The Examination of John Burton Doctor of Physick of the City of
York

Who saith that upon the 22nd of November last an
Express came to York, acquainting the Lord Mayor of Corporation that the Vanguard
of the Rebel army had reached Kendal in Westmoreland, but they could not find
out which route they would take whether to go by Hornby, Settle, Skipton etc., or
by Lancashire, Preston etc., that this Examinant having an estate at Upper  Berkwith and South-House within about six
miles of Hornby, and a year’s rent due from the tenants from the Michaelmas Day
preceding which was to have been paid upon the 11th of November
(being Martinmas Day) at
York, thought it advisable to go to receive the rents before the Rebels got to
that Part of the Country but first consulted with the Recorder of York and
others what steps it would be most prudent to take. That the Recorder of York
thought it would [prudent] for the Examinant to make all the haste he could, in
order to get his rents before the Rebels came thither, that, thereupon  upon the 22nd November the
Examinant went to the Lord Mayor of York to desire that the Gates might be
opened to the Examinant early in the morning, that the Examinant might be able
to reach Settle that night, which the Lord Mayor readily granted; that upon the
23rd early in the morning the Examinant set out from York and
reached Settle late the same night, where an Express was just before arrived,
that the Rebels were gone the Lancashire Road; that, thereupon one Mr. Hall, an
acquaintance and Friend of the Examinant of Settle aforesaid being in company
with the Examinant that evening, the Examinant wanted him to send to the
Examinant’s Tenants to come over the next Day to settle accounts with the
Examinant. That Hall told the Examinant that the greatest Part of the Country
was gone out of Curiosity to Kendal to see the Rebels, and probably his Tenants
amongst the rest, moreover that he [Hall] had appointed the Tuesday following
for the Tenants [ & Mahoney, who had been building] to attend him at
Settle; that the Examinant having nothing to do the next day which was Sunday,
and finding that he could not dispatch his Business and that the Rebels were
gone the Lancaster Road, asked Mr. Hall if he would take a ride and see if they
could not pick up any better accounts than had been then received of the Rebels
in that Part; who said, if his Mother was well enough, and he could be spared,
he would willingly go with the Examinant; that the next Morning the Examinant
rose early in order for his Journey, and wrote first to York to the Recorder
and his Wife to give them an account of what he had heard, and intended to do;
but Mrs. Hall being very ill, Mr. Hall could not attend the Examinant and
therefore the Examinant desired him to hire him a Guide to Hornby, which was
done; accordingly the Examinant and his Servant and the said Guide (whose name
as he seems remembered was Gelderd) went on to Hornby; that, in his Road to
Hornby he called at Clapham upon a Person to whom he carried a Letter from Mr.
Hall, which Letter was to desire the said Person (whose name he believes was [unreadable
ends in –er]) to give the Examinant the best Intelligence he could about the
Rebels, but none had arrived from the Examinants departure from Settle
aforesaid to his arrival at the said Village of Clapham; whereupon the Examinant
proceeded on to Hornby: but the Examinant saith, that in the Road from Clapham
to Hornby at the Village next to Hornby, a man told the Examinant that a Party
of the Rebels were about  in the Country
picking up Horses, and advised the Examinant to take care of His; that,
thereupon the Examinant recollected that his Pistols were loaded, and lest he
should fall into the Hands of the Rebels, who might think he came armed against
them, and take him Prisoner of War, he went into an alehouse, where he endeavoured
to draw his Pistols, which he did with the assistance of a Person, who lent him
a Screw, after which the Examinant went on to Hornby aforesaid. That the
Examinant’s Views his going to Hornby from that Village were to get a Pass to
save himself and his Horses; that, in order to procure one, hearing that the
Person called the Duke of Perth was at Hornby Castle (with whom the Examinant
had once been in Company at York, and never but once) the Examinant wrote a
Note from the Inn where he alighted to the said Person called the Duke of
Perth, which he sent with orders to the Person who carried it, to bring it
back, if the Duke of Perth was not there; that, the said note was carried to
Hornby Castle aforesaid, where it fell into the Hands of Lord Elcho, who sent
two Men presently after, armed, with their Swords drawn, who took the Examinant
Prisoner and carried him up to the Castle aforesaid; that, Lord Elcho asked the
Examinant his Business which the Examinant told him was only to procure a Pass
to go home in Safety; that, Lord Elcho refused his Request, but told him his
Person should be in Safety; that, he does not remember Lord Elcho asked him any
questions about which Troops were in York, or about York for which Lord Elcho
asked selected chiefly to the Examinant himself; that, the Duke of Perth was
not at Hornby Castle, that the Examinant sat down with some of the People who
were at Hornby Castle, and drank a Glass of wine with them; that, after having
staid about an hour at Hornby Castle, the Examinant was sent back double
guarded to Hornby, as a Prisoner, to his Inn, where he discharged his
reckoning, and the same Night was conducted to Lancaster along with a
Detachment that marched that night to Lancaster, which might consist of about
100 Horse; that, the Examinant rode with his Pistols before him (though
unloaded) and upon his own Horse; He saith, that he is very certain he had
neither Sword nor Hanger by his Side; that, he marched into Lancaster with the
said Detachment; that he gave his Parole of Honour to Lord Elcho not to go out
of Lancaster, or to send out of it till he should be permitted whereupon he had
Liberty given him to walk freely about the Town; that he was  however
several times taken up by different officers in the Town of Lancaster,
but was released by them upon acquainting them that he was a Prisoner upon his
Parole; that, on Monday night between seven and eight o’clock, a Person, who
was employed to watch the Examinant brought another Highland Officer to him at
the Inn where he lodged; which Officer told him, that he must not stir out of
the house, that night that the same Evening; after the Examinant had supped, he
was acquainted, that a Party of the Highlanders was come for him; upon which
the Examinant went to them and was conducted by them to the House where the
Pretender’s Son lodged; that the Examinant was carried into a Room in the said
House where there were two Persons. One of which as the Examinant was
afterwards informed was the Pretender’s Son, who asked the Examinant some Questions
relating to the occasion of his coming into that part of the country; that the
other person who was in the room and whose name this Examinant did not know,
examined him more strictly upon the same Points; that this Examinant gave them
the same business he had before done to Lord Elcho, and desired a pass from
them, which they refused whereupon this Examinant said, that, if the Duke of
Perth were there he was persuaded he would remember to have seen this Examinant
at York and he would  intercede for him and
procure him a pass. That this Examinant at that time believes, that the Person,
who was in the room with the Pretender’s Son, was Murray of Broughton,
Secretary. That this Examinant being dismissed from thence spent two hours, at
least, in going about the Town, to enquire whether the Duke of Perth was
arrived; and at last found him in his Lodging in a private House; and being
admitted to him, acquainted him with the occasion of his being there and
desired a Pass to return home; that the Duke of Perth left this Examinant for
some time, and then returned to him and told him, he should have a Pass. That
no conversation passed between this Examinant and the Duke of Perth except that
which related to his obtaining a pass; and that the Duke of Perth enquired after
Mr. Draper of York with whom he was acquainted. That this Examinant did not
procure his pass till the next day, between nine and ten in the forenoon; when
he went to the House where the Pretender’s Son lodged, where he saw the person
whom he took to be Murray the Secretary; who, upon this Examinant telling him
he had not yet got a pass from him he should have one immediately; and going
into another room, sent him a pass Signed J. Murray and a pass so signed being
now showed to the Examinant he saith, It is the pass. This Examinant
immediately returned to his Inn, and as he stood before the Door, the D. of
Perth passed by on the other side of the way, and seemed surprised that the
Examinant was still in Town; that, this Examinant told him, He had but just
received his pass, and was going out of Town; which he accordingly did. That
the D. of Perth answered; that, if this was so, he was sorry the Examinant had
had so much trouble; and wished him well home. That this Examinant then went to
Hornby where he dined; and the same night to Settle, when his Tenants and
workmen according to appointment were waiting for him. Mr. Hall having balanced
accounts with them; that this Examinant lay that night at Settle, and returned
the next day to York; when he arrived at night. This Examinant further saith,
that when he was at Lancaster, and had got the best informations he could of
the Designs of the Rebels, he proposed to send an account of them to Sir John
Ligonier, Commander of His Majesty’s Army; He endeavoured to get an Horse to
carry His Guide with the said Intelligence but was not able to procure one;
that the Intelligence he then proposed to send to Sir J. Ligonier proved to be
an exact account of the Route the Rebel Army afterwards took; for the Truth of
which this Examinant appeals to His Grace the Lord Archbishop of York, and Mr.
Place the Recorder whom he acquainted. Being asked, whether he said to any
person at Lancaster, that he had been some time before in General Wade’s Army,
He saith, that he never was in that Army; nor does he recollect, or believe,
that he said he was. Being asked, whether he wrote a letter to Mr. Birbeck, of
Settle, relating to an Information supposed to be given by Birbeck to Sir
Rowland Winn against this Examinant he saith, that he never wrote to Birbeck;
but having heard that Birbeck had given out that this Examinant had rode in
Company with the Rebels with a white Cockade in his hat, this Examinant wrote
to Mr. Hall, and desired him to let Mr. Birbeck know that this Examinant
insisted upon his recanting what he had said; or, that he should prosecute him
for it. This Examinant being asked whether he was employed by any person to go
to the Rebels; whether he carried any Letters, or Intelligence or any money or
Bills to the Pretender’s Son, to the person called Duke of Perth, or any other
of the Rebels, he declares in the most solemn manner, that he was not employed
by any person whatever to go to the Rebels; nor did he carry any Letters,
Intelligence, Money or Bills to any of them; nor does he know any persons, that
have carried on, or been engaged in any secret correspondence with the Rebels.
This Examinant being asked, whether he is acquainted with James Nesbit, a
prisoner in the Castle of York, he saith, that he was once in his Company with
four men, whose names were Wilson, Houndsel?, Murth, and another man; and Mrs.
Griffiths the Gaoler’s Wife. That the said Nesbit, talking of the Rebels, said
he had been amongst them, that they were either 14 or 17,000 men strong; that
the Duke of Cumberland would be Breakfast to them, and Mr. Wades, a Dinner, or
Supper; and that the said Nesbit began to drink the Pretender’s Son’s health.
Upon which this Examinant rose from his seat and offered to leave the Company.
But Murth insisted on his staying till ten o’clock, which was then very near,
and that this Examinant was not, in the whole, a full half hour in Company with
the said Nesbit. That this Examinant has been since informed that Nesbit has
given an Information upon oath against this Examinant for having spoken the
words above mentioned, which were spoken by the said Nesbit; as can be proved
by the persons who were then in Company: That Murth, who was one of them, is
now, or was very lately, in London. That the said Nesbit is an infamous person,
having been perjured,  as xxxxx made
appear by Sir Edward Anderson, Mr. Northleigh, and other Justices of the peace
of the County of York. That Nesbit has himself since confessed, that he had
sworn falsely against this Examinant.

Andrew Stone was the first secretary under the Duke of
Newcastle (principal Secretary of State), and an M.P. for Hastings.

Dr. Burton published his own version of the events as British
Liberty Endanger’d in 1749 and his explanation begins on page 24: