him to be more cautions afterwards, for fear of being hang'd or fhot: That he had no Weapons, but a small walking Sword : » That he bore no Office, and never once affifted at the Proclaiming of the Pretender: That he was always watch'd as a fufpected Perfon, and had often been threaten'd as fuch That he frequently declar'd his Averfion to the Rebellion, and refus dat Preston to go to the Barricade, when commanded fo to do by a Captain of the Rebels, declaring he would not fight against King George's Forces; for which he was fent Prifoner to the Guard-Houfe. The Truth of all which was own'd by the King's Evidence. Some Gentlemen of the Government in Scotland likewife depos'd in his Behalf, That they had known him several Years, and were furpriz'd to find he had been among the Rebels, he having always had the Character of a loyal Gentleman: That he was indeed a Vaffal to the Earl of Southesk, but they never heard that he was fufpected of being difaffected to the Government; to which, on the Contrary, to the best of their Knowledge, he had always been a Friend. Upon the whole Matter the Jury withdrew, and after afhort Stay, brought -him in not guilty, bus

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The Tryal of Alexander Menzies, Efq;

Oder Menzies, Efq;

2

N the 11th of May came on the Tryal of Alexanat the Court of Common-Pleas, Westminster, before the Lord Chief Justice King, Mr. Juftice Blencowe, Mr. Justice Tracy, and Mr. Juftice Dormer. The Evidence for the King against this Gentleman depos'd, That they faw him first at Perth,, where he joined the Rebels, and likewife at feveral Places on their March, 'till they arriv❜d at Preston, where they also faw him on the Day of Action, in which he fought against his Majefty's Forces. They added, that he had Arms, particularly a Sword; but they could not fay that he had any Command. His Counfel faid in his Defence, That tho' indeed fome Circumftances were fworn against him, which, if true, would prove him criminal, yet, if the Inftructions that had been given them, were well grounded, they did not doubt but to fatisfy the Court and Jury, that the Prifoner had been forc'd by mere Violence into the Rebellion; had exprefs'd his Diffatisfaction at it ; and that the Character he bore in the World, would in great Meafure ferve to justify what they had to fay in his Defence. Then they call'd Witneffes, who depos'd, That he was

brought Prisoner to Perth, without Sword or other Arms; and that at Langholm he attempted to get off with the Scots who went away from the Rebels at that Place; and that he had been seen at several Places on their March, ‚ difarm'd, and under a Guard. These Witnesses being ask'd, if he might not at feveral Places have made his Escape if he had pleas'd they answer'd, That it was a very difficult Matter to get away; and that if they had got away, and fhould have been retaken, they would have been fewerely treated. On the contrary, the Evidence for the King afferted, That they never faw any Restraint laid on any Man; that the Places they lay at, were open Towns, where no Guard' was kept; and that when the Scots went off at Langholm, it was a very eafy Matter to have gone off with them. The Prisoner, to his Reputation, call'd the Lord James Murray, and other Gentlemen, who gave him a very favourable Character; and faid, they never ; look'd upon him to be a Man difaffected to the Government. In his own Defence, he faid, That he had always, fince his Majefty's Acceffion to the Throne, declar'd himfelf against the Intereft of the Pretender, in Favour of the prefent Establißiment; and that his Family had fuffer'd on Account of their Loyalty: That his House lying near Perth, he was feiz'd there by the Rebels, and carry'd Prifoner to that Town; that they us'd him barba- roufly, threatening him with, Fire and Sword, in cafe he refus'd to go with them; but that he forbid his Servants to follow him; that he took no Arms with him, nor was he follow'd by any of his Tenants: That he was kept Prifoner under a Guard at Perth 'till the Pafling the Forth, whither he was fent against his Will, and forc'd into a Boat: That he was always watch'd while he was among the Rebels, left he fhould efcape, which he once attempted to do, but was retaken; after which, they kept a more trict Eye upon him: That he had no Arms, faving his wearing Sword; neither had he any Command, nor ever was in any Action. But notwithstanding all this, because his appearing with the Rebels, tho' he bore no Command among them, nor was in any actual Hoftility, was Treafon in Law; the Jury, after a pretty long Stay, brought him in guilty, and he receiv'd Senence of Death as ufual..

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The Tryal of Francis Farquharfon, Efq;

N the 12th of May, at the Court of Admiralty in the Marshalsey in Southwark, came on the Tryal of Francis Farquharfon, alias Ferguson, Efq; before Mr. Juftice Powys, Mr. Juftice Dormer, and Mr. Baron Mountague. The Evidence for the King against the Prifoner depos'd, That the first Time they faw him in Arms, was at Kelfo; but that they faw him afterwards at feveral Places on their March, 'till they came to Lancaster, where, as well as at feveral other Places, he was prefent when the Pretender was proclaim'd; and that they faw him again at Prefton, walking with fome of the Rebels, with his Sword by his Side. Some of the Witneffes were ask❜d, if he might not have made his Efcape from the Rebels, if he had attempted it? To which they anfwer'd, That they thought that he or any one elfe might, for they faw no Confinement on any of them. The Counsel for the Prisoner urg'd in his Behalf, That he was forc❜d into the Rebellion against his Confent and Liking; and to manifeft this, had several Times attempted to get away before they came to Prefton, but was prevented. Some of the Witnesses for the Prifoner faid, That it was difficult and dangerous to endeavour to escape; and that one or two of the Highlanders had been flot by their own Party, for attempting to get away. The Prifoner likewife call'd fome Perfons who had known him long, and declar'd, That they had never heard him fpeak difrespectfully of the Government, but that they had always believ'd him a Friend to it. In fhort, his Cafe was left to the Jury, who, after fome Stay, brought him in not guilty. Upon their delivering their Verdict, a great Uproar was rais'd in the Court, by clapping of Hands and fhouting, which the Court look'd on as an Infult upon them, and two Perfons were-apprehended for it: One of them, viz. Richard Blackden, a Tallow-Chandler in Lambeth, who was upon the Pannel as a Jury-Man, was fin'd one Hundred Pounds, and constrain'd to find Sureties for his good Behaviour for a Twelve-month; the other, viz. Stephen Wood, the Son of a Cabinet-maker in Southwark, was fin'd fifty Pounds, and condemn'd to one Year's Imprison

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The Tryal of Mr. John Innis.

T the fame Time, and before the fame Judges, came on the Tryal of Mr. John Innis; against whom, the ́ Indictment being open'd by the King's Counfel, it was depos'd, That he was in the Rebellion from its first Breaking out; that he was feen at the Paffing the Forth, and feveral Times on the March of the Rebels to Prefton, where he was likewife feen both the Night before, and on the Day of the Action, walking with feveral of the Rebels, with his Sword by his Side, in the Streets, and in the Market-Place. He produc'd no Witneffes to contradict any Part of this Evidence, but infifted by his Counsel, That he had been forc'd into the Rebellion; for, being a Vaffal of the Earl of Mar, he receiv'd an Order from the faid Earl to join him at Perth, upon Pain of Fire and Sword; which Order was brought him by Focky Forbes, the Earl's Bailiff of Kildrummie. He faid he took this Summons to be only for a Hunting Match, they having been often fummon'd upon that and the like Occafions: But that he knew nothing of the Rebellion 'till afterwards. He produc'd this original Letter, or Order, but the Court would not let it be read as Evidence, because the Perfon was not there to fwear to the Delivery of it. He farther pleaded, That tho' it had been prov'd that he was with the Rebels, yet he carry'd no Arms, but wore only a walking Sword, as he ufually did; and that he would feveral Times have left them, but knew not how. Upon the whole Matter the Jury acquitted him.

N the 15th of May, at the Court of Admiralty, in the Richard Townley of Townley, in the County Palatine of Lancaster, Efq; was try'd for High Treafon, before Mr. Juftice Blencowe, Mr. Justice Tracy, Mr. Juftice Eyre, and Mr. Juftice Prat. The Witneffes for the King depos'd against the Prifoner, That he appear'd among the Rebels at Preston, and was prefent with them at feveral Places in the Town: That there was a Troop among them call'd Mr. Townley's Troop, confifting of about twenty Men, who had all of 'em Arms of one Sort or other; and that in this Troop were his Coach-man, his Butler,and his Poftillion. It was obferv'd likewise, That there had been Money offer'd to one of the King's Witnesses, to

go

go out of Town, and not give Evidence. His Counfel faid in his Defence, That they did allow there had been a very vile and unnatural Rebellion carry'd on, and that it had been fworn, that the Prisoner was among the Rebels, but that it did not appear that he acted any Part among them; but they hop'd to fhew he came thither by Conftraint. And as for that which was call'd his Troop, it was an easy, nay, a very fpecious Matter, for the Rebels, to give a Reputation to a bad Caufe, to diftinguish their Forces by the Names of Gentlemen of the best Credit in the Country. As to what one of the King's Evidence fwore, That he faw him in a red Waftecoat, and with a Blunderbufs on his Arm, at the Head of his Troop; they call'd Evidence, who depos'd, That there was a Perfon fo diftinguifh'd, but his Name was Leonard, and that it was he who commanded the Troop fo call'd ; and that Mr. Townley had no fuch Waftecoat on during his being at Preston. He call'd Witnesses to prove, that he left his Houfe for fear of being fecur'd by the Militia of the Country, who were then gathering together to fecure Papifts, and Perfons reputed to be difaffected to the Government. The first of thefe was his Houfe-keeper, who depos'd, That on the 7th of November the Militia of the Country came to her Master's Houfe, and fwore they would fhoot him; and that they fir'd a Piftol into the Room where her Master and Miftrefs were in Bed; tho it is remarkable that this Evidence faid after, That her Master was gone before they came. She was afk'd, If her Mafter had not, among his Cloaths, a red Waftecoat She faid, Yes; but he had it not with him at Prefton That he took with him three Shirts, and a Neckcloth or two but no Cloaths, except thofe on his Back. Being thus driven from his own Houfe, as he faid, he went towards Rochdale, and there came to the Houfe of one Mrs. Ramfden, near that Town," whom he defir'd tỏ conceal him, telling her, that the Militia were in Purfuit of him to take him. This Mrs. Ramfden depos'd, That he came the fame Night to her Houfe, and there ftaid 'till next Day; but fome of the King's Forces marching that Way, and a Carriage happening to break near the Houfe, he told him the fear'd he was not fafe there, and advis'd him to go towards Yorkshire; but the Prifoner anfwer'd, That wou'd not be fafe neither, for the King's Forces were up there. This Witnefs was afk'd, Why he thought he would not be fafe there? She faid, She did not know; but that he thought they would have

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