Chapter II: Part 2

We shall take the advantage afforded us by Bishop Burnet's History, of laying before our readers a more authentic account of this transaction than is given by the usual channels of information to which we have access. He says, "At this time two discoveries were made very unlucky for Mr. Harley: Tallard wrote often to Chamillard, but he sent the letters open to the secretary's office, to be perused and sealed up, and so be conveyed by the way of Holland. These were opened upon some suspicion in Holland, and it appeared that one in the secretary's office put letters in them, in which, as he offered his services to the courts of France and St. Germains, so he gave an account of all transactions here. In one of these he sent a copy of the letter that the Queen was to write in her own hand to the Emperor; and he marked what parts were drawn by the secretary, and what additions were made to it by the lord treasurer. This was the letter by which the Queen pressed the sending Prince Eugene into Spain; and this, if not intercepted, would have been at Versailles many days before it could reach Vienna.

"He who sent this wrote, that by this they might see what service he could do them, if well encouraged. All this was sent over to the Duke of Marlborough; and, upon search, it was found to be written by one Gregg, a clerk, whom Harley had not only entertained, but had taken into a particular confidence, without inquiring into the former parts of his life; for he was a vicious and necessitous person, who had been secretary to the Queen's envoy in Denmark, but was dismissed by him for his ill qualities. Harley had made use of him to get him intelligence, and he came to trust him with the perusal and sealing up of the letters, which the French prisoners, here in England, sent over to France; and by that means he got into the method of sending intelligence thither. He, when seized on, either upon remorse or hopes of pardon, confessed all, and signed his confession: upon that he was tried, and, pleading guilty, was condemned as a traitor, for corresponding with the Queen's enemies.

"At the same time Valiere and Bara, whom Harley had employed as his spies to go often over to Calais, under the pretence of bringing him intelligence, were informed against, as spies employed by France to get intelligence from England, who carried over many letters to Calais and Boulogne, and, as was believed, gave such information of our trade and convoys, that by their means we had made our great losses at sea. They were often complained of upon suspicion, but they were always protected by Harley; yet the presumptions against them were so violent, that they were at last seized on, and brought up prisoners."

The Whigs took such advantage of this circumstance, that Mr. Harley was obliged to resign; and his enemies were inclined to carry matters still further, and were resolved, if possible, to find out evidence enough to affect his life. With this view, the House of Lords ordered a committee to examine Gregg and the other prisoners, who were very assiduous in the discharge of their commission, as will appear by the following account, written by the same author:--

"The Lords who were appointed to examine Gregg could not find out much by him: he had but newly begun his designs of betraying secrets, and he had no associates with him in it. He told them that all the papers of state lay so carelessly about the office that every one belonging to it, even the door-keepers, might have read them all. Harley's custom was to come to the office late on post-nights, and, after he had given his orders, and wrote his letters, he usually went away, and left all to be copied out when he was gone. By that means he came to see every thing, in particular the Queen's letter to the Emperor. He said he knew the design on Toulon in May last, but he did not discover it; for he had not entered on his ill practices till October. This was all he could say.

"By the examination of Valiere and Bara, and of many others who lived about Dover, and were employed by them, a discovery was made of a constant intercourse they were in with Calais, under Harley's protection. They often went over with boats full of wool, and brought back brandy, though both the import and export were severely prohibited. They, and those who belonged to the boats carried over by them, were well treated on the French side at the governor's house, or at the commissary's: they were kept there till their letters were sent to Paris, and till returns could be brought back, and were all the while upon free cost. The order that was constantly given them was, that if an English or Dutch ship came up with them, they should cast their letters into the sea, but that they should not do it when French ships came up with them: so they were looked on by all on that coast as the spies of France. They used to get what information they could, both of merchant-ships and of the ships of war that lay in the Downs, and upon that they usually went over; and it happened that soon after some of those ships were taken. These men, as they were Papists, so they behaved themselves insolently, and boasted much of their power and credit.

"Complaints had been often made of them, but they were always protected; nor did it appear that they ever brought any information of importance to Harley but once, when, according to what they swore, they told him that Fourbin was gone from Dunkirk, to lie in wait for the Russian fleet, which proved to be true; he both went to watch for them, and he took the greater part of the fleet. Yet, though this was a single piece of intelligence that they ever brought, Harley took so little notice of it, that he gave no advertisement to the Admiralty concerning it. This particular excepted, they only brought over common news, and the Paris Gazeteer. These examinations lasted for some weeks; when they were ended, a full report was made of them to the House of Lords, and they ordered the whole report, with all the examinations, to be laid before the Queen."

Upon the conviction of Gregg, both houses of parliament petitioned the Queen that he might be executed; and, on the 28th April, 1708, he was accordingly hanged at Tyburn.

While on the scaffold, he delivered a paper to the sheriffs of London and Middlesex, in which he acknowledged the justice of his sentence, declared his sincere repentance of all his sins, particularly that lately committed against the Queen, whose forgiveness he devoutly implored. He also expressed his wish to make all possible reparation for the injuries he had done; and testified the perfect innocence of Mr. Secretary Harley, whom he declared to have been no party to his proceedings. He professed that he died a member of the Protestant church; and declared that the want of money to supply his extravagances had tempted him to commit the fatal crime, which cost him his life.

It is a remarkable circumstance in the life of this offender, that while he was corresponding with the enemy, and taking measures to subvert the government, he had no predilection in favour of the Pretender. On the contrary, he declared, while he was under sentence of death, that "he never thought he had any right to the throne of these realms."

RICHARD THORNHILL, ESQ.,

CONVICTED OF MANSLAUGHTER, IN KILLING SIR C. DEERING IN A DUEL.

This was a case which arose out of the practice of duelling, which has always existed almost peculiarly among the higher classes of society. Mr. Thornhill and Sir Cholmondeley Deering having dined together on the 7th of April, 1711, in company with several other gentlemen, at the Toy at Hampton Court, a quarrel arose, during which Sir Cholmondeley struck Mr. Thornhill. A scuffle ensuing, the wainscot of the room broke down, and Thornhill falling, the other stamped on him, and beat out some of his teeth. The company now interposed, and Sir Cholmondeley, convinced that he had acted improperly, declared that he was willing to ask pardon; but Mr. Thornhill said, that asking pardon was not a proper retaliation for the injury that he had received; adding, "Sir Cholmondeley, you know where to find me." Soon after this the company broke up, and the parties went home in different coaches, without any farther steps being taken towards their reconciliation.

On the next day, the following letter was written by Mr. Thornhill:--

"April 8th, 1711.

"Sir,--I shall be able to go abroad to-morrow morning, and desire
you will give me a meeting with your sword and pistols, which I
insist on. The worthy gentleman who brings you this will concert
with you the time and place. I think Tothill Fields will do well;
Hyde Park will not at this time of year, being full of company.

"I am your humble servant, "RICHARD THORNHILL."

On the 9th of April, Sir Cholmondeley went to the lodgings of Mr Thornhill, and the servant showed him to the dining-room. He ascended with a brace of pistols in his hands; and soon afterwards, Mr. Thornhill coming to him, asked him if he would drink tea, but he declined. A hackney-coach was then sent for, and the gentlemen rode to Tothill Fields, where, unattended by seconds, they proceeded to fight their duel. They fired their pistols almost at the same moment, and Sir Cholmondeley, being mortally wounded, fell to the ground. Mr, Thornhill, after lamenting the unhappy catastrophe, was going away, when a person stopped him, told him he had been guilty of murder, and took him before a justice of the peace, who committed him to prison.

On the 18th of May, Mr. Thornhill was indicted at the Old Bailey sessions for the murder; and the facts already detailed having been proved, the accused called several witnesses to show how ill he had been used by Sir Cholmondeley; that he had languished some time of the wounds he had received; during which he could take no other sustenance than liquids, and that his life was in imminent danger. Several persons of distinction swore that Mr. Thornhill was of a peaceable disposition, and that, on the contrary, the deceased was of a remarkably quarrelsome temper; and it was also deposed, that Sir Cholmondeley, being asked if he came by his hurt through unfair usage, replied, "No; poor Thornhill! I am sorry for him; this misfortune was my own fault, and of my own seeking. I heartily forgive him, and desire you all to take notice of it, that it may be of some service to him, and that one misfortune may not occasion another."

The jury acquitted Mr. Thornhill of the murder, but found him guilty of manslaughter; in consequence of which he was burnt in the hand.

COLONEL JOHN HAMILTON.

CONVICTED OF MANSLAUGHTER AS SECOND IN A DUEL.

There was no occurrence which at the time occupied so much of the public attention, and excited so much general interest, as the duel which took place in the year 1711, between the Duke of Hamilton and Lord Mohun; in which, unhappily, both the principals fell.

The gentleman who is the subject of the present notice, was the second of the noble duke, and appears to have been connected with him by the ties of relationship. At the sessions held at the Old Bailey, on the 11th of September, he was indicted for the murder of Charles Lord Mohun, Baron of Oakhampton, on the 15th of November preceding; and at the same time he was indicted for abetting Charles Lord Mohun, and George Macartney, Esq., in the murder of James, Duke of Hamilton and Brandon. Colonel Hamilton pleaded not guilty; and evidence was then adduced, which showed that Lord Mohun having met the Duke of Hamilton at the chambers of a master in chancery, on Thursday the 13th of November, a misunderstanding arose between them respecting the testimony of a witness.

On the return home of his lordship, he directed that no person should be admitted to him, except Mr. Macartney; and subsequently he went with that gentleman to a tavern. The Duke of Hamilton and his second, Colonel Hamilton, were also at the tavern; and from thence they all proceeded to Hyde Park. The only evidence which exhibited the real circumstances immediately attending the duel, was that of William Morris, a groom, who deposed that, "as he was walking his horses towards Hyde Park, he followed a hackney-coach with two gentlemen in it, whom he saw alight by the Lodge, and walk together towards the left part of the ring. They were there about a quarter of an hour, when he saw two other gentlemen come to them; and, after having saluted each other, one of them, who he was since told was the Duke of Hamilton, threw off his cloak; and one of the other two, who he now understands was Lord Mohun, his surtout coat, and all immediately drew. The duke and lord pushed at each other but a very little while, when the duke closed, and took the lord by the collar, who fell down and groaned, and the duke fell upon him. That just as Lord Mohun was dropping, he saw him lay hold of the duke's sword, but could not tell whether the sword was at that time in his body; nor did he see any wound given after the closing, and was sure Lord Mohun did not shorten his sword. He declared he did not see the seconds fight; but they had their swords in their hands, assisting their lords."

It further appeared that the bodies of the deceased noblemen were examined by Messrs. Boussier and Amie, surgeons; and that in that of the duke, a wound was found between the second and third ribs on his right side; and also that there were wounds in his right arm, which had cut the artery and one of the small tendons, as well as others in his right and left leg. There was also a wound in his left side between his second and third ribs, which ran down into his body, and pierced the midriff and caul: but it appeared that the immediate cause of the sudden death of his grace was the wound in his arm. It was further proved, as regarded the body of Lord Mohun, that there was a wound between the short ribs, quite through his belly, and another about three inches deep in the upper part of his thigh; a large wound, about four inches wide, in his groin, a little higher, which was the cause of his immediate death; and another small wound on his left side; and that the fingers of his left hand were cut.

The defence made by the prisoner was, that "the duke called him to go abroad with him, but he knew not anything of the matter till he came into the field."

Some Scottish noblemen, and other gentlemen of rank, gave Mr. Hamilton a very excellent character, asserting that he was brave, honest, and inoffensive; and the jury, having considered of the affair, gave a verdict of "Manslaughter;" in consequence of which the prisoner prayed the benefit of the statute, which was allowed him.

At the time the lives of these noblemen were thus unfortunately sacrificed, many persons thought they fell by the hands of the seconds; and some writers on the subject subsequently affected to be of the same opinion: but nothing appears in the written or printed accounts of the transaction, nor did anything arise on the trial, to warrant so ungenerous a suspicion; it is therefore but justice to the memory of all the parties to discredit such insinuations.

WILLIAM LOWTHER AND RICHARD KEELE.

EXECUTED FOR THE MURDER OF EDWARD PERRY, A TURNKEY OF CLERKENWELL BRIDEWELL.

William Lowther was a native of Cumberland, and being bound to the master of a Newcastle ship which traded to London, he became acquainted with low abandoned company in the metropolis. Richard Keele was a native of Hampshire, and served his time to a barber at Winchester; and on coming to London, he married and settled in his own business in Rotherhithe: but not living happily with his wife, he parted from her, cohabited with another woman, and associated with a number of disorderly people.

On the 10th of December, 1713, they were indicted at the Old Bailey, for assisting Charles Houghton in the murder of Edward Perry. The case was as follows:--The prisoners, together with two other desperate offenders, of the name of Houghton and Cullum, having been convicted of felony at the Old Bailey, were sentenced to be kept to hard labour in Clerkenwell Bridewell for two years. On their being carried thither, Mr. Boreman, the keeper, thought it necessary to put them in irons, to prevent their escape. This they all refused to submit to; and Boreman having ordered the irons, they broke into the room where the arms were deposited, seized what they thought fit, and then attacked the keeper and his assistants, and cruelly beat them. Lowther bit off part of a man's nose. At this time, Perry, one of the turnkeys, was without the gate, and desired the prisoners to be peaceable; but, advancing towards them, he was stabbed by Houghton, and, during the fray, Houghton was shot dead. The prisoners being at length victorious, many of them made their escape; but the neighbours giving their assistance, Keele and Lowther, and several others, were taken and convicted on the clearest evidence.

Some time after conviction, a smith went to the prison to take measure of them for chains, in which they were to be hung, pursuant to an order from the secretary of state's office; but they for some time resisted him in this duty.

On the morning of execution (the 13th December, 1713), they were carried from Newgate to Clerkenwell Green, and there hanged on a gallows; after which, their bodies were put in a cart, drawn by four horses, decorated with plumes of black feathers, and hung in chains.

WILLIAM JOHNSON AND JANE HOUSDEN.

EXECUTED FOR THE MURDER OF SPURLING, A TURNKEY IN THE OLD BAILEY.

It is not a little remarkable that two instances should have occurred within so short a space of time as nine months, in which the officers of the Crown should have fallen victims to the exertions which they were compelled to make in the discharge of their duties. The male prisoner in this case, William Johnson, was a native of Northamptonshire, where he served his time to a butcher, and, removing to London, he opened a shop in Newport Market; but business not succeeding to his expectation, he pursued a variety of speculations, until at length he sailed to Gibraltar, where he was appointed a mate to one of the surgeons of the garrison. Having saved some money at this place, he came back to his native country, where he soon spent it, and then had recourse to the highway for a supply. Being apprehended in consequence of one of his robberies, he was convicted, but received a pardon. Previously to this he had been acquainted with Jane Housden, his fellow in crime, who had been tried and convicted of coining, but had obtained a pardon; but who, in September, 1714, was again in custody for a similar offence. On the day that she was to be tried, and just as she was brought down to the bar of the Old Bailey, Johnson called to see her; but Mr. Spurling, the head turnkey, telling him that he could not speak to her till her trial was ended, he instantly drew a pistol, and shot Spurling dead on the spot, in the presence of the court and all the persons attending to hear the trials, Mrs. Housden at the same time encouraging him in the perpetration of this singular murder. The event had no sooner happened, than the judges, thinking it unnecessary to proceed on the trial of the woman for coining, ordered both the parties to be tried for the murder; and there being many witnesses to the deed, they were convicted, and received sentence of death. From this time to that of their execution, which took place September 19th 1714, and even at the place of their death, they behaved as if they were wholly insensible of the enormity of the crime which they had committed; and notwithstanding the publicity of their offence, they had the confidence to deny it to the last moment of their lives: nor did they show any signs of compunction for their former sins. After hanging the usual time, Johnson was hung in chains near Holloway, between Islington and Highgate.

THE EARL OF DERWENTWATER, LORD KENMURE, THE EARL OF WINTON, AND OTHERS,

EXECUTED FOR TREASON.

The circumstances attending the crime of these individuals, intimately connected as they were with the history of the Royal Family of England, must be too well known to require them to be minutely repeated. On the accession of George the First to the throne of Great Britain, the question of the right of succession of King James the Third, as he was termed, which had long been secretly agitated, began to be referred to more openly; and his friends, finding themselves in considerable force in Scotland, sent an invitation to him in France, where he had taken refuge, to join them, for the purpose of making a demonstration, and of endeavouring to assume by force, that which was denied him as of right. The noblemen, whose names appear at the head of this article, were not the least active in their endeavours to support the title of the Pretender, by enlisting men under his standard; and their proceedings, although conducted with all secrecy, were soon made known to the government. The necessary steps were immediately taken for quelling the anticipated rebellion; and many persons were apprehended on suspicion of secretly aiding the rebels, and were committed to gaol.

Meanwhile the Earl of Mar, the chief supporter of the Pretender, was in open rebellion at the head of an army of 3000 men, which was rapidly increasing, marching from town to town in Scotland, proclaiming the Pretender as King of England and Scotland, by the title of James III. An attempt was made by stratagem to surprise the castle of Edinburgh; and with this object, some of the king's soldiers were base enough to receive a bribe to admit those of the Earl of Mar, who were, by means of ladders of rope, to scale the walls, and surprise the guard; but the Lord Justice Clerk, having some suspicion of the treachery, seized the guilty, and many of them were executed.

The rebels were greatly chagrined at this failure of their attempt; and the French king, Louis XIV., from whom they hoped for assistance, dying about this time, the leaders became disheartened, and contemplated the abandonment of their project, until their king could appear in person among them.

They were aided, however, by the discontent which showed itself in another quarter. In Northumberland the spirit of rebellion was fermented by Thomas Forster, then one of the members of parliament for that county; who, being joined by several noblemen and gentlemen, attempted to seize the large and commercial town of Newcastle, but was driven back by the friends of the government. Forster now set up the standard of the Pretender, and proclaimed him the lawful king of Great Britain and Scotland, wherever he went; and, eventually joining the Scotch rebels, he marched with them to Preston, in Lancashire. They were there attacked by Generals Carpenter and Wills, who succeeded in routing them, and in making 1500 persons prisoners; amongst whom were the Earl of Derwentwater and Lord Widrington, English peers; and the Earls of Nithisdale, Winton, and Carnwarth, Viscount Kenmore, and Lord Nairn, Scotch peers.

These noblemen, with about three hundred more rebels, were conveyed to London; while the remainder, taken at the battle of Preston, were sent to Liverpool, and its adjacent towns. At Highgate, the party intended for trial in London was met by a strong detachment of foot-guards, who tied them back to back, and placed two on each horse; and in this ignominious manner were they held up to the derision of the populace, the lords being conveyed to the Tower, and the others to Newgate and other prisons.

The Earl of Mar, on the day of the battle, attempted to cross the Forth, but was prevented by a squadron of the British fleet, which had anchored off Edinburgh; and Sir John Mackenzie, on the part of the Pretender, having fortified the town of Inverness, Lord Lovat, (at this time an adherent of the reigning monarch, but subsequently a friend to the cause of the Stuarts, for aiding whose rebellion in 1745 he was beheaded,) armed his tenants, and drove him from his fortifications. The Pretender subsequently managed to elude the vigilance of the British ships appointed to prevent his landing, and crossing the Channel in a small French vessel, disembarked in Scotland, with only six followers; but having obtained the assistance of a few half-armed Highlanders, on the 9th of January 1716, he made a public entry into the palace of Scone, the ancient place of coronation for the Scottish kings. He there assumed the functions of a king, and so much of the powers of royalty as he was able to secure, and issued a proclamation for his coronation. The Duke of Argyle, at this time with his army in winter quarters at Stirling, however, determined to attack the rebel forces, and advancing upon them, they fled at his approach. The Pretender having been encouraged to rebel by France, was in anticipation of receiving succour at the hands of the French king, and in the hope of some aid reaching him, he proceeded to Dundee, and thence to Montrose, where, soon rendered hopeless by receiving no news of the approach of the foreigners, he dismissed his adherents. The king's troops pursued and put several to death; but the Pretender, accompanied by the Earl of Mar, and some of the leaders of the rebellion, had the good fortune to get on board a ship lying before Montrose; and, in a dark night, put to sea, escaped the English fleet, and landed in France.

The unfortunate noblemen who had been secured were, meanwhile, committed to the custody of the keeper of the Tower; and the House of Commons unanimously agreed to impeach them, and expel Forster from his seat as one of their members; while the courts of common law proceeded with the trials of those of less note. The articles of impeachment being sent by the Commons, the Lords sat in judgment; Earl Cowper, the Lord Chancellor of England, being constituted Lord High Steward.

All the Peers who were charged, except the Earl of Winton, pleaded guilty to the indictment, but offered pleas of extenuation for their guilt, in hopes of obtaining mercy. In that of the Earl of Derwentwater, he suggested that the proceedings in the House of Commons, in impeaching him, were illegal.

Proclamation was then made, and the Lord High Steward proceeded to pass sentence upon James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, Robert Earl of Carnwarth, William Viscount Kenmure, and William Lord Nairn.

His lordship having detailed the circumstances attending their impeachment, and having answered the argumentative matter contained in their pleas, and urged in extenuation of their offences, proceeded to say,--

"It is my duty to exhort your lordships to think of the aggravations as well as the mitigations (if there be any), of your offences; and if I could have the least hopes that the prejudices of habit and education would not be too strong for the most earnest and charitable entreaties, I would beg you not to rely any longer on those directors of your consciences by whose conduct you have, very probably, been led into this miserable condition (in allusion to their lordships being members of the Roman Catholic church); but that your lordships would be assisted by some of those pious and learned divines of the church of England, who have constantly borne that infallible mark of sincere Christians, universal charity.

"And now, my lords, nothing remains but that I pronounce upon you (and sorry I am that it falls to my lot to do it) that terrible sentence of the law, which must be the same that is usually given against the meanest offender of the like kind.

"The most ignominious and painful parts of it are usually remitted, by the grace of the crown, to persons of your quality; but the law, in this case, being deaf to all distinctions of persons, requires I should pronounce, and accordingly it is adjudged by this court,

"That you, James earl of Derwentwater, William lord Widdrington, William earl of Nithisdale, Robert earl of Carnwarth, William viscount Kenmure, and William lord Nairn, and every of you, return to the prison of the Tower, from whence you came; from thence you must be drawn to the place of execution; when you come there, you must be hanged by the neck, but not till you be dead; for you must be cut down alive; then your bowels must be taken out, and burnt before your faces; then your heads must be severed from your bodies, and your bodies divided each into four quarters; and these must be at the king's disposal. And God Almighty be merciful to your souls."

After sentence thus passed, the lords were remanded to the Tower, and on the 18th of February orders were sent to the lieutenant of the Tower, and the sheriffs, for their execution. Great solicitations were made in favour of them, which not only reached the court, but the two houses of parliament, and petitions were delivered in both, which being supported, occasioned debates. That in the House of Commons went no farther than to occasion a motion for adjournment, so as to prevent any farther interposition there; but the matter in the House of Peers was carried on with more success, where petitions were delivered and spoke to, and it was carried by nine or ten voices that they should be received and read. The question was also put, whether the King had power to reprieve, in case of impeachment; and this being carried in the affirmative, a motion was made to address his majesty to desire him to grant a reprieve to the lords under sentence; but the movers only obtained this clause, viz., "To reprieve such of the condemned lords as deserved his mercy; and that the time of the respite should be left to his majesty's discretion."

The address having been presented, his majesty replied:--

"That on this, and other occasions, he would do what he thought most consistent with the dignity of his crown, and the safety of his people."

The great parties which had been made by the rebel lords, as was said, by the means of money, and the rash expressions too common in the mouths of many of their friends, as if the government did not dare to execute them, did not a little contribute to hasten their execution; for on the same day that the address was presented, the 23rd of February, it was resolved in council, that the Earl of Derwentwater and the Lord Kenmure should be beheaded on the next day; and the Earl of Nithisdale, apprehending he should be included in the warrant, succeeded in making his escape on the evening before, in a woman's riding-hood, supposed to have been conveyed to him by his mother on a visit.

On the morning of the 24th of February, three detachments of the life, guards went from Whitehall to Tower-hill, and, having taken their stations round the scaffold, the two lords were brought from the Tower at ten o'clock, and, being received by the sheriffs at the bar, were conducted to the transport-office on Tower-hill. At the expiration of about an hour, the Earl of Derwentwater sent word that he was ready; on which sir John Fryer, one of the sheriffs, walked before him to the scaffold, and, when there, told him he might have what time he pleased to prepare himself for death.

His lordship desired to read a paper which he had written, the substance of which was, that he was sorry for having pleaded guilty; that he acknowledged no king but king James the Third, for whom he had an inviolable affection: that the kingdom would never be happy until the ancient constitution was restored, and he wished that his death might contribute to that end. His lordship professed to die in the Roman Catholic faith, and said at the end of the speech which he delivered, that "if that Prince who then governed had given him life, he should have thought himself obliged never more to take up arms against him." He then read some prayers, and kneeled to see how the block would fit him; and having told the executioner that he forgave him, as well as all his enemies, he desired him to strike when he should repeat the words "SWEET JESUS" the third time. He immediately proceeded to prepare himself for the blow of the axe, and having placed his neck so that it might be fairly struck, he said, "Sweet Jesus, receive my spirit! Sweet Jesus, be merciful unto me! Sweet Jesus----" and was proceeding in his prayer, when his head was severed from his body at one blow. The executioner then took it up, and carrying it to the four corners of the scaffold, said, "Behold the head of a traitor.--God save King George."

The body was directly wrapped in black baize, and being carried to a coach, was delivered to the friends of the deceased: and the scaffold having been cleared, fresh baize was put on the block, and new saw-dust strewed, so that no blood should appear. Lord Kenmure was then conducted to the place of execution.

His lordship was a Protestant, and was attended by two clergymen. He declined saying much to them, however, telling one of them that he had prudential reasons for not delivering his sentiments; which were supposed to arise from his regard to Lord Carnwarth, who was his brother-in-law, and who was then interceding for the royal mercy. Lord Kenmure having finished his devotions, declared that he forgave the executioner, to whom he made a present of eight guineas. He was attended by a surgeon, who drew his finger over that part of the neck where the blow was to be struck; and being executed as Lord Derwentwater had been, his body was delivered to the care of an undertaker.

George, Earl of Winton, not having pleaded guilty with the other lords, was brought to his trial on the 15th of March, when the principal matter urged in his favour was that he had surrendered at Preston, in consequence of a promise from General Wills to grant him his life: in answer to which it was sworn that no promise of mercy was made, but that the rebels surrendered at discretion.

The circumstances of the Earl of Winton having left his house with fourteen or fifteen of his servants well mounted and armed, his joining the Earl Carnwarth and Lord Kenmure, his proceeding with the rebels through the various stages of their march, and his surrendering with the rest, were fully proved: notwithstanding which, his counsel moved in arrest of judgment; but the plea on which this motion was founded being thought insufficient, his peers unanimously found him guilty. The Lord High Steward then pronounced sentence on him, after having addressed him in forcible terms, in the same manner as he had sentenced the other peers.

The Earls of Winton and Nithisdale afterwards found means to escape out of the Tower; and Messrs. Forster and M'Intosh escaped from Newgate: but it was supposed that motives of mercy and tenderness in the Prince of Wales, afterwards George the Second, favoured the flight of all these gentlemen.

This rebellion occasioned the untimely death of many other persons. Five were executed at Manchester, six at Wigan, and eleven at Preston; but a considerable number was brought to London, and, being arraigned in the Court of Exchequer, most of them pleaded guilty, and suffered the utmost rigour of the law.

JAMES SHEPPARD.

EXECUTED FOR HIGH TREASON.

This is a very singular case of treason; for though the crime for which Sheppard suffered was committed three years after the rebellion was quelled, yet the same misjudged opinions urged this youth to enthusiasm in the cause of the Pretender as those which actuated the former offenders. It is still more singular that he, neither being a Scotchman born, nor in any way interested in the mischiefs which he contemplated, should, unsolicited, volunteer in so dangerous a cause.

James Sheppard was the son of Thomas Sheppard, glover, in Southwark; but his father dying when he was about five years of age, he was sent to school in Hertfordshire, whence his uncle, Dr. Hinchcliffe, removed him to Salisbury, where he remained at school three years. Being at Salisbury at the time of the rebellion, he imbibed the principles of his school-fellows, many of whom were favourers of the Pretender; and he was confirmed in his sentiments by reading some pamphlets which were then put into his hands.

When he quitted Salisbury, Dr. Hinchcliffe put him apprentice to Mr. Scott, a coach-painter in Devonshire-street, Bishopsgate; and he continued in this situation about fourteen months, when he was apprehended for the crime which cost him his life.

Sheppard, having conceived the idea that it would be a praiseworthy action to kill the king, wrote a letter, which he intended for a nonjuring minister of the name of Leake; but, mistaking the spelling, he directed it "To the Rev. Mr. Heath." The letter was in the following terms:--

"Sir,--From the many discontents visible throughout this kingdom, I infer that if the prince now reigning could be by death removed, our king being here, he might be settled on his throne without much loss of blood. For the more ready effecting of this, I propose that, if any gentleman will pay for my passage into Italy, and if our friends will entrust one so young with letters of invitation to his majesty, I will, on his arrival, smite the usurper in his palace. In this confusion, if sufficient forces may be raised, his majesty may appear; if not, he may retreat or conceal himself till a fitter opportunity. Neither is it presumptuous to hope that this may succeed, if we consider how easy it is to cut the thread of human life; how great confusion the death of a prince occasions in the most peaceful nation; and how mutinous the people are, how desirous of a change. But we will suppose the worst--that I am seized, and by torture examined. Now, that this may endanger none but myself, it will be necessary that the gentlemen who defray my charges to Italy leave England before my departure; that I be ignorant of his majesty's abode; that I lodge with some whig; that you abscond; and that this be communicated to none. But, be the event as it will, I can expect nothing less than a most cruel death; which, that I may the better support, it will be requisite that, from my arrival till the attempt, I every day receive the Holy Sacrament from one who shall be ignorant of the design.

"JAMES SHEPPARD."

Having carried it to Mr. Leake's house, he called again for an answer, but he was apprehended, and carried before Sir John Fryer, a magistrate.

When he was brought to his trial, he behaved in the most firm and composed manner; and, after the evidence was given, and the jury had found him guilty of high treason, he was asked why sentence should not be passed on him according to law, when he said "He could not hope for mercy from a prince whom he would not own." The Recorder then proceeded to pass sentence on him; in pursuance of which, he was executed at Tyburn on the 17th March, 1718. He was attended by a nonjuring clergyman up to the time of his execution, between whom and the ordinary the most indecent disputes arose, extending even up to the time of his arriving at the scaffold, when the latter quitted the field and left the other to instruct and pray with the malefactor as he might think proper.

THE MARQUIS DE PALEOTTI,

EXECUTED FOR THE MURDER OF HIS SERVANT.

This nobleman was at the head of a noble family in Italy, and was born at Bologna. In the reign of Queen Anne he was a Colonel in the imperial army. The Duke of Shrewsbury, being at Rome, fell in love with and paid his addresses to the sister of the Marquis; and the lady having been married to him in Germany, they came to England. The Marquis quitting the army at the peace of Utrecht, visited England to see his sister; and being fond of an extravagant course of life, and attached to gaming, he soon ran in debt for considerable sums. His sister paid his debts for some time, till she found it would be a burdensome and endless task; and she therefore declined all further interference. The habits of the Marquis, however, were in nowise changed, and being one day walking in the street, he directed his servant, an Italian, to go and borrow some money. The servant, having met with frequent denials, declined going: on which the Marquis drew his sword and killed him on the spot.

He was instantly apprehended, and committed to prison; and being tried at the next sessions, was convicted on full evidence, and received sentence of death. The Duke of Shrewsbury being dead, and his duchess having little interest or acquaintance in England, it appears that no endeavours were used to save him from the punishment which awaited him, and he was executed at Tyburn on the 17th of March, 1718.

Italian pride had taken deep root in the mind of this man. To his last moment it was predominant. He petitioned the sheriffs that his body should not be defiled by touching the unhappy Englishmen doomed to suffer with him, and that he might die before them, and alone. The sheriffs, in courtesy to a stranger, granted this request, and thus, in his last struggle, he maintained the superiority of his rank.

JOHN PRICE.

COMMONLY CALLED JACK KETCH, EXECUTED FOR MURDER.

Although the circumstances attending the crime of this malefactor do not present any features of general interest, the fact of the offender having filled the office of public executioner, and of his being deprived of life on that very scaffold on which he had exercised the functions of his revolting office, render the case not a little remarkable. It would appear that the prisoner was born of decent parents, in the parish of St. Martin's-in-the-Fields, London; and that his father, who was in the service of his country having been blown up at the demolition of Tangiers, he was put apprentice to a rag merchant. His master dying, he ran away and went to sea, and served with credit on board different ships in the navy, for the space of 18 years; but at length was paid off and discharged from further service.

The office of public executioner becoming vacant, it was given to him, and but for his extravagance, he might have long continued in it, and subsisted on its dreadfully-earned wages. On returning from an execution, however, he was arrested in Holborn for debt, which he discharged, in part, with the wages he had that day earned, and the remainder with the produce of three suits of clothes, which he had taken from the bodies of the executed men; but soon afterwards he was lodged in the Marshalsea prison for other debts, and there he remained for want of bail; in consequence of which one William Marvel was appointed in his stead. He continued some time longer in the Marshalsea, when he and a fellow-prisoner broke a hole in the wall, through which they made their escape. It was not long after this that Price committed the offence for which he was executed. He was indicted on the 20th April, 1718, for the murder of Elizabeth, the wife of William White, on the 13th of the preceding month.

In the course of the evidence it appeared that Price met the deceased near ten at night in Moorfields, and attempted to ravish her; but the poor woman (who was the wife of a watchman, and sold gingerbread in the streets) doing all in her power to resist his villanous attacks, he beat her so cruelly that streams of blood issued from her eyes and mouth, one of her arms was broken, some of her teeth were knocked out, her head was bruised in a most dreadful manner, and one of her eyes was forced from the socket. Some persons, hearing the cries of the unhappy creature, repaired to the spot, took Price into custody, and lodged him in the watch-house; and the woman, being attended by a surgeon and a nurse, was unable to speak, but she answered the nurse's questions by signs, and in that manner described what had happened to her. She died, after having languished four days. The prisoner, on his trial, denied that he was guilty of the murder; but he was found guilty and sentenced to death. He then gave himself up to the use of intoxicating liquors, and continued obstinately to deny his guilt until the day of execution. He then, however, admitted the justice of his punishment, but said that he was in a state of intoxication when he committed the crime for which he suffered. He was executed on the 21st May, 1718 at Bunhill-row, and was afterwards hung in chains at Holloway.

It maybe remarked, that this case affords a striking instance of the absence of the effect of example: for, however much the miserable calling of the unhappy man may have hardened his mind, and rendered him callous to those feelings of degradation which would arise in the heart of any ordinary person, placed in a similar situation, it cannot be supposed that his fear of the dreadful punishment of death could have been in any degree abated by his having so frequently witnessed its execution in all its horrors.

BARBARA SPENCER.

STRANGLED, AND THEN BURNED, FOR COINING.

This is the first case on record, in which any person appears to have been executed for counterfeiting the coin of the realm. The punishment for this offence, at first, of necessity, severe, to check the alarming prevalence of the crime, has long since been materially mitigated; and although the evil still exists to a great degree, it has been diminished very considerably in consequence of the judicious steps taken by the officers of the Mint.

In the month of May, 1721, Barbara Spencer, with two other women, named Alice Hall, and Elizabeth Bray, were indicted for high treason, in counterfeiting the king's current coin of the realm. The evidence went to prove the two latter prisoners to be agents only, and they were acquitted; while Spencer appeared to be the principal, and she was found guilty, and sentenced to be burned. It turned out that the prisoner had before been guilty of similar offences, and the sentence was carried into execution, although not in its direct terms. The law which then existed was, indeed, that women, convicted of high or petit treason, should be burned; but the wisdom and humanity of the authorities provided a more easy death, in directing that the malefactor should be strangled, while tied to the stake, and that the body should afterwards be consumed by fire.

While under sentence of death, the prisoner behaved in the most indecent and turbulent manner; nor could she be convinced that she had been guilty of any crime in making a few shillings. She was for some time very impatient under the idea of her approaching dissolution, and was particularly shocked at the thought of being burned; but at the place of execution, she seemed willing to exercise herself in devotion, but was much interrupted by the mob throwing stones and dirt at her.

She was strangled and burned at Tyburn on the 5th of July, 1721.

WILLIAM SPIGGOT, AND THOMAS PHILLIPS.

EXECUTED FOR HIGHWAY ROBBERY.

This case is rendered worthy of notice, by the fact that, the prisoners refusing to plead, they were placed under the torture. They were indicted for a robbery upon the king's highway; but refused to plead until some of their property, which had been taken from them, was returned. This was denied them by the Court, under the provisions of the statute of the 4th & 5th William and Mary; and as, in spite of all entreaties, they persisted in their refusal, to deny or confess the charge against them, the Court ordered that the judgment ordained by law should be read to them. This was,

"That the prisoner shall be sent to the prison from whence he came, and put into a mean room, stopped from the light, and shall there be laid on the bare ground, without any litter, straw, or other covering, and without any garment about him, except something to hide his privy members. He shall lie upon his back, his head shall be covered, and his feet shall be bare. One of his arms shall be drawn with a cord to one side of the room, and the other arm to the other side; and his legs shall be served in the like manner. Then there shall be laid upon his body as much iron or stone as he can bear, and more. And the first day after he shall have three morsels of barley bread, without any drink; and the second day he shall be allowed to drink as much as he can, at three times, of the water that is next the prison-door, except running water, without any bread; and this shall be his diet till he dies; and he against whom this judgment shall be given, forfeits his goods to the king."

The reading of this sentence producing no effect, they were ordered back to Newgate, there to be pressed to death; but when they came into the press-room, Phillips begged to be taken back to plead. The favour was granted, though it might have been denied to him; but Spiggot was put under the press, and he continued half an hour, with three hundred and fifty pounds' weight on his body; but, on the addition of fifty pounds more, he also begged to plead.

They were in consequence brought back, and again arraigned; when, the evidence being clear and positive against them, they were convicted, and received sentence of death; in consequence of which they were executed at Tyburn on the 8th of February, 1721.

The prisoner Phillips, after sentence, behaved in a manner which exhibited that he was a person of the most abandoned character. His companion was more attentive to his devotions; but Phillips declared that he did not fear to die, for that he was sure of going to heaven. It appeared, from the declarations of the prisoners, that they had been very successful in their depredations; in the commission of which they were accompanied by a clergyman named Joseph Lindsay, and a lunatic, who had escaped from Bedlam, named Burroughs. The mad prattling of the latter caused the apprehension of his companions, while the evidence of the former tended materially to secure their conviction.

It is almost needless to add, that that remnant of barbarity, the torture, has long since been abolished.

NATHANIEL HAWES.

TORTURED AND AFTERWARDS EXECUTED FOR ROBBERY.

The case of this prisoner may not prove uninteresting, as connected with that last detailed.

Nathaniel Hawes was a native of Norfolk, in which county he was born in the year 1701. His father was a grazier in good circumstances; but dying while the son was an infant, a relation in Hertfordshire took care of his education.

At a proper age he was apprenticed to an upholsterer in London; but, becoming connected with people of bad character, he robbed his master when he had served only two years of his time, for which he was tried at the Old Bailey, and, being convicted, was sentenced to seven years' transportation.

His sentence was, however, withdrawn on his becoming evidence against the receiver of the stolen property. But the warning which he had received was of no avail; and after having been once in custody for a robbery, when he was again admitted king's evidence, he soon joined a fellow with whom he had become acquainted in prison, and meeting a gentleman on Finchley Common, they demanded his money, swearing to murder him, if he did not give it to them.