THE WHOLE PROCEEDING TO JUDGMENT UPON THE Articles of Impeachment OF HIGH TREASON Exhibited by the Knights, Citizens, and Burgesses in Parliament Assem&rehy;bled, in the Name of Themselves and of all the Commons of Great Britain, against James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, Robert Earl of Carnwath, Wil&rehy;liam Viscount Kenmure, and William Lord Nairn, In Westminster-Hall, on Thursday the Ninth Day of February, 1715. ― Published by Order of the House of Peers. ― LONDON: Printed for Jacob Tonson at Shakespear's-Head, over-against Katharine-Street in the Strand. MDCCXVI. ― ― THE WHOLE PROCEEDING In WESTMINSTER-HALL, UPON THE IMPEACHMENT AGAINST James Earl of Derwentwater, William Lord Wid&rehy;drington, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Kenmure, and Wil&rehy;liam Lord Nairn.

Die Jovis 9 Februarii, 1715.

&Aic;BOUT One a Clock the Lords came from their own House into the Court erected in Westminster-Hall, to pass Sentence upon James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, in the manner following.

The Lord High-Steward's Gentlemen Attendants, two and two. The Clerks Assistant to the House of Lords, and the Clerk of the Par&rehy;liament, with the Clerk of the Crown in the Court of Chancery bearing the King's Commission to the Lord High-Steward. The Masters in Chancery, two and two. Then the Judges. The Peers Eldest Sons, and Peers Minors, two and two. Four Serjeants at Arms with their Maces, two and two. The Yeoman Ushers of the House. Then the Peers, two and two, beginning with the youngest Barons. Then four Serjeants at Arms with their Maces. The Serjeant at Arms attending the Great-Seal, and Purse-Bearer. Then Garter King at Arms; and the Gentleman-Usher of the Black Rod, carrying the White Staff before the Lord High-Steward. The Lord High-Steward alone, his Train born.

When the Lords were placed in their proper Seats, and the Lord High&rehy;Steward upon the Wooll-Pack,

The Clerk of the Crown, in the Court of Chancery, standing before the Clerk's Table, with his Face towards the State, having his Majesty's Com&rehy;mission to the Lord High-Steward in his Hand, made three Reverences towards the Lord High-Steward; and, on his Knee, presented the Com&rehy;mission to the Lord High-Steward; after which, and usual Reverences, the same was carried down to the Table: And then Proclamation for Si&rehy;lence was made in this manner;

O Yes, O Yes, O Yes! Our Sovereign Lord the King strictly charges and commands all manner of Persons to keep Silence, upon Pain of Im&rehy;prisonment.

Then the Lord High-Steward stood up, and spoke to the Peers.

Lord High-Steward.

His Majesty's Commission is going to be read; your Lordships are desired to attend.

All the Peers uncovered themselves, and they and all others stood up uncovered while the Commission was reading.

GEORGIUS R.

GEORGIUS, Dei Gratia, Magnæ Britanniæ, Francia & Hiberniæ Rex, Fidei Defensor, &c. Prædilecto & Fideli Consiliario nostro Willielmo Domino Cowper, Cancellario nostro Magnæ Britanniæ, Salutem. Cum Jacobus Comes de Derwentwater, Willielmus Dominus Widdrington, Willielmus Comes de Nithisdale, Georgius Comes de Winton, Robertus Comes de Carn&rehy;wath, Willielmus Vicecomes Kenmure, & Willielmus Dominus Nairn, co&rehy;ram Nobis in præsenti Par&rehy;liamento, per Milites, Cives & Burgenses in Parliamento nostro Assemblat' de alta Proditione per ipsos Jacobum Comitem de Derwentwater, Willielmum Dominum Widdrington, Willielmum Comitem de Nithisdale, Georgium Comitem de Winton, Robertum Comitem de Carn&rehy;wath, Willielmum Vicecomitem Kenmure, & Willielmum Dominum Nairn, com&rehy;miss' & perpetrat' in nomine ipsorum Militum, Civium & Burgensium, & nomi&rehy;ne omnium Communium Regni nostri Magnæ Britanniæ impetiti & accusati existunt; & ipsi prædict' Jacobus Comes de Derwentwater, Willielmus Domi&rehy;nus Widdrington, Willielmus Comes de Nithisdale, Robertus Comes de Carn&rehy;wath, Willielmus Vicecomes Kenmure, & Willielmus Dominus Nairn, co&rehy;ram Nobis in præsenti Parliamento de Proditione prædict' se esse culpabiles seperatim cognoverunt: Nos considerantes quod Justitia est Virtus excellens & altissimo complacens, Volentesque quod prædict' Jacobus Comes de Derwent&rehy;water, Willielmus Dominus Widdrington, Willielmus Comes de Nithisdale, Robertus Comes de Carnwath, Willielmus Vicecomes Kenmure, & Willielmus Dominus Nairn, de & pro Proditione unde ipsi ut præfertur impetit' accusat' & convict' existunt coram Nobis in præsenti Parliamento nostro, secundum Le&rehy;gem & Consuetudinem hujus Regni nostri Magnæ Brittaniæ, & secundum Con&rehy;suetudinem Parliamenti audiantur, sententientur & adjudicentur cæteraque omnia quæ in hac parte pertinent debito modo exerceantur & exequantur, ac pro eo quod Proceres & Magnates in præsenti Parliamento nostro assemblat' Nobis humilime supplicaverunt ut Senescallum Magnæ Britanniæ pro hac vice constituere dignaremur. Nos de fidelitate, prudentia, provida circumspectione, & industria vestris plurimum confidentes, Ordinavimus & Constituimus vos ex hac Causa Senescallum Magnæ Britanniæ ad Officium illud, cum omnibus eidem Officio in hac parte debit & pertinen' (hac vice) gerend' occupand' & exercend' Et ideo vobis Mandamus quod circa præmissa diligenter inten&rehy;datis, & omnia quæ in hac parte ad Officium Senescalli Magnæ Britanniæ pertin' & requiruntur hac vice faciatis, exerceatis, & exequamini cum effectu. In cujus rei Testimonium has Literas nostras fieri fecimus Pa&rehy;tentes, Teste me ipso apud Westm' Nono Die Februarii, Anno Regni nostri Secundo.

Per ipsum Regem propria Manu Signat' Wrighte. Serjeant at Arms.

God save the King.

Then the Herald and Gentleman Usher of the Black Rod, after three Reverences, kneeling, presented the White Staff to his Grace; and then his Grace, attended by the Herald, Black Rod and Seal-Bearer (making his proper Reverences towards the Throne) removed from the Wooll-Pack to an armed Chair, which was placed on the uppermost Step but one of the Throne, as it was prepared for that purpose, and then seated himself in the Chair, and delivered the Staff to the Gentleman Usher of the Black Rod on his Right Hand, the Seal-Bearer holding the Purse on the Left.

Clerk of the Crown.

Serjeant at Arms make Proclamation

 Serjeant at Arms

O Yes, O Yes, O Yes! Our Sovereign Lord the King strictly charges and commands all manner of Persons to keep Silence, upon Pain of Imprisonment.

Then another Proclamation was made, as follows.

O Yes, O Yes O Yes! Lieutenant of the Tower of London bring forth your Prisoners to the Bar, according to the Order of the House of Lords to you directed.

Then James Earl of Derwentwater, William Lord Widdrington, Wil&rehy;liam Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Ken&rehy;mure, and William Lord Nairn, were all brought to the Bar by the De&rehy;puty Governour of the Tower, having the Ax carry'd before them by the Gentleman Jaylor, who stood with it on the Left Hand of the Prisoners, with the Edge turned from him. The Prisoners when they approach'd the Bar, (after kneeling,) bowed to his Grace the Lord High-Steward, and to the House of Peers; which Complement was returned them by his Grace, and the House of Peers.

Lord High-Steward.

Read the Articles of Impeachment.

 ARTICLES of Impeachment of High Treason exhibited against James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn.

&Wic;HEREAS for many Years last a most wicked Design and Contri&rehy;vance has been formed and carried on, to subvert the ancient and established Government, and the good Laws of these Kingdoms; to extirpate the true Protestant Religion therein Established, and to de&rehy;stroy its Professors; and instead thereof, to introduce and settle Popery and Arbitrary Power; in which unnatural and horrid Conspiracy great Numbers of Persons of different Degrees and Qualities have concerned themselves and acted; and many Protestants, pretending an uncommon Zeal for the Church of England, have joined themselves with professed Pa&rehy;pists, uniting their Endeavours to accomplish and execute the aforesaid wicked and traiterous Designs:

And whereas it pleased Almighty God in his good Povidence, and in his great Mercy and Goodness to these Nations, to Crown the unwearied En&rehy;deavours of his late Majesty King William the Third of ever glorious Me&rehy;mory, by making him the Instrument to procure the Settlement of the Crown of these Realms in the Illustrious House of Hanover, as the only Means under God to preserve our Religion, Laws and Liberties, and to secure the Protestant Interest of Europe; since which happy Establishment the said Conspirators have been indefatigable in their Endeavours to de&rehy;stroy the same, and to make Way for the vain and groundless Hopes of a spurious Impostor and Popish Pretender to the Imperial Crown of these Realms.

And to accomplish these Ends, the most immoral, irreligious and un&rehy;christian-like Methods have been taken, but more particularly in the last Years of the Reign of the late Queen Anne, during which time all imagi&rehy;nable Endeavours were used by the said Conspirators to prejudice the Minds of the Subjects of this Realm against the Legality and Justice of the said Settlement of the Crown: And for that Purpose the Holy Scriptures were wrested, and the most wholsome Doctrines of the Church of England per&rehy;verted and abused by Men in Holy Orders, in the most publick and scan&rehy;dalous Manner, in order to condemn the Justice of the late happy Revo&rehy;lution; and thereby to sap and undermine the Foundation of the said hap&rehy;py Establishment; and the most notorious Instruments of these wicked Purposes were countenanced by particular Marks of publick Favour and Distinction; false and dangerous Notions of a sole Hereditary Right to the Imperial Crown of these Realms were propagated and encouraged by Per&rehy;sons in the highest Trust and Employments, contrary to the ancient, un&rehy;doubted and established Laws of these Kingdoms; jesuitical and scandalous Distinctions were invented and publickly inculcated, to enervate the Force and Obligation of those Oaths which had been contrived in the plainest and strongest Terms by the Wisdom of Parliament for the Security of the said Establishment; and to conceal their Designs, and thereby the better to en&rehy;able them to carry on the same, great Numbers of the said Conspirators of all Ranks and Conditions, pretending a Zeal for the Protestant Succession, openly and voluntarily took the said Oaths; groundless Fears of the Dan&rehy;ger of the Church of England were fomented throughout these Kingdoms, to disorder the Minds of well-disposed Protestants.

By all which and many other such ungodly Practices of the said Conspira&rehy;tors, the most causeless and dangerous Jealousies and Dissatisfactions were created in the Minds of the good People of this Kingdom, and great Num&rehy;bers of well-meaning, but deluded Protestants were much disquieted.

But nevertheless these dishonest Methods were pursued by the said Con&rehy;spirators with indefatigable Industry, as the only Means to weaken the Foundations of the said happy Establishment.

And whereas the Dissolution of the late glorious Confederacy against France, and the Loss of the Ballance of Power in Europe, were further Steps necessary to compleat the Designs of the said Conspirators; And the same being effected by the late ignominious Peace with France, the French King was rendred fomidable, and the Protestant Succession was thereby brought into the most imminent Danger; And by these and other pernici&rehy;ous Measures, the Destruction so long intended by the said Conspirators for these poor Nations seemed near at Hand.

At which Time, and under which most deplorable Circumstances, it pleased Almighty God in his infinite Wisdom to call to himself the late Queen Anne, and by a Concurrence of many most wonderful Providences to give a quiet and peaceable Accession to his present most Gracious Ma&rehy;jesty to the Throne of his Ancestors, to which he was received with one full Voice and Consent of Tongue and Heart, and the united Joy of every good Subject and good Protestant, as their only lawful and rightful Liege Lord; and altho' from the Moment his Majesty Ascended the Throne to this Day, his Reign has been one Series of Wisdom, Justice and Clemency; his Labours Constant, Unwearied and Successful to retrieve the Honour and Re&rehy;putation of these Nations; to re-establish the Trade and recover the Wealth of his Kingdoms; and although all imaginable Encouragement has been given to the Church of England, and all Tenderness shewn even to his Popish Subjects, and his constant Care has been to procure the universal Good of his People; ne&rehy;vertheless the said Conspirators have, by the most vile and impious Methods, re&rehy;newed their Endeavours to throw these Kingdoms into the utmost Confusion, and to entail endless Miseries on us and our Posterities: For these Ends many of the above-mentioned most wicked and dangerous Practices have been repeated with the utmost Industry and Inveteracy, to delude, disorder, and corrupt the Minds of his Majesty's good Subjects; the most groundless Jealousies have been fomented against his wise and happy Administration, and in many Parts of his Kingdoms the most unnatural, unexampled Riots and Tumults, by the secret and malicious Endeavours of the said Conspirators, have been procured, stirred up, and encouraged against his peaceable Protestant Subjects, under false Pre&rehy;tences of Zeal for the Church of England, and thereby more effectually to de&rehy;lude his good Subjects, and seduce them from their Allegiance, and prepare them for an open Rebellion.

And the said Conspirators having at length resolved to deprive these Nations of the invaluable Blessings which they now enjoy under the wise and gentle Reign of His present most Gracious Majesty King George, and of the certain Prospect of Happiness which they have for their Posterity, in a Succession of Princes derived from himself; did contrive, confederate and resolve to put their most malicious wicked and traiterous Designs into immediate Execution; for which purpose, James Earl of Derwentwater, William Lord Widdrington, Wil&rehy;liam Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, Wil&rehy;liam Viscount Kenmure, and William Lord Nairn, together with Thomas For&rehy;ster, Jun. the Lord Charles Murray, Edward Howard, Thomas Errington, John Clavering, William Shaftoe, Sir Francis Anderton, Ralph Standish, Richard Townly, Thomas Butler, Thomas Walton, Gabriel Hasket, Richard Gascoigne, and diverse other Persons, as false Traytors to His present most Sacred Majesty King George, the only lawful and undoubted Sovereign of these Kingdoms, having with&rehy;drawn their Allegiance, and cordial Love, and true and due Obedience, which they as good and faithful Subjects owed to His said Majesty, did, in or about the Months of September, October, or November 1715, most wickedly, maliciously, falsely and traiterously imagine and compass the Death of His said most Sacred Majesty.

And for the Accomplishing and Executing their said Traiterous Purpose, they the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, did, in or about the said Months or some of them, and at diverse other Times, and in diverse Places within this Kingdom, wickedly and traiterously agree, confederate, conspire, and resolve together, with many other evil-disposed Persons, to raise, excite, and levy within the Counties of Teviotdale, Northumberland, Cumberland, and the County Palatine of Lancaster, and elsewhere within this Kingdom, a most Cruel, Bloody, and De&rehy;structive War, against his Majesty, in order to depose and murther his Sacred Majesty, and to deprive him of his Royal State, Crown and Dignity.

And the said James Earl of Derwentwater, William Lord Widdrington, Wil&rehy;liam Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, William Lord Nairn, their Accomplices and Con&rehy;federates, in or about the Months aforesaid, in the Counties aforesaid, or some of them, did gather together great Numbers of His Majesty's Subjects, and with them did assemble in a warlike and traiterous Manner, in order to raise Tumults and Rebellion within this Kingdom; and having procured great Quantities of Arms, Ammunition and warlike Instruments, at the Times and Places aforesaid, or some of them, did form and compose, or did assist in the Forming and Com&rehy;posing an Army of Men, consisting of his Majesty's Liege Subjects, in order to wage War against his said Majesty, for and in behalf and in favour of the said Pretender to the Crown of these Realms; And the said last mentioned Conspi&rehy;rators, their Accomplices and Confederates, at the Time and Times and Places aforesaid, and at divers other Times and Places within this Kingdom, did ma&rehy;liciously and traiterously make, levy, and raise War and Rebellion against His most Sacred Majesty, and in a warlike and hostile Manner did march thro' and invade several Parts of this Kingdom, and did unlawfully take and seize the Horses and other the Goods and Chattels of many of the peaceable and good Sub&rehy;jects of His Majesty, and in other Places did take and seize, from his Majesty's faithful Subjects, Guns, and other warlike Instruments, for the carrying on their traiterous Purposes.

And the said last mentioned Conspirators, their Complices and Confederates, during their March and Invasion aforesaid, in open Defiance of His most Sacred Majesty's just and undoubted Title to the Imperial Crown of these Realms, did wickedly and traiterously Cause and Procure the said Pretender to be proclaimed, in the most publick and solemn Manner, as King of these Realms; and in se&rehy;veral Places in the Counties aforesaid, or some of them, did unlawfully take and seize from His Majesty's Officers of the Revenue the publick Mony, for the Use and Service of the said Pretender; and tho' many of the Conspirators are avowed Professors of the Popish Religion, yet the more effectually to cover and disguise their most wicked and traiterous Designs, and to delude His Majesty's Subjects, they did prevail on and procure several Men in Holy Orders, Ministers of the Church of England, and who had before that time abjured the said Pre&rehy;tender, to Accompany, Countenance and Abet the said most traiterous Enter&rehy;prize, and in several Places in the Counties aforesaid, where the said Conspira&rehy;tors, their Complices and Confederates then were, to pray for the said Preten&rehy;der in the publick Churches, as King of these Realms.

That the said last mentioned Conspirators, their Accomplices and Confederates, did, on or about the Ninth, Tenth, Eleventh, Twelfth or Thirteenth of No&rehy;vember aforesaid, Traiterously seize and possess themselves of the Town of Preston in the County Palatine of Lancaster a&rehy;gainst His Majesty, and did then and there in a warlike and hostile Manner levy War, Oppose, Engage and Fight against His Majesty's Forces; and did then and there cause and procure a Mise&rehy;rable and horrid Slaughter and Murther of many of His Majesty's faithful Subjects.

All which Treasons and Crimes abovementioned were Contrived, Committed, Perpetrated, Acted and Done, by the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, William Lord Nairn, and o&rehy;ther the Conspirators aforesaid, against Our Sovereign Lord the King, His Crown and Dignity; and contrary to the duty of their Allegiance, and against the Laws and Statutes of this Kingdom.

Of all which Treasons and Crimes, the Knights, Citizens and Burgesses in Parliament Assembled, do, in the name of themselves and of all the Commons of Great Britain, Impeach the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, William Lord Nairn, and every of them.

And the said Commons by Protestation saving to themselves the liberty of ex&rehy;hibiting at any time hereafter any other Accusations or Impeachments against the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, or any of them; and also of Replying to the Answers which the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, or any them, shall make to the Premisses, or any of them, or to any Impeachment or Accusation that shall be by them Exhibited according to the course and pro&rehy;ceedings of Parliament; And do pray that the said James Earl of Derwentwa&rehy;ter, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, be put to Answer all and every the Premisses; And that such Pro&rehy;ceedings, Examinations, Tryals and Judgments may be upon them and every of them had and used as shall be agreeable to Law and Justice.

 Lord High Steward.

Read the Orders of the House of Lords of the Nine&rehy;teenth of January last.

 ―

Die Jovis 19 Januarii, 1715.

&Tic;HE Order of the Day being read, for bringing James Earl of Derwentwa&rehy;ter, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, to this House, in order to their putting in their several Answers to the Articles of Impeachment of High Treason Exhibited against them by the House of Commons:

The said Earl of Derwentwater was brought to the Bar by the Gentleman Usher of the Black-Rod, where he kneeled until the Lord Chancellor directed him to rise; and his Lordship acquainted him with the abovementioned Order, and demanded of him if he was ready to put in his Answer, which he said he was, and delivered the same at the Bar.

Which Answer of the said Earl of Derwentwater was read, and is as follows.

The Answer of James Earl of Derwentwater, to the Articles of Impeach&rehy;ment of High Treason exhibited against him by the Honourable the Knights, Citizens, and Burgesses of Great Britain in Parliament Assembled.

&Tic;O a Charge of so high and heinous a Nature the said Earl cannot Answer without the deepest Concern and Affliction, which becomes more weighty from the Share the Honourable House of Commons have been pleased to take in the Accusation; He assures himself however, that Great Assembly doth not engage in the Prosecution of an Offence, so open to Conviction in the ordi&rehy;nary Course of Law, with design to intercept that Mercy which the Earl, from the Report of His Majesty's natural Goodness, had reason to expect. It would be a Thought unworthy any Member of that August Body, to imagine he could have the least desire of spilling the Blood of any of his Fellow-Subjects, whom his Majesty's great Wisdom should think a fit Object of his Mercy; the said Earl therefore hopes that his Prosecution is taken out of the common Course of Justice, with Intentions that if in his particular Case there shall appear any Circumstances inducing Favour or Compassion, both your Lordships and the Commons may be Intercessors with his Majesty for Grace towards him; where&rehy;by the Exercise of the Royal Mercy, upon which the Earl depended (which a&rehy;mongst all the Virtues of the Crown most endears a Monarch to the Love and Affection of his People) may be extended in such Manner as may demonstrate that Clemency for which his Majesty is so greatly renowned, and not encou&rehy;rage any to Offend upon the Presumption of it for the future. The said Earl Acknowledges, with a real Sorrow, that at the time in the Articles mentioned he was in Arms, and with others did March through and invade several Parts of this Kingdom; and Confesses he is thereby guilty of the Offence wherewith he is charged in the said Articles. But if any Offence of that kind was ever at&rehy;tended with Circumstances which might move Compassion, the said Earl hopes he may be intitled to it: He begs Leave to inform your Lordships, That his Temper and Inclination disposed him to live peaceably under His Majesty's Go&rehy;vernment, and he never had the least Prejudice or Malice against his Person, nor was he ever heretofore concerned in or privy to any Design or Contrivance to subvert or disturb the Established Government, the Laws or Religion of this Kingdom; and if any Methods were taken by others to accomplish any of those Ends, he was absolutely a Stranger to them; nor did he now Engage in this Unhappy Undertaking upon any previous Concert or Contrivance for any such purpose; but being Young and Unexperienced, he rashly, and without any De&rehy;liberation, engaged himself to meet at Plainefield in Northumberland, on Assu&rehy;rance that many of his Relations and Acquaintance would appear there; that his Undertaking was sudden, appears in that he engaged in it without any pre&rehy;vious Preparation of Men, Horses, Arms, or other Warlike Accoutrements; and as the said Earl cannot be justly reproached with any Cruel, Severe, or Harsh Action during the Continuance in Arms, so he took the first Opportunity that offered of submitting to the King's Mercy. After the sudden Skirmishes at Pre&rehy;ston, the said Earl, with others, was sollicitous to prevent any further Destru&rehy;ction of the Lives of his Majesty's Subjects, and instrumental to induce all in Arms to submit themselves to the King, provided they might be secured of their Lives. One of his Majesty's Officers, sent from the General, gave them Encou&rehy;ragement to believe, that the Surrender of themselves would be the ready way to obtain the King's Mercy: In Confidence whereof, when a Cessation was agreed on, the said Earl offer'd himself to become one of the Hostages for them till the next Morning, in which time he received further Assurances from the Offi&rehy;cers, that the King was a Prince of known Clemency; that this was a distin&rehy;guishing part of his Character, and that the free Surrender to Mercy would be the most proper means to obtain it. The said Earl believes his Majesty's Offi&rehy;cers were very sensible, and will be so just as to acknowledge, that it had not been impracticable for many of those at Preston to make their way through his Ma&rehy;jesty's Forces; but this Attempt must have occasioned the loss of many Lives, and might have been productive of ill Consequences to the Government, which the said Earl was desirous to prevent; and when the time agreed on for the Ces&rehy;sation was near expired, and General Wills seemed uneasie in not having received any Message from those in the Town, the said Earl writ a Letter to exhort them to surrender to the King's Mercy; and at the same time declared to the said Ge&rehy;neral, and other Officers, that whatever happened, he was determined to conti&rehy;nue with them, and rely entirely on his Majesty's Clemency and Goodness, which he had Encouragement to expect; and in such Circumstances the said Earl cannot distrust your Lordships or the Commons readiness, to use their Me&rehy;diation for Mercy on his behalf, which will lay him under the highest Obliga&rehy;tions of Duty and Affection to his Majesty, and perpetual Gratitude to both Houses of Parliament.

Derwentwater.

The Material Words of which Answer appearing not to be sufficiently express and clear, the Lord Chancellor asked the said Earl if he meant by the said An&rehy;swer to plead Guilty to the said Articles of Impeachment.

He said he did, and submitted to the King's Mercy, and humbly desired their Lordships Intercession to his Majesty; and his said Answer and Plea was Recorded accordingly.

And he withdrew.

Then the Lord Widdrington was brought to the Bar, and having there also kneeled, was acquainted by the Lord Chancellor with the aforementioned Or&rehy;der, and ask'd the same Question as the Earl of Derwentwater; and he likewise delivered in his Answer, which was read as follows:

The Answer of William Lord Widdrington to the Articles of Impeachment of High Treason Exhibited against him by the Honourable the Knights, Citizens, and Burgesses of Great Britain in Parliament assembled.

&Iic;T is with inexpressible Concern and Affliction the said Lord appears before this August Assembly charged with Crimes of the most heinous Nature; and though it is Natural to Mankind to endeavour to conceal their Guilt, and make use of all manner of Defence, especially in the case of Life, yet as he sur&rehy;rendred himself at Preston, intirely relying on his Majesty's Mercy, so he is now resolved not to take any Measures which may argue the least Diffidence of that Mercy, or of your Lordships Goodness; and therefore the said Lord confesses he is Guilty of the Treason wherewith he is charged in the said Articles; and after having thus freely acknowledged his Offence, he begs leave to lay his Case before your Lordships, and humbly hopes when the particular Circumstances are considered, it will not be thought to Merit the most rigorous Punishment, but that both your Lordships, and the Honourable House of Commons, will look upon him as a proper Object of his Majesty's Clemency; and he humbly hopes he may not be thought the less unworthy of Favour, in that he never before Offended, nor was at any time privy to, or acquainted with any Design or Con&rehy;trivance to destroy or disturb the Established Government, the Laws or Reli&rehy;gion of this Kingdom, but came unawares into this sudden and unpremeditated Action; for although he had met with Publick Rumours and Reports of intended Invasions from Abroad, and Insurrections at Home, yet he never knew, or any other way heard of any formed Design against the Government, till he was told the Night before of a Meeting intended at Plainfield in Northumberland on the Sixth of October last; and being soon after informed, that almost all his Neigh&rehy;bours and Acquaintance had there met in Arms, he took a hasty and inconside&rehy;rate Resolution of joining them; nor was he in any sort prepared for such an Undertaking, having only some of his own Family with him, no Arms but his common Fowling-Pieces and wearing Swords, and fewer Horses than he had constantly kept for several Years before; and nothing but the Report of so many of his Friends being engaged could have hurried him on to an Enterprize so unaccountably Rash and Unjustifiable; and he is willing to hope your Lordships will esteem it some Alleviation of his Crime, that in a Commotion of that Na&rehy;ture there was so little Violation of the Rights and Properties of those who op&rehy;posed them; for he believes few Instances can be found, where such a Multitude continued so long in Arms without doing greater Acts of Violence and Injustice. The said Lord cannot charge himself with any injurious Acts to the Property of his Fellow-Subjects, and endeavoured to prevent them in others; and hopes it was thence owing in some Measure, that there was shown all along greater Marks of Moderation and Humanity, than is common in such a Warlike and Hostile Proceeding. The Suddenness of the Attack at Preston, without any previous Sum&rehy;mons, admitted no time for mediating a Submission before the loss of that Blood which was there unfortunately spilt; but after the Heat and Surprize of the first Action was over, a Cessation of Arms was desired, and upon the mutual Messages which then passed, the Officers sent from the General encouraged them to be&rehy;lieve the surrendring themselves would be the ready way to obtain the King's Mercy, and gave them repeated Assurances, that they submitted to a Prince of the greatest Clemency in the World: Upon these Hopes and Assurances they made a general Surrender of themselves to the King; and the said Lord may justly take notice to your Lordships, that as he was the last who took up Arms, so he was the first who procured a Meeting of the Chief Persons among them, in or&rehy;der to lay them down; and cannot doubt but your Lordships, and the Honoura&rehy;ble House of Commons, will think it equitable to make some Distinction between an obstinate Resistance and an early and humble Submission, whereby the Peace and Tranquility of this part of his Majesty's Dominions was intirely restored. Nature must have started at yielding themselves up to a certain and ignominious Death, when it must be acknowledged that it was not impracticable for many of them to have escaped; and it was possible so great a Number grown desperate might have obtained further Success, and thereby prevented the so speedy sup&rehy;pressing that Insurrection; but the said Lord, and the rest, having with the ut&rehy;most Confidence relied on the Assurances of his Majesty's great Clemency, and the hopes of Mercy, which had been given them from the Officers who commanded the Royal Forces, he is encouraged with great Earnestness to implore the Intercession of your Lordships, and the Honourable House of Commons, with his Majesty, for that Mercy on which they wholly depended; and as he doth not know where Mercy was refused to those who so early and with so much Resignation sub&rehy;mitted to it, so he humbly hopes your Lordships may be induced to think, that the Exercise of this Divine Virtue by his Majesty towards those who cast them&rehy;selves at his Royal Feet upon the sole Prospect and Expectation of it, will appear no less Glorious to his Majesty, and prove no less Advantageous to the future Quiet and Tranquility of his Government, than any Examples of Justice in such a Case can be likely to do: And whatever Marks of Goodness and Favour his Ma&rehy;jesty shall vouchsafe to the said Lord, will not fail to engage him by the strongest Tyes of Gratitude, to demonstrate in the future course of his Life the most con&rehy;stant and inviolable Duty to his Majesty, and the most real Esteem and Venera&rehy;tion for your Lordships and the Honourable House of Commons.

Widdrington.

And the said Lord Widdrington being asked if he had any thing further to say, he begg'd to be excused all Imperfections in his said Answer, said he had been indisposed with the Gout in his Stomach, and was not able to employ him&rehy;self in preparing his Answer till last Night, and finished it but this Morning, and humbly implored their Lordships Intercession to his Majesty for Favour and Mercy; and his Answer and Plea was Recorded accordingly.

And he withdrew.

Then the Earl of Nithisdale was brought to the Bar, and having there like&rehy;wise kneeled was acquainted with the forementioned Order, and asked the same Question as the Earl of Derwentwater; and he also delivered in his Answer, which was read as follows.

The Answer of William Earl of Nithisdale, to the Articles of Impeach&rehy;ment of High-Treason Exhibited against him by the Honourable the Knights, Citizens, and Burgesses of Great Britain in Parliament As&rehy;sembled.

&Iic;T is with the utmost Confusion the said Earl appears at your Lordships Bar, under the Weight of an Impeachment by the Commons of Great Britain for High Treason; he humbly begs Leave, in Extenuation of his Crime, to assure your Lordships that he was always a zealous Asserter of the Liberties of his Country, and never engaged in forming or carrying on any Design to subvert the ancient Established Government and the good Laws of this Kingdom; but being Summoned by those entrusted with the Administration of the Govern&rehy;ment in Scotland to appear at Edinburgh, and being assured if he went thither he should be made close Prisoner, he did not obey the Summons; but in all humble Manner applied for their Indulgence in dispensing with his being com&rehy;mitted to Goal, offering to give any Bail for his peaceable and quiet Behaviour; which being refus'd, and being at that time in so ill a State of Health, that a Confinement in Edinburgh Castle would have endangered his Life, he was forced to abscond, and kept private 'till several of the Persons mentioned in the said Impeachment, with many other of his Neighbours, appeared in Arms very near the Place where the said Earl lay concealed; and then he inconsiderately and unfortunately (with four of his Domesticks and no other Person whatso&rehy;ever) joined them, and proceeded in their Company to the Places in the said Articles of Impeachment mentioned; but he knew nothing of the in&rehy;tended Insurrection 'till they were actually in Arms. The said Earl is deep&rehy;ly sensible of his great Offence, and not affecting Delay, nor being willing to give your Lordships or the Honourable House of Commons any unneces&rehy;sary Trouble; He does with a Sorrow, equal to his Crime, confess that he is Guilty of the Treason in the said Articles of Impeachment contained, and throws himself at his Majesty's Feet, imploring his Royal Mercy; and to incline His Majesty thereto, and induce your Lordships to recommend him as an Object thereof, he begs Leave to inform your Lordships, that when he, and the rest that were with him at Preston, had engaged in a Battle, a Cessation of Arms being agreed to, they had Intimations from His Majesty's Officers, that if they submitted, they might expect the King's Mercy; and History abounding with Instances of Conditions stipu&rehy;lated with Generals, even with Rebels, and afterwards agreed to, and con&rehy;firmed by their Sovereigns, they were prevailed on by such Encourage&rehy;ment, together with the Consideration of His Majesty's known Clemency, to surrender themselves Prisoners, whereby the Lives of great Numbers of His Majesty's good Subjects were saved, which by an obstinate Resist&rehy;ance would inevitably have been destroyed; and therefore he most humb&rehy;ly begs your Lordships would be pleased to represent his Case to his Ma&rehy;jesty in the most favourable Manner; not doubting but by your Lordships powerful Intercession, he shall find, that as he performed the Duty of a good Christian, in concurring to prevent the Effusion of Blood; so he acted the Part of a wise Man in relying upon a Mercy so extensive as that of his Majesty: And he presumes, when the Honourable House of Commons are apprized of the Nature of his Case, they will not interpose to prevent him from having a Share in the Benefit of that Mercy.

Nithisdale.

And the said Earl of Nithisdale being asked if he had any thing further to say, he said he had nothing, but to implore the King's Mercy; and his Answer and Plea was recorded accordingly. And he withdrew.

Then the Earl of Carnwath was brought to the Bar, and having there likewise kneeled, was acquainted by the Lord Chancellor with the fore&rehy;mentioned Order, and asked the same Question as the Earl of Derwent&rehy;water.

He said he had no Answer in Writing, but desired to throw himself on the King's Mercy, and humbly implored their Lordships Intercession to his Majesty on his behalf; and assured the House, if the same were granted, he should think himself obliged to live under the strictest Tyes of Loyalty to his Majesty; and as to the said Articles, he said he was Guilty of the High&rehy;Treason contained in the said Articles of Impeachment against him; and the said Plea was recorded accordingly. And he withdrew.

Then the Viscount Kenmure was brought to the Bar, and having there kneeled also, was acquainted by the Lord Chancellor with the fore&rehy;mentioned Order, and asked the same Question as the Earl of Derwentwater.

He said he had no Answer in Writing, but was Guilty of the Charge of High-Treason contained in the Articles of Impeachment against him, and begged the House would intercede with his Majesty for Mercy; and his Plea was recorded accordingly. And he withdrew.

Then the Lord Nairn was brought to the Bar, and having there also kneeled, was acquainted by the Lord Chancellor with the forementioned Order, and ask'd the same Question as the Earl of Derwentwater.

He said he threw himself upon the King's Mercy, and begged the Inter&rehy;cession of this House to his Majesty; and as to the Articles of Impeachment exhibited against him, he said he was Guilty of the High-Treason con&rehy;tained in the said Articles; and his Plea was recorded accordingly.

Then he delivered in a Petition at the Bar, and the same was read as follows.

To the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled. The Humble Petition of William Lord Nairn,

Sheweth,

&Tic;HAT your Petitioner was educated, and hath always continued a Protestant, according to the Discipline of the Church of England; and tho', by reason of some mistaken Principles he unwarily imbibed in his tender Years, he did not in all respects conform to the late Revolution, lying under the less Necessity, for that he had married an Heiress, in whom all the Right of your Petitioner's Estate is invested; and tho' he ne&rehy;ver took the Oaths, yet he always peaceably submitted to, and lived qui&rehy;etly under the Government as by Law Established, until the breaking out of this Rebellion, in which your Petitioner was inadvertently involv'd, but not before the Lord Mar, and his Adherents, had for a considerable time made themselves Masters of Perth and Dunkeld, and thereby sur&rehy;rounded your Petitioner's whole Estate, and came to your Petitioner's House, lying in the middle between those places.

Your Petitioner heartily repents of this rash Undertaking, and solemnly declares he knew nothing of any previous Consultations, or Conspiracies, in favour of the Pretender, before he actually appear'd in Arms; nor knew any thing about crossing the Forth, until the Morning he was sent over under Macintoch's Command; and then was so far from approving of that Expedition, that tho' to avoid the Imputation of Cowardice he wou'd hazard his own Person therein, your Petitioner ordered back all his De&rehy;pendents, and was only attended by his Son, and four Servants, who would not leave him in a time of Danger, tho' often desired; nor was your Petitioner privy to any Designs of Marching into England, for having been bred a Seaman, he had no Pretensions to Knowledge in the Land Service.

Your Petitioner being now sensible of his Errors, hath pleaded Guilty to the Articles of Impeachment of High-Treason exhibited against him by the Honourable House of Commons, and thrown himself at his Majesty's Feet; humbly beseeching your Lordships, in Commiseration of the deplo&rehy;rable Circumstances of your Petitioner, and his Twelve Children, to re&rehy;commend him to his Majesty for that Mercy, which at the time of his Surrender he was made to believe he might reasonably expect.

This will lay your Petitioner and his Posterity under the greatest Obli&rehy;gations of Duty and Gratitude to his Majesty, and bind them for ever to bless your Lordships as the merciful Instruments of procuring such a Gra&rehy;cious Deliverance.

And your Petitioner shall ever pray, &c. NAIRN.

And being asked if he had any thing further to say, he said he had not, and withdrew. ―

Lord High-Steward.

My Lords, that are the Prisoners at the Bar, I am to acquaint your Lordships, that upon any Occasion which shall be offered you to speak for your selves, you are to direct your Speech to the Lords in general; and so is any other Person that shall have occasion to speak to this Court.

 Lord High-Steward. James

Earl of Derwentwater, William Lord Wid&rehy;drington, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, You stand Impeached of High-Treason by the Commons of Great-Britain in Parliament assembled; which Treason is contain'd in the Articles that have been lately read; to this you have severally pleaded Guilty, and are thereby Convicted. What say you, James Earl of Derwentwater, why Judgment should not pass upon you according to Law?

 Earl of Derwentwater.

&Iic; Only humbly beg leave of my Noble Peers to re&rehy;peat a few Circumstances mentioned in my Answer to the Articles of Impeachment exhibited against me by the Honourable House of Commons.

But the Terrors of your Lordships just Sentence, which at once deprive me of my Life and Estate, and compleat the Misfortunes of my Wife and innocent Children, are so heavy upon my Mind, together with my Unex&rehy;perience, that I am scarce able to alledge what may extenuate my Offence, if any thing can do it I have confest my self Guilty; but, my Lords, that Guilt was rashly incurred without any Premeditation, as I hope your Lord&rehy;ships will be convinced by one Particular: I beg leave to observe, I was wholly unprovided with Men, Horses, Arms, and other Necessaries, which in my Situation I could not have wanted, had I been privy to any formed Design: As my Offence was sudden, so my Submission was early; when his Majesty's Generals thought fit to demand Hostages for securing the Terms of the Cessation, I voluntarily offered my self, without which the Cessation might possibly have proved ineffectual: And whilst I continued Hostage, the great Character of his Majesty's Clemency, and the repeated Encouragement I had to hope for Mercy, by surrendring to it, soon de&rehy;termined me, and I accordingly declared my Resolution to remain with his Majesty's Forces, and from that time submitted my self to his Good&rehy;ness, on which I still entirely depend. I humbly hope to obtain the Me&rehy;diation of your Lordships, and of the Honourable House of Commons, in my behalf; solemnly protesting my future Conduct shall show me not al&rehy;together unworthy your Generous Compassion for my Life, which is all I can beg of his Majesty.

 Lord High-Steward.

My Lord Derwentwater, your Lordship's Voice hath not been perfectly heard to this end of the Court, therefore I ask you whether you have pleaded any thing in Arrest of Judgment.

 Lord Derwentwater.

No, my Lords.

 Lord High-Steward.

Lord Widdrington, what have you to say for your self why Judgment should not pass upon you according to Law?

 Lord Widdrington.

&Mic;Y Lords, I have abandoned all manner of Defence ever since I first surrendered my self to his Majesty's Royal Clemency, and only now beg leave to repeat to your Lordships some Circumstances of my unhappy Case, which I have already set forth in my An&rehy;swer.

Your Lordships see before you an unfortunate Man, who after leading a pri&rehy;vate and retired Life for many Years, has by one rash and inconsiderate Action exposed himself and his Family to the greatest Calamities and Misery, and is now upon the point of receiving the severest Sentence directed by any of our English Laws.

I do protest to your Lordships, that I was never privy to any concerted Measures against his Majesty's Royal Person, or the established Government: As to the Insurrection in Northumberland, I only heard of it accidentally the Night before it happened, and being soon after informed that all my Neigh&rehy;bours and Acquaintance had met in Arms, a crowd of confused and mistaken Notions hurried me at once into a precipitate Resolution of joyning them; a Resolution, which, I must own, I could never since calmly reflect upon with&rehy;out part of that Confusion I find my self under in the publick Acknow&rehy;ledgement of so much Rashness and Folly. After thus plunging out of my Depth, as unprepared for such an Enterprize as the Action was unpremedi&rehy;tated, I cannot for my own particular, upon the strictest Recollection, charge my self with any Violation of the Properties of my Fellow-Subjects: But on the contrary, I always endeavour'd to encourage Humanity and Moderation during the whole course of our miserable Expedition; and in order to make the best Atonement in my Power for the great Fault I had been Guilty of, I can justly say, that I was in no small Degree instrumental in procuring a general Submission to his Majesty. But, my Lords, however willing or desirous, either I or any others might be to put a speedy End to those unfortunate Troubles; Self-preservation, the first and most powerful Law of Nature, would have rendred the Proposal vain and fruitless, had not the Offi&rehy;cers who commanded the Royal Forces given us Hopes of Mercy, and assured us we submitted to a Prince of the greatest Clemency in the World. These Hopes, and this Assurance, answered the strongest Objections, overcame all remaining Difficulties, and gave the finishing Stroke to a general Surrender, whereby the further Effusion of British Blood was prevented, and a perfect Tranquility restored to these Parts of his Majesty's Dominions.

My Lords, as this my first Attempt was rash and unpremeditated, as I always used and promoted Moderation and Humanity towards my Fellow-Subjects, and as I did not obstinately persist in my Fault, but was the first who proposed an early Submission to his Majesty, I humbly hope my unhappy Case, and the de&rehy;plorable Condition of my unfortunate Children, already deprived of their tender Mother, will raise a generous Compassion in your Lordships, and the Honoura&rehy;ble House of Commons; and I most earnestly entreat both your Lordships, and that Honourable House, to become Intercessors with his Majesty in my behalf, for that Mercy which I was encouraged to hope for when I first sur&rehy;rendred, and which I have ever since with the utmost Confidence relied upon.

I have only to add my most Solemn Assurance before this August Assem&rehy;bly, that no future time shall ever find me wanting in the most inviolable Duty and Gratitude to that merciful Prince who gives me my Life, and re&rehy;stores a Father to five miserable and distressed Orphans; and I shall always re&rehy;tain the highest Esteem and Veneration for your Lordships and the Honoura&rehy;ble House of Commons.

 Lord High-Steward.

Lord Widdrington, for greater certainty I ask your Lordship whether you have pleaded any thing in Arrest of Judgment.

 Lord Widdrington.

No, my Lords, I have not.

Lord High-Steward. William

Earl of Nithisdale, what hath your Lord&rehy;ship to say for your self why Judgment should not pass upon you according to Law?

 Lord Nithisdale.

&Mic;Y Lords, I have confessed my self Guilty, relying on&rehy;ly on His Majesty's Mercy; and I beg leave to as&rehy;sure your Lordships I was never privy to any Plot or Design against His Majesty's Person or Government, and was unprovided with any Necessaries for such a Purpose; but rashly and inconsiderately, with only four of my Ser&rehy;vants, joined those who appeared in Arms in my Neighbourhood, and was one of the last who went unto them.

At Preston, my Lords, His Majesty's Generals gave great Hopes and En&rehy;couragement to believe that Surrendering to His Majesty's Mercy was the ready way to obtain it, with repeated Assurances that His Majesty was a Prince of the greatest Clemency.

Upon those Hopes and Assurances I submitted my self, and still entirely depend on His Majesty's Goodness, earnestly beseeching your Lordships and the honourable House of Commons, to intercede with His Majesty on my Behalf.

And I solemnly promise your Lordships I shall, during the remainder of my Life, pay the utmost Duty and Gratitude to His Most Gracious Majesty, and the highest Veneration and Respect to your Lordships and the honourable House of Commons.

 Lord High-Steward.

I must also ask your Lordship (your Lordship's Voice not reaching thus far) whether you have pleaded any thing in Arrest of Judg&rehy;ment.

 Lord Nithisdale.

No, my Lords, I have not.

Lord High-Steward.

Lord Carnwath, what have you to say for your self why Judgment should not pass upon you according to Law?

 Lord Carnwath.

&Mic;Y Lords, I shall not trouble this Great Assembly with a Repetition of what I said, when formerly before your Lordships and his Majesty's Council.

I hope these Noble Lords entertain that favourable Opinion of my sincere Dealing then, as to believe that want of Experience and Knowledge of the Laws was the great Inducement of engaging me in this fatal and unhappy Undertaking.

The only thing I can hope or wish for is his Majesty's Mercy; He has the Character of a merciful Prince: Should it please him to think me a proper Ob&rehy;ject for it, (tho' I must confess my self a very unworthy one) all I can say, my Lords, is, that the Remainder of my Life shall convince his Majesty, and all the World, of my true Penitence and Gratitude.

My Lords, I am yet an unworthy Member of this great Body, the Peer&rehy;age, now expecting your Lordships Judgment as to Life or Death: Should it be for Life, my Demeanour and Carriage for the future will be such, as none of your Lordships shall be asham'd of having shew'd me Compassion; But shou'd it be for Death, God's Will be done; To my last Hour I shall pray for the Nation's and your Lordships Prosperity; having this Comfort in my present Distress, that your Lordships are my Judges at this Tribunal: And yet a greater Comfort have I, that I am soon to appear before a Greater, where I can't despair of finding Mercy and Forgiveness for all my Sins.

I beg God Almighty's Pardon for them: I have already ask'd his Majesty's, and I do it now; And I do humbly beg leave, once more, and perhaps the last Occasion that ever I shall have, to desire that your Grace, this noble House, and the honourable Commons of Great Britain, who are now here, would intercede with his Majesty for me.

I take my Leave of your Lordships, &rehy;And wish you all Happiness.

 Lord High-Steward.

Does your Lordship offer any thing in Arrest of Judgment?

Lord Carnwath.

No, my Lords.

 Lord High-Steward.

Lord Kenmure, what have you to say for your self why Judgment should not pass upon you according to Law?

 Lord Kenmure.

&Mic;Y Lords, I am truly sensible of my Crime, and want Words to express my Repentance. God knows I ne&rehy;ver had any personal Prejudice against his Majesty, nor was I ever accessary to any previous Design against him. I humbly beg my noble Peers and the honourable House of Commons to intercede with the King for Mercy to me, that I may live to show my self the dutifullest of his Subjects, and to be the Means to keep my Wife and Four small Children from starving; the Thoughts of which, with my Crime, makes me the most unfortunate of all Gentlemen.

 Lord High-Steward.

My Lord, your Voice not being heard to this End of the Court, I would know whether in what you have said you have offered any thing in Arrest of Judgment.

 Lord Kenmure.

No, my Lords.

 Lord High-Steward.

Lord Nairn, what have you to say for your self why Judgment should not pass upon you according to Law?

 Lord Nairn.

&Iic; Am very sensible how unfit I am to plead my own Cause before your Grace (my Lord High-Steward) and this August Assembly, and therefore, tho' I could say much to extenuate the Crime for which I stand Impeached, yet I chuse rather to lay my whole Stress upon the King's Mercy for which he is so renowned, and which I was put in hopes of at the time of my Surrender. In Consideration where&rehy;of, and in Compassion to an afflicted Wife and Twelve Children, I still hope, by the Mediation of your Grace, my noble Lords, and the honourable House of Commons, I may obtain it, solemnly protesting, that in Gratitude for so signal a Deliverance, I will, to the End of my Life, remain a dutiful and obe&rehy;dient Subject to His most Gracious and Sacred Majesty King George.

 Lord High-Steward.

My Lord, for greater Certainty, I ask your Lordship whether you have offered any thing in Arrest of Judgment.

 Lord Nairn.

No, my Lords.

 Serjeant at Arms.

O Yes, O Yes, O Yes! Our Sovereign Lord the King strictly charges and commands all manner of Persons to keep Silence up&rehy;on Pain of Imprisonment.

 Lord High-Steward.

&Jic;Ames Earl of Derwentwater, William Lord Wid&rehy;drington, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount of Kenmure, William Lord Nairn,

You stand Impeached, by the Commons of Great Britain in Parliament assem&rehy;bled, 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 Impeachment, though one of your Lordships, in the Introduction to his Plea, supposes to be out of the ordinary and common Course of the Law and Ju&rehy;stice, is yet as much a Course of Proceeding according to the Common Law, as any other whatsoever.

If you had been Indicted, the Indictment must have been removed 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 Suppositi&rehy;on of Hardship as to the Method of proceeding against you), That however all great Assemblies amongst us are apt to differ on other Points, You were Im&rehy;peached by the unanimous Opinion of the House of Commons (not one contra&rehy;dicting).

They found themselves, it seems, so much concern'd in the Preservation of His most truly Sacred Majesty, and the Protestant Succession (the very Life and Soul of these Kingdoms) that they could not omit the first Opportunity of taking their proper part, in order to so signal and necessary an Act of his Ma&rehy;jesty's Justice.

And thus the whole Body Politick of this free Kingdom has in a manner rose up in its own Defence, for the Punishment of those Crimes, which, 'twas rightly apprehended, had a direct Tendency to the everlasting Dissolution of it.

To this Impeachment you have severally pleaded, and acknowledged your selves Guilty of the High-Treason therein contain'd.

Your Pleas are accompanied with some variety of Matter, to mitigate your Of&rehy;fences, and to obtain Mercy.

Part of which; as some of the Circumstances said to have attended your Sur&rehy;render, (seeming to be offer'd rather as Arguments only for Mercy, than any thing in Mitigation of your preceding Guilt) is not proper for me to take No&rehy;tice of.

But as to the other part which is meant to extenuate the Crimes of which you are convicted, it is fit I should take this Occasion to make some Observations to your Lordships upon it; To the end that the Judgment to be given against you may clearly appear to be Just and Righteous, as well as Legal; and that you may not remain under any fatal Error in respect of a greater Judicature, by re&rehy;flecting with less Horror and Remorse on the Guilt you have contracted than it really deserves.

It is alledg'd by some of your Lordships, that you engaged in this Rebellion without previous Concert or Deliberation, and without suitable Preparations of Men, Horses and Arms.

If this should be supposed true, on some of your Lordships averring it; I de&rehy;sire you to consider, that as it exempts you from the Circumstance of contri&rehy;ving this Treason, so it very much aggravates your Guilt in that part you have undoubtedly born in the Execution of it.

For it shows, That your Inclinations to Rebel were so well known (which could only be from a continued Series of your Words and Actions) that the Contrivers of that Horrid Design depended upon you, and therein judg'd right&rehy;ly: That your Zeal to engage in this Treason was so strong, as to carry you into it on the least Warning, and the very first Invitation: That you would not excuse your selves by want of Preparation, as you might have done; And that rather than not have a share in the Rebellion, you would plunge your selves into it, almost naked and unprovided for such an Enterprize: In short, That your Men, Horses, and Arms were not so well prepared, as they might, and would have been on longer Warning; but your Minds were.

It is alledg'd also as an Extenuation of your Crime, that no cruel or harsh A&rehy;ction (I suppose is meant no Rapine or Plunder, or worse) has been committed by you.

This may, in part only, be true. But then your Lordships will at the same time consider, that the laying waste a Tract of Land bears but a little proportion in point of Guilt, compared with that Crime of which you stand convicted; an open Attempt to destroy the best of Kings, to ruin the whole Fabrick, and raze the very Foundations of a Government, the best suited of any in the World, to perfect the Happiness, and support the Dignity of Human Nature: The former Offence causes but a Mischief, that is soon recover'd, and is usually pretty much confin'd; the latter, had it succeeded, must have brought a lasting and uni&rehy;versal Destruction on the whole Kingdom.

Besides, much of this was owing to Accident; your March was so hasty, partly to avoid the King's Troops, and partly from a vain Hope to stir up Insur&rehy;rections in all the Counties you passed through, that you had not time to spread Devastation, without deviating from your main, and, as I have observ'd, much worse Design.

Farther. 'Tis very surprizing that any concern'd in this Rebellion should lay their ingaging in it on the Government's doing a necessary, and usual Act in like cases, for its Preservation; the giving Orders to confine such as were most likely to join in that Treason: 'Tis hard to believe that any one should Rebel, merely to avoid being restrain'd from Rebelling; or that a gentle Confinement would not much better have suited a crazy State of Health, than the Fatigues and Inconveniencies of such long and hasty Marches in the depth of Winter.

Your Lordships rising in Arms therefore, has much more justify'd the Pru&rehy;dence and Fitness of those Orders, than those Orders will in any wise serve to mi&rehy;tigate your Treason. Alas! happy had it been for all your Lordships had you fallen under so indulgent a Restraint!

When your Lordships shall in good earnest apply your selves to think impar&rehy;tially on your Case, surely you will not your selves believe, that 'tis possible, in the nature of the thing, to be engaged, and continue so long engaged, in such a dif&rehy;ficult and laborious Enterprize, through Rashness, Surprize, or Inadvertency: Or that, had the Attack at Preston been less sudden, (and consequently the Rebels better prepared to receive it) your Lordships had been reduced the sooner, and with less, if not without any Bloodshed.

No, my Lords; these, and such like, are artful Colourings proceeding from Minds fill'd with Expectation of continuing in this World; and not from such as are preparing for their Defence before a Tribunal, where the Thoughts of the Heart, and the true Springs and Causes of Actions, must be laid open.

And now, my Lords, having thus removed some false Colours you have used; To assist you yet farther in that necessary Work of thinking on your great Of&rehy;fence as you ought, I proceed to touch upon several Circumstances that seem greatly to aggravate your Crime, and which will deserve your most serious Con&rehy;sideration.

The Divine Virtues ('tis one of your Lordships own Epithets) which all the World as well as your Lordships acknowledge to be in His Majesty, and which you now lay claim to, ought certainly to have with-held your Hands from en&rehy;deavouring to depose, to destroy, to murder that most Excellent Prince; so the Impeachment speaks, and so the Law construes your Actions; and this is not only true in the Notion of Law, but almost always so in Deed and Reali&rehy;ty: 'Tis a trite, but very true Remark, That there are but few Hours between Kings being reduced under the Power of Pretenders to their Crown, and their Graves. Had you succeeded, His Majesty's Case would, I fear, have hardly been an Exception to that general Rule, since 'tis highly implorable, that Flight should have saved any of that Illustrious and Valiant Family.

'Tis a farther Aggravation of your Crime, that his Majesty, whom your Lord&rehy;ships would have Dethron'd, affected not the Crown by Force, or by the Arts of Ambition, but succeeded peaceably and legally to it; and on the Decease of her late Majesty without Issue, became undoubtedly the next in course of De&rehy;scent capable of succeeding to the Crown, by the Law and Constitution of this Kingdom; as it stood declared some Years before the Crown was expresly limited to the House of Hanover. This Right was acknowledg'd, and the Descent of the Crown limited or confirmed accordingly, by the whole Legislature in two successive Reigns; and more than once in the later, which your Lordships Ac&rehy;complices are very far from allowing, would biass the Nation to that side.

How could it then enter into the heart of Men, to think that private Per&rehy;sons might with a good Conscience endeavour to subvert such a Settlement, by running to tumultuary Arms; and by intoxicating the dreggs of the People, with contradictory Opinions, and groundless Slanders; or that God's Provi&rehy;dence would ever prosper such wicked, such ruinous Attempts?

Especially if in the next place it be consider'd, that the most fertile Inventions on the side of the Rebellion, have not been able to assign the least shadow of a Grievance as the Cause of it: To such poor Shifts have they been reduced on this Head, that for want of better Colours, it has been objected, in a solemn manner, by your Lordships Associates, to his Majesty's Government; That his People do not enjoy the fruits of Peace as our Neighbours have done since the last War: Thus they first rob us of our Peace, and then upbraid us that we have it not. 'Tis a Monstrous Rebellion that can find no fault with the Go&rehy;vernment it Invades, but what is the Effect of the Rebellion it self.

Your Lordships will likewise do well to consider what an additional Burthen your Treason has made necessary on the People of this Kingdom; who wanted, and were about to enjoy some Respite: To this end, 'tis well known, that all new, or encrease of Taxes, were the last Year carefully avoided, and his Ma&rehy;jesty was contented to have no more Forces than were just sufficient to attend his Person, and shut the Gates of a few Garrisons.

But what his Majesty thus did for the Ease and Quiet of his People, you most ungratefully turn'd to his Disadvantage, by taking Encouragement from thence, to endanger his and his Kingdoms Safety, and to bring Oppression on your Fellow-Subjects.

Your Lordships observe I avoid expatiating on the Miseries of a Civil War, a very large and copious Subject; I shall but barely suggest to you on that Head, that whatever those Calamities may happen to be in the present case, All who are at any Time or in any Place Partakers in the Rebellion (especially Persons of Figure and Distinction) are in some degree responsible for 'em: and therefore your Lordships must not hold your selves quite clear from the Guilt of those Barbari&rehy;ties which have been lately committed, by such as are engaged in the same Treason with you, and not yet perfectly reduced, in burning the Habitations of their Countrymen, and thereby exposing many Thousands to Cold and Hun&rehy;ger in this rigorous Season.

I must be so just to such of your Lordships, as profess the Religion of the Church of Rome, that you had one Temptation, and that a great one, to engage you in this Treason, which the others had not; in that 'twas evident, Success on your part must for ever have establish'd Popery in this Kingdom, and that pro&rehy;bably you could never have again so fair an Opportunity.

But then, good God! how must those Protestants be cover'd with Confusion, who enter'd into the same Measures, without so much as capitulating for their Religion (that ever I could find from any Examination I have seen or heard) or so much as requiring, much less obtaining a frail Promise, that it should be Preserv'd, or even Tolerated.

It is my Duty to exhort your Lordships thus, to think of the Aggrava&rehy;tions as well as the Mitigations (if there be any) of your Offences; and if I could have the least Hopes, that the Prejudices of Habit and Educati&rehy;on would not be too strong for the most Earnest and Charitable Entrea&rehy;ties; I would beg you not to rely any longer on those Directors of your Consciences, by whose Conduct you have, very probably, been led in&rehy;to this miserable Condition; but that your Lordships would be assisted by some of those Pious and Learned Divines of the Church of Eng&rehy;land, who have constantly bore that infallible Mark of sincere Christi&rehy;ans, 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 the 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 remitted by the Grace of the Crown to Persons of your Quality; but the Law in this Case being deaf to all Distinctions of Persons, requires I should Pro&rehy;nounce; and accordingly it is adjudg'd by this Court,

That you, James Earl of Derwentwater, William Lord Widdring&rehy;ton, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, and every of you, return to the Prison of the Tower from whence you came; from thence 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 Faces; Then your Heads must be sever'd from your Bodies, and your Bodies divided each into four Quarters; and these must be at the King's disposal.

And God Almighty be Merciful to your Souls!

 Serjeant at Arms.

O Yes! Our Sovereign Lord the King strictly Charges and Commands all manner of Persons to keep Silence, upon Pain of Imprisonment.

Then the Lord High Steward stood up uncover'd, and declaring there was nothing more to be done by Vertue of the present Commission, broke the Staff, and pronounced it dissolv'd: And then leaving the Chair, came down to the Wooll-Pack, and said, Is it your Lordships Pleasure to Adjourn to the House of Lords?

Lords.

Ay, Ay.

And then the House Adjourn'd to the House Above, and the Lords and others returned in the same Order they came down.―

FINIS.