CHAPTER XV.

Return of the Duke of Argyle to Edinburgh-Trial of Lord Charles Murray and others-Execution of Major Nairne, Captain Lockhart, and others-Impeachment and trial of the Jacobite Peers taken at Preston-Ineffectual applications for mercyProceedings in parliament-Address to the King in behalf of the condemned Lords by the House of Peers-Dismissal from office of Peers who supported the petition of the Jacobite Lords-Escape of the Earl of Nithsdale-Execution of the Earl of Derwentwater and Viscount Kenmure-Trial and condemnation of the Earl of Winton -Escapes to France- Bills of high treason against Brigadier Mackintosh and others -Escape of Mackintosh, Forster, and others-Executions in London and Lancashire -Reaction against the government-Septennial act-Proceedings of General Cadogan in the Highlands-Commission of Oyer and Terminer-Act of grace-Dismissal of the duke of Argyle from office-Continental affairs-Plan of an invasion by Russia and Sweden-Rupture with Spain-Intrigues of the Jacobites at Madrid-Spanish invasion threatened-Sailing and dispersion of the Spanish fleet-Landing and surrender of a body of Spaniards in the western Highlands.

AFTER the flight and dispersion of the insurgents, the duke of Argyle returned to Edinburgh about the end of February, where he was magnificently entertained by the magistrates of the city, whence he set off for London on the first of March. He had left instructions with General Cadogan to keep up a communication with the Whig leaders in the north, and to distribute the troops in quarters contiguous to the adjoining Highlands, that they might be the more readily assembled to repress any fresh insurrection which might break out. To keep some of the disaffected districts in check, parties of Highlanders were placed by Lord Lovat and Brigadier Grant, in Brahan castle, and in Erchles and Borlum; the former the seat of the Chisholm, the latter that of Brigadier Mackintosh.

The fate of the prisoners taken at Preston remains now to be told. The first who were tried were Lord Charles Murray, Captain Dalziel, brother to the earl of Carnwath, Major Nairne, Captain Philip Lockhart, brother to Lockhart of Carnwath, Captain Shaftoe, and Ensign

*

* Mr Lockhart, alluding to the fate of his brother, feelingly observes, "I lost a brother who, had he lived, had been a credit to his country, being a person of great worth and merit. And I may be indulged so far as to be allowed to do some little justice to his memory, by taking notice that he died like a saint and hero. For at his tryall he told his judges that he was no officer under ther king, for the half-pay which he received was only a recompence which the parliament thought fit to give him on account of his having faithfully served Queen Anne, and therefore he was not legally subject to a court-martiall.When he was led out to the place of execution, the officers of the other side who were his old companions, owned he walked with the same lively genteel air as he used at the head of his company, and having told them he was never affraid of powder, and much less now in so good a cause, he declined tying a napkin over his face; and having with great devotion recommended himself to God, he cocked his hat, and calling on them to do ther last, he look'd death and his murderers in the face, and received the hots which put an end to his dayes in the twenty-fifth year of his age."-Memoirs, vol. i. p. 496-7.

Nairne. These six were tried before a court-martial at Preston, and all, with the exception of Captain Dalziel, having been proved to have been officers in the service of government, were condemned to be shot Lord Charles Murray received a pardon through the interest of his friends. The remainder suffered on the second of December, seventeen hundred and fifteen.

The English parliament met on the ninth of January. Immediately on the return of the commons from the house of lords, where they had been hearing the speech from the throne, they agreed, on the motion of Mr Lechmere, to impeach Lords Derwentwater, Nithsdale, Wintoun, Carnwath, and Kenmure, of high treason. The articles of impeachment were carried up to the lords the same night, and on the next day these peers were brought to the bar of the house of lords to hear the articles of impeachment read. They were brought back from the Tower on the nineteenth, when they all pleaded guilty to the charge of high treason, except the earl of Wintoun, who petitioned for a longer time to give in his answers. The rest received sentence of death on the ninth of February, in Westminster-hall. The countess of Nithsdale and Lady Nairne surprised the king as he was passing through his apartments at St James's, and throwing themselves at his feet implored his mercy in behalf of their husbands; but he turned away from them with contemptuous indifference. The countess of Derwentwater was equally unsuccessful, though introduced by the dukes of Richmond and St Albans into the king's bed-chamber, and accompanied by the duchesses of Cleveland and Bolton.

This refusal on the part of the king, raised up a number of advocates in both houses of parliament, in behalf of the unfortunate noblemen. Availing themselves of this feeling, the ladies of the condemned lords, accompanied by about twenty others of equal rank, waited in the lobby of the house of peers, and at the door of the house of commons, and solicited the intercession of both houses. Next day they petitioned the houses. The commons rejected the application, and to get quit of further importunity adjourned for six or seven days, by a small majority; but the result was different in the house of lords. Petitions, craving the intercession of that house, were presented from the condemned peers, which being read, after considerable opposition, a motion was made to address his majesty to grant them a reprieve. This occasioned a warm debate; but before the vote was taken, an amendment was proposed to the effect, that his majesty should reprieve such of the peers as should seem to deserve his mercy. It was contended by the supporters of the original address, that the effect of this amendment would be to destroy the nature of the address, as from the nature of the sen tence which had been passed, none of the condemned peers could de serve mercy; but the amendment was substituted, and on the vote being taken, whether the address should be presented, it was carried present, by a majority of five votes. It is said that on one of the peers afterwards

EXECUTION OF THE EARL OF DERWENTWATER.

347

observing to the mover of the amendment, that it looked as if its object was to defeat the vote, and make it of no use to the persons for whose benefit it was intended, the proposer observed, that such was his intention in moving it.*

The king was evidently chagrined at the conduct of the house, and when the address was presented, he informed the deputation, that on this as on all other occasions he would do what he thought most consistent with the dignity of the crown, and the safety of his people. The earl of Nottingham, president of the council, who had supported the petitions of the condemned lords, together with Lord Aylesford, his brother, chancellor of the duchy of Lancaster, Lord Finch, his son, one of the lords of the treasury, and Lord Guernsey, master of the jewel office, were all removed from office; and to show the determination of the king, orders were issued on the same day the address was delivered, for executing the earls of Derwentwater and Nithsdale, and Viscount Kenmure the following day. The other three peers were reprieved to the seventh of March. The earl of Nithsdale made his escape the night before the execution, dressed in female attire, which his mother, and some other ladies who paid him a visit, had provided. When the king heard of his escape next morning, he observed, that "it was the best thing a man in his condition could have done."†

On the morning of the twenty-fourth of February the earl of Derwentwater and Viscount Kenmure were beheaded on Tower-hill. On ascending the scaffold, Derwentwater knelt down, and having spent some time in prayer, he got up, and drawing a paper out of his pocket, read aloud as follows:

"Being in a few minutes to appear before the tribunal of God, where though most unworthy, I hope to find mercy, which I have not found from men now in power. I have endeavoured to make my peace with his Divine Majesty, by most humbly begging pardon for all the sins of my life: And I doubt not of a merciful forgiveness through the merits of the passion and death of my Saviour, Jesus Christ; for which end I earnestly desire the prayers of all good Christians.

"After this I am to ask pardon of those whom I might have scandalized by pleading guilty at my trial. Such as were permitted to come to me, told me, that having been undeniably in arms, pleading guilty was but the consequence of having submitted to mercy; and many arguments were used to prove that there was nothing of moment in so doing; among others, the universal practice of signing leases, whereof the preambles run in the name of the person in possession.

"But I am sensible that in this I have made bold with my loyalty, having never any other but King James the Third for my rightful and lawful sovereign; him I had an inclination to serve from my infancy, and was moved thereto by a natural love I had to his person, knowing

• Annals of the 2d year of George I. p. 248.

+ State Trials, vol. xv.

him to be capable of making his people happy: and though he had been of a different religion from mine, I should have done for him all that lay in my power, as my ancestors have done for his predecessors; being thereunto bound by the laws of God and man.

"Wherefore, if in this affair I have acted rashly, it ought not to affect the innocent. I intended to wrong no body, but to serve my king and country, and that without self-interest; hoping by the example I gave, to have induced others to their duty; and God, who sees the secrets of my heart, knows I speak truth. Some means have been proposed to me for saving my life, which I looked upon as inconsistent with honour and conscience, and therefore I rejected them; for with God's assistance I shall prefer any death to the doing a base unworthy action. I only wish now that the laying down my life might contribute to the service of my king and country, and the re-establishment of the ancient and fundamental constitution of these kingdoms, without which no lasting peace or true happiness can attend them; then I should indeed part with life even with pleasure: As it is, I can only pray that those blessings may be bestowed upon my dear country; and, since I can do no more, I beseech God to accept of my life as a small sacrifice towards it.

"I die a Roman Catholic: I am in perfect charity with all the world; I thank God for it, even with those of the present government, who are most instrumental in my death. I freely forgive such as ungenerously reported false things of me; and I hope to be forgiven the trespasses of my youth by the Father of infinite mercy, into whose hand I commend my soul.

"JA. DERWENTWATER.

"P.S. If that prince who now governs had given me my life, I should have thought myself obliged never more to have taken up arms against him."

After he had finished reading the paper, he delivered it to the sheriff in attendance, who had requested it, and then repeated several penitential portions of scripture. Turning to the executioner, who solicited his forgiveness, he told him that he forgave all his enemies, even the most malicious of them, with all his heart, and that he forgave him. He thereupon informed the executioner that he would find something he intended for him in his pocket, (two half broad pieces,) and that he would receive something additional from a gentleman who held the earl's hat and wig. He then viewed the block, and observing a rough place in it, he desired the executioner to chip it off. The extraordinary presence of mind which he displayed astonished the spectators. He knelt a second time and prayed, and on rising up pulled off his coat and waistcoat. After telling the executioner that the sign he should give was, "Lord Jesus receive my soul," and that on his repeating these words the third time he was to do his office, the earl laid his head upon the block, which, on the given signal, was severed from his body at one blow