lucky thing for me that he had purchased the came to me, and had me in private, and told interest of the said Flanigan, whom he named me I should be sent for again to be examined by the name of Mr. Friend; and said such the next day, and then produced the said papurchase cost him fifty pounds, in order to get pers, and made some amendments, and deat all the secrets of the said managers; and told sired me to stick to it. The next day I was me the said Friend was very great with the carried to sir Joseph's, alderman Chitty was said Noads, and all of them, and without his there; Goddard, Lock, and the said John interest, my life could not be saved. He said, Wilkinson, attended; and Wilkinson shewed be was master of all that passed between me me a subpoena he was served with by Noads, se and Friend, and said that Friend could and to prosecute me at the Old-Bailey; and Godwould prove the forgery against Carter and dard there asked me several questions, as did Noads, as well as I, and that I might freely also the justice; and the answers I gave, were speak to him; and said, that Friend was to be calculated by the false counsel, instructions, subpoenaed as an indifferent person against and advice the said Goddard and Friend gave Noads, and that he would swear that Noads me, without doing which, they assured me, my wrote the said name Dinish Collins, and that life could not be saved. I was sent back, GodFriend had seen the said will in the Commons, dard frequently came to me, and advanced me and could prove the body to be my hand-writ- money from time to time; and one morning thing; and expressed himself much in the same he told me he had thought of a thing which manner as Friend had repeated, before he told would prevent the bill being found against me, me that Friend acted as attorney for commo- which he afterwards told me was, that the dore Walker: he gave me a crown, and said forged will was proved at the Commons, as the he would call again. He came the next day, will of John Wilkinson, who belonged to his and expressed himself to the purport aforesaid, majesty's ship the Princess Amelia. The day and said he would call the day after; and the bill was thrown out by the grand jury, that charged me at my peril, not to write to the was preferred against me, soon after Goddard said Mr. Belchier: then went away, and neg- came to me, and told me, that alderman Chitty lected coming according to promise, which made it appear to the grand jury, I was admade me very uneasy in mind, and induced mitted an evidence, and that the bill was thrown me to write a letter to the said Friend, pur- out; and told me, I should be sent for the next porting, I thought it was a scheme laid be- day to Guildhall, to swear to a paper that was tween him and Goddard to take away my life; drawn up, and prepared according to form in and that I would write to Mr. Belchier. Soon law, and said, he would shew it me at Guildafter, Goddard came to me, and told me of the ball. The next morning I was sent for to said letter, and said it frighted him and Friend, Guildhall, where Goddard attended before the and desired I would not write in that manner sitting alderman came, and called me into a any more, assuring me I need not be afraid, closet there, and took out a paper, and gave and requested I would not communicate to any me to read, and said, he had got it drawn up, body what passed; telling me I was safe. He and that it was what I must swear to, in order then took a paper out of his pocket, which he to save my life; and said, I must stick to that read to me, purporting what I was to swear He went out paper, or my life would be lost. to; and told me I had no business to deny it, of the room, and Mr. Lock came in, and said, for Friend knew it to be true, and that he would Mr. Murphy, was you not afraid before the also prove it; and said, the same seal which bill was thrown out? I replied, I was. He was to the will, Friend assured him was the then said, You are a free man, and desired said Noads's. He then took another paper out me to consider what I was about. I had not of his pocket, and got me to sign it, purport- time to converse with Mr. Lock, to know how I ing to be admitted an evidence, and addressed was free, before Mr. Goddard came in, and into alderman Chitty; he wrote something more terrupted us; and Lock and Goddard went out, to the other paper he brought, and said my and Goddard soon returned, and desired me not irons should be knocked off, and assured me it to speak to Mr. Lock, or to the alderman, but was by Mr. Belchier's directions that 1 was to swear to that paper; and said, he would ironed, that I might easily judge by that what give Mr. Lock half a guinea for his trouble. I they were upon; assuring me of his friend- was soon after brought into the room where ship, and went away. The next morning he alderman Chitty was, and some other person, came, and told me I should be sent for to sir and was sworn to the said writing, which 1 Joseph Hankey's, and that my irons should be never saw, till produced in the said closet, and taken off, which accordingly were. He then declared such writing was calculated by the read over the said paper he had so first pro- said Goddard. I was sent back. Goddard duced as aforesaid, and desired me to recollect came to me, and produced a paper ready the contents, when examined; and to stick to drawn, which he desired me to copy in my it, otherwise my life would be lost. I was car- own hand, which was of his band-writing, and ried to sir Joseph Hankey's, and in the pre-directed me to give it to the judge or recorder sence of alderman Chitty, Goddard appeared, and Mr. Lock; Goddard took out the said paper, and asked me several questions, as did also the justice, and sent me back: Goddard at the Old-Bailey, the next day, which he said would clear up all to satisfaction. I copied the same, and the day after delivered it at the OldBailey to the recorder, and was sent back to t he Compter. Goddard came there to me, and directions with his brother to give the money, asked me what passed: I told him I had de- and desired Mahony, when he got the money, livered the paper as he directed. That God- to come to me, in order to take out such action. dard and Mr. Woodman had a pint of wine to- The said Mahony also told me, he had received gether, and had some conversation in respect the 15s, which he offered to give me, and said of having me detained in the Compter, and it he would not take out any such action, as I was agreed a friendly action to be laid, which was not indebted to him in any sum that Goddard assured me was in order to preserve amounted to an arrest: then I pressed and inmy life, assuring me, if I went abroad, I should treated the said Mahony to bring such action, certainly be knocked on the head, poisoned, or as it was intended to save my life, and told a robbery sworn against me, by the contrivance him I would give him a promissory note for of the said managers, to prevent my evidence. as much as he was to take the action for, and Goddard put me on the master-side, for which he would be safe in so doing, which he then he paid Woodman. I grew very uneasy at complied with; and I drew a note for 5 or 64. not being at my liberty. As the bill was which I antedated, payable to him or order; thrown out, and I admitted, as Goddard told and it being then too late to take out any acme, a king's evidence, being in a bad state of tion, in a night or two after Mahony came health, of the gaol sickness, of which many again to me, and 1 directed him to go to the died, I requested Goddard, when he came office and lodge such action, which he did; again, to have me bailed out, and sent into the and he afterwards gave bim 15s.-That the country, to the same place where he kept the said Mr. Friend, at different times, came to me, said Mr. Wilkinson; at which Goddard seemed and assured me he would attend at the trial, uneasy, and declared he knew of no place in and swear that Noads wrote the said name England so safe to preserve my life as the Dinish Collins; and he also assured me, that place where I was, and repeated as aforesaid, if I went abroad before the trial was over, I that if I went abroad before I was examined as should be murdered or poisoned, or have a rob a witness, I should certainly lose my life; and bery sworn against me, by the contrivance of promised to get me on the debtor's side, with the said managers. That Goddard frequently the assistance of Mr. Woodman, provided I came to me, and kept me full of spirits, assur could get a friend that could be confided in to ing me I should be an evidence against Noads keep things secret, who would bring a friendly and Carter; and if Thomas Williams, who action against me, and promised he would al- was the supposed executor of the said Wilkinlow me a shilling a day, and pay for my lodgson, and went by the name of John Daunt, ing, till discharged; at which I was more reconciled to stay than I was before, apprehend. ing what Goddard had so represented was intended in order to preserve my life. I then told him, that I believed Timothy Mahony, who was my relation, and whom Goddard knew, and was in the secret, would be the only proper person to bring such action. Then Goddard took a direction where the said Mahony lived, and told me, he would go to him. The said Mahony came to me in a day or two after, and told me, Mr. Goddard had been with him, and addressed himself to him, by telling him, he had something to say to him to save my life, and wanted him to go and swear a debt against me, in order to keep me on an action in the Compter: and that he assured him, that though the bill was thrown out against me, yet if I went abroad, I should be knocked on the head, poisoned, or a robbery sworn against me, and that my life would certainly be taken away, by the party who were against me. The said Mahony told me he said to the said Goddard, he would not take such an oath on any account: and that Goddard asked him, Would he not do such a thing as to take an oath to save my life, being my relation? and said, he told the said Goddard, he would not take a false oath for the world. And that Goddard, at length, by many fair speeches, importuned him to go to take out such action, and had directed him to his brother's house in St. Christopher's church-yard, for 15s. on that account, and promised to leave should not be produced on my trial, the said 이 kept it secret, in case my life could not be saved, I should be decently buried, provided would send back to him signed the false con fession, which he sent me in his own hand writing, as also another writing that would be sent me. Mr. Vicors, chaplain to the Spanish | so to do; and, as a dying man, being desirous ambassador, being my father, this day told to discharge my conscience, have made this me, that he dined with the same James God- declaration, which is nothing but the truth. dard yesterday, and that he had desired him to Given under my hand, from my cell in Newbring back to him from me the said confession, gate, the 27th of January, 1758. and proposed to send by him another writing "TIM. MURPHY." to be signed by me, which the said Mr. Vicors told me he informed the said Mr. Goddard he would not be any wise concerned therein; but he said he would charge me to make an open confession of the truth before life parted. And I declare the said Mr. Vicors advised me Present, “ WILLIAM HAWKINS, "ISAAC DOnston. He was executed at Tyburn, Monday, Feb. 12, 1753. 534. Proceedings against Dr. ARCHIBALD CAMERON, at the King's Bench, May 17th, on the Bill of Attainder passed against him 19 Geo. II. for being in the Rebellion 1745: 26 George II. A. D. 1753. : THIS Dr. Cameron was younger brother to Donald Cameron of Lochiel, and son of Evan Cameron, who was in the rebellion in 1715, and was one of the seven that came from France with the young Pretender, and who, on their landing in July 1745, went to the house of Donald Macdonald of Kenloch Moidart, and from thence orders were issued for the clans to join the young Pretender on which Donald Cameron, after much intreaty, waited on him, and expressed his surprize to see him so weakly attended, and refused to raise his clan, till the young Pretender could produce in writing the French king's resolution to assist him with a proper number of forces, &c. and being assured that he would, be summoned his clan, and set up his standard with this motto, Tandem Triumphans, At length Triumphant; though, at the same time, he told the young Pretender, that his scheme was so ill concerted, that he feared no success would happen from it, and that the issue of it would be the ruin of his friends; as in the end it proved. "Dr. Cameron was in himself of a quiet and peaceable temper; and, had he not been brother to Lochiel, it is very probable he would never have gone into the rebellion. "His father gave him the best education Scotland could afford, designing him for the bar; which profession he did not like, and applied himself to the study of physic and anatomy, and put himself under the direction of Dr. Alexander Monro, of the university of Edinburgh, a gentleman of established reputation; and when he had acquired a competent skill in anatomy, be applied himself to physic, and was instructed therein by Dr. Sinclair, a gentleman very eminent in the faculty; after which he travelled abroad, and studied in those • From the Historical Account of his Life, published at the time of his death. Former Edition. branches at Paris; and after staying some time there, returned to Lochaber, and married a young lady of the name of Campbell, by whom he left seven children. "This Dr. Cameron might have made a considerable figure in his profession, had he settled at London or Edinburgh; but chose his residence near his brother's, among the Highlands, where he took great pains to cultivate the minds and manners of the Highlanders, who by his means were greatly improved. He was a man of no ambition, but of an easy, quiet temper. His chief business in the rebel army was to attend his brother, and to assist him with his skill, if any accident should befal him in battle; and he did attend not only several of the wounded rebels, but likewise several of the king's troops that fell wounded into the hands of the rebels. But the battle of Culloden put a final end to the rebellion, and all the Pretender's hopes, and ruined vast numbers of families, that put their trust in French faith: Lochiel was wounded in the ancle in the battle, and carried off by his clan, and attended daily by the doctor his brother, wandering about for some time after the battle; till at last the young Pretender, Lochiel, his brother the doctor, and some other of his followers, embarked on board a vessel in the harbour of Flota in the isle of South-Uist, and landed at Boulogne in France about the middle of September 1746, to their great joy, having suffered innumerable hardships. "Lochiel had immediately a regiment given him by the king in the French army, and the doctor was made physician to it; but on the death of his brother, in September 1748, he was appointed physician to lord Ogilvie's regiment, then quartered at Lisle in Flanders. "About the year 1749, a collection was made among the Jacobites for their friends abroad; and, it was said, Dr. Cameron came over, and received a part of it: after this another collection was made for these unhappy people; and the doctor represented, that his pay would not keep him and his family but, after many solicitations,receiving no satisfactory answer, he came over himself to Scotland, and was there discovered, and was seized by a party of lord George Beauclerk's regiment, who were sent from the fort of Inversnaid in search of him, and brought prisoner to Edinburgh, March the 26th, 1753; and being brought before the lord justice clerk, he told him, You are the only man in your circumstances, that ever I had occasion to speak to since I have been engaged in business, whose answers to me could be of no prejudice to him; because you are to be carried to London, and there are witnesses ready to appear against you at the Court of King's-bench, to prove that you are the identical Dr. Cameron, mentioned in the bill of attainder: this will condemn you, and you are to have no other trial.-This struck | him; and, after some pause, he replied, That he did not come over with any political design, but only to transact some affairs relating to Lochiel's estate. "Upon his arrival at London, he was examined by the council at the Cockpit, and committed prisoner to the Tower." DOCTOR CAMERON'S CASE. [Foster's Crown Law, 109.] PLEAS before our lord the king at Westminster of Easter Term, in the 20th year of the reign, &c. "Amongst the Pleas of the King. 66 Roll. England. Our present sovereign lord the king hath transmitted to his beloved and faithful sir William Lee, and others his fellows justices, &c." [as in the case of Mr. Murray, of Broughton, mutatis mutandis. See it in the Trial of lord Lovat, vol. 18, p. 637.] Dr. Archibald Cameron, who was one of the persons attainted by the act of the 19th of the king, was, on the 17th of May 1753, brought to the bar by Habeas Corpus directed to the lieutenant of the Tower; and being arraigned by the secondary on the crown side, the writ of Mittimus, with the Certiorari, and return, were read to him by the secondary. The attorneygeneral then prayed that execution might be awarded; and the secondary demanded of the prisoner, what he had to say why execution should not be done upon him? The prisoner, who, during the whole time he stood at the bar, behaved with great propriety, not insensible of his condition, nor greatly disconcerted, said, That he was led to take a part in the rebellion against his own judgment and inclination, by some upon whom his all depended: that he still flattered himself he should appear not unworthy of his majesty's mercy; and mentioned some facts which he hoped might intitle him to it. He said, he did not offer these things as a defence he relied on in point of law, but as facts which he hoped might have some weight in another place, for he was determined to throw himself entirely on his majesty's mercy. Whereupon proclamation being made for silence, the chief justice after a short exhorta. tion to the prisoner, pronounced the usual judg ment in case of high treason, as an award of execution grounded on the act of attainder. And a rule was made for his execution on the 7th of June, and writs for that purpose to the lieutenant of the Tower and the sheriff of Middlesex were ordered, as in the case of Mr. Ratcliffe, vol. 18, p. 430. The Court, in pronouncing judgment in this case, followed the precedents in the cases of Humphrey Stafford, (1 H. 7, 23. 25) and of Barkstead, Okey, and Corbet, (1 Sid. 72. 1 Lev, 61,) vol. 5, p. 1301. The cases of Holloway and sir Thomas Armstrong, in Charles the 2nd's time, vol. 10, p. 105; and of lord Griffin,* in the late queen's time, were mentioned at a conference among the judges of the King's-bench on this occasion; but little regard was paid to them. For in Holloway's, which was the leading case, the opinion of the Court seemeth to have been given hastily, and against the sense of the bar. And in lord Griffin's case, chief justice Holt, who was at that time absent, was of a contrary opinion, and, as I have heard, constantly persisted in it; and I do not see how an attainder by outlawry at common law, is, in this respect, distinguishable from the case of au attainder by act of parliament, which, in the present case, is but in nature of a parliamentary outlawry. The CASE of LORD GRIFFIN, from a MS. Lord Griffin, who had been outlawed for high-treason, was this term brought to the King's-bench; and the whole record of the indictment and outlawry was read to him, and he was demanded, if he had aught to say why execution should not be done; and he no making any material objection, the Court or dered execution to be done. But note, sir James Montagu, solicitor general, (there being then no attorney-general) prayed that judg ment as in case of high-treason might be pronounced; or that at least it might be entered on the roll in the award of execution: and said this was the opinion of Holt, chief justice, then at Bath propter Egritudinem. But Powell and the Court held, that the award of execution should be general; for the judgment in the outlawry implieth all the particulars, and no second judgment ought to be given. And so they said it was held in the cases of Holloway and sir Thomas Armstrong. Mes per auters dubitatur, quia le Livre del 1 H. 7, fo. 2, est contra; and it was said that in the case of Barkstead, Okey, and Corbet, the Court followed the precedent of that book. As to lord Griffin, see a Note to lord Lovat's case, vol. 18, p. 854. Indeed, in cases within the act of the 19th of the king, c. 34, where the proceeding is upon a suggestion on the roll, that the prisoner did not surrender to justice pursuant to that act, the constant course hath been to award execution, without pronouncing sentence of death, as in cases of felony: but that practice is grounded on the words of the act; "And it shall be lawful for the Court to award execution against such offender, in such manner as if he had been convicted and attainted in the said court.” 'teriora sua extra Ventres suos et eorum cujuslibet capiantur, ipsisque Viventibus comburantur, et Capita eorum et eorum cujuslibet am'putenter, et Corpora eorum et eorum cujuslibet in quatuor Partes dividantur, et quod Ca'pita et Quarteria illa ponantur ubi Dominus 'Rex ea assignare voluerit, &c.' "On Dr. Cameron's receiving sentence, he made a genteel bow, and only desired he might have leave to send for his wife, who, with seven children, entirely dependent on him for support, were at Lisle in Flanders; which was granted. He said, that in 1746 he came from France to surrender himself, agreeable to the proclamation, but was prevented by an accident happening in his family. He behaved with great resolution and decency before the Court.* 'neral' pro dict' Domino Rege superius allegavit, &c. et ulterius quæsit' est de præ'fat Jobanne Barkstead, Johanne Okey, et Milone Corbet, separatim, si quid ulte'rius pro se habeant vel dicere velint necne, 'qui Nihil dicunt &c. Ideo considerat' est quod prædict' Johannes Barkstead, Johannes 'Okey, et Milo Corbet, ducantur, et quilibet ' eorum ducatur usque Turrim London, et deinde per medium Civitat' London directe usque ad Furcas de Tyburn trabantur, et " quilibet eorum trahatur, et super Furcas illas The record in the case of Barkstead, &c. ibidem suspendantur et quilibet eorum suswas searched, and the judges bad copies of it.'pendatur, et Viventes ad Terram prosternanIt is of Easter term, in the 14th of king Charlestur, et quilibet eorum prosternatur, et Inthe second; it agreeth, mutatis mutandis, with the record in Mr. Murray's case, [vol. 18, p. 637,] and after setting forth the act of parliament by which the prisoners stood attainted, it proceedeth, Et modo scilicet die Mercurii prox' post Quinden' Pasch' isto eodem Ter*mino coram Domino Rege apud West' veniunt prædict' Johannes Barkstead, Johannes Okey, Set Milo Corbet, per Johannem Robinson Mil. * et Bar. Locum tenent' Turris London', virtute Brevis Domini Regis de Habeas Corpus 'ei inde direct' ad Barram hic duct' in propriis personis suis (in cujus Custod' præantea ex Causis prædict' commissi fuerunt) qui committuntur eidem Locum tenent' super quo quæsit' est per Cur' de eisdem Johanne Barkstead, Johanne Okey, et Milone Corbet si quid pro se habeant, vel dicere sciant, quare Cur' hic ad Executionem de eis et eorum quolibet procedi non debeat, Separatim dicunt quod ipsi non sunteædem Personæ, nec eorum aliquis est eadem Persona, quæ de alta Proditione prædict' in Actu Parliamenti prædict' specificat' Convict' et Attinct' existunt; et hoc parat' sunt verificare prout Cur', &c. unde petunt judicium &c. et Galfridus Palmer Mil. et Bar. Attornat' Domini Regis Generalis qui pro eodem Domino Rege in brac Parte sequitur præsens hic in Cur' pro eodem Domino Rege dicit, quod prædict' Johannes · Barkstead, Johannes Okey, et Milo Corbet, ' modo comparent' sunt eædem Personæ, 'et quilibet eorum est eadem Persona in prædict' Actu Parliamenti nominat' qui de alta Proditione prædict' Convict' et Attinet' existunt, et hoc pro Domino Rege petit quod inquiratur per Patriam, et prædict' Johannes Barkstead, Johannes Okey, et Milo Corbet, similiter, &e. Ideo iminediate veniat inde Jurata coram Domino Rege ibidem, &c. Et Juratores Juratæ prædict' per Vicecomit' Middlesex prædict' ad hoc impannellat' exact' veniunt, qui ad Veritatem de præmissis dicend' elect' • triat' et jurat' dicunt super sacramentum saum, quod prædict' Johannes Barkstead, Johannes Okey, et Milo Corbet, sunt eædem Personæ, et quilibet eorum est eadem Persona in prædict' Actu Parliamenti nominat' = qui de aliâ Proditione prædict' in Actu Par➡ fiamenti prædict' Convict' et Attinct' existunt, prout prædict' Galfridus Palmer Mil. et Bar. Attornat' Domiui Regis nunc GeVOL. XIX. "During the interval between the sentence and his execution, his wife used all possible means to obtain a pardon, by delivering a petition to his majesty, another to her royal highness the princess of Wales, and to several of the nobility, but without effect: for, on Thursday, June 7th, about ten o'clock in the forenoon, he was brought out of the Tower, guarded by a party of the horse-guards, and delivered to the sheriffs of London and Middlesex. As soon as he was out at the Tower-gate, he was put into the hurdle, to which he was fastened by the executioner. In this manner he was drawn through the city, attended by sir Richard Glynn, one of the sheriffs, and under the care of the sheriff's officers and constables, to the place of execution. Sir Charles Asgill, the other sheriff, left the prisoner at the Tower. "The doctor being arrived at the place of execution, and helped into the cart, desired to speak to the sheriff, who came to him: the doctor intreated the favour of him, that he would give orders to let his body bang till he was quite dead, before the executioner began his further operation, and the sheriff promised to oblige him in his request; and accordingly the body hung three quarters of an hour before cut down, when no remains of life were in him. "While in the cart, a gentleman in a lay habit came and prayed with him, and then left him to his own private devotions; by which it was imagined the doctor was a Roman Catho * From Hist, Account of his Life, p. 27. 3 B |