great force and elegance by Mr. Addison, 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 last 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 list: 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 cease fo foon? Has the king done any thing to lose the affection of fo many of his people? or have his minifters? If his ministers, Why has the spirit of patriotifm been fo much wanting in gentlemen, as not to represent 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, those who pretended fuch a zeal for the king and his service, at his arrival here, acted a hypocritical part, and meant nothing less than what they now make profeffions of. Let us The confider the present 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 restless fpirit influenced the people in the late rebellion; and how induftrioufly a falfe and miftaken cause 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 difpofition of the people's minds far from being fuitable to the bufinefs of an election, but rather for a restoration of that perfon, who, the deluded people have been taught, has alone a right to the crown, and came to free you from the oppreffions 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 opportunity 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 rofe in arms against him, or abetted fuch who have. To difcountenance that spirit, which lately B 3 did 1716. efcape out of Newgate, Geo. I. The efcape of the earl of Nithifdale, and of Mr. Forfteri 1716. had given fufficient warning to the government, and ought to have doubled the vigilance of the jaylors; yet brigadier Mackintosh Mackintofh, 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 prifon 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 some others were to have been tried the day after. The judges met in Weftminfter-Hall for that purpose, but, receiving a meffage, that the keepers of Newgate were employed in fearching after the rebels, who had made their escapes, 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. Rebels tried. 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. Mr. Richard Gafcoigne was fet to the bar, but by the indulgence of the court, had ten days allowed him for bringing witnefs 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, (b) Charles Radcliffe, Charles Widdrington, Forfter'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, efpecially 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 furrendered himself, Mr. Gascoigne 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 design 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 prifoner replied, Whether, if he should tell her lady'fhip, fhe would not make use of it to persuade him to furrender? But, if it were only to give Sir William notice ' of the proclamation, he told her, that he had already fent ' him one.' Mr. Wye further declared, That, when he was in the duchess's clofet, he faw a gentleman dressed 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 some 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 discovery.' 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. Ket tleby, endeavoured to ferve him by infifting on a mifnomer 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. On 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 thofe who fuffered at Tyburn. Gafcoigne had been a common fharper, 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 Papist. 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 Farquharson not guilty, though the evidence was pofitive, That he was in arms with the rebels at Kello, and at Lancaster where the pretender was proclaimed, and alfo at Prefton.' 'Two perfons, who clapped and shouted, were apprehended; one of them, who was summoned as a juryman, was fined 100l. the other 50l. and a year's imprifonment. The fame jury, contrary to as full evidence as that againft Farquharfon, acquitted Ennis likewife. 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 Preston, but that there was a troop, called Mr. Townley's troop, in which rode his coachman, his butler, and poftilion. 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.' These two gentlemen had nothing to fay for themfelves, 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 major Blair, retracting his former plea, pleaded guilty. Captain Lancelot Mackintosh and Charles Ratcliffe, brother to the the late earl of Derwentwater, were likewife found guilty, Geo. I. and received fentence of death. 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 those 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 defired 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 fenfe, 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 justice Parker advised him to draw up the state of what he had to say 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 Robertfon, William Grierfon, fon of Sir Robert Grierton, 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 bifhops 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 professed himself a fon of the Church of England, but 1716. not |