The Stature, Dreſs, and Likeneſs, of the Rebel Lords. Together with the
Speech made by the Eloquent High Steward of England when He Pronounced Sentence upon them.
Unknown to other each Deſign,
In deep Diſtreſs our Looks we join,
Oh could our Looks a Thought convey,
We all ſhould find one Common Plea!
Our Guilt alas too Plain appears;
And lo! the Object of our Fears.
Plead Guilty you, and I plead not,
We are all fairly in the Plot.
ONDAY Morning July 28 1746, about 8 o'Clock, the three Rebel Lords were brought from the Tower under a ſtrong Guard, in three ſeveral Coaches to Weſtminker-hall and were there received by General Folliot, from the Deputy Governor of the Tower, then the Axe was carried before them into the Hall, with the Edge from them, and they were placed in ſeparate Rooms.
About Nine o'Clock the Lord High Steward came in a grand Proceſſion, with five Led Coaches, and his Body Coach with his Attendants before him; after which the State Coach came, and ten Footmen bare headed.
When he came to the New-Palace-Yard, the Drums beat and the Soldiers reſted their Muskets as they do to the Royal Family; & the ſame was obſerv'd when his Grace came from the Houſe of Peers.
Then the Lord Chief Juſtice of England; the Maſter of the Rolls, and the reſt of the Judges in Town, and the Maſters in Chancery followed in Proceſſion to the Houſe of Peers.
Sir Wm Sanderſon, Bart Deputy Uſher of the Black Rod was in the Coach with the Lord High Steward, and carried the White Wand.
Afterwards the Lords were marſhalled in the Painted Chamber, and walk'd in Proceſſion, according to their Dignity.
The Lords having taken their Places, the Clerk of the Crown in Chancery preſented the Comiſſion, appointing a Lord Hight Steward, to the Lord Chancellor on his Knee, and the ſame being delivered to the Clerk of the Crown, it was read, all the Lords ſtanding up uncover'd.
Then the Staff was delivered to the Lord High Steward by Garter King at Arms, and the Gentleman Uſher of the Black Rod.
After which, the Earl of Kilmanock was arraign'd by the Crown, and pleaded Guilty.
The Earl of Cromanie likewiſe pleaded Guilty; and ſubmitted themſelves to his Majeſty's Mercy. After which they were allowed to be in a Room together during the other Lords Trial, and refreſh'd themselves with a Glaſs of Wine, &c.
The Lord Balmarino pleaded not Guilty; and the Lords adjourn'd to their own Houſe to debate a Point of Law, which aroſe in his Defence, which being over, they reunited into Court, in the faire moſt regular grand and solemn Order as before, (all in their Robes) and proceeded to the Examination of Witneſſes. Four of which were fully proved the Charges againſt him; One of them proved him to be at Carliſle, and to have been a Colonel in the Pretener's Son's 2d Troop of Body Guards. The Lord High Steward then ask'd him, if he had any Witneſſes, or any thing farther to offer in his Defence; To which he replied, he was ſorry to give their Lordſhips ſo much Trouble; and ſaid he had nothing more to ſay. It was then ſignified to the Gentleman Goaler he ſhould withdraw his Prisoner, which being done, the Lord High Steward, aſſiſted by one of the King's at Arms, collected the Votes from the Peers, [three only of the whole body being abſent.] beginning with the Junior Baron, and their Lordſhips laying their Hands upon their Hearts, unanimouſly, declared the Priſoner Guilty of the High Treaſon of which he ſtood indicted. Lord Balermino was then brought into Court, to be acquainted by his Grace the Lord High Steward of the Opinion of the Peers, the Gentlemen who bore the Aze ſtanding near the Bar, and gradually turning the Point round to the Priſoner as his Grace was ſpeaking to him, his Lordſhip during this extraordinary Juncture of time never chang'd his Countenonce, and returning a Cow to the Lords as they withdrew to the Parliament Houſe, was with the two other Lords carried back to the Tower, through a prodigious Concourſe of People about ſeven o'Clock in the Evening.
They were again carried on Wedneſday July 30th when the Court being ſet after the ſame manner as on Monday, and the three Peers there convicted of High Treaſon, being brought to the Bar to receive Sentence, The Lord High Steward, asked Lord Kilmarnock, if he had any thing to offer why Judgment of Death ſhould not paſs upon him? to which he replied, He could ſay nothing in Arreſt of Judgment, but deſired Leave to ſpepk a few Words, which being granted, he ſaid, That ever ſince he had been capable of Judging for himſelf, he had by all his Actions, whenever it was in his power, endeavoured to ſhow the ſtricteſt Attachment to his preſent Majeſty; that he had a Son who had the Honour to bear his Majeſty's Commiſſion, who by all his Actions had fully teſtified he had Educated him in the higheſt Notions of Revolution Principles, which were the ſame he was taught by the beſt of Fathers, and without which, it was impoſſible for the Liberties, &c. of the Nation to ſubſist; that he did not engage in the Rebellion till late, viz. after the Battle of Breſton-Pans, and that it had been his conſtant Care the whole Time of his being with them, to prevent as much Miſchief as poſſible, being committed upon his Majeſty's Subjects Solders, or others; that he might very eaſily have got off at the Time he ſurrendered, being purſued by none, but being ſenſible he muſt preſerve his Life by the ſame Methods which had been unhappily made Uſe of for the Deſtruction of his Country, he choſe rather to ſubmit to his Majeſty's Mercy: That he had heard the French King had interfered on pretence of getting Pardon for them: That he abhorred the thoughts of a French King's preſuming to dictate to a King of Britain how he ſhould treat his offending Subjects and if he had any Mercy, ſhould only deſire to receive it by the Interceſſion of Britons: but if Juſtice would not permit Mercy to take Place, he ſhould then with his laſt Breath pray for his Majeſty's Poſterity, and the Proſperity of his Country The Earl of Cromartie recommended himself to the King's Mercy, and deſired their Lordſhips Interceſſion. As for the Lord Balmerino, he pleaded that the Grand Jury of Surry had no right to find Bills againſt him as being at the taking the City and Caſtle of Carliſle ſince it had not been at all proved that he was preſent thereat; he therefore ſaid, if they had no Right to find Bills againſt him, he humbly moved the Indictment might be quaſhed, or that he might be allowed Council: the Lords after ſome Debate agreed he ſhould have Council aſſigned him, and accordingly at his Requeſt Mr Wilbraham and Mr Forreſter were appointed; and the Lords ordered him to prepare for Judgment on Friday.
The Lord High Steward went again on Friday August 1. to the Houſe of Peers in grand Proceſſion, and after being ſeated, and the Peers in their Robes, Proclamation was made for Silence, and for bringing the Priſoners to the Bar, which was done accordingly with the Ax carried before them.
The Lord Balmerino was ask'd by the Ld High Steward, if his Council ſhould be heard in Arreſt of Judgment, as was offer'd by him; but he anſwer'd, that he was adviſ'd by his Council that there was nothing to offer.
Then the Earls of Kilmarnock and Cromartie were ask'd if they had any thing to propoſe why Judgment ſhould not paſs againſt them; to which they anſwer'd in the Negative
Lord Balmerino was alſo ask'd the ſame Queſtion, and made the like Anſwer; but confeſs'd his Crime, begg'd Pardon for the Trouble he had given their Lordſhips, and humbly impor'd their Interceſſion to his Majeſty for Mercy.
✹✹✹✹✹✹✹✹✹✹✹✹✹✹✹✹✹✹
The Earl of Cromartie, Lord Kilmarnock, and Lord Balmerino.
YOU ſtand Impeached by the Commons of Great Britain's Parliament aſſembled of High Treaſon, in traiterouſly imagining and compaſſing the Death of his moſt ſacred Majeſty, and in conſpiring, for that End, to levy a bloody and deſtructive War againſt his Majeſty, in order to depoſe and murder him: and in levying War accordingly, and proclaiming a Pretender to his Crown, to be King of theſe Realms.
Which Impeachement, though your Lordſhips in the Introduction to your Plea, ſuppoſes to be out of the ordinary and common Courſe of the Law and Juſtice, is yet as much a Courſe of Proceeding according to common Law, as any other whatſoever.
If you had been Indicted, the Indictment muſt have been moved and brought before the Houſe of Lords, the Parliament ſitting. In that Caſe you had, 'tis true, been accuſed only by the Grand Jury of one County, in the preſent, the whole Body of the Commons of Great Britain, by their Repreſentatives, are your Accuſers.
And this Circumſtance is very obſervable, (to exclude all poſſible Suppoſition of Hardſhip, as to the Method of proceeding againſt you) that however all great Aſſemblies amongſt us areant to differ on other Points, you were impeached by the ananimous Opinion of the Houſe of Commons, not one contradicting
It is my Duty to exhort your Lordſhips this, to think of the Aggravations, sa well as the Mitigations (if their be any) of your Offences; and, if I could have the Leaſt Hopes, that the Prejudies of Habit and Education would not be too ſtrong for the moſt earneſt and charitable Entreaties, I would not beg you to rely any longer on thoſe Directors of your Conſciences by whoſe Conduct you have, very probably, been led into this miſerable Condicion; but that your Lordſhips would be aſſiſted by ſome of thoſe pious and learned Divines of the Church of England, who have conſtantly borne that infallible Mark of ſincere Chriſtians, univerſal Charity.
And now, my Lords, nothing remains, but that I pronounce upon you (and ſorry I am that it falls to my Lot to do it) that terrible Sentence of Law, which muſt be the ſame that is uſually given againſt the meaneſt Offender in the like Kind.
The moſt ignominious and painful Parts of it are usually remited by the Grace of the Crown, to Perſons of your Quality; but the Law in this are being deaf to all Diſtinctions of Perſons, requires I ſhould pronounce, and accordingly it is adjudged by the Court.
That you William Earl of Kilmarnock, George Earl of Cromartie, and Arthur Lord Balmerino, return to the Priſon of the Tower from whence you came from there you muſt be drawn to the Place of Execution; when you come there you muſt be hang'd by the Neck, but not till you be dead, for you muſt be cut down alive, then your Bowels muſt be taken out and burnt before your Eyes, then your Heads muſt be ſeverd from your Bodies, and each of your Bodies divided into four Quarters, and those muſt be at the King's Diſpoſal. And God Almighty be merciful to your Souls.
Which done the Priſoners were taken from the Bar.
Then the Serjeant at Arms, crying O Yes ſaid,
Our Sovereign Lord the King ſtrictly charges and commands all manner of Perſons to keep Silence upon Pain of Impriſonment.
After Which the Lord High Steward ſtood up, uncovered, and declaring there was nothing more to be done by virtue of the Preſent Comiſſion, broke the Staff and pronounced it diſſolved and then leaving the Chair came down to the Woolpacks and ask'd if it was their Lordſhips Pleaſure to ajdourn to the Houſe of Lords, which being agreed to, the Houſe adjourn'd to the Chamber of Parliament and they all return'd in the ſame Order they came down.
Thanks were order'd to be given to the Lord High Steward for the Speech made by him on the Conviction of the Lords on the Bill of Indictment found againſt them of High Treaſon and that the Lord High Chancellor do cauſe the ſaid Speech to be forthwith printed and publiſh'd
FINIS
