noon, and that he faw me there; to my Know had not been there until feven a Clock at Night he could not fee me; and if he did, not w Sword drawn. His Evidence was entirely falfe he fent me Word two Days before my Tryal, could not fwear any thing against me whateve he faid I was in the Concil of War. I never from being in it) knew the House it was held in, I know there was one held. The Evidence of the Poot-man, Walmfly, was as he fwearing me drinking of Brandy with Exci fix Times a Saturday in the fame Market-place. Thefe are the two Men that wore me out of m I forgive them with all my Hearty and recomm them to repent. And as I have, upon the Word of a dying M clar'd all thefe Truths, in order to caution People believe Reports, and to do all the Juftice I am capa doing, fo now let me recommend to all People to of their Duties to God and the Country, and to h Divifions, and exhort them to think of the Means niting and reconciling all their Interests, and un the only Measure that can render them happy; that they may do, I beg of Almighty God to direct and that they may compass it. "I blefs my God, who has given me the Grace to-f patiently to all the Injuries that have been done m alfo for enabling me to refift the many Temptati have had frequently in relation to a Gentleman, whofe Account I prefume they have taken my Lif caufe I would not concur to take his Life; but Go give them, I do heartily. And I humbly beg the Prayers of all good Chriftia The Tryal of Nicholas Wogan, Efq; N the 18th of May the Court resum'd their Pro ings at the fame Place. The Lord Chief Ju Parker, Mr. Juftice Tracy, Mr. Justice Dormer, and Juftice Prat, being on the Bench. Mr. Nicholas W was first brought upon his Tryal: Against him it prov'd, that he had appear'd among the Rebels; he had accepted of a Command in their Army, and he was feen in his Poft on the Day of Action at Pre He made but a weak Defence, offering only, by way Ex at he had been inadvertently led into the Rebelat he was found guilty, and receiv'd Sentence Se Tryal of Capt. Lancelot Mackintosh. fame Day, and at the fame Place, was try'd in Lancelot Mackintosh. Against him it was hat he was feen among the Rebels on their aving been one of thofe who came over the that he had the Name of a Captain in Mackintosh's Regiment: But none of the Evi the King could fay, that they had feen him on, or that he was prefent at any of the en the Pretender was proclaim'd. He call'd' of Witneffes, and even made ufe of some of were call'd for the King, to prove, that he rom his House by a Party fent from the Earl nd that he was treated little better than as a I the Time he was among the Rebels. That ead true, that a Commiflion had been offer'd he refus'd to receive it, faying, There were g Gentlemen among them, more fit for fuch himfelf, and more deferving of a Commifne who was fixty eight Years of Age. Hei I'd Witneffes who depos'd, That at the Time -olution he had his Houfe plunder'd, and one ants murder'd; the Caufe of which ill Treatbecause he refus'd to follow the Lord Dundee. ebellion. Befides, he had feveral People.of o fpoke in his Behalf; as Brigadier Grant and: Members of Parliament, Mr. Rofs and o all faid, That they had ever look'd on him well affected to the prefent Establishment. itnefs for him faid, That he was his Neigheliev'd him to be well affected to the Governat when he (the Witness) had been arguing with Sites against the Pretender, the Prifoner hadhim in Argument against those who difputed Moreover, it evidently appear'd by many Parat he had been forc'd into the Rebellion at first he was not a difaffected Perfon: However, by ing among the Rebels, and not making his Ebeing able to prove, that he endeavour'd it, the Prona ninft him and the Court obferv'd to 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. The Tryal of Charles Radcliffe, Efq; HE next Perfon who was brought to the Bar, was TCharles Radclife, Eng; Brother to the late Earl of Derwentwater. It was depos'd against him, That he was feen with his Brother at Hexham, Rodberry, and several other Places; that he rode on Horseback with the Rebels, and kept in their Company. He afk'd one of the Witneffes 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 Counsel 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 faid, 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 tolds 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. O The Tryal of John Dalton, Efq; N the 30th of May the Proceedings against the Rebel-Prifoners were refum'd at the Court of Admiralty at the Marfhalfey in Southwark, when John Dalton of the County of Lancaster, Efq; was brought upon his Tryalz before the Lord Chief Justice Parker, Mr. Justice Powys, Mr. Juftice Tracy, and Mr. Baron Price. It was depos'd' against the Prifoner, That he met the Rebels at Lancastery and was there feen with the Earl of Derwentwater, the Lord Widdrington, and others; and that the faid Earl, with a Number of other Rebels, came to Mr. Dalton's House on Tuesday, where they stay'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 Business is now done; we have nothing more to do, but to march to Prefon. Another Witnefs depos'd, That it was reported on the Sunday, that the Rebels were to be at Lancafter the next Day; and it was manifeft, even by his own Evidence, that the next Morning he rode with but one Servant, and went to Lancaster, as the Evidence had fworn; which was not at all difputed. was He was likewife prov'd 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 taken his Horfes; but he told the faid Evidence, that he going farther. Another remarkable Paffage 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 Virtue of the Act of Parliament, which directs, that no Papift fhall keep Horfes of above fuch a Value; and when the Rebels were Mafters of Prefton, Mr. Dalton came to the Witnefs, 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 Mafter's Sifter, whom, with Threats, the Prifoner oblig'd to deliver the Horfe: But the Prifoner not thinking him fo good as when he was feiz'd, faid they had fpoil'd the Harfe, and compell'd her to pay him role for him, which The did. This was obferv'd by the Court and King's Counfel, to fhew the Prifoner acted with Alacrity in the Rebellion; for the Horfe had been feiz'd by Law, but he had made nfe 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 Truth of his being at Prefon, and conftantly there in Company of the Rebels, was confirm'd by many other Witneffes. His Counfel pleaded for him, That he was forc'd into the Rebellion, and call'd Evidence to endeavour to prove it. One fwore, 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 House afforded: That they were got about the Prisoner, per fwading 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 diftinguish 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 Diftince from his House, 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 Witness 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 going on 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 an fiver'd him, That he had neither Intention nor Inclination to do it; that he liv'd very happily, and would not 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 discover'd fome Scruples concerning the Romish Religion. Upon which Occafion, he was afk'd by the Court, Why, he being a Minifter 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 Effay that way, but then found him alter'd in his Judgment. Up: on the Whole, he gave him the Character of a very peaceable Roman Catholick, as feyeral others did; and one faid, That he had heard him drink King George's Health. One, in another Particular, depos'd, That when e they |