(7)
empt to Rescue; and had that happened, the reading the Proclamation would have made it justifiable; that it is not even denied by the Pannel, that the Execution was over before the Firing; that the Trust reposed in him, and the Duty expected from him was ceased; he was no longer an Officer employed to that End for which the Fire Arms were loaded; and his Actions came then to be estimated of, by the same Rules that would have made them lawful or unlawful upon every ordinary Occasion; that tho' the flinging of Dirt and Stones at the Executioner, might perhaps justify a cholerick Person for drubbing any of the Actors for their Wantonness, yet it could not justify the slaughtering of them, far less could the Impertinence of a few Boys, or other idle People, excuse the firing sharp Shot upon an innocent Multitude; that it is far from being the Interest of the Crown or the Publick, that an innocent Man should suffer; but it is greatly the Interest of both, that fair and strict Enquiry be made where the Guilt was, when a Massacre so cruel and dangerous happens that the Guilty may be made an Example ⟨of⟩, to restrain others to commit the like in time ⟨coming⟩, &c. That therefore the Pannel must stand ⟨or⟩ fall, upon his being or not being Guilty of the Acts charged upon him in the Indictment.
The LORDS Interlocutor.
⟨Finds⟩, That the Pannel having, at any of the Times and Places libelled, fired a Gun among ⟨the⟩ People assembled at the Execution libelled, or ⟨of⟩ having given Orders to the Soldiers under his command to fire, and thereupon they the the Soldiers, or any of them, having accordingly fired,and
