I defire that you will take fuch Caution, from my unfortunate Example, as may prevent the like to any of you. I defire you will all join with and for me, in Prayers to Almighty God, for Remiflion of my Sins, and that thro' the Merits and Mediation of his Son, our only Saviour and Redeemer, I may meet with a glorious Refurrection to Life eternal.

Shuttleworth's Head was fix'd on a Pole, and fet upon the Town-Hall of Prefton, of which Place he was an Inhabitant. Thefe Tryals being thus over, and all the Prisoners at Lancaster, to the Number of about 300, and most of thofe that were at Leverpool and Cheffer, to the Number of about 600, having fubmitted to the King's Mercy, and petition'd for Tranfportation, the Judges clos'd their Commiflion, and put an End to all farther Proceedings against them. We come now to the Tryaks of the Prisoners that were brought from Preston to London.

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The Tryal of Henry Oxburgh Efq;

N the 7th of May 1716, the Court, authorized by a fpecial Commiflion of Oyer and Terminer for trying the Preston Prifoners, being fat at the Exchequer Court at Westminster, and the Lord Chief Justice Parker, Mr. Juftice Powys, Mr. Juftice Eyre, and Mr. Juftice Prat, being on the Bench, Henry Oxburgh, Efq; against whom a Bill of Indictment for High Treafon had been found on the 7th of April, and who on the 14th of that Month had been arraign'd, and pleaded not guilty, was brought to the Bar. The Accufation against him waş open'd by the Attorney and Solicitor General, who, after having enlarg'd on the Heinoufnefs of the Rebellion in general, fet forth in particular the Share the Prisoner had in it; to prove which, they call'd, as Witnesses for the King, one Patten a Clergyman, who had been himfelf one of the Rebels, and one Calderwood, who had acted as Quarter-mafter General to the Rebel-Army. These two were the chief Evidences against the Prifoner, and they depos'd, That they faw him with the Rebels at their first Meeting in Northumberland, and that he had the Reputation of commanding the English under Lieutenant Genewal Forfier. Then thefe Witneffes recounted the feveral Morions and Marches of the Rebels, and Calderwood particularly faid, That a Detachment of 200 Horfe being fent to the Lord Viscount Lonfdale's, they were command

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ed by the Priforer; and both the Witneffes being feverally afkid, where they had feen the Prifoner, and what They had obferv'd of him? they anfwer'd, That they had feen him frequently at the Head of the English Horfe, in their March from Rodberry to Preston, in which laft Place they faw him among the other chief Commanders of the Rebels at the Time of the Action, and at the Place where they held their Council of War. Patten likewife depos'd, That after the Council of War, which was held to confider of their Submiffion, was broke up, he faw the Prifoner go out of Town, to treat, as it was then given out, with General Wills: And Calderwood faid, That he faw the Prifoner return into the Town, and heard him fay, There was no Hopes for them, but to furrender at Difcretion.

The Prifoner's Counfel, who were Mr. Serjeant Darnel and Mr. Kettleby, infifted in his behalf, firft, That there was a Mifnommer in the Indiment, in which he was call'd by the Name of Oxborough, whereas his true Name was Oxburgh. Secondly, That though indeed it was fworn, that he had been among the Rebels, yet it did not appear that he had any other Arms than a Sword, which is a Weapon that all Gentlemen conftantly wear; nei-rher was it prov'd that he had committed any one Act of Hoftility; whereas the late Statute for trying Perfons in one County for Treafons committed in another, did require fome fpecial Proof of the actual committing that Treafon. They farther urg'd, That as to his being fent out of Prefton to treat with the King's Generals, the Part of a Mediator was not under the Conftruction of manifest Treafon; and therefore they hop'd the most favourable Interpretation would be given for the Prifo

ner.

To the first Part of this Defence, the Court, in fumming up the whole Matter to the jury, obferv'd, Thac it appear'd by the King's Evidence, that he had pafs'a -by the Name of Oxborough; and that if it could be prov'd, that he had at any Time gone by, and own'd that Name, it was fufficient to fupport the Indictment, though indeed the Prifoner might write his Name Oxburgh, or Newburgh. To this Point, Witneffes were call'd for the King, one of whom was the Landlord of a Houfe where the Prifoner had lodg'd, who depos'd, That he went by, and own'd the Name of Oxborough; and that on fome Occafions he himself had, in telling that Witness his Name, given it the very diftinct Pronunciation of Oxborough.

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It was likewife prov'd, that the King's Officers receiv'd and treated with him by the Name of Oxborough. The Court farther obferv'd as to the other part of the Defence, That if a Man were found among Rebels, any ways aiding, abetting, and comforting them, &c. thơ he was not actually in Arms, nor had committed any Hoftilities, yet it was Treafon within the Law: And befides, that the Part of a Mediator, which it was pretended he had acted, fhew'd plainly the great Confidence the Rebels had plac'd in him. Then the Jury went out, and after a hort Stay, brought him in guilty of High Treafon.

On Wednesday the 9th of May he was again brought to Westminster, where he receiv'd Sentence of Death as in Cafes of High Treafon, and a Rule of Court was then made for his Execution on Monday following, being May the 14th, when he was executed at Tyburn accordingly. During the Interval of Time between his Condemnation and Death, he fet himself earnestly to lament the Sins of his paft Life; and, the better to attend his Devotions, he would take no other, Suftenance than Bread and Water. He went with a compos'd and fteddy Behaviour to the fatal Tree, and dy'd with great and Christian-like Refolution: After which his Body was carry'd off in a Hearfe, in order to be interr'd, and was accordingly bury'd in the Church-Yard of St. Giles's in the Fields; but his Head was the Day after his Execution affix'd to a Pole, and fet upon Temple-Bar. The following Paper was by him deliver'd at the Place of Execution, to the Sheriff, who foon after caus'd it to be publish’d.

Uftom has made it almoft necessary for Perfons in my Circumstances to fay or leave fomewhat by their laft Words, declaring their Sentiments with relation to what they die for: In Compliance with which, I have thought fit to make the following Declaration. In the firft Place, I declare I die a Member of the Holy Roman Catholick Church, tho' a very unworthy one, and I defire all the Members of that Communion to aflift my Soul with their charitable Prayers. I declare my felf in Charity with all the World, and do from my Soul forgive all my Enemies, and all others who have any Ways injur'd or done me Wrong; and particularly, I forgive all thofe who have promoted my Death by malicious Mifrepresentations or otherwife, and earneftly beg God to forgive them, and grant them the fame Bleflings I de

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fire for my own Soul. I likewife afk Pardon of all fuch as I have offended.

It has been faid, That the Catholicks, who were taken at Prefton, engag'd in that Affair in View only of fetting a Catholick King on the Throne, and re-establishing the Catholick Religion in England; but that is not the only Calumny charg'd on them. I declare for my own Particular, That if King James the Third had been a Proteftant, I fhould think my felf oblig'd to pay him the fame Duty, and do him the fame Service, as if a Catholick; nor do I know any Catholick that is not of the fame Principle; for I never could find that either by the Laws of God, or the ancient Conftitutions of the Nation, Difference of Religion in the Prince, made any Change in the Allegiance of the Subject.

I might have hop'd, from the great Character Mr. Wills gave me at Prefton, (when I treated with him for a Surrender) of the Clemency of the Prince now on the Throne, (to which he faid we could not better entitle our felves, than by an early Submiflion) that fuch as furrender'd themselves Prifoners at Difcretion, on that Prospect, would have met with more Lenity than I have experienc'd; and I believe England is the only Country in Europe, where Prifoners at Difcretion are not understood to have their Lives fav'd.

I pray God of his infinite Goodness to restore the Nation to its former Happiness, by extinguishing all unhappy Divifions, that all Animofities and Feuds may be bury'd, and no other Emulation remain among the Subjects of Great Britain, but who shall be moft zealous in advancing the true Glory of God, and the true Intereft of the Nation.

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May 14, 1716.

Henry Oxburgh.

The Tryal of James Hume, Efq;

N the 8th of May, at the Court of Admiralty in the Marshalfea in Southwark, came on the Tryal of James Hume, Efq; Brother to the Earl of Hume. The Judges on the Bench, were the Lord Chief Justice King, Mr. Juftice Eyre, and Mr. Baron Price. The Evidence against the Prifoner, were Mr. Patten and others, who depos'd, That they frequently faw him amongst the Rebels, both on their March, and at other Times: That for the most part he wore a Knot of Ribands, or a Cockade, in his Hat; a Mark of Distinction generally us'd by the Chiefs of the

Rebels ;

Rebels; but they could not fay he had any particular Command, or diftinguifh'd himfelf by any particular Overt Act. His Couitfel infifted in his Behalf, that they did not think the Proof was clear against him, it not appearing that he had born Arins, or had had any Share in oppofing the King's Forces Befides, that if it fhould be thought to appear that he had, through Indifcretion, brought himself under the Law, which makes it Trea fon to appear with thofe in Arms against the Government, yet they hop'd the Court and Jury would confider the Prifoner as a Perfon wholly incapable of acting with Malice or Fore-thought, it being well known that he was a Perfon of a very weak Understanding, a mere Youth, at fome Times rash and furious, at other Times ftupid and filly; and one who, from his very Youth, had been generally efteem'd little better than an Idiot; and they call'd feveral Witneffes, who verify'd the Truth of this Allegation, which even his Behaviour in the Court gave great Reafon to believe; for either this Character of him was true, or elfe he had Judgment enough to feign the Part very natu rally, fince he often laugh'd aloud at the Bar, and fomes times fhew'd a very wild and odd fort of Behaviour. But becaufe thefe Tokens of Idiotifm did not fall under the Cognizance of the Court, and forafmuch as it appear'd that he had Reason enough to observe a Decorum in his Deportment among the Rebels, the Jury, after a fhort Deliberation, brought him in guilty of High Treason. Then came on

The Tryal of John Ferguson, aliàs Farquharfon, Efq;

The

HE Evidence against this Gentleman depos'd, That they had often seen him among the Rebels on their March, and at some other Places; but they were not pofitive as to his bearing of Arms, and could not fay he had any Command. The Prifoner, in his Defence, alledg'd, That being a Vaffal to the Earl of Southesk, he was, in that Lord's Name, violently carry'd from his own House by a Party of Horfe, and brought Prifoner to the Lord. Kenmure's Army at Kelfo. That he folemnly protested against ferving the Pretender, and endeavour'd often to make his Efcape, particularly in the North of England, where he was taken, carry'd back to Forfter's Army, feverely reprimanded, and fhould have been panifh'd with Death as a Deferter, had he not been protected by his Kinfman Capt. Peter Farquharson; which indeed oblig'd

him