Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 20 April 2014), Ordinary of Newgate's Account, November 1752 (OA17521113).

Ordinary's Account, 13th November 1752.

THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words, OF THE MALEFACTOR, Who was executed at TYBURN On Monday the Thirteenth of NOVEMBER, 1752,

BEING THE First EXECUTION in the MAYORALTY OF THE Rt. Honourable Crisp Gascoyne, Esq ; LORD-MAYOR of the CITY of LONDON.

NUMBER I. for the said YEAR.


Printed for, and sold by T. PARKER, in Jewin-street, and C. CORBETT, over-against St. Dunstan's Church, in Fleet-street, the only authorised Printers of the Dying Speeches.


[Price Six-pence.]

THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, &c.

BY Virtue of the King's Commission of the Peace, Oyer and Terminer, and Jail-Delivery of Newgate, held before the Rt. Hon. ROBERT ALSOP , Esq ; Lord Mayor of the City of London, RICHARD ADAMS , Esq ; Recorder , and other his Majesty's Justices of Oyer and Terminer and Jail-Delivery of Newgate, holden for the said City and County of Middlesex, at Justice Hall in the Old Bailey, on Thursday the 26th, Friday the 27th, Saturday the 28th, and Monday the 30th of October, in the twenty-sixth Year of his Majesty's Reign, John Simon and William Montgomery were capitally convicted, and received Sentence of Death accordingly.

The Behaviour of these two poor unfortunate People has been very quiet and peaceable since their Conviction, they both daily attended at Chapel, and appeared devout while Service was performing.

On Wednesday the eighth Instant Mr. Recorder attended the Lords of the Regency with the Report of the two Malefactors, when their Lordships were pleased to order William Montgomery for Execution on Monday the thirteenth.

At the same Time their Lordships were pleased to order, that John Simon should be respited till their Pleasure touching him should be farther known .

William Montgomery was indicted, for that he, at the General Sessions of our Lord the King, held at Guildhall, before Sir Robert Ladbroke , Knt . Lord-Mayor of the City of London, and others, did on the 27th of September, 1748, there swear, that he was beyond the Seas on the 1st of January, 1747, to wit, at Rotterdam, with an Intent to cheat and defraud his Creditors .

William Montgomery, whose unhappy End has been the Cause of the following Sheets, was about 42 Years of Age. He was born, he says, at Elphinstone, in the County of Stirling, in Scotland, and was bred up, as his Forefathers had been, after the Manner of the Religion of the Kirk of Scotland, which, in that Part of Great Britain, is the established Religion. His Parents kept him to School 'till he was about twelve or thirteen Years of Age, in which Time he learned to read, he says; but unhappily for him, he was so little accustomed to it since, that he much lamented his having forgot what his Parents did for him in his Infancy, in teaching him to read, the only Patrimony they were able to give him. This also gave him no small Uneasiness, as his Neglect of reading heretofore, rendered him when he most wanted it, less capable of reading good Books and Prayers, such as are necessary for all Men, but more especially for such as are in his sad Circumstances. He was naturally of a dull, sluggish Appearance, very ignorant and indocile, but seemingly very willing to hear Advice and Instruction; how far he profited in it I wont pretend to say; we are willing however to hope for the best.

When he was about thirteen Years of Age, his Father and Mother being dead, he took to the Sea , and stuck close to that Employment, till within these nine Years last, when, being married, he only now and then took a Trip to Holland, and set up a Publick House , that his Wife might have something to do in his Absence. He says he has formerly sailed to the East and West Indies, to most Parts of France, Spain, and up the Mediterranean, and had got some Money together before he married. He married in Bishopsgate-street, where he then lived. From thence he removed to the Highlander, in Fox's Lane, in the Parish of Shadwell; here his Wife dying, he found himself in bad Circumstances soon after, without any Beer in his Cellar, and so he thought proper to leave the Publick Business.

Afterwards he married again, and took a House in Nightingale-Lane, and let out Lodgings to Sailors , or any others he could pick up, and lived there for some Time; and then having got some Money, he set up in the Slop-selling Way, which Business he left to his poor Wife's Management; himself used now and then to take a Trip to Holland, by Way of getting a Livelihood for his own Support; and now he was removed into St. George's Parish, where he was at the Time of his being taken, and secured for the Fact he has been brought to Justice for.

After Conviction, he attended Prayers daily in the Chapel, and uponthe first Conversation about the Affair, he protested himself innocent, and that his Life was maliciously sworn away. He said, if he was to die immediately, he would still continue to say the same, which prevented me for some Time from saying any thing more to him about it, because I would not choose to oblige him through my Interrogations, to add repeated Falsehoods to the black Catalogue he had already to account for. However, in the End, I found such his Declarations of Innocence proceeded from some mental Reservations, and a Spirit of Prevarication, which was very strong in him.

For several Days from the Time of his Conviction, till the Day after the Warrant for Execution came to Newgate, which was Wednesday; he persisted in positively denying the Truth of the whole that the Evidence had given against him in Court. Even when he was told he was ordered for Execution on Monday, he only said;

'God's Will be done'; and after asserting his Innocency, as he hitherto called it, said, he should die very willingly.

As Death drew nearer, he was pressed more nearly to give a faithful Account of the Matter in Hand. For a-while he stood confounded, but persisted to affirm on Friday Morning last, that he was Abroad, and that he went away from Home on Christmas, 1747, and did not return till the Beginning of February, 1747. But still he prevaricated, and though Death stared him, as it were, in the Face, he had still Hypocrisy enough to put on the outward Penitent; but the Truth lay still latent in his Breast.

In the Afternoon, he changed his Note a little, and did own, that tho' he was not at Home from Christmas Day 1747, till after New Year's Day, he was not at Rotterdam then. And now the Matter was put upon another Footing, in which Light he owned himself the Justice of his Sentence; but yet there were some Points left behind, he did not as yet choose to reconcile his Mind to acknowledge, lest he should acknowledge the Truth of the Evidence in every Circumstance, as it stood against him. And he now began to tell his Story thus, That finding his Creditors pressed hard upon him, he left his Family with an Intent to go Abroad, but did not. And, in Order to make the World believe the Evidence given against him was not true; he says, that the last Day of December, 1747, he was at Chatham, from whence he purposed to set Sail for Rotterdam; but the Winds being contrary, he did not. And, he remembers this, he pretends, particularly from the Circumstance of his going next Day, the first of January, 1747, to Sheerness, where he met a Woman of hisAcquaintance, who said to him, after common Greetings, that 'twas New Year's Day, and they must drink together. Which Pretence, tho' it contradicts the positive Evidence of the Servant-Maid, who then lived in his House, he would not retract. However, what he owns above is sufficient to shew, that Peter Peterson's Evidence for Montgomery was absolutely false, who swore, that he saw him at Rotterdam in the latter End of December, 1747, and in January following. This same Peterson, and Montgomery had seen one another the Summer before at Rotterdam, he says; but so far from his seeing him January, 1747, at Rotterdam, the Servant-Maid's Evidence was given in Peterson's Presence, that he dined with Montgomery at his own House and Table, at the Highlander, in Fox's-Lane, Shadwell, on Christmas Day, and Montgomery owns he was not out of the Land on New Year's Day. So that what Regard was due to the Evidence he brought to support his being Abroad, we leave the Reader to judge for himself. And Mr. Smith, the Prosecutor, proved the Maid-Servant's living with him at that Time. On Saturday Morning he started fresh Matter, to shew how wicked he had been, which was what surprized me very much, as it seemed to be very incredible. He observed to me, that the Evidence against him had sworn he had perjured himself by taking the Oath, which the Act of Parliament directs to be done, before a Person can be admitted to have the Benefit of the Act; which, says he, they could not know, because they were not present, nor did any of his Creditors appear upon the Day of his Discharge, to except against it. I told him, he mistook the Point, what they attempted to prove was, only that he was not Abroad at the Time, and that they had fairly proved, and himself had owned to me; and therefore, that they had done no more than they could justify, I believed, was the Opinion of the World, and he had no Excuse to plead in this Circumstance. Then, to my great Surprize, he pretended to say, that he did not even take the Oath required, i. e. as he explained himself afterwards, he did not lay Hand on, nor kiss the Book. I told him, I could give no Credit to such a Story, and added, that if he did not, it was adding more to his Guilt, and would, in the Eyes of all the World, make him appear the more designing and greater Villain.

He then told me the Story of the whole Affair, and desired I would have Patience while he related it. After desiring him to speak the Truth, he proceeded as follows, viz. I was, says he, at Rotterdam in the Spring of the Year 1747, and when Icame Home, was put into the Fleet for Debt. I soon got out again, and had my Liberty. And then I began to bethink myself of going Abroad. Accordingly I went from Home on Christmas Day, but the Winds proving contrary and tempestuous, &c. as before, I staid from Home till after New Year's Day; when I return'd Home, and did not go out much, till it might have appeared to the Neighbourhood I had been Abroad; tho' in Fact, I was not out of England, at Rotterdam, nor beyond the Seas, at that Juncture of Time.'Tis certain I had been there several Times before, and several Times since, but was not at that Time. I asked him then, how he came to take it into his Head to enter upon the wicked Design he afterwards went through with, of taking the Benefit of the Act? His Answer was directly, I was persuaded to it. I asked him again, how he came to have so little Regard for his own Life as to suffer any one to persuade him to run the Risque of it; and he said, they were a good while before they could persuade him to it, but being teized about it a long while, he was at last over-persuaded, and resolved upon it.

In pursuance of this Resolution, he soon after went to the Fleet, and meeting with a Person who lived just by, with whom, when he was there before a Prisoner, he had contracted some Acquaintance, he consulted him what Method to take to surrender. He soon shewed the Way, and Montgomery was received as a surrendering Fugitive. Then he, and his bad Managers, proceeded to give Notice to his Creditors, and to provide a Schedule, which he declar'd to the last he had no Hand in, nor was it even signed by him with his Name, nor even with his Mark. I had a very great Distrust of the Truth of this Declaration, but all I could say to him would not make him recant.

Thus far our Saturday Morning's Conversation went, and I left him, with Advice to consider the Matter over again, and if he had not told the Truth, to resolve to do it shortly, if he hoped for Mercy hereafter, before it was too late.

I attended him again in the Afternoon, and found him in the same Way of Declaration; he owned indeed he was not Abroad January 1, 1747, that he had no Title to pretend to the Benefit of the Act of Insolvency then depending; and was persuaded, that had his Title been never so good, he had not a Right to the Advantage, since he did not take the Oath required, if what he said was true. And he positively persisted in it to the last, that he was brought up the last Day of Clearance at Guildhall, for that Sessions of September,

1748, with Intent to take the Benefit of the Act. And he confidently affirmed to the last, that though he was there, and heard the Oath repeated, he neither laid his Hand on the Book, nor kiss'd it. But, he says, he believes he did repeat some of the Words. Such is his Prevarication. But this is a Declaration scarce to be believed, even tho' it came from a dying Man; especially if we observe the whole Proceeding of this Man, and his Friends, through this whole Affair.

We observe then, First, That whether he had a proper Title or Right to take the Benefit of the Act or no; yet still he had so managed the Matter, by the Assistance and Advice of his Friends, that some of his Creditors were in the same Situation, as if he had actually been a real Object of the Act of Mercy. Some of them asked for their Money, and he told them he had taken Advantage of the Act of Indemnity; and for some Time they were very quiet, and gave him no farther Disturbance. One of them indeed, upon receiving a Summons to appear among the rest of his Creditors, had his Money paid, as he said, he knew he was at Home, and would oppose his being cleared. But in the general, Thing went on for a long Time in the same Manner as if he had been legally cleared; but in Time, the Fallacy was blown, and other Measures taken withhim.

After some Time, he was taken up, and put into Whitechapel Prison , where he was confined for some Time, till he, and his Friends, found Means to get him his Liberty; and I think it was through the Pretence of having taken the Benefit of the Insolvent Act, as he himself did not deny, but would not say positively, whether it was so or not.

After this, he was again taken up, and confined in the Marshalsea for some Time, from which Confinement, he and his Friends thought to release him, by taking him before a Judge, to make Affidavit, that the Debt for which he was then confined, was contracted before he took the Benefit of the Insolvent Act. This Account also of the Affair is his own.

But, by this Time, one of his Creditors, who knew he had no Title to be screened under the Benefit of the Act from paying his just Debts, found, by the Concurrence of others Knowledge with his own, that Montgomery had not a Right to shelter himself under it. And accordingly he resolved to put a Stop to his going on thus wickedly to defraud him.

Accordingly a Warrant was procured against him, upon a violent Suspicion of feloniously forswearing and perjuring himself in his Oath beforethe Justices at a Sessions of the Peace, upon his taking the Benefit of the Act of Parliament for the Relief of Insolvent Debtors, against the Statute. This was given to a proper Officer, and, when he returned from going before the Judge to swear the Debt contracted, as above, before he took the Benefit, it was served upon him, and he was taken Prisoner upon it, and committed to the Compter.

There he pretended Innocence to every one that spoke to him upon that Head, and always declared himself used ill by the Prosecutor, and assuredly still talked of his having been Abroad, which entitled him to the Benefit of the Act.

While he was there, a Scheme was laid (iniquitous as the former) by Means of which, most of the Persons to appear against him at his Trial for Perjury at the Old-Bailey, were to be kept away, that for Want of Evidence, he might be acquitted of the Fact laid to his Charge. There was a Person in the Compter at the same Time, who sent for a Filazer, before whom he made Oath, that such and such Persons were indebted to him in several Sums of Money, amounting to 1000 l, and ordered that they should be sued for the same. Accordingly they were arrested, but making it appear they had no Dealings with the Man, nor ever knew him, they were released from Custody, and will prosecute their pretended Creditor.

As to this Matter, Montgomery gave the following Answer, that as to his Part, he was quite out of the Secret, but that indeed there was a Person, a Prisoner with him, who came to him one Day, and after Enquiry into the Nature of his Case, as he chose to represent it, said, that he could help him. Montgomery says, he was surprized at the Man's Proposal, and asked him, how he, who was a Prisoner himself, could think of doing him any Service? The other replied, says he, if you'll leave it to me, I'll take Care for the rest. Now, he declares, how justly I won't pretend to say, that he knew nothing of what his new Friend was about to do. But the Consequence of this Interview produced the Matter, as related in the foregoing Paragraph, or, in Substance to that Purpose, For this, the Prosecutor of Montgomery has also indicted the other Party, to which he has pleaded Not guilty. The Indictment will be tried next Sessions, and the Event shew, what evil Counsellors the poor ignorant and deluded Montgomery was willing to trust to, so as he might any Ways have Hopes of getting off. He found himself surrounded on all Sides with the greatest Dangers, and plunged into a bad Scheme, and the more he endeavouredto get out of it, the nearer he was to be swallowed up in it.

On Sunday Morning we had some farther Talk about the Matter, and I thought he would then have been a little more inclined to open his Mind more fully. But, after asking him several Questions, as to the Matters above related, which carry in them some Improbability of Relation, he seemed very uneasy; and after a short Time, as if considering what Answer to make, he replied, What would you have me say? I've told you all the Truth, and I can say no otherwise than I have done. If I should, I should belye my ownself and my own Knowledge. Upon which, I thought proper to desist, with only saying, I should ask him no more concerning these Things, but recommended to him to think of what was past; and, if any Thing should occur upon Reflection, in which he could recollect he had misrepresented Facts, 'twas his Duty to God, and himself, and the Community, to set right what he knew to be amiss. He said, he had considered, and should consider; but no more did I hear of any of the Facts before reported.

In the Afternoon we went to Prayers again, and when we had done, he seemed very well satisfied, and said, he should endeavour, as well as he was able, to make his Peace with God, and hoped to do it, thro' the Merits of Jesus.

On the Morning of Execution he was attended again, and prayed heartily for Forgiveness, seemed reconciled to his Fate, and very penitent.

This unhappy Person was the first Instance of a Discovery and Proof, that any one would be so base, as to shelter himself under an Act so well intended, when the Danger of doing so, without the proper and stipulated Qualifications, was no less than the Loss of Life; and deservedly was the severest Punishment enacted against an Offence of this Case. When a Man improperly takes the Benefit of an Act for insolvent Debtors, he must do it with Design to defraud in such a Manner, as, I believe I may venture to say, he that goes upon the Highway, might in the general, meet with more Compassion from the Public, than such a one before-mentioned.

It pleased God after the suppressing the Disturbances or Rebellion in Scotland, and the Ratification of the Peace of Aix la Chapelle, to put into the Heart of his Majesty, to give Directions, that an Act for the Relief of insolvent Debtors should be passed, that the Unhappy and Distressed might rejoice, as well as those who enjoy all the Blessings of Nature.This Act was accordingly passed. In this, such Persons, as by Losses, or other Misfortunes, were rendered incapable of paying their whole Debts, were to find Relief. And these were such, as this Law supposing, though willing to make the utmost Satisfaction they can, are nevertheless detained in Prison. These having been deemed the proper Objects of public Compassion, by several Acts of Parliament have been discharged. For the Benefit therefore of insolvent Debtors, who shall faithfully discover upon Oath, and deliver up and assign all their Effects and Estates whatsoever, for the Benefit of their Creditors; and to prevent, as far as possible, many Frauds and Abuses, which have in a great Measure obstructed the good Ends of such Acts, many wife and provisional Clauses are to be met with in that Act, made in the first Session of the present Parliament, Nov. 1747.

By this Act, Persons inserted in the Lists of the Goal, and Prisoners on the First of January, 1747, were to have the Benefit of this Act, and be discharged; as were also Debtors beyond the Seas, on the same First of January, 1747, to surrender themselves, and be entitled to the Benefit of this Act. And this was done, in Consideration, that great Numbers of Workmen, skilfull in the several Trades and Manufactures of this Kingdom, and also many able Seamen and Mariners, finding themselves unable to satisfy the whole of their respective Debts, and dreading the Miseries of a Goal, have chose to leave their Employments and native Country, and have entered themselves in foreign Service. And, as their continuance Abroad was judged of great Prejudice to this Kingdom, in Order to induce such to return, it it was enacted, That all and every Debtor or Debtors, who was or were actually Abroad, beyond the Seas, in foreign Parts, on the first Day of January, 1747, who shall return, and surrender to the Goaler or Keeper of the Prisons of the King's-Bench, Marshalsea, or Fleet, &c. throughout the Kingdom, shall be entitled to the same Benefit of this Act, as others that were real Prisoners at that Time.

The unfortunate Montgomery at this Time labouring under the Load of Debts, and, as he says, not able to satisfy them, consulted his Friends what was to be done in this Exigence of Affairs. Many Methods were proposed, he says, which all proved ineffectual to the Purpose. At last 'twas proposed to him to take the Benefit of the Act, which he agreed to, and did. And he did not scruple to say, that he was persuaded, he was not the only one that consented to do it, as little qualified, as to the Intent of the Act, as himself.

And when he was before the Lord-Mayor, he was so daring as to swear that he was a Fugitive, and there he owned that he was the Person that had sworn he was at Rotterdam, to take the Benefit of the Act. What Credit then could be given to his Declaration of not taking the Oath? Or what Regard to any Contradictions he pretended to suggest against the Evidence that convicted him? According to his own latter Confession he positively contradicts the Evidence that was chiefly intended to support his Oath of having been Abroad in December and January, 1747. And let us observe what a Train of ill Consequences attended this ill-judged Consent of his to the Proposals of such Friends, as proved in the End, his greatest Enemies. In Consequence of their Advice, he went and surrendered himself, and was of Course in the List of Fugitives. In Consequence of which, he was to deliver in a Schedule of his Effects, which was made out, and delivered, not by himself, as he always declared, but by these mistaken Friends; and he all along, to the last, persisted in saying, that he neither made it out, nor caused it to be made out; and that it was not signed by himself, nor so much as his Mark put to it. In this was to be set forth all that in his Mind and Conscience he thought belonged to him as of right. But in this, by his own Confession, he left, as he mistakenly imagined, a Loop-hole for him to creep out at, but was deceived, and he proved himself intentionally, and to all Purposes perjured and unjust. And in this particular he was highly criminal, even were the Matter as related by him, and he was no less an heinous Offender, than his Managers. The Oath in this Case of delivering the Schedule is very strict and binding; I think a Man could neither read it, nor hear it read, but, if he has not a seared Conscience, he must be concerned for an Offence against it, and dread the Consequences.

The next Thing for the Fugitive to do, is to give Notice to his Creditors, that he intends to take the Benefit of the Insolvent Act; and, in Order thereto, he has delivered in a Schedule of his Effects, and that he intends to appear before a proper Court at such a Time to be discharged, if his Oath with Regard to the Schedule delivered be not disproved, as the Act directs the Fugitive as well as the confined Prisoner shall be. This he says was done by his Managers; he being brought before the Court, and none of his Creditors than appeared to disprove the Schedule, he was discharged among the rest. Now nothing more was required, because he had before taken his corporal Oaththat he was at Rotterdam, beyond the Seas, on the First of January, 1747, and a List of all his Creditors was delivered in, and a Schedule subscribed in his Name, whether he did it or no. Upon which he received the Benefit of the Insolvent Act, as being a Fugitive. Upon these Things being laid before him as they were, he could not but confess himself highly criminal, and did say that his Sentence was just, and his Punishment no more than he in an extraordinary Degree had deserved.

Thus on the Sunday Evening it pleased God more fully to open his Eyes, and he left off from insinuating what he had before done, to the Prejudice of the Evidence against him. And what the secret Conviction of his own Conscience would not persuade him to acknowledge, with Respect to the Testimony of four or five positive Witness against him, God thought proper to work in him by Degrees; and now he could not but confess his Guilt, with all the aggravated Circumstances of Fraud, Perjury, Prevarication, and Hypocrisy; under which Burden he laboured grievously, and at last he set himself to endeavour, if possible, to ease his tortured Breast of it, by looking unto Christ with Sincerity and Repentance, that he might not labour at his dying Hour under the Want of Hope of Salvation, through him who died to save the Sinner, but not the Hypocrite and Impenitent. And his poor Endeavours he made Use of, hoping that, as the Sinner upon the Cross, he might find Favour and Protection with him, though it were in his latest Hours; he resolved with a perfect and true penitent Heart to return unto the Lord, acknowledging he had finned against Heaven, and before him, and was not worthy to be called his Son.

That he suffered justly, as an Example, and for a Terror to such an Undertaking again, I believe no one can gain-say.'Tis Pity, if, as he says it was, any one could be so base and wicked to persuade him to it. Those who did, if any such there were, led him on thus to his Destruction: Though the Laws of the Nation may not extend to punish them, yet the Casuist, I may venture to say, would consign them over to, and allow, that they deserved the same Punishment for advising, as he underwent for perpetrating the Crime.

On Monday Morning he appeared very greatly affected at his approaching Fate, and after a little Admonition to think on his expiring Moments, to fix his Mind on God, and the Things above, and to turn his Back on the Things on Earth, he sighed, and said, Oh! That I had but more Time to repent; I have been a very wicked Man, and I fear for the Consequences of my many Transgressions, but especially that for which I justly suffer. But I trust to find Mercy with God, through Christ, and I hope that the losing my Life for the Offence, will, in some Measure, make Atonement, and those whom I have offended will forgive me. I die in Charity with all the World, and recommending my Soul to the Prayers of all good Christians, resign my Breath into the Hands of the Almighty, hoping, through Christ my Redeemer, to see the Face of God, to my everlasting Comfort and Happiness. Upon this we went to Prayers, and he was very fervent in his Petitions, which herepeated after my Directions, such as for Forgiveness, for the Grace of Repentance, not to be repented of, and for a happy Passage thro' so shameful and ignominious a Death. He went away pretty well satisfied; and said that he seemed very easy in his Mind that he put his Trust in God, and resigned himself to his Will; and he appear'd very penitent all through the dismal Procession to the fatal Place, and to the last.

And now, as an Act of this Kind was always intended by the Legislature to ease the Unhappy, that really were so, as witness the Preamble; and as all Caution is used in the several Clauses of which the Act is composed, that none but those for whom it was designed should reap the Benefit of it, and to keep out all Impostors from attempting any such Thing; one would think it was a very difficult Matter, scarce possible, for a Person to dare to attempt by any Means to any shelter himself under such a Law; yet, that this Man had done it, I believe all were persuaded, from the Nature of the Evidence given in Court, both for and against him; and every one, who considered the Matter impartially, would have thought him to suffer justly, had had he not owned that he was deservedly punished.

The Offence itself is of such a Nature, as might deter any one from being guilty of it, who does but consider it. There must be an intentional Fraud, a high Degree of the Breach of the 8th Commandment, which God has prohibited, and made criminal; and this must be attended with Perjury, that dreadful Sin of calling the living God to Witness to a known Falsity; for which Atonement can scarce, but if ever, not without the utmost Difficulty, be made: And, through this Filth, and Mire of Wickedness, must he pass, who resolves to make an intentional, a real Fraud.

What can the Man think that shall be guilty of such high Offence? 'Tis publickly known that human Laws are determined to punish it with Death, and what is to come afterwards, God only knows.

Let this then the Fate of poor Montgomery deter all others for the future from attempting a Breach of such an Indulgence, if ever it should please the Legislature to grant one again. And tho', in a former Part of these Sheets, he did not scruple to say, he was not the only one who feloniously laid hold of the Benefit of the last Insolvent Act, yet Charity engages to think better Things, and to hope there is not an Instance of the like Kind to be met with in England.

At the Place of EXECUTION.

ON Monday the 13th Instant, about Nine o'Clock in the Morning, William Montgomery was brought out off the Press-yard, and being put into a Cart, was carried to the Place of Execution. When he was come there, and the Executioner had tiedup the Halter to the fatal Tree, he prayed with me devoutly for some Time, and having recommended his Soul to the Almighty's Protection, the Cart was drawn from under him, and he was turned off. The Execution was done with all Decency and Quietness.

This is all the Account given by me, JOHN TAYLOR , Ordinary of Newgate.