The Newgate Calendar
Part II (1742 to 1799)




HENRY COOK
Notorious Horse-Stealer and Highwayman, executed at Tyburn,
16th of December, 1741

HENRY COOK committed more robberies, singly, than
Wild, Turpin or Hawke, and was long the terror of travellers on
different roads, but particularly in Essex. The story of his career
makes a long narrative of curious and daring exploits, with
hairbreadth escapes, before he was taken. Cook was the son of
creditable parents in Houndsditch, who, having given him a decent
education, apprenticed him to a leather cutter, with whom he
served his time, and then his father took the shop of a shoemaker at
Stratford, in Essex, in which he placed his son. Having some
knowledge of the shoemaking business, he was soon well
established, and married a young woman at Stratford, by whom he
had three children, before he commenced as highwayman.
However, it was not long after his marriage before the associating
with bad company and the neglect of his business involved him so
far in debt that he was obliged to quit his house in apprehension of
the bailiffs. He was afterwards obliged wholly to decline business,
and having taken up goods in the name of his father he was
ashamed to make application to him for relief in his distress.

Among the idle acquaintances that Cook had made at
Stratford was an apothecary, named Young, who was concerned
with him in robbing gardens and fishponds, and in stealing poultry.
The persons robbed offered a reward for apprehending the
offenders, and Cook having been known to sell fowls at
Leadenhall Market a warrant was granted to take him into custody;
but, having notice of it, he concealed himself two months at the
house of a relation at Grays, in Essex. During this retreat it was
determined not to execute the warrant; but Cook, learning that a
bailiff at Stratford had vowed to arrest him if he could be found,
sent the officer a letter, advising him to consult his own safety, for
he would blow his brains out if he should meet him. This threat
effectually intimidated the bailiff; and Cook, having dissipated all
his cash, went to Stratford, where he found a man so intimate with
his wife that he became enraged in the highest degree, and taking
several articles of furniture with him went to London and sold
them. This being done, he went to the house of a relation in
Shoreditch, where he was treated with civility while his money
lasted; but when that was nearly gone there was no further
appearance of friendship; and, being now driven to extremity, he
went to Moorfields, where he purchased a pair of pistols, and
having procured powder and ball went towards Newington, on his
way to which he robbed a man of fifteen shillings, and returned to
London.

Thus embarked on the highroad to destruction, he
determined to continue his dangerous trade; and on the following
day went to Finchley Common, where he stopped a gentleman, the
bridle of whose horse he seized, and ordered him to dismount on
pain of death. The rider, complying, was robbed both of his money
and horse; but he offered the highwayman three guineas if he
would send the horse to an inn at St Albans, which he promised to
do; but afterwards finding that he had a valuable acquisition in the
beast he failed to restore him.

This robbery being committed, he crossed the country to
Enfield Chase, and going to a public-house where he was known
said that he wished to hide himself lest he should be arrested.
Having continued here two days, he proceeded to Tottenham,
where he robbed a gentleman of about six pounds, and leaving his
horse at an inn in Bishopsgate Street he went to his kinsman's in
Shoreditch, where he was interrogated respecting his possessing so
much money; but he would give no satisfactory answer. On the
following day he went on the St Albans Road, and having robbed
the passengers of a stage-coach of eight pounds he went to Enfield
Chase, to the house he had frequented before; but while he was
there he read an advertisement in which his horse was so exactly
described that he determined to abscond; on which he went to
Hadley Common, near Barnet, where he robbed a gentleman, and
taking his horse, gave the gentleman his own.

Soon after this he went to an inn at Mims, where he saw a
gentleman whom he had formerly robbed, and was so terrified by
the sight of the injured party that he ran to the stable, took his
horse and galloped off with the utmost expedition. On the road
between Mims and Barnet he was met by eight men on horseback,
one of whom challenged the horse he rode, saying that a
highwayman had stolen it from a gentleman of his acquaintance.

Our adventurer replied that he had bought the horse at the
Bell, in Edmonton, of which he could give convincing proofs; on
which the whole company determined to attend him to that place.
But when he came near Edmonton he galloped up a lane, where he
was followed by all the other parties; and finding himself in danger
of being apprehended he faced his pursuers and, presenting a
pistol, swore he would fire unless they retreated. Some countrymen
coming up at this juncture, he must have been made prisoner, but,
night advancing, he quitted his horse and took shelter in a wood.

When he thought he might safely leave his lurking-place he
hastened to London, going to the house of his relation in
Shoreditch, where he was challenged with having committed
robberies on the highway; but nothing could be learned from the
answers he gave. Having dissipated his present money, he went
again upon Finchley Common. His late narrow escape, however,
made such an impression on his mind that he suffered several
persons to pass unattacked, but at length robbed an old man of his
horse and five pounds, though not till after it was dark. Soon
afterwards he met a gentleman, whom he obliged to change horses
with him; but in a few minutes the gentleman was stopped by the
owner of the stolen horse, who said a highwayman had just robbed
him of it. Enraged at this, the gentleman swore the place was
infested with thieves; however, he delivered the horse and walked
to London.

Cook, riding to his old place of resort, near the Chase,
remained there three days; but, seeing the horse he had last stolen
advertised, he rode off in fear of discovery, and had not proceeded
far before he was seized by the owner of the horse, assisted by
three other persons, who conducted him to Newgate. At the next
Old Bailey sessions he was indicted for stealing this horse; but
acquitted, because the owner would not swear to his person.

Soon after his discharge he returned to his former practices,
but, his affairs with his creditors having been by this time adjusted
by his friends, he lived at Stratford with his wife, and committed
his depredations chiefly in Epping Forest. Having acquired a booty
of thirty pounds, he showed it to a journeyman he kept, named
Taylor, and asked him how he might employ it to the best
advantage in buying leather; but Taylor, guessing how it had been 
obtained, offered to go partners with his master in committing
robberies on the highway; and the base contract was instantly
made. They now stopped a great number of coaches on the borders
of the Forest; but acted with such an uncommon degree of caution
that they were for a long time unsuspected. The neighbours being
at length terrified by such repeated outrages on the public peace, a
Captain Mawley took a place in the basket of the Colchester coach
to make discoveries; and, Cook and Taylor coming up to demand
the money of the passengers, Taylor was shot through the head; on
which Cook ran to the Captain and robbed him of his money, on
threats of instant death. The carriage driving on, Cook began to
search his deceased companion for his money; but on some of the
neighbours coming up he retired behind a hedge to listen to their
conversation; and having found that some of them knew the
deceased, and intimated that he had been accompanied by Cook, he
crossed the fields to London.

Having spent three days in riot and dissipation, he went to
his relation in Shoreditch, whom he requested to go to Stratford to
inquire the situation of affairs there. When his relation returned, he
told him there were several warrants issued against him, and
advised him to go to sea. This he promised to do, but instead
thereof he bought a horse and rode to Brentwood, in Essex, where
he heard little conversation but of Cook, the famous highwayman
of Stratford; and on the next day he followed a coach from the inn
where he had put up, and took about thirty pounds from the
passengers.

Cook now connected himself with a gang of desperate
highwaymen in London, in conjunction with whom he stopped a
coach near Bow, in which were some young gentlemen from a
boarding-school. A Mr Cruikshanks riding up at this instant, one of
the gang demanded his money; but as he hesitated to deliver it,
another of them knocked him down and killed him on the spot;
after which the robbers went to a public-house near Hackney
Marsh, and divided the spoils of the evening.

Oppressed in mind by contemplation of his crimes, and
particularly by reflecting on the murder of Mr Cruikshanks, Cook
went to St Albans, where he assumed a new name, and worked as a
journeyman shoemaker for about three weeks, when, a
highwayman being pursued through the town, the terrors of his
conscience on the occasion were such, that he hastily left the shop
and ran across the country towards Woburn, in Bedfordshire. On 
his way to Woburn he robbed a farmer of fifty pounds and his
horse, and bade him sue the county. The farmer soon raised the
hue-and-cry; but Cook escaped, and, riding as far as Birmingham,
took lodgings at a public-house, and disposed of his horse. Cook
had now taken the name of Stevens, and the landlord of the house
where he lodged telling him that there was a shop to let, he took it,
and entered into business as a shoemaker. He now hired one Mrs
Barrett as his housekeeper, but she soon became his more intimate
companion; and accompanying him to horse-races, and other
places of public diversion, his little money was soon dissipated.
Thus situated, he told his housekeeper that he had an aunt in
Hertfordshire, who allowed him a hundred per annum, which he
received in quarterly payments; and that he would go to her for his
money. Under this pretence he left her, and went to Northampton,
and from thence to Dunstable, near which place he robbed a farmer
of his horse and sixteen pounds, and then rode to Daventry.

At this last place he met with a Manchester dealer going
home from London, and, having spent the evening together, they
travelled in company next day and dined at Coventry. Cook,
having an intention of robbing his fellow-traveller, intimated that it
would be proper to conceal their money, as they had a dangerous
road to travel; and, putting his own money into his boot, the other
put a purse of gold into his side-pocket. Prosecuting their journey
till they came to a cross-road, Cook demanded his companion's
money, on pain of immediate death; and having robbed him of
thirty-five guineas he travelled immediately to Birmingham; so
Mrs Barrett imagined he had been supplied by his aunt, agreeable
to the story he had told her.

He now carried on trade as usual; but as often as he was
distressed for cash he used to have recourse to the road, and
recruited his pockets by robbing the stages. At length, a London
trader, coming to Birmingham, asked Cook how long he had lived
there, which terrified him so that he quitted the place, and travelled
towards London, and near Highgate robbed a gentleman, named
Zachary, of his horse and money. On his stolen horse he rode to
Epping Forest on the following day; and, having robbed a
gentleman, returned to London by the way of Stratford, at which
place he spoke to a number of his old acquaintances, but was not
imprudent enough to quit his horse.

Going to a house he had frequented at Newington Green,
he sent for his relation who lived near Shoreditch, who advised
him to make his escape, or he would certainly be taken into
custody. On this he went to Mims; and on his relation visiting him
Cook begged he would sell five watches for him; but the other
declined it, recommending him to dispose of them himself in
London. On the following evening, when it was almost dark, he
rode towards town, and observing a chaise behind him permitted it
to pass, and followed it to the descent of the hill towards
Holloway. There were two gentlemen in the chaise, whose money
Cook demanded; but instead of complying they drove on the faster;
on which he fired and wounded one of them in the arm; but the
report of the pistol bringing some people towards the spot he
galloped off, and went to Mims, his old place of retreat. Coming to
London next day to sell his watches, he was seen in Cheapside by a
woman who knew him, and followed him to Norton Folgate,
where, observing him to go into a public-house, she went and
procured a constable, who took him into custody, and found on
him five watches and about nine pounds in money.

On his examination before a magistrate, Mr Zachary, whom
he had robbed near Highgate, swearing to the identity of his
person, he was committed to Newgate; but not before he had
offered to become evidence against some accomplices he
pretended to have had; but this offer was rejected. He now formed
a scheme to murder the keepers and to make his escape; but, being
detected, he was confined to the cells, and, being brought to his
trial at the Old Bailey, was capitally convicted.

After sentence of death he for some time affected a gaiety
of behaviour; but when the warrant for his execution arrived he
was so struck with the idea of his approaching fate that it
occasioned convulsive fits, and he never afterwards recovered his
health.



JONATHAN BRADFORD
Executed at Oxford for a Murder he had contemplated but did not
commit

JONATHAN BRADFORD kept an inn at the city of
Oxford. A gentleman (Mr Hayes), attended by a man-servant, one
evening put up at Bradford's house, and in the night the former was
found murdered in his bed, and the landlord was apprehended on
suspicion of having committed the crime.

The evidence given against him was to the following effect.
Two gentlemen who had supped with Mr Hayes, and who retired at
the same time to their respective chambers, being alarmed in the
night with a noise in his room, and soon hearing groans as of a
wounded man, got up in order to discover the cause, and found
their landlord, with a dark lantern and a knife in his hand, in a state
of astonishment and horror, over his dying guest, who almost
instantly expired.

On this evidence the jury convicted Bradford, and he was
executed; but the fate of this man may serve as an additional lesson
to jurymen to be extremely guarded in receiving circumstantial
evidence. At a trial at Nisi Prius, and between personal right and
wrong, the jury are often directed by the judge to take into
consideration presumptive evidence where positive proof is
wanting; but in criminal charges, it seldom should, unsupported by
some oral testimony, or ocular demonstration, be sufficient to find
a verdict against the accused.

The facts attending this dreadful tragedy were not fully
brought to light until the deathbed confession of the real murderer,
a time when we must all endeavour to make our peace with God.

Mr Hayes was a man of considerable property, and greatly
respected. He had about him, when his sad destiny led him under
the roof of Bradford, a considerable sum of money. The landlord,
knowing this, determined to murder and rob him. For this horrid
purpose he proceeded with a dark lantern and a carving-knife,
intending to cut the throat of his guest, while yet sleeping; but what
must have been his astonishment and confusion to find his victim
already murdered by a servant!

The wicked and unworthy servant had also contemplated
murdering his master, and had just committed the bloody deed, and
secured his treasure, a moment before the landlord entered for the
same purpose!



JOHN BODKIN, DOMINICK BODKIN AND OTHERS
Executed in Ireland on 26th of March, 1742, for the Murder of
Eleven Persons

OLIVER BODKIN, Esq., was a gentleman who possessed
a good estate near Tuam, in Ireland. He had two sons, by two
wives. The elder son, named John, to whom this narrative chiefly
relates, was sent to Dublin to study the law; and the younger, who
was about seven years of age, remained at home with his parents.
The young student lived in a very dissipated manner at Dublin,
and, soon quitting his studies, came and resided near his father's
place of abode. The father allowed him a certain annual sum for
his support; but, as he lived beyond his allowance, he demanded
further assistance. The father, however, refusing to accede to his
wishes, he determined upon a horrible revenge, and included his
stepmother in his proposed scheme of vengeance, as he imagined
that she had induced his father to refuse him any further aid.

Having engaged his cousin, Dominick Bodkin, his father's
shepherd, John Hogan, and another ruffian of the name of Burke,
to assist him in the intended murders, they went to the house of Mr
Bodkin, senior, whose household consisted of four men and three
women servants, exclusive of Mrs Bodkin and the younger son,
and a gentleman named Lynch, who was at that time on a visit
there. They found all the members of the family at supper on their
arrival, and, having murdered them, they went into the kitchen,
where they killed three servant-maids; and, finding the men in
different parts of the house, they also sacrificed them to their brutal
and unprovoked rage. The murder of eleven persons being thus
perpetrated, they quitted the fatal spot; and when some persons
from Tuam came the next morning to speak with Mr Bodkin on
business they found the house open, and beheld the dead body of
Mr Lynch, near which lay that of Mrs Bodkin, hacked and
mangled in a shocking manner; and, at a small distance, her
husband, with his throat cut, and the child lying dead across his
breast. The throats of the maid-servants in the kitchen were all cut;
and the men-servants in another room were also found murdered.
The assassins had even been so wanton in their cruelties as to kill
all the dogs and cats in the house. The neighbours being alarmed
by such a singular instance of barbarity, a suspicion fell on John
Bodkin; who, being taken into custody, confessed all the tragical
circumstances above mentioned, and impeached his accomplices:
on which the other offenders were taken into custody, and all of
them were committed to the jail of Tuam.

When they were brought to trial John Bodkin (the
parricide), Dominick Bodkin and John Hogan pleaded guilty, and
they were all condemned and executed at Tuam, on the 26th of
March, 1742. The head of the shepherd was fixed on Tuam
market-house, and the bodies of the others gibbeted within sight of
the house where the murders had been committed.



THOMAS LYELL AND LAWRENCE SYDNEY
Swindlers, who cheated with Loaded Dice and were pilloried for
Fraud, 2nd of June, 1742

IN April, 1740, these pests to society were committed to
Newgate, charged on the oaths of several gentlemen of distinction,
with cheating and defrauding them with false and loaded dice at
the masquerade, on Thursday morning, about three o'clock, to the
amount of four hundred pounds.

It also appeared, on their examination, which lasted from
six o'clock in the morning till three in the afternoon, that they had
cheated a number of other gentlemen of upward of four thousand
pounds more. Nine pairs of dice were found upon the sharpers, and
on being cut asunder they were all, except one, loaded --that is, to
introduce a piece of lead in a direction into the die which, when
thrown, will generally turn a number suited to the owner's game.

They were brought to the bar of the Old Bailey for these
infamous practices, and after a long trial, in which such scenes of
iniquity were discovered to have been committed by sharpers of
this description as astonished the Court and jury, Lyell and Sydney
were found guilty, and sentenced to be imprisoned one year, and
during that time to be pilloried.

On the 12th of June, 1742, above two years after, Thomas
Lyell and Lawrence Sydney, the principals of the gang, were
brought out of Newgate and carried to the Haymarket, where a
pillory had been erected to receive them, facing the Opera House --
the scene of their depredation -- amid the scoffs and taunts of an
enraged populace.

The following evidence given in the Court of King's Bench,
the 29th of November, 1796, will discover some of the tricks of
this description of swindlers.

A cause came on before Lord Chief Justice Kenyon, on the
statute against gaming, and one John Shepherd being called as a
witness for the injured party, he swore that he saw hazard played at
the gaming-house of the defendant in Leicester Street. Every
person who was three times successful, paid the defendant a silver
medal, which he purchased from him, on entering the house, at
eight for a guinea, and he received six or seven of these in the
course of an hour for the Box Hands, as it was called. The people
who frequented this house always played for a considerable sum.
Sometimes twenty or thirty pounds depended on a single throw of
the dice. The witness remembered being once at the defendant's
gaming-house, about three or four o'clock in the morning, when a
gentleman came in very much in liquor. He seemed to have a great
deal of money about him. The defendant said he had not intended
to play, but now he would set to with this fellow. He then scraped a
little wax with his finger off one of the candles, and put the dice
together, so that they came seven every way. After doing this, he
dropped them into the box and threw them out, and afterwards
drew all the money away, saying he had won it. Seven was the
main and he could not throw anything but seven. The young
gentleman said he had not given him time to bar. A dispute arose
between the defendant and him; it was referred to two or three
persons round the table, and they gave it in favour of the
defendant. The gentleman said be had lost upward of seventy
pounds. The defendant said: "We have cleared him." The witness
had seen a man pawn his watch and ring, in several instances, and
once he saw a man pawn his coat and go away without it.

After the gaming-table was broken by the Bow Street
officers, the defendant said it was too good a thing to be given up,
and instantly got another table, large enough for twenty or thirty
people. The frequenters of this house used to play till daylight, and
on one or two occasions they played all the next day. This is what
the defendant called "sticking to it rarely." The guests were
furnished with wine and suppers gratis, from the funds of the
partnership, in abundance. Sunday was a grand day. The witness
had seen more than forty people there at a time. The table not
being sufficient for the whole, half-a-crown used on such
occasions to be given for a seat, and those behind looked over the
backs of the others and betted.

The person above mentioned (whose name was Smith) who
pawned his coat corroborated the above evidence; and added that
he had seen a person, after he had lost all his money, throw off his
coat, and go away, losing it also.



ROBERT RAMSEY
Highwayman, and a singular Cheat. Executed at Tyburn on the
13th of June, 1742
THIS offender was born near Grosvenor Square, and apprenticed
to an apothecary, after being liberally educated at Westminster
School. His master's circumstances becoming embarrassed,
Ramsey left him and went into the service of another gentleman of
the same profession.

He then became a professed gamester. The billiard and
hazard tables engrossed his time, and his skill being great he often
stripped his companions; yet the money he thus obtained he
dissipated in the most extravagant manner.

Having made an acquaintance with one Carr, they singled
out a clergyman who frequented the coffee-house they used as a
proper object to impose upon; and having ingratiated themselves
into his good opinion, Ramsey took the opportunity of Carr's
absence to tell the clergyman that he had a secret of the utmost
consequence to impart; and the clergyman having promised
secrecy, the other said that Carr was in love with a young widow,
who was very rich and inclined to marry him, but that the match
was opposed by her relations.

He added that the lady herself was averse to being married
at the Fleet, even if she could escape the vigilance of her relations
so far as to reach that place. The clergyman listening to the story,
Ramsey offered him twenty guineas to marry the young couple,
and it was agreed that the parties should meet at a tavern near the
Royal Exchange on the following day.

Ramsey, having told Carr what had passed, went to the
clergyman the next morning, and, observing that if the lady took
her own footman he might be known, said he would disguise
himself in livery and attend the priest. This being done, a hackney-
coach was called for the clergyman, and, Ramsey getting up
behind it, they drove to the tavern, where rich wines were called
for, of which Ramsey urged the clergyman to drink so freely that
he fell asleep, when Ramsey picked his pocket of his keys.

The gentleman, awaking, inquired for the couple that were
to be married, on which Ramsey, calling for more wine, said he
would go in search of them; but immediately calling a coach he
went to the clergyman's lodgings and, producing the keys, said he 
had been sent by the gentleman for some papers in his cabinet. The
landlady of the house, seeing the keys, permitted him to search for
what he wanted; on which he stole a diamond ring, of the value of
forty pounds, and about a hundred pounds in money, and carried
off some papers.

This being done he returned to the clergyman, said that the
young couple would attend in a short time, and desired him to
order a genteel dinner; but this last injunction was unnecessary, for
the parson had taken previous care of it; and while he was at dinner
Ramsey said he would go and order a diamond and a plain ring,
and would return immediately.

He had not been long absent when a jeweller brought the
rings, which he said were for a baronet and his lady, who were
coming to be married. The clergyman asked him to drink the
healths of the young couple; and just at this juncture Ramsey came
in and told the jeweller that he was instantly wanted at home, but
that he must return without loss of time, as his master's arrival was
immediately expected.

The jeweller was no sooner gone than Ramsey, taking up
the diamond ring, said that he had brought a wrong one, and he
would go back and rectify the mistake. In the interim the jeweller,
finding that he had not been wanted at home, began to suspect that
some undue artifice had been used; on which he hurried to the
tavern, and thought himself happy to find that the parson had not
decamped.

Having privately directed the waiter to procure a constable
he charged the clergyman with defrauding him of the rings. The
other was naturally astonished at such a charge; but the jeweller
insisted on taking him before a magistrate, where he related a tale
that, some days before, those rings had been ordered by a man
whom he supposed to be an accomplice of the person now charged.
But the clergyman, being a man of fair character, sent for some
reputable people to bail him; while the jeweller returned home,
cursing his ill fortune for the trick that had been put on him.

London being an unsafe place for Ramsey longer to reside
in, he went to Chester, where he assumed the name of Johnson,
dressed himself as a physician, and printed and dispersed
handbills, giving an account of many patients whose disorders had
yielded to his skill. By promising to cure the poor without expense,
no person doubted either the character or abilities of Dr Johnson.

A young lady who was troubled with an asthma became
one of his patients; and Ramsey, presuming that she possessed a
good fortune, insinuated himself so far into her good graces that
she would have married him, but that her uncle, in whose hands
her money was, happened to come to Chester at that juncture.

During this situation of affairs, while Ramsey was walking
without the city, he happened to see the clergyman whom he had
so much injured in London; on which he hastily retired to a public-
house in Chester, and sent a person to Park Gate, to inquire when
any ship would sail for Ireland: and the answer brought was that a
vessel would sail that very night.

On receiving this intelligence, Ramsey went and drank tea
with the young lady; and taking the opportunity of her absence
from the room he opened a drawer, whence he took a diamond ring
and fifty guineas out of eighty which were in a bag.

He then went to Dublin, and later came to the metropolis,
where he found his younger brother, who had likewise supported
himself by acts of dishonesty; and the two brothers agreed to act in
concert. Having taken a previous survey of Mr Glyn's house, at the
corner of Hatton Garden, the brothers broke into it in the night, and
carried off a quantity of plate; but, handbills being immediately
circulated, they were taken into custody while offering the plate for
sale to a Jew in Duke's Place. The Lord Mayor, on examining the
prisoners, admitted the younger brother an evidence against the
elder.

At the next sessions at the Old Bailey it was an affecting
scene to behold the one brother giving evidence against the other,
who was capitally convicted and received sentence of death. At the
place of execution Ramsey made an affecting address to the
surrounding multitude; entreating the younger part of the audience
to avoid gaming, as what would infallibly lead to destruction.

After the customary devotions on such melancholy
occasions he was turned off, and the body, having hung the usual
time, was conveyed in a hearse to Giltspur Street, and decently
interred by his friends.


JOHN JENNINGS
Executed at York, in the year 1742, on a charge of robbery, of which he
was innocent.

 THIS unfortunate man was the victim of his master, in order to
screen himself from the vengeance of the law. He was a waiter at the
Bell Inn, near Hull, in Yorkshire, kept by a villain of the name of
James Brunel.

 A robbery, had lately been committed on the highway, on an old
man, a reputed miser; and who, for greater safety, generally carried a
bag of gold about him. The old man, soon after being robbed, casually
went into the Bell; and going up to the bar, saw Brunel, the landlord,
with one of his guineas in his hand, and some shillings, which he was,
paying away to a carrier, which were all marked, so that he could
identify them. He consequently suspected that the landlord was the
robber, and related the circumstance to some other persons in the
house.

 Brunel overheard the conversation, and to secure himself,
instantly formed and executed a design to impute the robbery to his
waiter, Jennings, who had gone early to sleep, in a state of
intoxication. To this wicked end, he went to his bed, and put the
purse, taken from the old man, with the greater part of its contents,
in the unfortunate man's pocket, without waking him; and then coming
down to the company, told them, that he believed he had found the
thief. "I have," continued the villain, "long suspected Jennings, one
of my waiters, and about five hours ago I gave him a guinea to get
changed; he same back in liquor, and returned me a guinea, which I am
sure is not the same which I gave him." He then produced the guinea,
which being marked, was claimed by the old man. It was now proposed
that Jennings should be searched, which was done, and the purse being
found upon him, he was committed, tried, condemned, and executed.

 Brunel, being convicted of another, robbery, confessed these
facts.


ROBERT FULLER
Convicted of shooting Mr Bailey, June Sessions, 1743, and
pardoned because he was wrongly identified

AT the sessions held at the Old Bailey in the month of
May, 1743, Robert Fuller, of Harefield, in Middlesex, was indicted
for shooting at Francis Bailey, with a gun loaded with powder and
small stones, and demanding his money, with intent to rob him.

Mr Bailey deposed that, as he was returning from Uxbridge
Market, he saw a man near Harefield sitting on a stile, having a
gun in his hand; that he jumped off the stile, seized the horse's
bridle, clapped the gun to Mr Bailey's body, and threatened to
shoot him. Mr Bailey said: "That will do you no good, nor me
neither." He then put his hand repeatedly into Bailey's pocket; but
the latter would not submit to be robbed, and rode off. Immediately
on which, Fuller shot at him, and wounded him in the right arm, so
as to break the bone in splinters; and many stones, and bits of the
bone, were afterwards taken out of the arm: nor did the prosecutor
recover of the wound till after languishing nearly twenty weeks.
The prisoner, however, had not an opportunity of robbing Mr
Bailey, as his horse took fright and ran away at the report of the
gun.

The substance of Mr Bailey's further deposition was, that
this happened about seven o'clock in the evening, on the 24th of
February; but that, as it was a clear starlight night, he had a full
view of the prisoner, whom he had known before.

Bailey was now asked if he had ever been examined before
any Justice of the Peace in relation to the fact; to which he
answered in the negative. He was then asked if he had never
charged the crime on any other person except the prisoner, which
he steadily denied having done.

In contradiction to which, a commitment was produced, in
which Thomas Bowry was charged with assaulting Francis Bailey,
with an intent to rob, and this Bowry was continued in custody, on
the affidavit of Mr Mellish, a surgeon, that Mr Bailey was so ill of
the wounds he had received that he could not come to London
without danger of his life, but Bowry was discharged at the jail
delivery at the end of the sessions for June, 1743.

The copy of Bowry's commitment was now read, and
authenticated by Richard Akerman, clerk of the papers to his
father, and then keeper of Newgate.

On this contradictory evidence the characters of both
parties were inquired into, when that of the prosecutor appeared to
be very fair, that of the prisoner rather doubtful.

Upon considering the whole matter, the jury gave a verdict
that he was guilty, but on account of the circumstance above
mentioned, relating to the commitment of Bowry for the same
offence, on Bailey's oath, they recommended the prisoner in the
court as a proper object of the Royal clemency, and he was
accordingly pardoned.

This affair is one ot that intricate nature, which must
remain involved in mystery. It is impossible for us to say whether
the prosecutor was, or was not, mistaken in the man against whom
he swore; but we see that he had sworn the same fact, with equal
positiveness, against Bowry: and this circumstance evinces the
great propriety of the jury recommending the convict to mercy,
where there is even but a bare probability remaining of his
innocence. In doubtful cases we should always incline to the side
of mercy; and it ought to be remembered, to the credit of the court
at the Old Bailey, that this rule is constantly attended to; and it is a
known fact, that persons charged with capital offences have been
frequently heard to declare, that they would rather take their trials
at the Old Bailey, than in any other court in the kingdom.

On this occasion it may not be improper to make a remark
on the immense power that is lodged in the breasts of our judges
who go the circuits. A great deal of this power is discretionary: it
remains with then to reprieve the convict, or to leave him for
execution: an awful trust which makes the possessor of it
accountable to God and his own conscience. We have no idea but
that all the present judges exert their power in the mildest manner:
but times have been, when magistrates have wantonly sported with
their authority, to the destruction of the innocent, and the eternal
disgrace of themselves.

This circumstance should hold forth a lesson of caution,
never to trust the authority of a judge but with a man distinguished
equally by his knowledge, integrity, and humanity.



WILLIAM CHETWYND
A Curious Case of a Schoolboy who killed another Boy during a
Quarrel about a Cake, and was convicted of Manslaughter,
October, 1743

THIS unfortunate young gentleman was placed at the
academy in Soho Square, and at the same school was a youth
named Thomas Rickets, then in the nineteenth year of his age.

At the sessions held in the Old Bailey in October, 1743, the
above-named William Chetwynd, who was fifteen years of age,
was indicted for the murder of Thomas Rickets, and was likewise
indicted on the statute of stabbing.

Mr Chetwynd being in possession of a piece of cake,
Rickets asked him for some of it, on which he gave him a small
piece; but refusing to give him a second, which he desired, he cut
off a piece for himself, and laid it on a bureau, while he went to
lock up the chief part of the cake for his own use. In the interim
Rickets took the cake which had been left on the bureau, and when
Chetwynd returned and demanded it he refused to deliver it; on
which a dispute arose, and Chetwynd, having still in his hand the
knife with which he had cut the cake, wounded the other in the left
side of the belly.

Hannah Humphreys, a servant in the house, coming at that
time into the room, Rickets said that he was stabbed, and
complained much of the pain that he felt from the wound. On
which Humphreys said to Chetwynd: "You have done very well";
to which the latter replied: "If I have hurt him, I am very sorry for
it."

The wounded youth, being carried to bed, languished three
days under the hands of the surgeons, and then expired. In the
interim Chetwynd, terrified at what had happened, quitted the
school; but as soon as he heard of the death of Rickets he went to a
magistrate, to abide the equitable decision of a verdict of his
countrymen; and he was brought to his trial at the time and place
above mentioned.

The counsel on behalf of the prisoner acknowledged the
great candour of the gentlemen who were concerned for the
prosecution, in their not endeavouring to aggravate the
circumstances attending the offence. They also confessed the truth
of all that had been sworn by the witnesses; but they insisted, on
behalf of the accused party, that though his hand might have made
an unhappy blow, his heart was innocent.

The following is the substance of their arguments on the
case: They said that the fact could not amount to murder at
common law, which Lord Coke defines to be "an unlawful killing
another man aforethought," either expressed by the party, or
implied by the law. They said, that in this case, there was not the
least malice, as the young gentlemen were friends, not only at the
time, but to the close of Ricket's life, when he declared that he
forgave the other.

They said, that it being proved that there was a friendship
subsisting, it would be talking against the sense of mankind to say
the law could imply any thing contrary to what was plainly proved.
That deliberation and cruelty of disposition, make the essential
difference between manslaughter and murder; and they quoted
several legal authorities in support of this doctrine.

One of their arguments was urged in the following words:

"Shall the young boy at the bar, who was doing a lawful
act, be said to be guilty of murder? He was rescuing what was his
own: the witnesses have told you, that after he had given Rickets a
piece of cake, Rickets went to him for more; he denied to give it
him, he had a right to keep his cake, and the other had no right to
take it: and he had a right to retake it." There are cases in the books
which make a difference between murder and manslaughter. If a
man takes up a bar of iron, and throws it at another, it is murder:
and the difference in the crime lies between the person's taking it
up, and having it in his hand. Chetwynd had the knife in his hand,
and upon that a provocation ensues, for he did not take the knife
up; if he had, that would have shown an intention to do mischief. It
may be doubted, whether or no when he had this knife in his hand
for a lawful purpose, and in an instant struck the other, he
considered he had the knife in his hand; for if in his passion he
intended to strike with his hand, it is not a striking with the knife.

"At the beginning of the fray, Rickets had a knife in his
hand; and it was one continued act. And another question is,
whether there was not a struggle; here was the cake taken, and in
endeavouring to get it again, this accident happens; at the first
taking of the cake, it is in evidence, that Chetwynd was not forced
to extend his arms, unless the other was coming to take it from
him, and then a struggle is a blow.

"The counsel for the crown, submitted it to the court,
whether (since the only points insisted on by way of defence for
the prisoner, were questions at law, in which the jury were to be
guided by their opinion,) the facts proved and admitted did not
clearly, in the first place, amount to murder at common law; and in
the second place, whether there could be the least doubt in point of
law, but that the case was within the statute of 1 James I.

"Upon the first it was admitted, that to constitute murder
there must be malice.

"But it was argued, that malice was of two kinds, either
expressed and in fact, or implied by law.

"But when one person kills another without provocation, it
is murder, because the law presumes and implies malice from the
act done. And therefore, whenever any person kills another it is
murder, unless some sufficient provocation appear. But it is not
every provocation that extenuates the killing of a man from murder
into manslaughter. A slight or trivial provocation is the same as
none, and is not allowed in law to be any justification or excuse for
the death of another. And therefore no words of reproach or
infamy, whatever provoking circumstances they may be attended
with; no affronting gestures, or deriding postures, however insolent
or malicious, are allowed to be put in balance with the life of a
man, and to extenuate the offence from murder to manslaughter.

"Applying the rules of law to the present case, it was plain,
that the violent act done, bore no proportion to the provocation. All
the provocation given was taking up a piece of cake, which is not
such an offence, as can justify the prisoner's attacking the person
who took it up, with an instrument, that apparently endangered his
life, or rather carried certain death along with it.

"Mr Rickets was stabbed, having then no weapon drawn in
his hand, and not having before struck the person who stabbed
him. It is plainly within the intention; which is declared in the
preamble to have been in order to punish stabbing or killing upon
the sudden, committed in rage, or any other passion of the mind,
&c. and therefore it was submitted to the court, whether upon the
facts proved and not denied, the consequence of the law was not
clear that the prisoner was guilty within both indictments."

Mr Baron Reynolds and Mr Recorder, before whom the
prisoner was tried, taking notice of the points of law that had
arisen, the learned arguments of the counsel, and the many cases
cited upon this occasion, were of opinion that it would be proper to
have the facts found specially.

A special verdict was accordingly agreed on by all parties,
and drawn up in the usual manner -- viz. by giving a true state of
the facts as they appeared in evidence, and concluding thus: "We
find that the deceased was about the age of nineteen, and Mr
Chetwynd about the age of fifteen; and that of this wound the
deceased died on the 29th of the said September; but whether,
upon the whole, the prisoner is guilty of all or any of the said
indictment, the jurors submit to the judgment of the Court."

In consequence of this special verdict the case was argued
before the twelve judges, who deemed Chetwynd to have been
guilty of manslaughter only; whereupon he was set at liberty, after
being burned in the hand.



LYDIA ADLER
Burned in the Hand for killing her Husband, who had four Wives.

THIS woman was tried at the Old Bailey, at the sessions
held in June, 1744, for the wilful murder of her husband, John
Adler, by throwing him on the ground, kicking and stamping on
his groin, and giving him thereby a mortal bruise, of which he
languished in St Bartholomew's Hospital from the 11th till the 23rd
of May, and then died; and she was again indicted on the coroner's
inquest for manslaughter.

Hannah Adler, daughter of the deceased, swore that he told
her that his wife had given him the wounds which afterwards
occasioned his death.

Benjamin Barton deposed that the deceased came to him,
on the 11th of May, with a bloody handkerchief about his head,
and asked him for a spare bed, saying: "This infernal fiend
[meaning his wife] will be the death of me." But Barton, knowing
the woman to be of a very turbulent disposition, refused to lodge
the man. After this he visited him every other day during his
illness, and he very often said: "I wish, Mr Barton, you would be
so good as to get a warrant to secure this woman, for she will be
the death of me"; and two hours before he died he inquired if such
a warrant was procured; and desired that Barton would see her
brought to justice, which he promised he would, if it lay in his
power.

Hannah Adler, being further questioned, said that her father
died between twelve and one o'clock; that about two hours and a
half before he said: "I am a dead man, and this lady [the prisoner]
has killed me." That after this he repeatedly declared that his wife
was the person that had murdered him, and begged that she might
be brought to justice. His last declaration was made only about ten
minutes before he died.

Mr Godman, a surgeon, deposed that the husband died of a
mortification, occasioned by a blow; but acknowledged that the
deceased had a rupture, and that such a blow as he had received
would not have hurt a person in sound health.

The prisoner in her defence said that her husband had two
wives besides her; and that a quarrel happening between her and
one of the wives, the husband endeavoured to part them, and in so
doing fell down, and the other woman fell on him; but that she
herself never lifted hand or foot against him.

Joseph Steel deposed that the deceased had had four wives;
that he was kind to them all at the first, but afterwards used to beat
them severely; and that he had seen the prisoner and her husband
frequently fight together.

The jury gave a verdict of manslaughter; in consequence of
which she was burned in the hand.



PATRICK BOURKE AND GEORGE ELLIS
Executed at Tyburn, 20th of February, 1745, for Sheep-Stealing

BY an Act of Parliament passed in the fourteenth year of
the reign of King George II., for the security of farmers and
graziers, it is thus enacted:

"If any person or persons, after the first day of May, 1741,
shall feloniously drive away or in any manner feloniously steal any
sheep, or shall wilfully kill one or more sheep, with intent to steal
the whole or any part of the carcasses, the person or persons so
offending shall suffer death, without benefit of clergy."

This law denounces the punishment of death to any person
offending against it, and though the crime is frequently committed,
few are executed for sheep-stealing, as the law is seldom put in
force owing to the humanity of the judges or the prosecutors, who
probably consider that the offence is committed in consequence of
the calls of hunger, and dread of starving. The offence of these
men were not however of that description, as they destroyed whole
flocks, in order to get possession of the fat, and deserved as severe
a punishment as any other robbers.

Patrick Bourke and George Ellis were indicted at the
sessions held at the Old Bailey in December, 1744, for killing
fifteen ewe sheep, the property of John Messenger, of Kensington,
with intention to steal part of the carcasses -- to wit, the fat near the
kidneys.

Mr Messenger deposed that he had lost fifteen ewes; that
their throats were cut, their bellies ripped open, and the fat taken
out; and likewise said that he had lost twenty-seven lambs, which
were taken out of those ewes; and he deposed that the prisoners
both confessed the crime before Sir Thomas Devil on the Tuesday
following; and that Bourke acknowledged they sold the fat to a
tallow-chandler, for forty-one shillings and twopence-halfpenny.

Richard Twyford proved the finding the sheep ripped open,
and the fat taken out; and that the lambs were dragging by the sides
of them: and swore that the prisoners had owned the taking the
gates from the farm to pen the sheep up.

Joseph Agnew, a constable, swore that Ellis came to him;
and after having told him of a quarrel between him and Bourke,
who had given him two black eyes, he acknowledged that he had
been concerned with him in the commission of the crime above-
mentioned. Hereupon the constable took with him three watchmen,
and going to Bourke's lodgings, seized him in bed, and found a
clasp-knife, laying on the ground near the feet of the bed, on which
was some fat, which likewise remained when the knife was
produced in court on the trial.

Bourke, in his defence, said that he was kept drunk by the
constable in order to induce him to make a confession, but this not
being credited by the jury, and there being other proofs of the fact
having been acknowledged, they were capitally convicted, and
received sentence of death. They were hanged at Tyburn, on 20th
of February, 1745.

At the summer assizes in 1757, for the county of Lincoln, a
deaf and dumb man, called Matthew Pullen, was indicted for
sheep-stealing. The court ordered a jury to be impanelled, not to
try him for larceny, but to inquire whether he stood mute by the act
of Providence, or through obstinacy. It was proved by his father-in-
law, and some neighbours, that from his infancy he was deaf and
dumb, and the jury therefore brought in their verdict, 'that he stood
mute by the act of God,' and he was discharged in gaol delivery.

There being no punishment for the deaf and dumb, any
more than for those that are proved non compos mentis, the actions
of both ought to be kept under restraint. This deaf and dumb sheep-
stealer, must certainly have been conscious that he was doing
wrong when he stole his neighbour's sheep, and it seems
unreasonable that he should escape without some punishment, as
such a precedent may prove very injurious in its consequences, for
it implies that any person who is deaf and dumb is at liberty to
steal sheep with impunity.



MARTHA TRACY
Executed for a Street Robbery

THE melancholy fate of this unfortunate woman is another
instance of the misery occasioned by that licentiousness, which is
of all vices the most destructive of the happiness of females, and so
disgraceful to the British metropolis.

This much injured woman was a native of Bristol, and
descended from poor parents, who educated her in the best manner
in their power. Getting a place in the service of a merchant when
she was sixteen years of age, she lived with him three years, and
then came to London.

Having procured a place in a house where lodgings were let
to single gentlemen, and being a girl of an elegant appearance, and
fond of dress, she was liable to a variety of temptations.

Her vanity being even more than equal to her beauty, she at
length conceived that she had made a conquest of one of the
gentlemen-lodgers, and was foolish enough to think he would
marry her.

With a view of keeping alive the passion she thought she
had inspired, she sought every pretence of going into his chamber;
and he, having some designs against her virtue, purchased her
some new clothes, in which she went to church on the following
Sunday, where she was observed by her mistress.

On their return from church, the mistress strictly inquired
how she came to be possessed of such fine clothes; and, having
learnt the real state of the case, she was discharged from her
service on the Monday morning.

As she still thought the gentleman intended marriage, she
wrote to him, desiring he would meet her at a public-house; and,
on his attending, she wept incessantly, and complained of the
treatment she had met with from her mistress, which she attributed
to the presents she had received from him.

The seducer advised her to calm her spirits, and go into
lodgings, which he would immediately provide for her, and here he
could securely visit her till the marriage should take place.

Deluded by this artifice, she went that day to lodge at a
house in the Strand, which he said was kept by a lady who was
related to him. In this place he visited her on the following, and
several successive days; attending her to public places, and making
her presents of elegant clothes, which effectually flattered her
vanity, and lulled asleep the small remains of her virtue.

It is needless to say that her ruin followed. After a
connexion of a few months, she found him less frequent in his
visits; and, informing him that she was with child, demanded that
he would make good his promise of marriage: on which he
declared that he had never intended to marry her, and that he
would not maintain her any longer; and hinted that she should seek
another lodging.

On the following day the mistress of the house told her she
must not remain there any longer, unless she would pay for her
lodgings in advance, which being unable to do, or, perhaps,
unwilling to remain in a house where she had been so unworthily
treated, she packed up her effects, and removed to another lodging.

When she was brought to bed, the father took away the
infant, and left the wretched mother in a very distressed situation.
Having subsisted for some time by pawning her clothes, she was at
length so reduced as to listen to the advice of a woman of the town,
who persuaded her to procure a subsistence by the casual wages of
prostitution.

Having embarked in the horrid course of life, she soon
became a common street-walker, and experienced all those
calamities incident to so deplorable a situation. Being sometimes
tempted to pick pockets for a subsistence, she became an
occasional visitor at Bridewell, where her mind grew only the
more corrupt by the conversation of the abandoned wretches
confined in that place.

We now come to speak of the fact, the commission of
which forfeited her life to the violated laws of her country.

At the sessions held at the Old Bailey, in the month of
January, 1745, she was indicted for robbing William Humphreys
of a guinea on the king's highway.

The fact was, that being passing, at midnight, near
Northumberland House, in the Strand, she accosted Mr
Humphreys, who declining to hold any correspondence with her,
two fellows with whom she was connected came up, and one of
them knocking him down, they both ran away; when she robbed
him of a guinea, which she concealed in her mouth; but Mr
Humphreys seizing her, and two persons coming up, she was
conducted to the watch-house, where the guinea was found in her
mouth, as above mentioned, by the constable of the night.

At her trial it was proved that she had called the men, one
of whom knocked down the prosecutor; so that there could be no
doubt of her being an accomplice with them; whereupon the jury
brought her in guilty.

After conviction she appeared to have a proper idea of her
former guilt, and the horrors of her present situation. In fact she
was a sincere penitent, and lamented that pride of heart which had
first seduced her to destruction.

Martha Tracy was hanged at Tyburn, on the 16th of
February, 1745, behaving with the greatest decency and propriety
to the last moment of her life.

The fate of this woman affords a striking lesson to girls
against the taking pride in those personal charms which, the more
brilliant they are, will be only the more likely to lead them to
destruction. The idea she had formed of making a conquest of a
man in a rank of life superior to her own served only to assist
towards her ruin; but we cannot help thinking that he who could be
base enough to seduce her under solemn promises of marriage was
still more guilty than herself, and in some degree an accessory to
all the crimes she afterwards committed.

It seems strangely unnatural that the father should take
away the child, and leave the mother to perish, or to subsist only in
a most infamous manner, for which she had been qualified by the
gratification of his passions!

In the gay hours of festivity men may triumph in the
advantages they have gained over women in their unguarded
moments; but surely reflection must come, with all her attendant
train of horrors. Conscience will assert her rights; and the misery
the wicked seducer suffers in this life he ought to consider only as
a prelude to the more aggravated torments he has to expect in the
next.

If any one of the readers of this narrative has been guilty of
the enormous crime we are now reprobating, it will become him to
think seriously of the great work of reformation; and to repent, in
the most unfeigned manner, while Providence yet permits him the
opportunity of repentance. It ought to be remembered by offenders
of every class, that the God of mercy is also a God of justice.



MATTHEW HENDERSON
Executed in Oxford Street, 25th of February, 1746, for murdering
his Mistress, Lady Dalrymple, who was angry because he trod on
her Toe.

THIS offender was born at North Berwick, in Scotland,
where he was educated in the liberal manner customary in that
country.

Sir Hugh Dalrymple, being a Member of the British
Parliament, took Henderson into his service when fourteen years of
age, and brought him to London. Before he was nineteen years old
he married one of his master's maids; but Sir Hugh, who had a
great regard for him, did not dismiss him, though he was greatly
chagrined at this circumstance.

Some few days before the commission of the murder, Sir
Hugh, having occasion to go out of town for a month, summoned
Henderson to assist in dressing him; and, while he was thus
employed, Sir Hugh's lady going into the room, the servant
casually trod on her toe. She said not a word on the occasion, but
looked at him with a degree of rage that made him extremely
uneasy.

When Sir Hugh had taken his leave she demanded of
Henderson why he had trod on her toe; in answer to which he
made many apologies, and ascribed the circumstance to mere
accident; but she gave him a blow on the ear, and declared that she
would dismiss him from her service.

Henderson said it would be unnecessary to turn him away,
for he would go without compulsion; but, reflecting that her
passion would soon subside, he continued in his place, and was
used with as much kindness as if the accident had not taken place.

Offended by the insult that had been offered him,
Henderson began to consider how he should be revenged and at
length came to the fatal resolution of murdering his mistress.

For the particulars of this barbarous deed we refer to his
confession in Newgate, taken in writing by the ordinary, the day
before his execution.

He said his mother had been dead several years, which he
mentioned with satisfaction because, as she loved him tenderly, he
believed this affair would certainly have broken her heart.

He had lived with his master five years -- about three years
in Scotland and two years in London -- and declared no servant
could be better used than he was, and that he never had the least
dislike to the deceased, for that she was a lady of great humanity,
and greatly respected by all her servants; and his master a most
worthy gentleman. One night Mary Platt, the maid-servant, told
him she would go and see her husband, and he said she might do as
she pleased. She went, and took the key to let herself in again. He
shut the door after her, and went and cleaned some plate in the
kitchen. From thence he went up into the back-parlour, where he
used to lie, and let down his bed, in order to go to sleep. He pulled
off his shoes, and tied up his hair with his garter, and that moment
the thought came into his head to kill his lady. He went downstairs
into the kitchen, took a small iron cleaver, and went up to the first
landing-place on the stairs, and after tarrying a minute or two came
down, shocked at the crime he was about to perpetrate. He went up
again as far as the first window, and the watchman was going --
"past twelve o'clock." After the watchman had passed the door, he
entered the room a second time, went to the bedside, undrew the
curtains, and found she was fast asleep. He went twice from the
bed to the door in great perplexity of mind, the deceased being still
asleep. He continued in great agonies, but soon felt where she lay,
and made twelve or fourteen motions with the cleaver before he
struck her. He repeated his blows, and in struggling she fell out of
bed next the window, and then he thought it was time to put her
out of her misery, and struck her with all his might as she lay on
the floor.

He then went into his bedchamber again, and sat down on
his bed for about ten minutes, when it came into his head to rob the
house. He again went into the deceased's bed-chamber, and took
her pockets as they were hanging on the chair, and took a gold
watch and two diamond rings out of the drawers, with several other
things.

He was executed in Oxford Street, on 25th February, 1746.



MARY HAMILTON
A Woman who was imprisoned and whipped for marrying
Fourteen Women, 1746

POLYGAMY, or a man marrying two or more wives --
and, vice versa, a woman marrying two or more husbands -- is a
crime frequently committed; but a woman marrying a woman
according to the rites of the Established Church is something
strange and unnatural. Yet did this woman, under the outward garb
of a man, marry fourteen of her own sex!

At the Quarter Sessions held at Taunton, in Somersetshire,
this woman was brought before the Court; but under what specific
charge, or upon what penal statute she was indicted, we can neither
trace by the mention of the circumstance, nor could we frame an
indictment to meet the gross offence, because the law never
contemplated a marriage among women. She was, however, tried,
whether or not her case might have been cognisable, and Mary
Price, the fourteenth wife, appeared in evidence (in such a case as
this we must be pardoned for ambiguity) against her female
husband.

She swore that she was lawfully married to the prisoner,
and that they bedded and lived together as man and wife for more
than a quarter of a year; during all which time, so well did the
impostor assume the character of man, she still actually believed
she had married a fellow-creature of the right and proper sex.

The learned quorum of justices thus delivered their verdict:
"That the he or she prisoner at the bar is an uncommon, notorious
cheat, and we, the Court, do sentence her, or him, whichever he or
she may be, to be imprisoned six months, and during that time to
be whipped in the towns of Taunton, Glastonbury, Wells and
Shepton Mallet, and to find security for good behaviour as long as
they, the learned justices aforesaid, shall or may, in their wisdom
and judgment, require." And Mary, the monopoliser of her own
sex, was imprisoned and whipped accordingly, in the severity of
the winter of the year 1746.


THE SECOND REBELLION OF THE PRETENDER TO THE BRITISH THRONE
in the year 1745.

"Whatever private views and passions plead,
NO cause can justify so black a deed;
These, when the angry 'tempest clouds the soul,
May darken reason, and her course controul;
But when the prospect clears, her startled eye
Must, from the treacherous gulph, with horror fly,
On whose wide wave, by stormy passions tost,
So many hapless wretches have been lost. 
Then be this truth the star by which we steer,
Above ourselves, our COUNTRY should be dear."
 THOMSON.

 THE same pretext used to foment a discontent to the reigning
family, and to set up the standard of the House of Stuart, again burst
forth at this period of time, with a much more serious aspect than the
rebellion of 171 5. Having already given an account of the rise and
quelling of that public revolt, to which we again refer our reader, we
shall proceed to a more ample history of that, now before us -- the
most remarkable circumstance that had happened for some centuries.

 When England was now attacked, by the disaffected Scotchmen, she
was involved in an expensive war with her ancient enemy, France. Her
armies were fighting under the Duke of Cumberland, in Germany, and her
fleets sufficiently employed in watching the motions of their enemy.
King George, tho' then seated on the English throne, in one part of
this war, in person commanded his army, and won the celebrated battle
of Dettington, where he evinced much personal courage. When the
rebellion broke out in Scotland, the King was on a visit to his
dominions in Hanover.

 The French, being at war, with Britain, thought the time
favourable to wound its internal peace, by espousing the cause of the
Pretender. Not that they cared about him or his pretence to the crown,
but he appeared an excellent instrument for that purpose. The very same
policy they adopted when Britain was at war with her rebellious
colonies in America. The French assisted them, not from affection, but
through them to wound the crown, under which they had been fostered for
so many years.

 That government was not apprised of the preparations making to
assist the Pretender, is evident from the King's speech on the 2d of
May, 1745, the very time, they were going on, wherein he informs his
parliament, "that the posture of affairs abroad had received a very
considerable alteration, to the advantage of the common cause, and that
thereby the influence of France was much weakened and diminished, and a
way opened to restore that strength and power to our ancient and
natural allies, which would tend greatly to the re-establishment and
security of the balance of Europe." On the 10th, the King, having
placed the government of the nation in the hands of John, Lord
Archbishop of Canterbury, and nineteen other Privy Counsellors, he 
embarked at Harwich, on a visit to Hanover.

 The first notice which the British public had of the, proceedings
of the, Pretender, was from a paragraph in the General Evening Post,
which said, "The Pretender's eldest son put to sea, July 14, from
France, in an armed ship of sixty guns, provided with a large quantity
of war-like stores, together with a frigate of thirty guns, and a
number of smaller armed vessels, in order to land in Scotland, where he
expected to find twenty thousand men in arms, to make good his,
pretensions to the crown of Great Britain. He was to be joined by five
ships of the line from Brest, and 4,500 Spaniards were embarking at
Ferrol."

 Through different channels this news was confirmed, and the
nation thrown into the utmost alarm. King George II. on being apprised
of it, instantly prepared to return, and arrived in London on the 31st
of August, amid the acclamations of his loyal subjects, and a discharge
of artillery. The Park and Tower guns had fired only a week before, on
the taking of Cape Breton.

 The Pretender, followed by about fifty Scotch and Irish
adventurers, came incog. through Normandy, and on the 18th of July
embarked on board a ship of war of 18 guns, which was joined off
Belleisle by the Elizabeth and other ships. They intended to have
sailed north about, and land in Scotland. On the 20th they came up with
an English fleet of merchant vessels, under convoy of the Lion man of
war, of 58 guns, commanded by Captain Brett, who immediately bore down
upon the French line-of-battle ship, which he engaged within pistol
shot five hours, and was constantly annoyed by the smaller ships of the
enemy. The rigging of the Lion was cut to pieces; her mizen-mast,
mizen-top-mast, main-yard, and foretop-sail, were shot away; all her
lower-masts and top-masts shot through in many places, so that she lay
muzzled in the sea, and could do nothing with her sails. Thus situated,
the French ships sheered off, and the Lion could make no effort to
follow them. Captain Brett had forty-five men killed; himself, all his
lieutenants, the master, several midshipmen, and one hundred and seven
foremast men wounded. His principal antagonist, the Elizabeth; with
difficulty got back to Brest, quite disabled, and had sixty-four men
killed, one hundred and thirty-nine dangerously wounded, and a number
more slightly. She had on board 400,000l. sterling, and arms and
ammunition for several thousand men.

 The French court, the expedition thus miscarrying, pretended
ignorance of the circumstance.

 Meanwhile, the Camerons, the Macdonalds, and many other clans,
were in arms, in expectation of their friends from France. They came
down into. the low-lands in parties, and carried off, by force, many
men to fill their ranks, and committed various disorders.

 The Pretender having embarked in another ship, again sailed from
France, and eluded the English cruisers, so as to give him an
opportunity of landing, which he effected with his followers, on the
Isle of Sky, opposite to Lochaber, in the county of Inverness, about
the end of. the, month of July, and took up his residence at the house
of a Papist priest, with whom he remained three weeks, while his
emissaries were raising men for his service. At length at the head of
about two thousand he began his, march-under a standard, on which was
the motto "TANDEM TRIUMPHANS." -- "At length triumphant."

 The rebels now marched towards Fort William, where the Pretender
published a manifesto, which his father had signed at Rome; containing
abundant promises to such as would adhere to his cause; two of which
were a dissolution of the union between the two kingdoms, and a payment
of the national debt.

 This circumstance induced many of the ignorant country people to
flock to his standard, till at length his undisciplined rabble began to
assume the appearance of an army, which struck terror to the well-
affected wherever it came.

 These transactions, however, had not passed so secretly, but that
the governor of Fort William informed the Lord Justice Clerk of
Edinburgh of all he could learn of the. affair; on which the latter
dispatched an express to the north, ordering the assistance of all
officers, civil and military; and this express arrived about the time
the Pretender erected his standard.

 The Governor of Fort William having received these orders,
dispatched two companies of St. Clair's and Murray's regiments of foot,
to oppose the rebels. They were attacked by a far superior number of
Highlanders, which they contended against, until they fired away all
their ammunition; after which they were attacked in front, flank, and
rear, and near half their number killed, before they surrendered.
Captain Scott, their brave commander, was wounded; but the rebels gave
him and his remaining officers their parole of honour; the private
soldiers were sent to prison.

 In the interim the Lord Justice Clerk ordered Sir John Cope,
commander in chief of the forces in the South Scotland, to march
against the rebels; but in making the circuit of the immense mountains
of Argyleshire, the two armies failed to meet; on which Sir John went
to Inverness, to refresh his troops after the fatigue of the March.

 The armies having thus casually missed each other, the rebels
proceeded to Perth, and having taken possession of that place, the
Pretender issued his orders for all persons who were in possession of
public money, to pay it into the hands of his secretary, whose receipts
should be a full acquittal for the same.

 The rebel numbers had now greatly increased, and in September the
Pretender issued a proclamation. The provost and magistrates left the
city, and others were immediately appointed in their room. Here the
rebels were joined by the Duke of Perth, Lord George Murray, Lord
Nairn, the Hon. William Murray, Messrs. Oliphant, father and son, of
Gask, George Kelly, Esq. who, with the late bishop of Rochester, was
committed to the Tower, and thence escaped, and several other Scotch
gentlemen of influence, with their followers, making a formidable army.

 The official papers distributed began thus: "Charles, Prince of
Wales, and Regent of Scotland, England, France, and Ireland, and of the
Dominions thereto belonging."

 In the mean time general Cope sent from Inverness an express to
Aberdeen, for the transport Vessels in that harbour to be ready to
receive his troops; and embarking on the 18th of September, he
disembarked them at Dunbar.

 During these transactions General Quest, who commanded the castle
of Edinburgh, gave the magistrates of that city several pieces of
cannon for the defence of the place; and Colonel James Gardiner
repaired from Stirling to Edinburgh, with two regiments of dragoons;
but learning that General Cope had landed at Dunbar, which is twenty-
seven Miles east of Edinburgh, he proceeded lo effect a junction with
that general.

 On the 7th another party of rebels took possession of the town of
Dundee, proclaimed the Pretender, searched for arms, and levied money
on the inhabitants, giving receipts for the same. They seized a ship,
and steered her to Perth, supposing there was gunpowder on board. On
the 11th they left Perth, and marched that day to Dunblaine, twenty
miles; the next day only two, to Down. They crossed the Forth at the
fords of Frews, on the 13th, General Blakeney having destroyed the
bridge; and directed their march towards Glasgow; but the next day they
turned to the eastward, and marched by Falkirk to Cullington, four
miles from Edinburgh.

EDINBURGH TAKEN BY SURPRISE.

 The following day the Pretender proceeded through the royal park,
and took possession of Holyrood-House. The money in the bank of
Edinburgh, and the records in the public offices, were now removed to
the castle for security, and the gates of the city were kept fast
during the whole day; but five hundred of the rebels having concealed
themselves in the suburbs, took an opportunity, at four o'clock the 
next morning, to follow a  coach which was going in and seizing the
gate called the Netherbow, they maintained their ground while, the body
reached the centre of the city, and formed themselves in the Parliament
Close.

 Thus possessed of the capital, they seized two thousand stand of
arms, and, on the following day, marched to oppose the Royal army,
under the command of General Cope; and the two armies being within
sight of each other, near Preston Pans, on the evening of the 20th,
Colonel Gardiner earnestly recommended it to the general to attack them
during the night; but deaf to this advice he kept the men under arms,
till morning, though they were already greatly harassed.

 At five in the morning the rebels made a furious attack on the
royal army, and threw them into unspeakable confusion, by two regiments
of dragoons falling back on the foot. Colonel Gardiner, with 400 foot,
behaved with uncommon valour, and covered the retreat of those who
fled, but the colonel receiving a mortal wound, the rebels made
prisoners of the rest of the King's troops.

 The following account of this disaster was issued. from
Whitehall, London:

 "By an express arrived this morning, we are informed that Sir
John Cope, with the troops under his command, were attacked by the
rebels on the 21st instant, at day break, at Preston, near Seaton,
seven miles from Edinburgh; that the King's troops were defeated, and
that Sir John Cope, with about four hundred and fifty dragoons, had
retired to Lauder; Brigadier Fawkes and Colonel Lascelles, had got to
Lauder. The Earls of Loudon and Hume were at Dundee, with Sir John
Cope."

 The loss sustained by the King's troops was,
Killed
300
Wounded
450
Taken
prisoners
520
Total
1270

 The rebels did not lose more than fifty men.

 Flushed with this partial victory, the rebels returned in high
spirits to Edinburgh. They now sent foraging parties through the
country, with orders to seize all the horses and waggons they could
find: and, in the interim, a party of the insurgents attempted to throw
up an intrenchment on the castle-hill. Hereupon the governor,
necessitated to oppose the assailants, yet anxious for the safety of
the inhabitants, sent a messenger in the night, to intimate to those
who lived near the castle-hill, that they would do well to remove out
of danger.

 As soon as it was day-light, the battery of the rebels was
destroyed by a discharge of the great cannon from the half-moon, and
thirty of them killed, with three of the inhabitants, who had rashly
ventured near the spot.

 The governor being greatly deficient in provisions, a gentleman
ordered above 50 fine bullocks to be driven into the city on a pretence
that they were for the use of the rebels; and the person who drove them
leaving them on the castle-hill, the governor and five hundred men
sallied forth and drove them in at the gate, while the rebels played
their artillery with unremitting fury.

 While the rebels continued in Edinburgh, which was about seven
weeks, some noblemen and their adherents joined them; so that their
army amounted to almost ten thousand men, They now levied large
contributions; not only in Edinburgh, but through the adjacent country;
and those who furnished them received receipts, signed,

 "CHARLES, Prince Regent."

 The officers taken at the battle of Preston, were admitted to
their parole, but the privates were ill treated. Their allowance-was
only three-halfpence each per day, and their prison filthy, and 
destitute of accommodations. This was practised in order to cause them
to enlist under the banner of the Pretender and they were tampered
with, promised the best treatment, new clothing, and five guineas per
man, on their "taking St. James's Palace." One hundred and twenty,
oppressed by hunger, and tempted by allurement, were not able to
withstand either the calls or the temptation, and turned rebels and
papists: thus forfeiting their honour and their lives. It is curious to
remark, that not a man of these apostate traitors survived their newly
adopted cause, for such as were not killed in the various engagements
which took place before the rebellion could be quelled, fell into the
hands of their injured countrymen, who hanged them all on the gallows;
and thus let every traitor perish!

 About this time some ships from France arrived in the Forth,
laden with ammunition; and a person who attended the Pretender was
dignified with the title of ambassador from his most Christian Majesty.

 General Wade had now the command of some forces which had reached
Yorkshire; and some Dutch troops being sent to augment his forces, he
marched to Newcastle, with a view to deter the rebels from entering the
southern part of the kingdom.

 That celebrated prelate, the late Dr. Herring, archbishop of
York, distinguished himself gloriously on this interesting occasion.
Joining with the high sheriff to assemble the freeholders, the
archbishop preached an animated sermon to them; and then the several
parties agreed to assist each other in support of their civil and
religious rights. Many people in Yorkshire were prevented from engaging
in the rebellion by this spirited and well-timed conduct.

 The Lord President Forbes, and the Earl of Loudon, acted in a
manner equally zealous in Scotland. Having collected a number of the
loyal Highlanders into a body, many others who would have joined the
rebels were thereby deterred; and this proceeding proved of the most
essential service towards the suppression of the rebellion.

 The rebels quitted Edinburgh in the beginning of November,
marched to Dalkeith where they encamped; and a report was circulated
that they proposed to make an attack on Lerwick; but this was only a
contrivance to conceal their real designs.

 In the mean time more than a thousand of the rebels deserted, in
consequence of General Wade's publishing a pardon to such as would
return to their duty as good subjects, within a limited time. Still,
however, they had above eight thousand men able to bear arms; yet
General Wade would have marched to attack them, but that his soldiers
were ill of the flux, owing to the severity of the season, and the
fatigues they had undergone.

THE CITY OF CARLISLE BESIEGED AND TAKEN.

 Emboldened by success, and their force increased, the rebels now
determined to penetrate into England. On Saturday, the 9th of October,
about three o'clock in the afternoon, the inhabitants of that ancient
city were thrown into the greatest alarm, at seeing a body of them on
Stanwix-bank, within a quarter of a mile of them; and it being market-
day there, they mixed with the country people returning home, so that
it was not possible for the garrison to fire upon their for some time,
without risque of injuring their neighbours along with their enemies;
but in less than half an hour the country people dispersed themselves,
and then the garrison of the castle fired a ten-gun battery upon them,
which, it is believed, killed several; then, night coming on, they
retreated to a greater distance from the city and the garrison stood
all the night under arms.. At two in the morning a thick fog came on,
which remained till twelve that day, when it cleared up for about an
hour, and. then the garrison discovered the rebels approaching to
attack the city in three several ways, one at Stanwix-bank, commanded
by the Duke of Perth; another at Shading-gate-lane, commanded by the
Marquis of Tullibardine, who also had the artillery; and the third in
Blackwell-fields, where the Pretender commanded the rest of their body
facing the English-gate. Upon discovering these three parties
approaching so near to the city, the garrison fired upon them, viz. the
four-gun battery upon the Marquis of Tullibardine; who was heard to
say, "Gentlemen, we have not meta! for them, retreat;" which they
immediately did; and disappeared. The turret guns and the citadel guns
were: fired upon the Pretender's division, where the white flag was
displayed, which was seen to fall; about the same time the ten-gun
battery was fired upon the Duke of Perth's division, who also retired.
Then the thick fog struck in again, and all the inhabitants of the city
expected nothing but that a general assault would be made by the
rebels, against which the walls were well lined with men; and Sir
John.Pennington; Dr. Waugh, Chancellor Humphry Senhouse, Joseph Daire
Ralston; of Acron-bank, esquires, with several other gentlemen of note;
were all night under arms, to encourage and assist them. The militia
was also drawn up at the foot of Castle-street, to be ready in case of
a forcible attack, to relieve and reinforce the men upon the walls. On
Monday Morning, the fog still continuing thick, the garrison could not
observe the situation of the rebels, but heard their pipers playing not
far from the English-gate. About ten o'clock a man was let down from
the city walls, to reconnoitre the enemy; and he found they were
retiring towards Warwick bridge. In the afternoon other spies were
likewise detached to observe their motions, and discovered a great
number remaining about Warwick-bridge; but the Pretender, with his
guard and attendants, were advanced to Brampton; where they lodged
themselves that night; and on Tuesday they lay idle from all action,
except feats of rapine and plunder; for they spent the day in hunting
and destroying the sheep of Lord Carlisle's tenants, and bearing off
the country people's geese, and other poultry, They also seized upon
all the horses they could lay hands on, without any question relating
to value or property notwithstanding they declared the design of their
expedition was to redress grievances, and correct abuses. Tuesday night
the rebels slept quietly. On Wednesday morning about ten o'clock they
displayed the white flag at Warwick-bridge-end, to which they were
about three hours in repairing. About one o'clock the young Pretender,
attended by Lord George Murray, the Duke of Perth, and several others,
besides those called his guard, came to them; upon which they formed
themselves, and. began to march again to Carlisle, in the following
order, first, two (named Hussars) in Highland dresses, and high rough
red caps, like pioneers: next, about half a dozen of the chief leaders,
followed by a kettle-drum; then the. Pretender's son, at the head of
about 110 horse, called his guards, two and two a-breast; after these a
confused multitude of all sorts of mean people to the number, as was
supposed, of about six thousand.. In this order they advanced to the
height of Warwick-moor; where they halted about half an hour, and took
an attentive view of the city; from thence the foot took the lead, and
so marched to Carlisle about three in the afternoon, when they began a
fresh assault, and the city renewed their fire. On Thursday it was
discovered that the rebels had thrown up a trench, which intimidated
the town, and in a consultation it was resolved to capitulate, a
deputation was sent to the Pretender, at Brampton, and the town and
castle were delivered up on Friday morning.

 During this progress and success of the rebels, the English
government were not waiting the event of a battle, without making every
effort to entirely quell the rebellion. The city of London addressed
the king, in terms of great loyalty, and offered contributions for that
purpose. The example of the metropolis was followed by almost every
corporate body in the kingdom. The flower of the English army, as we
have already observed, was in Germany; had they, instead of the new
levies then engaged, fought at Preston, the issue of that battle would
most likely have terminated the rebellion.

 The King now thought fit to send for his son the Duke of
Cumberland, to command against the rebels; and with him eight
battalions and nine squadrons returned, from fighting foreign foes, to
quell a civil war at home. On his arrival he immediately took the
command; and soon followed his veteran troops towards the north. He
arrived in Staffordshire, at the time when the rebels had penetrated as
far as the town of Derby.

 Both houses of parliament now assembled, a bill was passed for
suspending the habeas corpus act for six months: by which the King was,
for that period, empowered to seize all suspected persons, and commit
them to prison, without specifying the reason of such Commitment.
[Note: The right of the writ of habeas corpus is one of the most
valuable privileges of an Englishman. By virtue of it the body cannot
be detained without shewing cause to the Court of King's Bench. It
guards us from oppressions, and is productive of many advantages in the
security of our rights and liberties. Hence its suspension is not
trusted to the King himself, except upon the most urgent necessity,
such as an invasion, rebellion, or insurrection.]

 The effects of this act were the apprehension and commitment of
many suspected persons in both kingdoms; but it did not appear to stop
the progress of the rebellion.

 The duke now expected a junction of the forces under General
Wade, who had marched from Newcastle to Darlington, and taking a
westward course, had stationed his troops near Wetherby. The rebels
having advice of this motion, it was proposed by some of them to march
into North Wales; but others opposed this on the presumption, that they
should then be surrounded by the royal army, and compelled to surrender
themselves prisoners at discretion, as they would have no opportunity
of retreating into Scotland. They therefore determined to push their
cause to the very utmost; and for this purpose advanced by more rapid
Marches to the southward; than the king's troops could have endured,
until they actually penetrated into the very heart and centre of
England.

 Liverpool was not behind London in spirit and loyalty. The
inhabitants contributed largely in assisting the royal army at this
inclement season, with warm clothing, and raised several companies of
armed men, which were called the Royal Liverpool Blues. Some of the
advanced parties of rebels having appeared in sight of the town, every,
preparation was made to resist them. Finding at length that the
pretender bent his march by another route for Manchester, the Liverpool
Blues marched in order to destroy the brides, and thereby impede their
progress, This service they effected,, breaking them down at
Warrington, over the river Mersey, as far as Stockport. They seized two
of the rebels, whom they handcuffed and, sent to Chester Gaol.

 Notwithstanding these impediments, the rebels crossed the Mersey,
at different fords, through which the Pretender waded breast high in
water. Their numbers could not be accurately ascertained, their march
being straggling and unequal, but about 9000 appeared the aggregate.
Their train of artillery, consisted of sixteen field-pieces of three
and four-pound shot, two carriages of gunpowder, a number of covered
waggons, and about 109 horses laden with ammunition. Their vanguard
consisted of about 200 cavalry, badly mounted, the horses appearing
poor and jaded.

 On entering the town of Macclesfield, they ordered the usual
bellman to go round and, give notice, that billets must forthwith be
ready for 5,000 men, their first division, on pain of military
execution. The Pretender himself constantly marched on foot, at the
head of two regiments, one of which was appropriated as his body-guard.
His dress was a light plaid, belted about with a sash of blue silk; he
wore a grey wig, with a blue bonnet and a white rose in it. He appeared
very dejected at this time. His followers were ordinary, except the two
regiments mentioned, which appeared to have been, picked, out of the
whole, to form them. The arms of the others were very  indifferent.
Some had guns, others only pistols, the remainder broad swords and
targets. They committed various depredations in their progress, seizing
all the horses, and plundering the houses and the farm-yards.

 In this manner they proceeded to Derby. At Manchester, where they
raised a regiment, it was apprehended, and not without reason, that
they might have reached the Metropolis, the duke not being fully
prepared, or by their retrograde motions might have missed them, as
happened in  the outset with Sir John Cope in the mountains of
Arglyeshire. Though we cannot consistently with the plan of our work,
occupy many more pages, yet, on a subject like this, so highly
important at the time it occurred, and new to a great portion of our
readers, a description of the behaviour of this rebellious faction in
Manchester and Derby, with the panic which seized them, and their
flight back to Scotland, cannot be unacceptable.

 On the 28th of November, an advanced party of rebels entered
Manchester, immediately beat up for volunteers, and enlisted several
papists and nonjurors, to whom they promised five guineas each, but
gave them little more than white cockades, and what they called
enlisting money. They then ordered quarters to be prepared for 10,000
men. Upon the arrival of the main body, a detachment examined the best
houses, fixed on one for the Pretender, and others for the principal
officers. They ordered the bellman to go round the town, and give
notice to all persons belonging to the excise, innkeepers, &c.
forthwith to appear, and bring their acquittances and rolls,  and all
the ready cash they had in their hands, belonging to government, on
pain of military execution.

 The Pretender was then proclaimed king Of England, and the
terrified inhabitants were ordered to illuminate their houses.

 In order to deceive the Duke of Cumberland, whose army was
augmenting in Staffordshire, sometimes they gave out that their route
was for Chester; then to Knutsford, Middlewich, and Nantwich; at other
times they pretended they were going. into Wales. The Duke, however,
took those measures which could not fail checking their progress,
should they push for London, which now was greatly apprehended; and in
short, the whole nation was in the utmost consternation. He
concentrated the troops near Northampton, a position which the rebels
could not pass by the direct road, without risking a battle. It was
still apprehended that by forced marches, and by advancing with great
rapidity, they meant to avoid the Duke by a circuitous route through
Derbyshire and Nottinghamshire. Fortunately they trifled away much time
in raising the regiments, a proposition of a Mr. Townley, who was
appointed the colonel, and afterwards taken prisoner at Carlisle, for
which, among many others he was hanged, as we shall hereafter describe.

 These daring traitors had despoiled the country as far as Derby,
before they were aware of the danger they incurred to themselves. Here
they found that the duke was waiting their further progress,
advantageously posted, and in force, which they appeared unwilling to
engage with. They had actually left Derby, and taken the road to
London, when, it was evident, a panic overcame them; for they had
barely measured a mile when they halted; held a consultation, wheeled
round, and retraced their steps to Derby. On their second visit to this
already oppressed town, they levied contributions to a large amount,
and threatened destruction to, it, unless instantly complied with. They
took what was hastily brought them, meanly plundered whatever fell in
their way, and departed sullen and dejected.

 From this moment they sought to regain Scotland, and by forced
marches the duke pursued them. However oppressive their conduct in
advancing, they committed murder and wanton mischief, and seized
whatever they could carry off in their retreat. The rebels in arms in
Scotland had, before this, been joined by some French troops, the
commander of which declared, that he invaded the British dominions in
the name of, and for, his master Louis XV.

 It is high time in our summary of this very remarkable epoch of
the British history, which might fill an interesting volume, to take a
view of. the proceedings of the gallant Duke of Cumberland. On the 6th
he was at Coventry; with horse, and the infantry encamped upon Meriden
Common where they received the warm clothing subscribed for in London,
Liverpool, and other towns. On the 9th he pushed on at the head of the
cavalry, and a thousand fresh, volunteers, mounted in pursuit of the
rebels, with a view to skirmish with, them until the foot came up, but
they fled at their utmost speed, through Ashbourn, Leek, Macclesfield,
Manchester, Leigh, Wigan, and Preston.

 In order to enable the duke, to continue his pursuit, the
gentlemen of Staffordshire provided horses to carry the foot soldiers.
The flourishing town of Birmingham followed this laudable example, and
Sir Lister Holt of Aston Hall, near thereto, furnished 450, sending
even his coach-horses on this service; for which be received the public
and. private thanks of the English commander in chief

 Field-marshal Wade with his detachment of the British army, was
at this time at Wakefield. It had been resolved, in a council of war
held on the 8th, at Ferrybridge, to march with all expedition into
Lancashire, to cut off the retreat of the rebels to Scotland: but
finding they, had proceeded too far in their flight to effect this, he
dispatched General Oglethorpe with the cavalry to hang upon, and harass
their rear.

 The French force which landed in favour of the rebels, brought
with them a train of artillery of such heavy metal as to require about
a dozen of their horses to draw an eighteen-pounder. With this train
they advanced from Montrose to Perth, by Brechin. They had every
difficulty to encounter; the season rendered the roads extremely bad,
and the country people annoyed them in all directions.

 At Preston, the rebels wearied with incessant marches for the
last three or four days, were compelled to halt a day. This being made
known to the Duke of Cumberland, he redoubled his efforts to overtake
them with his cavalry. He had seen recently joined by General
Oglethorpe, whose squadrons had moved. from Doncaster without a halt;
and in three days he gained a hundred miles over snow and ice. By
pushing the horses to the extremity, the duke entered Preston only four
hours after the rear of the rebels had left it but in turn he was now
compelled to halt and refresh.

 On the 14th General Oglethorpe was at Garstang, and took his post
at Elhilmoor, about three miles from Lancaster. The Liverpool companies
arrived at Preston on the 16th, and that town sent a deputation of four
of the principal inhabitants to his royal highness, with, offers to
supply his troops with whatever they might stand in need of.

 At Lancaster the rebels were thrown into the utmost dread on the
approach of General Oglethorpe, with the horse, who actually entered
the town at one end, as they retreated out of the other. While the
horses were feeding in the street, and the soldiers refreshing and
preparing for the attack on overtaking the fugitives, the general was
called back by an express announcing the invasion of the French. This
intelligence proving to have had no foundation, the horse were again
ordered to push on, but the rebels had got by that time so much the
start, as not to be overtaken.

 At Kendal the country rose upon the retreating rebels; they took
three of their men, two women, and several horses; in doing which three
of the people were killed. The Pretender halted at Shap that night; and
fearing to be treated in like manner at Penryth, he endeavoured to
avoid that town, in which attempt he was met by an incredible number of
incensed inhabitants on Lazenby Moor, on which they turned off to
Temple Sowerby, but were hunted and galled the whole day, and at length
driven into Orton. Here they could wait only to feed their horses in
the street, and then set forward, having pressed a guide, but were
pursued by the loyal people of Appleby and Brough, who took the Duke of
Perth's mistress and another gentlewoman, whose carriage had broke
down. As a retaliation for this interruption, the rebels committed
great spoliations as they passed, plundering houses and shops,
destroying goods, and stripping men of their shoes, stockings, breeches
-- nay, often stripping them altogether.

 After several forced marches, the Duke of Cumberland at length
came up with the rebels at Lowther Hall, which they had taken
possession of, but abandoned it on his approach, and threw themselves
into the village of Clifton, three miles from Penryth. The dragoons
immediately dismounted, and made so vigorous an attack, that in about
an hour's time the rebels were driven back, though in a strong and
defensible post. It became dark before the assault was over, and thus
it was rendered impossible to calculate their loss, or to pursue them.
Of the King's forces, forty were killed and wounded; and among the
latter were Colonel Honeywood, Captain East, and the cornets Owen and
Hamilton. These officers declared that when fallen, the rebels struck
at them with their broadswords crying, "No quarter, kill them." They
then, carried off their wounded and fled to Carlisle, which city they
held possession of since its disgraceful capitulation; and which the
English made immediate preparation to invest.

 A fresh detachment from Marshal Wade having joined. the duke,
with a train of battering cannon from Whitehaven, he began his line of
march for Carlisle, and gave orders for raising the posse comitatus,
(the whole body of the people.) Upon his near approach, he found the
main body of the rebels had abandoned the city for Scotland, leaving
behind a garrison. He however invested it in all quarters, and the
besieged fired their cannon with great fury, but little execution.

 During these operations, the Seahorse frigate captured a large
French ship, a part of a small fleet; full of troops and warlike
stores, destined for Scotland, and: brought her into Dover. On board
were twenty-two officers, all of whom were Scotch and Irish, provided
with corn, missions from the King of France, and, a proportional number
of soldiers.

 To return to Carlisle: the Duke of Cumberland threw up batteries
to bombard it, while the rebels burnt part of the suburbs, and hanged
three of the inhabitants. The batteries, which took up several days in
constructing, being complete were opened upon the city, but towards
evening, ammunition being expended, they ceased, waiting for a supply,
which, however, fortunately arrived next day, and the cannonade was
resumed, which caused the rebels to hoist the white flag, upon which,
it again ceased. In about two bows a f1ag of truce advanced with a
rebel officer, who brought a letter signed 'John Hamilton, Governor of
Carlisle.' This letter proposed hostages to be given and exchanged, in
order to prepare for a capitulation. To this the Duke of Cumberland
returned for answer, "That he would make no exchange of hostages with
rebels." Another  flag arrived from the rebel governor, desiring to
know what terms the duke would grant him and his garrison. To this was
answered, that the utmost terms he would grant, were, "not to put them
to the sword, but to reserve them for His Majesty's pleasure;"
whereupon he surrendered the city, praying the duke to intercede for
his Majesty's royal clemency, and that the officers' clothes and
baggage, might be safe; and at three in the afternoon of the 30th of
December, the King's troops once more took possession of the devoted
city of Carlisle.

 The rebel garrison consisted of the remains of the regiment they
raised at Manchester, viz. Towney, their colonel, five captains, six
lieutenants, seven ensigns, and an adjutant, who had been a barber,
with ninety-three non-commissioned officers, drummers, and private men,
chiefly Roman Catholics. The other part of the garrison of Scotch, were
the governor, six captains,. seven lieutenants, three ensigns, and one
surgeon; and 456 non-commissioned officers and private men. Last,
though not least rebellious, was found James Cappock, the Pretender's
bishop of the diocese. The French part of this contemptible garrison,
as they styled themselves, was Sir Francis Geogean, of Thoulouse, in
France, captain in Count Lally's regiment, Colonel Strictland, and Sir
John Arbuthnot, captains in the rebel Lord George Drummond's regiment;
but the real Frenchmen were, one sergeant and four private soldiers.

 These victories, however, by no means put an end to this very
formidable rebellion. We must therefore, long as our account already
is, follow the contending parties to Scotland, and when our readers
recollect, that for this crime, very considerable numbers, as we shall
hereafter shew, forfeited their lives, we cannot persuade ourselves,
that herein we make even a digression from our avowed object. The main
body of the rebels, we have observed, left Carlisle, and in haste moved
forward to Scotland, having no impediment to encounter, we pass over
their destructive march, until we find the Pretender at Glasgow, the
second city of that part of great Britain.  On his arrival at Glasgow,
the Pretender sent for the Provost (the principal officer of the city)
and demanded the names of all those who had subscribed for raising
troops against him, threatening to hang him on his refusal. To this the
Provost replied, "I will not give up the name of any one person in the
city, but myself subscribed more than any other. I thought it my duty,
and I am not afraid to die in such a cause." Here they levied a
contribution for horses, and promised payment for what they consumed,
then ordered the land-tax to be paid: but upon departure said, their
expenses should be discharged out of the pretended forfeited rents of
Kilsyth. They then marched for Stirling, in possession of the English,
commanded by the gallant General Blakeney. The gates could not be
defended; they therefore marched in, and summoned the garrison to
surrender; but the veteran commander answered, that "he would perish in
its ruins, rather than make terms with rebels." In the river of the
town were two English men of war, and the rebels, in order to prevent
their going further up, erected a battery, which the ships soon
destroyed, and caused them to retreat a mile, where they erected
another, which did little execution. They now prepared. for a vigorous
attack upon the castle, got some heavy pieces of ordnance across the
Forth, erected a battery against it, and called in all their forces.
General Blakeney fired upon them, and repeatedly drove them from their
works.

 General Hawley, at the head of such troops as he could form in
order of battle, marched to attempt to raise the siege, but the rebels
made a desperate attack, at the commencement of which his artillery
horses, terrified, broke their traces, and ran away. Some of the
dragoons seeing this, also gave way, and in short, the rebels had the
advantage. At the beginning of the battle, a violent storm of wind and
rain arose, which blew and beat in the faces of the English. General
Hawley retreated to Linlithgow. His powder was found spoiled by the
excessive rains of that and the preceding day; not a musket in five
went off, and the drivers of his waggons, running off with the
impressed horses, he was compelled to burn his tents and other stores,
and to abandon nearly the whole of his artillery.

 Edinburgh being again in the possession of the English, and fears
entertained that the rebels meant to abandon the siege of Stirling, and
proceed thither, General Hawley was ordered to post himself between
those places. The rebels, abandoning Stirling,. laid siege to Fort
William, but after a long attack, in which they fired hot bars, in
hopes of setting it on fire, they, also gave up that design.

 Various were the skirmishes in different parts of Scotland, and
frequently to the advantage of the rebels, which we shall pass over  in
order to bring our history to a close, by presenting the two armies in
order of battle, at Culloden; the result of which crushed this
rebellion. It is certain, that the rebels entertained the most sanguine
hopes of success, from their broadswords, which had already borne them
too long in their career: but, when opposed to the English bayonet of
veteran troops, they, were as a feather before the wind, nor can the
horse make any impression on that formidable weapon, in the hands of a
determined infantry. This may be called a pitched battle, for the
contending armies having taken the field, determined to abide the issue
of the day. They were respectively commanded by the Duke and the
Pretender, in their proper persons: and the following, taken from the
London Gazette, is the conqueror's account of the battle:

 "On Tuesday the 15th the rebels burnt Fort Augustus, which
convinced us of their resolution to stand an engagement with the King's
troops. We gave our men a day's halt at Nairn, and, on the 16th marched
from thence between four and five in, four columns. The three lines of
foot (reckoning the reserve for one) were broken into three from the
right, which made the three columns equal, and each of five battalions.
The artillery and baggage followed the first column upon the right, and
the cavalry made the fourth column on the left.

 "After we had marched about eight miles, our advanced guard
composed of about 40 of Kingston's, and the highlanders, led by the
quarter-master-general, perceived the rebels at some distance making a
motion towards us; upon which we immediately formed; but finding the
rebels were still a good way from us, and that the whole body did not
come forward, we put ourselves again upon our march in our former
posture, and continued it to within a mile of them, where we again
formed in the same order as before. After reconnoitering their
situation, we found them posted behind some old walls and huts, in a
line with Culloden House. As we thought our right entirely secure, Gen.
Hawley and Gen. Bland went to the left with two regiments of dragoons,
to endeavour to fall upon the right flank of the rebels, and Kingston's
horse was ordered to the reserve. The ten pieces of cannon were
disposed, two in each of the intervals of the first line, and all our
Highlanders (except about 140, which were upon the left with Gen.
Hawley, and who behaved extremely well) were left to guard the baggage.

 "When we were advanced within 500 yards of the rebels, we found
the morass upon our right was ended, which left our right flank quite
uncovered to them; his Royal Highness thereupon immediately ordered
Kingston's horse from the reserve, and a little squadron of about 60 of
Cobham's which had been patrolling, to cover our flank; and Pulteney's
regiment was ordered from the reserve to the right of the Royals.

 "We spent above half an hour after that, trying which should gain
the flank of the other; and his Royal Highness having sent Lord Bury
forward within a hundred yards of the rebels, to reconnoitre somewhat
that appeared like a battery to us, they there upon began firing their
cannon, which was extremely ill-served and ill-pointed: ours
immediately answered them, which began their confusion. They then came
running on in their wild Manner: and upon the right where his Royal
Highness placed himself, imagining the greater push would be there,
they came down three several times within a hundred yards of our men,
firing their pistols and brandishing their swords: but the Royals and
Pulteney's hardly took their firelocks from their shoulders, so that
after those faint attempts they made off, and the little squadrons on
our right were sent to pursue them. Gen. Hawley had, by the help of our
Highlanders, beat down the little stone walls, and came in upon the
right flank of their second line.

 "As their whole first line came down to attack at once, their
right somewhat out-flanked Barrel's regiment, which was our left, and
the greatest part of the little loss we sustained, was there; but
Bligh's and Sempil's giving a fire upon those who had out-flanked
Barrel's soon repulsed them, and Barrel's regiment and the left of
Monro's fairly beat them with their bayonets. There was scarce a
soldier or officer of Barrel's, and of that part of Monro's which
engaged, who did not kill one or two men each with their bayonets and
spontoons. [Note: Spontoons: The officers' half-pikes]

 The cavalry, which had charged from the right and left, met in
the centre, except two squadrons of dragoons, which we missed, and they
were gone in pursuit of the runaways: Lord Ancram was order to pursue
with the horse as far as he could; and did it with so good effect that
a very considerable number was killed in the pursuit.

 "As we were in our march to Inverness, and were nearly arrived
there, Major Gen. Bland sent the annexed papers, which he received from
the French officers and soldiers, surrendering themselves prisoners to
his Royal Highness. Major Gen. Bland had also made great slaughter, and
took about 50 French officers and soldiers prisoners in his pursuit.

 "By the best calculation that can be made, it is thought the
rebels lost 2000 men upon the field of battle, and in the pursuit. We
have here 222 French, and 326 rebel prisoners. Lieut. Col. Howard
killed an officer, who appeared to be Lord Strathallan, by the seal,
and different commissions from the Pretender, found in his pocket.

 "It is said Lord Perth, Lord Nairn, Lochiel, Keppock, and Appin
Stuart, are also killed. All their artillery and ammunition, were
taken, as well as the Pretender's and all their baggage. There were
also. twelve colours taken.

 "All the generals, officers, and soldiers, did their utmost duty
in his Majesty's service, and shewed the greatest zeal and bravery on
this occasion.

 "The Pretender's son, it is said, lay at Lord Lovat's house at
Aird, the night after the action. Brig. Mordaunt is detached with 900
volunteers this morning into the Frazier country, to attack all the
rebels he may find there. Lord Sutherland's and Lady Reay's people
continue to exert themselves, and have taken upwards of 100 rebels, who
are sent for; and there is great reason to believe Lord Cromartie and
his son are also taken. The Monroes have killed 50 of the rebels in
their flight. As it is not known where the greatest bodies of them are,
or which way they have taken in their flight, his Royal Highness has
not yet determined which way to march. On the 17th, as his Royal
Highness as at dinner, three officers, and about sixteen of Fitz-
James's regiment, who were mounted, came and surrendered themselves
prisoners.

 "The killed, wounded, and missing, of the King's troops, amount
to above 300.

 "The French officers will be all sent to Carlisle, till his
Majesty's pleasure shall be known.

 "The rebels, by their own accounts, make their loss greater by
2000 men than we have stated it. Four of their principal ladies are in
custody, viz. Lady Ogilvie, Lady Kinloch, Lady Gordon, and the Laird of
McIntosh's wife. Major Grant, the Governor of Inverness, is retaken,
and the Generals, Hawley, Lord Albemarle, Huske, and Bland, have orders
to inquire into the reasons for his surrendering of Fort George.

 "Lord Cromartie, Lord M‘Leod his son, with other prisoners, are
just brought in from Sutherland, by the Hound sloop, which his Royal
Highness had sent for them, and they are just now landing."

"To wield the broadsword, and assume the plad,
Avails but little where the cause is bad."


THE EARL OF KILMARNOCK, THE EARL OF CROMARTIE, THE LORD BALMERINO
Three of the principal rebel chiefs
"These men were once the glory of their age,
"Disinterested, just, with ev'ry Virtue
"Of civil life adorn'd, at arms excelling,
"Their only blot was this; that much inovok'd
"They rais'd their vengeful arms against their country;
"And lo! the righteous gods have now chastis'd them."
THOMPSON.
{Illustration: The Earl of Kilmarnock}

 THESE, noblemen possessed great influence, and were much
respected, previous to, the unhappy rebellion in 1745. Having already
given a correct, though abridged account, of the transactions in which
they took conspicuous part; we proceed, without farther comment, to
their trials, defence, speeches, and execution.

 On Monday, the 28th of July, 1746, about eight o clock in the
morning, the three rebel lords, prisoners in the Tower, were carried
from thence in three coaches, the Earl of Kilmarnock, with Governor 
Williamson, and another gentleman, captain of the guard, in the first,
the Earl of Cromartie; attended by Captain Marshall, in the second: and
Lord Balmerino, attended by Mr. Fowler, gentleman gaoler, who had the
axe covered by him, in the third, under a strong guard of foot-soldiers
to Westminster Hall, where the Lord High Steward and the peers having
taken their seats, proclamation was made for the Lieutenant of the
Tower of London to return the precept to him directed, with the bodies
of the prisoners: which done, the Gentleman Gaoler of the Tower brought
his prisoners to the bar; and the proclamation was made for the King's
evidence to come forth, the King's counsel, by his Grace's direction,
opened the indictment, then his Grace moved the house that he might
advance forwards for the better hearing of the evidence, (which being
done, William Earl of Kilmarnock was brought to the bar) and his bill
of indictment for high treason read, to which his lordship, pleaded
Guilty, and desired to be recommended to his Majesty for mercy. Then
George Earl of Cromartie was brought to the bar, &c, who also pleaded
Guilty and prayed for mercy, After which Arthur Lord Balmerino was
brought to the bar, &c. who pleaded Not Guilty, alleging that he was
not at Carlisle at the time specified in the indictment, whereupon six
witnesses for the crown were called in and examined, whose evidence was
distinctly repeated by the reading-clerk, proving that his Lordship
entered Carlisle (though not the same day) sword in hand, at the head
of a regiment called by his name, Elphinston's horse. To this he made
an exception, which was overruled. The Lord High Steward then asked him
if he had any witness, or any thing further to offer in his defence. To
which he replied, he was sorry he had given their lordships so much
trouble, and had nothing more to say. Hereupon their lordships retired
out of Westminster Hall to the House of Peers, where the opinion of the
judges was asked, touching the overt act, which they declaring to be
not material, as other facts were proved beyond contradiction, their
lordships returned, and his Grace putting the question to the youngest
baron, "Whether Arthur Lord Balmerino was guilty or not guilty, &c." he
clapt his right hand to his left breast, and said, "Guilty, upon my
honour, my Lord," as did all the rest of the peers. And the prisoners
being again called to the bar, the Lord High Steward declared their
resolutions: and they were ordered to be brought up on the 30th. at 11
o'clock in the morning to receive sentence.

 Written notice was given them to bring what they might have to
offer in arrest of judgment.-- There were 136 peers present.

 On the 30th the Lord High Steward went to Westminster Hall,
attended as before: and the prisoners being brought again before their
peers, the Earl of Kilmarnock made a very elegant, and pathetic speech
which was much admired, to move their lordships to intercede for him
with his Majesty. The Earl of  Cromartie spoke also to the same effect;
but Lord Balmerino, pleaded, in arrest of judgment, that his indictment
was found in the county of Surrey, and, this being a point of law,
desired that he might be allowed counsel to argue it, upon which the
lords adjourned to their chamber, to consider of it, and soon after
returned; ordered his plea to be argued on Friday next, and appointed
Messrs. Wilbrake and Forrester for his counsel. [Note:  This point was
that the bill of indictment was found on an act of parliament passed in
March last, by which prisoners, charged with high treason, were to be
tried in such county as his Majesty should appoint; but, as the treason
with which his lordship was charged, is said to be committed at
Carlisle, in the December before, he ought to have been indicted there,
and not in Surrey, because the treason alleged to be committed was
before the passing of the act, and therefore he could not be affected
by it, and consequently the whole superstructure built thereon must
fall to the ground. This objection, it is said, was suggested to all
the lords, in a letter sent to each in the Tower, by an officious
person; but the very title of the act includes "such persons as HAVE
levied, or shall levy war, against his Majesty."]

 On the 1st of August the Lord High Steward, and the peers being
come to Westminster Hall, the three rebel lords were brought to the
bar, with the axe carried before them. Then the E. of Kilmarnock and E.
of Cromartie were separately asked if they had any thing to propose why
judgment should not be passed upon them; to which they answered in the
negative. Then his Grace informed Lord Balmerino, that, having started
an objection, desired counsel, and had their assistance, he was now to
make use of it, if he thought fit, to argue that point.  His Lordship
answered, he was sorry for the trouble he had given his Grace and the
peers; that he would not have taken that step, if he had not been
persuaded there was some ground for the objection; but that his counsel
having satisfied him there was nothing in it that could tend to his
service, he declined having them heard, submitted to the court, and was
resolved to rely upon his Majesty's mercy.

 His Grace then made a speech to the prisoners, almost to the same
effect as that pronounced by Earl Cowper. But as the present rebellion
was opposed with more unanimity and zeal than the last, his Grace took
occasion to observe to their lordships, that the beginnings of the
rebellion "were so weak and unpromising, as to be capable of seducing
none but the most infected and willing minds to join in so desperate an
enterprise. -- That it  was impossible, even for the party of the
rebels to be so inconsiderate or vain as to imagine, that the body of
this free people, blest in the enjoyment of all their rights, both
civil and religious, under his Majesty's protection; secure in the
prospect of transmitting them safe to their posterity, under the
Protestant succession in his royal house, would not rise up, as one
man, to oppose and crush so flagitious, so destructive, and so
unprovoked an attempt. -- Accordingly the rebels soon saw his Majesty's
faithful subjects, conscious both of their duty and  interest,
contending to outdo one another in demonstrations of their zeal and
vigour in his service. -- Men of property, of all ranks and orders,
crowded in with liberal subscriptions, of their own motion, beyond the
examples of former times, and uncompelled by any law: and yet in the
most legal and warrantable manner, notwithstanding what has been
ignorantly and presumptuously suggested to the contrary. -- His
lordship concluded thus: It has been his Majesty's justice to bring
your lordships to legal trial and it has been his wisdom to shew, that,
as a small part of his national forces was sufficient to subdue the
rebel army in the field, so the ordinary course of his laws, is strong
enough to bring even their chiefs to justice."

 Then, after a short pause, his Grace pronounced sentence as in
cases of high treason. Afterwards breaking his staff, put an end to the
commission.

 At six o'clock a troop of life-guards, one of horse-grenadiers,
and 1000 of the foot guards, (being fifteen men out of each company,)
marched from the parade in St. James's park through the city to Tower-
hill, to attend the execution of the Earl of Kilmarnock and the Lord
Balmerino, and being arrived there, were posted in lines from the Tower
to the scaffold, and all round it. About eight o'clock the sheriffs of
London, with their under-sheriffs, and their officers, viz. six
serjeants at mace, six yeomen, and the executioner, met at the Mitre
tavern in Fenchurch-street, where they breakfasted, and went from
thence to the house lately the Transport-office on Tower-hill, near
Catherine-court, hired by them for the reception of the said lords,
before they should be conducted to the scaffold, fold, which was
erected about thirty yards from the said house. At ten o'clock the
block was fixed on the stage, and covered with black cloth, and several
sacks of sawdust were brought up to strew on it; soon after their
coffins were brought, covered with black cloth, ornamented with gilt
nails, &c. On the Earl of Kilmarnock's was a plate with this
inscription, "Gulielmus. Comes. de Kilmarnock decollatus, 18 Augusti,
1746, Ætat. suæ 42," with an earl's coronet over it, and 6 coronets
over the six handles; and on lord Balmerino's was a plate with this
inscription, "Arthurus Dominus de Balmerino decollatus, 18 Augusti,
1746, Ætat. Suæ 58," with a baronet's coronet over it, and six others
over the six handles. At a quarter after ten the sheriffs went in
procession to the outward gate of the Tower, and, after knocking at it
some time, a warder within asked, "Who's there?" The officer without
answered, "The Sheriffs of London and Middlesex." The warder then
asked, "What do they want?" The officer answered, "The bodies of Earl
of Kilmarnock, and Arthur, Lord Balmerino.", Upon which the warder
said, "I will go and inform the Lieutenant of the Tower," and in about
ten minutes the Lieutenant of the Tower, with the Earl of Kilmarnock,
and Major White with Lord Balmerino, guarded by several of. the
warders, came to the gate; the prisoners were there delivered to the
Sheriffs, who gave proper receipts for their bodies to the Lieutenant,
who, as is usual, said, "God bless King George;" to which the Earl of
Kilmarnock assented by a bow, and the Lord Balmerino said, "God bless
King James." [Note:  At the foot of the first stairs, the Earl of
Kilmarnock met and embraced Lord Balmerino, who greatly (as Mr. Foster
observes) said to him, " My Lord, I am heartily sorry to have your
company in this expedition."] Soon after, the procession, moving in a
slow and solemn manner, appeared in the following order: 1. The
Constable of the Tower-hamlets. 2. The Knight-Marshal's men and Tip-
staves. 3. The Sheriffs' officers. 4. The Sheriffs, the Prisoners, and
their Chaplains; Mr. Sheriff Blachford walking with the Earl of
Kilmarnock, and Mr. Sheriff Cockayne with the Lord Balmerino. 5. The
Tower Warders. 6. A guard of Musqueteers. 7. The two hearses and a
mourning coach. When the procession had passed through the lines into
the area of the circle formed by the guards, the passage was closed,
and the troops of horse, who were in the rear of the foot on the lines,
wheeled off, and drew up five deep behind the foot on the south side of
the hill, facing the scaffold.

 The Lords were conducted into separate apartments in the house
facing the steps of the scaffold; their friends being admitted to see
them. The Earl of Kilmarnock was attended by the Rev. Mr. Foster, a
dissenting minister, and the Rev. Mr. Hume, a near relation of the Earl
of Hume; and the. Chaplain of the Tower, and another clergyman of the
church of England, accompanied the Lord Balmerino; who, on entering the
door of the house, hearing several of the spectators ask eagerly,
"Which is Lord Balmerino?" answered, smiling, "I am Lord Balmerino,
gentlemen, at your service." The parlour and passage of the house, the
rails enclosing the way from thence to the scaffold, and the rails
about it, were all hung with black at the Sheriff's expense.

 The Lord Kilmarnock, in the apartment allotted to him, spent
about an hour in his devotions with Mr. Foster, who assisted him with
prayer and exhortation. After which Lord Balmerino, pursuant to his
request, being admitted to confer with the earl, first thanked him for
the favour, and then asked, If his lordship knew of any order signed by
the Prince (meaning the Pretender's son) to give no quarter at the
battle of Culloden. And the; earl answering, 'No,' Lord Balmerino
added, 'Nor I neither, and therefore it seems to be an invention to
justify their own murders.' The earl replied, 'he did not think this a
fair inference, because he was informed, after he was prisoner at
Inverness, by several officers, that such an order, signed George
Murray, was in the duke's custody.' -- 'George Murray,' said Lord
Balmerino, 'then they should not charge it on the Prince.' Then he took
his leave, embracing Lord Kilmarnock, with the same kind of noble and
generous compliments, as he had used before, 'My dear Lord Kilmarnock,
I am only sorry that I cannot pay this reckoning alone; once more,
farewell for ever,' and returned to his own room.

 The earl then, with the company kneeling down joined in a prayer
delivered by Mr. Foster: after which, having sat a few moments, and
taken a second refreshment of a bit of bread and a glass of wine, he
expressed a desire that Lord Balmerino might go first to the scaffold;
but being informed that this could not be, as his lordship was named
first in the warrant, he appeared satisfied, saluted his friends,
saying he should make no speech on the scaffold, but desired the
ministers to assist him in his last moments, and they accordingly, with
other friends, proceeded there with him. The multitude, who had been
long expecting to see him on such an awful occasion, on his first
appearing on the scaffold, dressed in black, with a countenance and
demeanour, testifying great contrition, shewed the deepest signs of
commiseration and pity; and his lordship, at the same time, being
struck with such, a variety of dreadful objects at once, the
multitudes, the block, his coffin, the executioner, the instrument of
death, turned about to Mr. Hume, and said, "Hume! this is terrible;"
though without changing his voice or countenance. [Note: Hi