O • Tueſday Morning, about 11 a Clock, the Priſoner was conveyed in a Mourning Coach to the place of Execution, attended by two worthy Divines of the Church of England, as alſo by one Gentleman, who was his Friend, beſides a Hearſe to bring back the Body, in order to its being interred: Being put into a Cart, out of the Coach, he ſpake to this effect,

Gentlemen, I ſuppoſe you are not ignorant for what I am brought here to dye, which is for being Acceſſary or Conſenting to the Stealing of Mrs. Mary Wharton, in company of Captain James Campbel, and one Mr. Montgomery: But, Gentlemen, I ſaw nothing in the whole Affair but what I thought was Juſtifiable by the Laws of this Kingdom, yet it hath pleaſed the Laws of this this Kingdom to find me Guilty; which Laws I was before ignorant of, as to this Caſe. Gentlemen, I ſhall not have time to talk of the Ignorance I have been bred up in, I never was bred at Court, neither have I been a Scholar but a Soldier, and indeed there is little Learning to be found in ſuch who have been bred in the Army.

Gentlemen, on Friday the 10th of November one Mr. Montgomery and Captain Campbel, came to my Lodging, with an Hanch of Veniſon, and Mr. Montgomery told me, That it was to treat one Madam Bierly and her Daughter, Perſons that I never ſaw before; yet I was perſwaded by them to be a Witneſs to this Marriage. Then we went to a Coffee-houſe. and drank two Bottles of Mum, but ſaid nothing material to this Point there, as I can remember of. Then we parted, and I met them both at a Coffee-houſe near to Mr. Montgomery's Lodging at 6 a Clock at Night, where was C. Campbel; a little after came in Mr. Montgomery, and clap'd his Hand on Captain Campbel's Shoulder, ſaying, The Buſineſs is done. Then about 9 a Clock, or a little after 8, I do not know exactly, Madam Bierly's Coach came and carried them away. Then Capt. Campbel called his Coach and 6 Horſes, and ordered the Coachman to drive to Queen-ſtreet, and there it ſtopp'd; and the young Lady was brought into the Coach, and ſhe was very Voluntary, Frank and Free, and began to ask Capt. Campbel, If he was the ſecond Brother of the Lord Argile? What his Anſwer was I am not poſitive, but ſhe told him, That ſhe knew ſeveral of his Brothers, and that my Lord Argile was married to the Dutcheſs of Lauderdale's Daughter: And this made me think, That this muſt have been with a Voluntary Conſent, viz. to marry this Gentleman.

When we came to the Coachman's Houſe (for I knew nothing where I was going) Capt. Campbel led her up Stairs, and ſhe went with all the Freedom that a Woman could, or is poſſible to be expreſſed: Then they came before the Parſon, and the Parſon declared in Court, That they themſelves ſpake to her, That there ſhould be no Force uſed, but that ſhe did it wholly by her own Conſent. Well, when the Ceremony came to be adminiſtred, ſhe ſpoke the Words with ſuch a loud Voice, that there was none in the Room but what could hear her: After this ſhe found ſome Fault with • he Wed •• ng Ring, which was too big, ſays Cap. Camp ••• 〈…〉 , I will have it changed: No, ſays ſhe, I will 〈…〉 for it is not lucky to change Wedding Rings 〈…〉 a • ter ſhe had a Ribbon to make it leſs, and then 〈◊〉 put it on again. Then we • upped; • nd after Sup ••• the Parſon ſaid, It is fit that we ſhould pray before 〈◊〉 go to Bed; ſhe ſaid yes, with all her Heart, and the Parſon mad • 〈◊〉 very good Prayer. After this we undreſſed the … man, and by that time the Lady was in Bed we came in with him, and he went into Bed to her; and after the uſual Ceremonies upon theſe occaſions were ended, we left them, and indeed I ſaw nothing in her Deportment but was frank and free, but for the inward Thoughts of her Heart, what they were I could not tell. In the Morning ſhe ſaid that ſhe reſted very well: Then, I think, I did adviſe her and the Company, That ſhe ſhould write a Letter to her Aunt, that ſhe might not take care for her; ſhe took the Pen and Ink and writ theſe Words,

Then Mr. Montgomery asked her, if ſhe would dine at Pontacks; no, ſays ſhe, I had rather go to my new Lodging: Mr. Montgomery ſaid, you had better go to Pontacks. Gentlemen, I think here is none here but knows Pontacks, it is one of the greateſt Ordinaries in England. We took Coach about 10 or 11 a Clock, Mr. Montgomery told her, That his Wife ſhould come and dine with her; and, ſays he, drive to Pontacks and I will be with you preſently, and bring my Wife with me, but he did not come preſently, ſo Pontack asked us if we would have the Dinner, becauſe it would be ſpoiled; ſo we had it, and when we began to eat Mr. Monrgomery came in, and made his Apology, that his Wife could not come.

All • his while I perceived no alteration in her Behaviour: So after Dinner they went and took a n … Lodging in Newgate-ſtreet, but I did not know of i • 〈◊〉 afterwards; he was a great while gone; at laſt ſhe 〈◊〉 What, hath Mr. Montgomery left me, and will not 〈◊〉 Wife come near me? and then ſhe began to be a lit ••• concerned, but after ſhe was better, and then we went to her Loding in Newgate-ſtreet, and there was every thing in good Order, and we went to Cards at L … tra-lue for 6d a Dozen; and then at Night it was •• k'd her if ſhe would go to bed, and ſhe readily conſent •• This was the ſecond Night, and I opened the Curtain and look'd upon her, and ſaw nothing of any diſcompoſure in her, but an equal Satisfaction in both their Faces.

The next Morning my Lord Chief Juſtice's Order came out to take Mrs. Wharton, whereever ſhe could be had; then the Landlord told Captain Campbel of it, That there was a Meſſage came to him for his Wife: then it was after adviſed that we ſhould retire, and I put on my Cloaths and came down Stairs; and found Captain Campbel gone, and ſhe was dreſſing her ſelf, but I ſaw no Concern in her; then I went to a Coffee-houſe, and ſmoaked a Pipe, and then came back again, and found that ſhe was carried away. And Gentlemen, take notice of this, pray now, what ſhe ſaid to the Landlord before ſhe went; 'Tis true, ſays ſhe, that what I have done is by my own Conſent, but, however, I cannot love him, and therefore will not live with him, b •• I will not hurt one Hair of any of their Heads. This the Gentleman, the Apothecary in Newgate ſtreet, told me himſelf. The next Sunday after this I ſent one Mr. A • ••• re to my Landlord's Houſe (meaning the Apotheca ••• s) to take me out ſome Linnen out of my Chamber; and he told me, when he came back, That there was none but the Maid at home: Then ſays I, I may go the more ſafe, and • ake out, ſome Linnen my ſelf: So I went to the 〈◊〉 , and ſaw my Landlord and Landl • dy, who told 〈◊〉 with all imaginable Expreſſions Kindneſs, That I ſhould be ſafe; but when I went in I was immediately taken by the Conſtables there. This is the Truth as near as I can ſpeak it. Gentlemen, I tell you, as I am a Dying Man, that I never ſaw any thing done by Force, neither was there any Intentions to force any thing upon this Gentlewoman contrary to her own Inclinations: But indeed it is true I was a Stranger to the Laws of England, which ſays, That an Acceſſary ſhall be found Guilty as well as the Principal.

Here he ſtopp'd a little, the Divines ſpeaking to him—then went on.

Gentlemen, I had forgot one thing until theſe Reverend Divines put me in mind of it: Mr. Montgomery told me, That he would aſſure me there ſhould no Damage fall upon me in the whole matter, when I was invited to the Wedding. I told him, That if I thought there were any Evil Deſigns in it, I would ſacrifice my ſelf before I would have any Hand in it.

Now Gentlemen, give me leave to give you a little Hint of the Hardſhips that I have met with ſince my Impriſonment, though, by the way, I do not at all reflect upon the good Conſtitutions of the Laws of this Land, nor upon the King, Judges nor Jury, but only to ſome Paſſages that occurred upon my Tryal.

Firſt, When I was brought before the Judges, I ſubpena'd in Mrs. C. and her Maid; who knew the thing before I knew of it, when I brought them in, as to be Witneſſes for me, they were immediately indicted and brought in as Criminals, ſo that their Evidence could not avail any ways for me. And more, which is a little hard, the Coachman was brought in, and they Acquitted him to bring in his Wiſe a Witneſs againſt me, this is hard.

Now, Gentlemen, there is another Hardſhip, though not equivolent to this, When Mrs. Campbel was ſick, that was not taken notice of, but when Pontack was brought to witneſs, That there was no Force at all uſed to this Lady, Pontack (I pray God forgive him, I freely and heartily do) then ſaid, That he ſaw a Diſcompoſure in her Face: which I take God to witneſs, that I ſaw no ſuch thing, and when this Man came in, he declared quite contrary: Nay, the Serjeant at Law ſtood up and ſaid, What? I warrant you are a Scotchman. Yes, ſays I. Yea, ſays he, I thought ſo. So that I ſay, why ſhould a Man meet with that Hardſhip becauſe he is a Stranger or an Outlandiſh Man? And I cannot call my ſelf an Outlandiſh Man becauſe I am the King's Subject. I deſire, Gentlemen, that you would take this as from a Dying Mad, I ſpeak it becauſe I would not bring a Diſgrace upon my Family, and I deſire that you would conſider of all the Tryals that I have met with; not that I do (as I told you before) find any Fault, or any ways arraign the Conſtitution of the Law or Juſtice of the Nation, no I would not do that by any means.

And Sirs, in the Printed Papers they have wronged me, and have done me a great deal of Injury in them, for they accuſe me, that I ſhould commit a Rape in Cheſter: Who did this I know not, God forgive them.

I will declare the Truth how it was. I was going to the Caſtle at Cheſter, in the Night-time, I found a Man and a Woman in the way, and I ſaid to one of my Footmen, That it might be that thoſe were ſome of the Perſons that had abuſed my Sentry at their Poſts, for my Sentry were wont to be much abuſed, this provok'd me to endeavour to ſeize this Man, but I could not catch him, then I ordered my Sentry to take care of the Woman till Morning, leſt ſhe ſhould be one of them that did abuſe my Sentries: The next Morning ſhe told me. That the Man ma •• Suit to her to Marry • er; but ſome time after, about a Week or 10 Days, as I remember, but it was a more conſiderable time than the Laws of England provide in t • at 〈◊〉 for the Law ſays, That if a Woman is raviſhed ſhe muſt cry out, b •• this ſhe did not do for many Days after, till I was gon • to London, and then ſhe ſwore a Rape againſt me. Whe • I heard of it I writ to my Lieutenant to bring in proo • that I never did any ſuch thing to her: After which 〈◊〉 went to Cheſter, and finding it true, I ordered Poſt horſes to be made ready to come to complain to the King of the Injuſtice that I had done me in this Caſe: The •• ſhe ſaid, If ſhe had a little Money to carry her to Ireland, ſhe would clear me in this Caſe, and declare th • Truth; then I gave her 5 l. to declare the Truth, which ſhe gave under her Hand, and the next Day I preſented this to the Mayor, and I deſired the Laws might be pu • in execution againſt her, but ſhe was gone. Gentle men, this is Truth, concerning this Rape, that I nev •• had any Hand in ſuch a thing.

There is another thing out that they have thrown upon me, and that is, That I ſhould be concerned i • ſuch another thing as this in Holland: Gentlemen, there is one Mr. Sayers by name, Servant to one Mr. Swinford he was in the ſame Town with me, in Ʋtrecht, 6 Months he and many more will juſtifie me as to this, That the World have injur'd me, and done me much wrong.

Gentlemen, I muſt now exhort you to be careful for the Salvation of your own Precious Souls. Gentlemen, he that has been bred a Soldier has not lived ſo ſtrict to the Rules of Chriſtianity as ſome other Men. I muſt confeſs, That I have left undone thoſe things which I ought to have done; and I have done thoſe things which I ought not to have done: But however, Gentlemen, le • me intreat you, yea all of you, That you would remember your latter end; I pray God that none of you all may come to an untimely end; yet remember that you muſt come to an End, your Time muſt have a Period. I bleſs God my Life and Converſation has not been ſo odious and obnoxious to the World, nor, (I hope) in the Sight of God, but that I have Conſidence in his Mercy; and I hope that thoſe Divines that have bee • with me can juſtifie, That there is nothing that hath come from me, but what hath proceeded from a true and a penitent Heart; and I beg that you would offer up your Prayers to the Throne of Grace for me, becauſe no Man can ſay that he does not want the Prayers o • the Righteous, for God bids all Men to pray and not to faint.

Well Gentlemen, he that made Heaven and Earth keep and defend you from all Misfortunes, from the Power of Death and Hell, and then you need not fear, for Chriſt is able to ſave to the uttermoſt, all that come to him, therefore offer up your Prayers, not only for your ſelves, but for me who is a Dying Man.

Then the Miniſters prayed with him, afterwards he prayed privately, without Book, for himſelf, then be read two Prayers out of a Book, entituled, A Form of Prayer for Priſoners, and then he read the 51, and 10 • Pſalms; then he prayed again for himſelf, and afterwards ſtood up, and put on his Cap himſelf; after the Rope was about his Neck and faſtned to the Tree, he took his final Leave of all the Spectators in a moſt humble manner, recommending them to the Merciful Protection of Almighty God, deſiring the continuance of their Prayers to the laſt Breath, hoping they would be ſo charitable as to joyn with him, becauſe the Prayers of the Faithful were of great Efficacy, and availed much.

And indeed in all his whole Deportment, from the Priſon thither, end in the time of his being there, he behaved himſelf with great Humility towards God, and very exemplary towards all; which drew great Lamentations, and cauſed much concernedneſs to appear in the Phyſiognomies of all that behold him.

After he had given the Signal the Cart drew away the Priſoner praying to God, and holding up his Han • ſ … ſ • all time after ſhe Cart was gone away.