they had heard of the Rebellion in Northumberland, he faid to the Prifoner, Perhaps they'll come into Lancashire, and then they'll be about your House; to which the Pri foner anfwer'd, He would have nothing to do with them. Other Witneffes faid, That he was the most peaceable of all the Roman Catholicks, and never, at the Time of Elections, meddled in the leaft, as fome did: Which one of the Members for that County justify'd, declaring, That afking his Intereft once, he told him, He would meddle of no Side.

After a very long Hearing, Mr. Dalton having nothing farther to fay, the Court fumm'd up the Evidence, obferving the Circumftances of the Law in Cafes of High Treafon; that if a Man was feen among Rebels, and continu'd with his Prefence to abet and comfort them, tho he were not actually in Arms, or committed Hoftilities, yet it was High Treafon: That the Force mention'd, muft be a continu'd Force: That a Man was not only to be forc'd away at first, but must be kept as a Prisoner under close Constraint all the Time; which appear'd by fome Witneffes examin'd, not to have been the Cafe of the Prifoner at Prefton, where he was feen at full Liberty, and whence he might have efcap'd often, if he had attempted it. But as to any favourable Circumftances that might have been given in Evidence for the Prifoner, in regard to his Character or peaceable Behaviour, they were proper only in another Place: That Mercy belong'd only to his Majefty, who was a juft Difpenfer of it; it was his undoubted Prerogative, and 'twas robbing him of his Right, to take the Power of beftowing it out of his Royal Hands. After the Court had impartially stated the Cafe, the Prifoner faid, He had a Witness to examine, who would prove, that he was at Home all Wednesday, and not that Day at Lancafter, as one of the Evidence against him had fworn. He was told, That it was very unprecedented to hear Witnesses after the Charge against him had been fumm'd up; but,however, they condefcended to it; and this Evidence, who was Mrs. Dalton's Woman, fwore him at Home all the Day on Wednesday; fo that it was left to the Jury which Witnefs they fhould believe, in refpect to that Point; but then neither of them affected his being afterwards at Preston. The Jury went out, and after a very confiderable Stay, brought him in guilty of the Indictment, and he receiv'd Sentence accordingly, When he was afk'd what he had to fay, why Sentence should not pass pass, he faid, He begged the King's

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Pardon, and defir'd the Court to intercede him for Mercy. Upon this Occafion the Lord Ch ftice Parker obferv'd, as he had done before, T Prifoner, as well as others, had fo far abusd his M Clemency, by derogating from their former Sub and giving the Government all the Trouble poffibl in ftanding it out, and combating with the King very laft, that they might very well expect to me Severity, were not his Royal Breaft always open Interceflions of Mercy, when it had been requested there was one Gentleman, who retracted his Ple own'd the Indictment, and upon Recommendatio a Pardon already pafling the Seals for him. That it have been very well for the Prisoner to have m Request for Mercy fooner; and they were not his F who advis'd him to do otherwife. That recomme of Prifoners to Mercy, was a Part he very mu lighted in; and he wish'd to have had better G to have done it for the Prifoner; but, howeve would report his Cafe in the most impartial Manı the King.

The Tryal of Richard Butler, Efq;

N the 4th of June, the Court being fitting at

Against this Gentleman it was fworn, That he join Rebels at Kirby, and march'd with them to Lan where he was feen in Company of the Earl of Der water, the Lord Widdrington, and others. Mr. Patte clar'd, That he faw him at Garfiang, where they together to Mr. Forßer. Several other Evidences pear'd against him, and depos'd, That they saw at Prefton, both the Night before, and on the Day the King's Troops came up: That he was that Day i Waftcoat, with a. Cafe of Piftols fticking in his Bi and feen marching both in the Town, and in the Chu yard among those of the Rebels, who were call'd the luntiers. He made very little Defence, pretending to infift on his Innocence in general; which the C obferv'd to him, they wonder'd how he'd do, a fuch manifest Acts of Treafon had been prov'd aga him. In short, after the Evidence was fumm'd up, Jury, without going out, gave in their Verdict, T he was guilty of the Indictment against him.

The Tryal of Mr. James Swinburn.

ames Swinburn was next try'd. Against him as depos'd, That he was firft feen among the exham, and afterwards at feveral other Places arch; as he was likewife at Preston, both before Day of Action; on the Morning of which e out of Town, in Company with fome others els, towards Ribble-Bridge; after which, none of les pretended that they ever faw him, 'till he unted, and made Prisoner in the Church-yard. 1 Defence he call'd one or two of the EvidenKing, to endeavour to prove himself a Lunaof them faid, That being a Servant in y, he was told, that the Prifoner had not been t Senfes, and had been at a Doctor's to be cur'd; e had indeed feen him fometimes behave him like a Mad-man. Another depos'd, That he A to him, and that he was generally efteem'd erfon not in his right Senfes; tho' he had ien fome short Intervals, and was by Fits pretty to this Point, the Court took Notice, That if s indeed a Lunatick, and his Idiotifm fully would ferve to acquit him in Law, but then fuch a Madness as fhew'd a total Deprivation ; which did not appear to be the Cafe of the So that the Jury, without leaving their Places, guilty.

The Tryal of Mr. Edmund Swinburn.

Edmund Swinburn, Brother to the former, was en fet to the Bar. Patten fwore against him, aw him at an Inn at Wooler, where he [the E imfelf] came in to the Rebels: That the Prifoht with him thither 18 Perfons; and that the and he went together to Mr. Forfter. Several tnesses likewife depos'd, That they faw him fre with the Rebels on their March, and likewife at from whence he rode with his Brother and others Day of Action; after which they faw him he was made Prifoner in the Church-yard. The plain upon him, and he having little to fay

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The Tryal of Mr. Duncan Mackintosh.

N the 14th of June came on the Tryal of Mr. Duncan Mackintosh, Brother to the [fo call'd] Brigadier of that Name. It was prov'd against him, That he had been feveral Times feen among the Rebels on their March; and the Horfe on which he rode, was defcrib'd by fome of the Evidences. It appear'd likewife, that he was feen with them at Prefton, where he acted as a Captain. He infifted, in his Defence, that being under the Influence of his Brother, he was compell'd by him to enter into the Rebellion: Then he call'd fome Witnesses to prove, that he feveral Times endeavour'd to get away; but this was not fully made out; and being ask'd by the Court, why he did not go away with the 500 Scots who quitted the Rebels at Langholm, he could give no good Reafon for it; fo that upon the whole Matter, after the Tryal had lafted five Hours, the Jury brought him in guilty.

The Condemnation and Execution of Mr. William Paul, the Clergy-man,

N the 15th of June, the Judges being fat at the Court of Common-Pleas in Westminster-Hall, Mr. William Paul, Clerk, who on the 31st of May had been arraign'd, and pleaded not guilty, was fet to the Bar, in order to his Tryal; but before the Jury was fworn, he retracted his former Plea, and pleaded guilty. In Mitigation of his Crime, he alledg'd, That he had never taken the Oaths to King George; and that, when he was among the Rebels, he difapprov'd of many of their Proceedings, and took the first Opportunity to get away, which he actually did before the Action at Prefton: However, he would not infist on that, but throw himself on the King's Mercy, fincerely repenting of his Fault; and begg'd the Interceffion of the Court in his Favour. After this, his Plea being recorded, he receiv'd Sentence of Death as in Cafes of High Treafon. In Purfuance of which Sentence, he was, on the 13th of July following, drawn on a Sledge, together with Mr. Hall, of whom we have spoken before, from Newgate to Tyburn. He went to the Place of Execution in the Canonical Habit of the Church of England, which fo rais'd the Compaflion of the People, that many of them figh'd, fobb'd, and wept bitterly; nay, fome of them, par

ticularly

F the Women, Inatch'd Kiffes from him as he hem. Being come to Tyburn, and put out of the o a Cart, after he had pray'd fome Time by e began to read his Speech to the People, which - Reflections on the late Revolution, and on Settlement, both in Church and State, he was by fome thar ftood by, who told him, that or a Place to preach up Rebellion, and that no would care to hear his feditious Harangue. Upftopt, and gave his Speech to the Sheriffs of en being executed, as in Cafes of High Treafon, were given to his Relations, who caus'd them r'd in the Church-yard of St. Giles's in the Fields. Day the Paper he had given the Sheriffs, was In Print as follows.

of the Paper deliver'd to the Sheriffs of London, am Paul, a Clergy-man, who was drawn, hang'd, rter'd at Tyburn, for High Treafon against his Mag George, July 13. 1716.

ople,

ft going to make my Appearance in the other - where I must give an Account of all the Actiy paft Life. And tho I have endeavour' to Peace with God by fincerely repenting of all ; yet, forafmuch as feveral of them are of a pubre, I take it to be my Duty to declare, here in the he World, my Hearty Abhorrence and Deteftati

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rft, I ask Pardon of God and the King for having my Loyalty, by taking moft abominable Oaths ce of Ufurpation, against my lawful Sovereign tes the third.

As I afk Pardon of all Perfons whom I have inoffended, fo I do efpecially defire Forgiveness of whom I have fcandaliz'd by pleading guilty. fible that it is a bafe and difhonourable Action; inconfiftent with my Duty to the King, and an urrender of my Loyalty. Human Frailty, and t a Defire of Life, together with the Perfwafions al who pretended to be my Friends, were the Ocfit. I trust God of his infinite Mercy, upon my Repentance, has forgiven me, and I hope all good ns will,