through Fear or Threats, it may be pleaded in Law for him, but then it must not be any vain Fear, as a Fear of being plunder'd, or the Lofs of Goods or Money only, but a Fear of Death, and that actually prov'd; infomuch that the Jury, after a confiderable Stay, brought him in guilty, and he receiv'd Sentence of Death.

TH

"HE next Perfon who was brought to the Bar, was Charles Radcliffe, Efq; Brother to the late Earl of Derwentwater. It was depos'd against him, That he was feen with his Brother at Hexham, Rodberry, and feveral other Places; that he rode on Horfeback with the Rebels, and kept in their Company. He afk'd one of the Wit neffes for the King, what fort of Horfe he rode on, and what Cloaths he wore? The Evidence anfwer'd, That he often chang'd his Horfes, and rode for the most part in a fcarlet Cloak: But he deny'd his having one. He had no Counfel to plead in his Behalf, and faid only, That he conceiv'd the Evidence were not pofitive against him; and therefore hop'd the Court would obferve what the Law allow'd in his Favour. The Jury, after a short Stay, brought him in guilty: Then being afk'd, If he had any Thing to offer in Arreft of Judgment, he said, That he was but juft return'd from Abroad, and coming to fee his Brother, was unfortunately drawn along with him when that unhappy Affair happen'd; and therefore he hop'd the Court would confider it: But he was told there was a proper Place where this might have fome Weight, but it was to no Purpose to offer it there; fo Judgment was pronounc'd upon him.

The Tryal of John Dalton, Efq;

ralty at the Marfhalfey in Southwark, when John Dalton of the County of Lancaster, Efq; was brought upon his Tryal before the Lord Chief Juftice Parker, Mr. Justice Powys, Mr. Juftice Tracy, and Mr. Baron Price. It was depos'd against the Prifoner, That he met the Rebels at Laneafter, and was there feen with the Earl of Derwentwater, the Lord Widdrington, and others; and that the faid Earl, with a Nuniber of other Rebels, came to Mr. Dalton's Houfe on Tuesday, where they ftay'd all Day, and that he went

away

away with them. One Witnefs, in particular, faid, That he faw Mr. Dalton at Lancaster, on the Monday, in the Company before mention'd, and again on the Wednesday Morning, when he heard him fay, The Bufinefs is now done; we have nothing more to do, but to march to PBon. Another Witnefs depos'd, That it was reported on the Sunday, that the Rebels were to be at Lancaster the next Day; and it was manifefty even by his own Evidence, that the next Morning he rode with but one Servant, and went to Lancafter, as the Evidence had fworn towhich was not at all difputed.

He was likewife prøvd by, feveral to have been with the Rebels at Prefton, particularly by the Hoftler at the White-Bull Inn, where he ufually fet up his Horfes when he came to that Town, who faid he ran to him to have tas ken bis Horfes; but he told the faid Evidence, that he was going farther. Another remarkable Passage of his being and confederating with the Rebels, was prov❜d by the Servant of one Charley of Prefton. This Chorley had fome Time before feiz'd a Horfe of the Prifoner's, by Vir tue of the Act of Parliament, which directs, that no Pa pift fhall keep Horfes of above fuch a Value; and when the Rebels were Masters of Preston, Md: Dalton came to the Witness, Chorley's Man, and demanded the Horfe The Witnefs anfwering him, That his Mafter was not at Home, (he being gone away with the Dragoons towards Wiggan, on the Approach of the Rebels, whom he was in Dread of) he then told the Servant, That he would have the Horfe; whereupon this Evidence call'd out his Ma fter's Sifter, whom, with Threats, the Prifener oblig'd to deliver the Horfez But the Prifoner not thinking him fo good as when he was feiz'd, faid they had fpoil'd the Horse, and compell'd her to pay him rol. for him, which fhe did. This was obferv'd by the Court and King's Counfel, to fhew the Prisoner acted with Alacrity in the Rebellion; for the Horfe had been feiz'd by Law, bug he had made ufe of Violence, and unlawful Means, to obtain him again, and made his Demands good only by the Advantage of the Power of the Rebels. The Truthr of his being at Prefton, and conftantly there in Company of the Rebels, was confirm'd by many other Witneffes.

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His Counfel pleaded for him, That he was forced into prove

the Rebellion, and call'd Evidence to endeavour to

it. One swore, That the Earl of Derwentwater, and o thers, came to his Houfe on the Tuesday, and there liv'd

at Difcretion, and call'd for, or took whatever the Houfe afforded: That they were got about the Prisoner, perfwading him to go with them, and threaten'd him with Death, and took away his Arms; but he refus d to go, and faid, He had no Inclination; and that he heard them at high Words, but could not distinguish what was faid. That afterwards the Prifoner was brought out, and put on Horfeback, and went away with them, but fhew'd Reluctance. He was likewife met at fome Distance from his Houfe, riding among the faid Company of Rebels, by another Witnefs, who faid, He feem'd to go unwillingly that he look'd melancholly, and he could perceive Tears in his Eyes, and his Eyes to look red; but this Witnefs could not but fay, That he rode as at other Times; and it was pretty extraordinary, as was after obferv'd by the Court, that this Witnefs, at the Distance of a Street's Breadth, fhould fee Tears in the Prifoner's Eyes; or indeed it might be very profitable, that at parting with his Wife, and goingon fuch a dangerous Affair, it might occafion fome melancholly Reflecti

ons.

He call'd feveral to his Character; one of which was the Parfon of the Parish the Prifoner liv'd in, who faid, That fome Time before the Rebellion, he was at a Wedding with Mr. Dalton, who then read him a Letter from London, which faid, That they expected a Rifing in Scotland under the Earl of Mar; and that there would be other Rifings in England: That he told the Prisoner, he hop'd he would not meddle in the Matter, who anfwer'd him, That he had neither Intention nor Inclination to do it; that he liv'd very happily, and would nor endanger himself. This Evidence declar'd farther, That he had, at feveral other Times, had Difcourfe with the Prifoner, whom he never heard to exprefs himself against the Government; and was fo far unlikely to favour the Pretender's Caufe, that he had fometimes difcover'd fome Scruples concerning the Romish Religion. Upon which Occafion, he was afk'd by the Court, Why, he being a Minister of the Church of England, did not endeavour to improve thofe Notions in him, in order to convert him? he anfwer'd, That. he had made fome Essay that way, but then found him alter'd in his Judgment. Upon the Whole, he gave him the Character of a very peaceable Roman Catholick, as feveral others did; and one faid, That he had heard him drink King George's Health. One, in another Particular, depos'd, That when

they

they had heard of the Rebellion in Northumberland, he faid to the Prifoner, Perhaps they'll come into Lancashire, and then they'll be about your Houfe; to which the Prifoner anfwer'd, He would have nothing to do with them. Other Witneffes faid, That he was the most peaceable of all the Roman Catholicks, and never, at the Time of Elections, meddled in the leaft, as fome did: Which one of the Members for that County juftify'd, declaring, That afking his Intereft once, he told him, He would meddle of no Side.

After a very long Hearing, Mr. Dalton having nothing farther to fay, the Court fumm'd up the Evidence, obferving the Circumftances of the Law in Cafes of High Treafon; that if a Man was feen among Rebels, and continu'd with his Prefence to aber and comfort them, tho he were not actually in Arms, or committed Hoftilities, yet it was High Treafon: That the Force mention'd, muft be a continu'd Force: That a Man was not only to be forc'd away at first, but must be kept as a Prisoner under close Constraint all the Time; which appear'd by fome Witneffes examin'd, not to have been the Cafe of the Prifoner at Prefton, where he was feen at full Liberty, and whence he might have escap'd often, if he had at tempted it. But as to any favourable Circumftances that might have been given in Evidence for the Prisoner, in regard to his Character or peaceable Behaviour, they were proper only in another Place: That Mercy belong'd only to his Majesty, who was a juft Difpenfer of it; it was his undoubted Prerogative, and 'twas robbing him of his Right, to take the Power of beftowing it out of his Royal Hands. After the Court had impartially stated the Cafe, the Prifoner faid, He had a Witness to examine, who would prove, that he was at Home all Wednesday, and not that Day at Lancaster, as one of the Evidence against him had fworn. He was told, That it was very unprecedented to hear Witnesses after the Charge againit him had been fumm'd up; but,however, they condefcended to it; and this Evidence, who was Mrs. Dalton's Woman, fwore him at Home all the Day on Wednesday; fo that it was left to the Jury which Witnefs they should believe, in refpect to that Point; but then neither of them affected. his being afterwards at Prefton. The Jury went out, and after a very confiderable Stay, brought him in guilty of the Indictment, and he receiv'd Sentence accordingly. When he was afk'd what he had to fay, why Sentence fhould not pafs, he faid, He begg'd the King's

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Pardon, and defir'd the Court to intercede with him for Mercy Upon this Occafion the Lord Chief Ju ftice Parker obfery'd, as he had done before, That the Prifoner, as well as others, had fo far abus'd his Majesty's Glemency, by derogating from their former Submission, and giving the Government all the Trouble poffible, even in standing it out, and combating with the King to the very laft, that they might very well expect to meet with Severity, were not his Royal Breaft always open to the Interceflions of Mercy, when it had been requested; Thar there was one Gentleman, who retracted his Plea, and own'd the Indictment, and upon Recommendation, had a Pardon already paffing the Seals for him. That it would have been very well for the Prifoner to have made his Request for Mercy fooner; and they were not his Friends who advis'd him to do otherwife. That recommending of Prifoners to Mercy, was a Part he very much delighted in; and the with'd to have had better Grounds to have done it for the Prifoner; but, however, he would report his Cafe in the most impartial Manner to the King. 1. 1994

N the 4th of June, the Court being fitting at West

Against this Gentleman it was fworn, That he join'd the Rebels at Kirby, and march'd with them to Lancaster, where he was feen in Company of the Earl of Derwentwater, the Lord Widdrington, and others. Mr. Pattén deelar'd, That he faw him at Garstang, where they went together to Mr. Forster. Several other Evidences appear'd against him, and depos'd, That they faw him at Preston, both the Night before, and on the Day that the King's Troops came up: That he was that Day in his Waftcoat, with a Cafe of Piftols fticking in his Breaft and feen marching both in the Town, and in the Churche yard among thofe of the Rebels, who were call'd the Voluntiers. He made very little Defence, pretending only to infift on his Innocence in general; which the Court obferv'd to him, they wonderd how he'd do," after fuch manifest Acts of Treafon had been prov'd against him. In fhort, after the Evidence was fumm'd up, the Jury, without going out, gave in their Verdict, That he was guilty of the Indictment against him.

The