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Reprieves, executions, &c. of those tried in London.

His Majesty, began to behave themselves as if they were secure. To their great surprise, on the night of the 8th, after the Prince had opened his commission in council, a warrant was signed for executing twenty-four of them on the following Fri. day. A reprieve, however, arrived on the Thursday preceding for twenty-two of them; and a warrant for the execution of Mr Paul, and Mr Thomas Hall of Otterburn, who were executed accordingly on Friday, the 13th of July, 1716. At the place of execution each of them read a declaration, renouncing communion with the Church of England, and owning they died members of the non-juring church there; praying for the restoration of the Chevalier, under the name of King James, and exhorting the people to be obedient to him, as their only lawful sovereign,' &c.

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On the 24th of June, when the act suspending the Habeas Corpus Bill expired, the Earl of Scarsdale, Lords Duplin, Powis, and several private gentlemen, availed themselves of it, and were admitted to bail. In a short time after, Sir William Windham, Mr Harvey of Comb, Mr Lockhart of Carnwath, the Earls of Wigtoun and Hume, and several others, both in England and Scotland, who had been taken into custody, as suspected persons, when the rebellion broke out, took likewise the benefit of the Habeas Corpus Act. A general order was likewise issued for the liberation, without bail, of all those who surrendered, according to the

Prisoners in Edinburgh, Stirling, &c. conveyed to Carlisle.

summons, before the rebellion; and those who deserted from the rebels before their retreat from Perth; and discharging all the servants who were prisoners with their masters in London. The Marquis of Huntly, Glengary, Mr Douglass, Ogilvy, and some others in Scotland, obtained their full pardon, in regard of their having quitted the rebels in time. Some at London were liberated before trial, and others reprieved.

The prisoners taken at Dunfermline and Sheriffmuir, and such as had surrendered themselves to the government at the termination of the rebellion, and were prisoners in the castles of Edinburgh, Stirling, and Blackness, were conveyed to Carlisle, to be tried by a commission of oyer and terminer, appointed to sit there in November, 1716, consisting of the Lord Chief Baron Smith, Barons Scroop and Price, Mr Justice Tarcy, &c. Thirtyfour prisoners were set at liberty, by His Majesty's clemency, without being brought to trial, although súfficient proof could have been adduced of their guilt. John Paton of Grandham, one of these 31, delivered a speech in praise and commendation of His Majesty's merciful disposition, which he said he had often times heard of, but now felt, to his utmost joy and gratitude; and that eye had not seen, nor ear heard, the like before; but that he and others were living witnesses thereof, which he said for himself, and he thought all the rest would assent to it, wishing His Majesty and royal

Return of His Majesty from Germany, bill of indemnity, &c.

issue long life, and that he might ever be the darling of his people,' &c. Thirty-two of the prisoners being brought on their trial, Mr William Hay made some demur against the jurisdiction, but afterwards withdrew, and thereafter pled guilty, as did all the rest, except one Tulloch of Tanachie, who was acquitted, having proven that he was forced into the rebellion. Twenty-four of them received sentence of death, but no day was appointed for their execution. The rest were never sentenced.

The King returned from Germany about the middle of January, 1716, a few days before the Parliament met, intending to open that session of Parliament with a general indemnity, but a rumour having circulated, that the plan of a new rebellion was formed, it was delayed. It appeared from the papers seized with Count Gillemberg, the Swedish minister in London, and Baron Gortz who was seized in Holland, that the King of Sweden, in concert with our enemies, designed to invade Britain. Effectual measures being taken, it was prevented. The Earl of Oxford was tried on the 13th of July, and acquitted. His Majesty then granted his indemnity, and the remainder of the prisoners were liberated.

AN

HISTORICAL ACCOUNT

OF THE ADVANTAGES THAT HAVE ACCRUED TO BRITAIN BY THE SUCCESSION IN THE ILLUSTRIOUS HOUSE OF HANOVER.

Pro Rege sæpe, pro Republica semper.

(From a pamphlet-London, re-printed MDCCXLV.')

As the general prosperity of every country redounds to the advantage of the several individuals in that community, for the same reason every private man must be more or less a sharer in those calamities that attend it: this I take to be the foundation of that curiosity which prevails in most men to enquire into the state and condition of their country, and into the management of public affairs, there being nothing more natural than to enquire into the causes of those events wherein we think our interest is concerned. Indeed, when things run on prosperously, and every body enjoys his liberty and property in such a latitude as . flows from a regular administration; and when meu are convinced of the capacity and integrity of their governors, this curiosity is not a little rebated, and they are then inclined to acquiesce in No VII. 3 K

Historical Account of Britain's advantages

those public benefits, without any farther enquiry into the secret springs and causes from whence they flow. But, on the other hand, if it evidently appears that the interest of the public is entirely neglected; trade given up and sacrificed, though it be the very vitals of the Common-wealth; foreign wars engaged in, though notoriously destructive of the public welfare, and all other means and arts laboured, in order to impoverish and exhaust a country; such a crisis as this will infallibly raise a curiosity in the injured, to pry into the conduct of their superiors, and the causes of so much misery; this, they think, their sufferings give them a right to do.

But the misfortune is, that the opportunity falls not to every man's lot to discover the true origin whence the misfortunes of his country proceed: for things of this nature but pass through a few hands, and those commonly none of the honestest, it being their interest to conceal, as well as to act the crime; yet we find that things, even of this sort, have often been brought to light, either through a remorse of some of the superior agents, or the honesty of the inferior; for sometimes it happens, that such have had the public good of their country more at heart than their own private gains. And though instances of this nature are very uncommon, yet I doubt not but I shall be able to convince every true Briton, and some false

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