1795.] 
faid, This is the man. Upon this, the 
executioner cut the ‘rope, and immedi- 
ately the man jumped out of the cart, 
and went away. Soon after, the fignai 
was given for the cart to drive away, 
aud the man, who was really begged oif, 
was hanged, the truth being found out 
too late. 
This account I‘had more than. once 
from Mr. Martin Killigrew, who was 
at that time an officer in general Kirk’s 
regiment, and was upon the {pot when 
the thing happened. ‘This I can teftify, 
as will, I dare fay, if applied to, Mr. 
Bavenall, nephew to the faid Mr. Killi- 
grew, whofe name was Lifter, but he 
changed it to Killigrew, upon marrying 
one of fir Peter Killigrew’s daughters, 
which faid daughter of fir Peter Kiili- 
grew, was fitter to my wife’s grand- 
mother. I remember, I afked Mr. Kil- 
ligrew, if he knew of any thing relating 
to this affair he had not mentioned, 
which might have given rife to this re- 
port? He faid, he knew of none but the 
violent and univerfal hatred which 
prevailed all over the weft country 
again{ft Kirk, and that outrageous paf- 
fionate behaviour, which was fo. ha- 
bitual to him, that it was become even his 
conftant one, though it very feldom went 
. beyond words, and of which he gave me 
an inftance, which he chofe as being a 
frequent one. When his regiment was 
out on field days, he would curfe, fwear, 
and threaten, like a madman, declaring 
and {wearing he would have the men 
whipped, hanged, and otherwife pu- 
nifhed, fo that a by-ftander who had 
not known him, would have thought 
that a: quarter of the regiment was to 
have undergone punithment ; and, after 
having behaved in this manner for hours, 
he would go out of the field. and not a 
fngle man punifhed, ordered to be pu- 
nifhed, or any court-martial called to 
try any man; and this was his conftant 
practice. I then afked Mr. Killigrew, 
if Kirk had not forne woman with him 
the night before the execution above- 
mentioned? He faid, he did not know; 
but that it was very probable he might 
have a woman with him, as he believed 
that was what at that time happened to 
him two or three times a week, as it 
was his cuftom continually to have com- 
mon proftitutes to pafs the night with 
him; and therefore, it was very proba-: 
ble, he. might have one that hight, as 
well as others; but that if he had; it had 
no relation to the affair above-mentioned. 
~ I have fent this to -you, to communi- 
cate to Doétor Smollet, for as I look 
upon it to be the primary duty of an 
Montuity Mas. No. VEL 
Story of Kirk. 545 
hiftorian, to convey to poflerity the 
exaét truth of things without partiality, 
and to do juftice to the charaétcr of men, 
efpecially when they have been falfely 
and injurioufly reprefented, fo I look 
upon it to be the indifpentible duty of 
every man, as far as lies in his power, 
to furnifh hiftorians with thote lights 
which will enable him to do it. And in 
this inftance, I have no other motive 
than that of affifting the above-named 
gentleman—conveying truth to Man- 
kind, and doing Jjuftice to one, who, 
however faulty or criminal in other re- 
{peéts, is in this, an innocent and in- 
jured man. 
The inaccuracy, and all other faults of 
this letter, I mutt defire you and Doétor 
Smollet to excufe; as, from my prefent 
fituation, I have no more time than is 
jutt fufficient to it, currente calamo—and 
had I more, it would be ufelefs, as the 
beit ftyle and manner I could make ufe 
of, would be unworthy Doétor Smollet, 
or any other hiftorian, and my only pur- 
pote is to convey to him the plain matter 
of fact, together with my proof, which 
he will make ufe of in the manner he 
thinks proper. Iam, fir, 
Your moft obedient humble fervant, 
Joun MERRILL, 
Poland-fireet, March 12, 1759. 
If it thould be afked, how Kirk could, 
an{wer at court his having hanged only 
nineteen rebels, when he was ordered to 
hang twenty, the reply is eafily made: 
Every one, who is thoroughly acquainted. 
with thofe times, knows, that he was 
then fo great a favourite there, and was 
fo intrutted with difcretionary power, 
that he might without any danger have 
taken a greater liberty. Befides, every 
one who knows any thing of him, 
knows, that he was a man, who did aéts 
and took. refolutions, fuddenly and 
rafhly, without looking to confequences 5 
of which his proceedings, at- that time, 
and atterwards,are moft convincing proofs. 
There is a thing not to be pafled over 
unncticed, viz. that a ftory, quite fimi- 
larto this attributed to Kirk, is to be 
feen in a book, written before Kirk was 
born, in the Hiftory of Charles the Bold, 
duke of Burgundy, and related in the 
Spectator, No. 491, in which the only 
difference ({ mean swith regard to the 
perions, not the fequel of it) is, that it 
is a hufband inftead of a brother, and a 
governor inftead of a general; the place 
it happened at, Zealand (now one of the 
Seven United Provinces) ; the governor’s 
name, Rhynfault; and the hufband’s, Paul: 
Danvelt. And Shakf{peare, who lived 
long before Kirk, has written a play upon’ 
4 Ak* that 
rd 
Se ae ee ee eee tae ee 
