones) to efcape from them, and did not do it, but continu'd with his Prefence to abet and comfort them, yet it was Treafon within the Law: That if that Allégation, of being forc'd away, were fuf

fer'd