A

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 Counsel, it was depos'd, That he was in the Rebellion from its first Breaking out; that he was feen at the Pafling 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 Vassal 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 Jocky 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.

The Tryal of Richard Townley, Efq;

N the 15th of May, at the Court of Admiralty, in the Marfbalfey in Southwark, 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 Witnesses for the King depos'd against the Prifoner, That he appear'd among the Rebels at Prefton, 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 a bout twenty Men, who had all of 'em Arms of one Sort or other; and that in this Troop were his Coach-man, his Butfer, and his Poftillion. It was observ'd likewise, That there had been Money offer'd to one of the King's Witnesses, to

go out of Town, and not give Evidence.

His Counsel

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 sworn, 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 distinguish 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 saw 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 distinguish'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 Prefton. He call'd Witnesses to prove, that he left his House 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 these was his House-keeper, who depos'd, That on the 7th of November the Militia of the Country came to her Mafter's Houfe, and fwore they would fhoot him; and that they fir'd a Piftol into the Room where her Master and Mistress were in Bed; tho' it is remarkable that this Evidence faid after, That her Mafter was gone before they came. She was afk'd, If her Mafter had not, among his Cloaths, a red Wastecoat? She faid, Yes; but he had it not with him at Prefon: 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 House of one Mrs. Ramfden, near that Town, whom he defir'd to 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 House, she told him fhe 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 Witness was afk'd, Why the thought he would not be fafe there? She faid, She did not know; but that she thought they would have

taken

taken him up. This Anfwer produc'd the following fervation from the King's Counfel; That it appear'd the Prifoner feem'd afraid of the King's Forces, an the Militia, who would have done him no manne Harm, but rather have been a Protection to him; a fame Time, that he had fent his Servants away with Horfes to the Rebels, left they should fall into the Ki Hands, or be of any Ufe in his Service. It was like obferv'd, That from the Time he came to Mrs. Ram Houfe, to the Time he arriv'd at Prefton, there wa Account were he was, or had been. To this he He could have given an Account very clearly; but the Servant who then attended him, was a Prifone Chester, and he could not procure him, tho' he app feveral Times to have him up, but understood it c not be granted: That from Rochdale he fet out with faid Servant, defigning to go to Kirkham, on the Wef Side of Lancashire, as thinking that Part most fafe, hav fent Home to know if he might with Safety return, found he could not; but by the Way was furrounded a Party of Highlanders, and carry'd Prifoner to Pre where, as he alledg'd, he remain'd under Constraint that Time, his Horfes being fecur'd, and himfelf watch'd, that he could not escape from thence as he tended. As for his Servants who were among the Reb he pretended they had been fent away with his beft F fes, that they might not be feiz'd by the Militia, that he did not direct them to go to the Rebels, nor ki how they came to do fo. Hereupon the King's Co fel obferv'd, That it was very extraordinary that Prifoner fhould fly from the Militia, and go for Saf to the Rebels; or fear going towards Yorkshire, beca the King's Forces were there; who, if they had sei him, would have done him do manner of Wrong, rather have been a Protection to him: That as to being taken by the Rebels, and carry'd violently to fton, there was no Proof of it, and every one might ledge the fame: That as to his being bronght Prisoner the Guard, it was ufual in all Garrifons, when a Strangers enter the Town, to carry them to the Gua to be examin'd; but it appear'd, that as foon as he h difcover'd who he was, being Brother-in-Law to Lord Widdrington, he had been fet at Liberty, and we where he wou'd, and might eafily have made his Efcap it appearing by the King's Evidence, that he walk'd wh he wou'd; and tho' feveral People went in and out

ri

ring the Time he was there, yet he remain'd in the Town to the laft: That it feem'd ftrange likewife, that he should fend his Servants with his Horfes to the Rebels, who were actually in their Service, under Pretence of fecuring 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; bur in the Cafe of Roman Catholicks, on fuch Occafions, they were ufually 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 ufually retir'd 'till the Noife was over, and then return'd with Safety to their own Houfes. He likewife call'd a Witness 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.

A

The Tryal of Edward Tildefley, Eft

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 Witnesses 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 Particular 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 faw him with his Sword drawn, but it was to be obferv'd,

obferv'd, that he faid 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 eafily fhewn how he came there; for which they call'd Witnesses, first Anna-Maria Tildesley, who faid he was the Prisoner'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 House afforded; during which they kept the Prifoner confin❜d in a Room, and would not fuffer this Deponent to go near him, fwearing she should not hinder him' from going with them, and accordingly took him away with them, Next Mrs. Tildefley, the Prisoner'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 himself diffatisfy'd at his being brought thither. This was confirm'd by one Parkinson, 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 Prisoner's Counsel, If the had not heard that he attempted to make his Efcape? fhe faid, Yes; and, among other Ways, it was once agreed that he fhould go away in Woman's Cloaths, 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 à Horfe of him on Saturday Morning; and being afk'd, if the Prifoner told him where he was to go? he faid, He told him be was to go Home to his own Houfe, for his own Horfes were known, and that he exprefs'd himself to this Evídence 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 escaping 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