to the sheriff to do with it as he pleased. Then turning to the block he viewed it close, and finding in it a rough place, which might offend his neck, he bid the executioner chip it off. Having prepared himself for the blow by pulling off his coat and waistcoat, he lay down to fit his head to the block, telling the executioner that the sign he should give him was, Lord Jesu receive my Soul, and at the third time of repeating it he was to do his office; which accordingly he did at one blow. Immediately after the earl of Derwentwater was executed as above, the lord Kenmure was brought to the scaffold, accompanied by his son and some friends, and attended by two clergymen of the Church of England, which was the religion he professed. He made no formal speech, but testified his sorrow for having pleaded guilty. Then laying down his head on the block, he raised it up again, and still continuing on his knees, gave the exe. cutioner some money, and told him, he would give him no sign, but that when he laid down his head again, he might perform his office as he saw good. Then having lifted up his hands a short time in prayer, he resolutely laid down his bead, which at two blows was severed from his body.

Upon lord Derwentwater's death a curious question arose, as to the force of the word purchase' in the stat. 11 & 12 W. S, c. 4. See the Appeal of the Lord Derwentwater, 9 Mod. p. 172.

The lord Kenmure made no speech, nor delivered any paper; but the following Letter of his to a nobleman, was printed soon after his death.

A True Copy of a LETTER Written by the Lord Viscount Kenmure to a certain Nobleman, the day before his execution. "My very good lord ;-Your lordship bes interested yourself so far in mine, and the lords my fellow-prisoners behalf, that I should be the greatest criminal now breathing, should I, whether the result of your generous intercession is life or death, be neglectful of paying my acknowledgments for that act of compassion.

*On the 18th of May in this same year 1716, was tried and convicted of high treason, Charles Radcliffe, brother to the earl of Derwentwater. It appears that his execution was several times respited. On the 11th of Dec. 1716, he with some others broke out of the gaol of Newgate and escaped. After various adventures, he was, in November 1745, taken on board a French vessel bound to Scotland; and in the following year having been arraigned upon his former conviction and attainder, he pleaded, that he was not the person mentioned in the record before the court; issue being joined upon this plea, and a jury finding a verdict that he was the same, &c. execution was awarded and done upon him. See his case in this Collection.

"We have already discoursed of the motives that induced me to take arms against the prince, now in possession of the throne, when you did me the honour of a visit, three days since, in my prison here: I shall therefore wave that point, and lament my unhappiness, for joining with the rest of the lords in pleading Guilty, in hopes of that mercy, which the generals Wills and Carpenter will do us the justice to say was promised us by both of them."

"Mr. Piggot and Mr. Eyres, the two lawyers employed by us, advised us to this plea; the avoiding of which might have given us farther time, for looking after the concerns of another life, though it had ended in the same sentence of losing this, which we now lie under. Thanks be to the Divine Majesty, to whose infinite mercy, as king of kings, I recommend myself, in hopes of forgiveness, though it shall be my fate to fail of it here on earth.

"Had the House of Commons thought fit to have received our petition with the same candour as yours has done, and recommended us to the compassion of the prince now reigning, we might then have entertained some hopes of life; but the answer from St. James's is such, as to make us have little or no thoughts of it.

"Under these dismal apprehensions then of approaching dissolution, which I thank my good God for his holy guidance I have made due preparation for, give me leave to tell you, that howsoever I have been censured on ac count of the family of the Gordons, which I am an unhappy branch of, that I have ever lived and will die in the profession of the Protestant religion, practised in the church, governed by bishops; and that I abhor all kingkilling doctrines, that are taught by the Church of Rome, as dangerous and absurd: And that though I have joined with some that have taken arms, of that persuasion, no other motive, but that of exercising my loyalty to the person called the Pretender, whom I firmly believe to be the true son of the late king James the second, and in defence of whose title I am now going to be a sacrifice, has induced me to it.

"Your lordship will remember the papers I have left with you, and deliver them to my son. They may be of use to his future conduct in life, when these eyes of mine are closed by death, which I could have wished might have stolen upon me by the ordinary course of nature, and not by the hands of an executioner.

"But as my blessed Saviour and Redeemer suffered an ignominious and cruel death, and the Son of God made flesh did not disdain to have his hands and feet nailed to the cross, for the sins of the world; so may I, poor miserable sinner, as far as human nature will allow, patiently bear with the hands of violence, that I expect suddenly to be stretched out against me.

"Your lordship will also, provided there is no hopes of a reprieve this night, make me acquainted with it as soon as possible, that I may

mended in the prayers of, my very good lord, your most affectionate kinsman, &c. "KENMURE."

"From my Prison in the Tower of London, Feb. 23, 1715."

meet that fate with readiness, which in a state of uncertainty I expect with uneasiness. I must also be pressing with your lordship, that if, in case of death, any paper under my name should come out as pretended to be written by me, in the manner or form of a speech, you will not believe it to be genuine; for I that am heartily sorry for disowning my principles, in one spoken before your lordship, and the rest of my peers, will never add to that act of indiscretion, by saying any thing on the scaffold, but my prayers, for the forgiveness of my poor self, and those that have brought me to be a spectacle to men and angels, especially since I must speak in my last moments according to the dictates of my conscience, and not prevaricate, as I did before the Lords, for which I take shame to myself; and such a method of proceeding might do injury to my brother Carnwath, who, I am told, is in a much fairer way than I am, of being not excluded from grace. I have nothing farther than to implore your lordship to charge your memory with the recommendations I gave you to my wife, and the rest of my children; beseeching God, that he will so sanctify their afflictions, that after the pains and terrors of this mortal life, they may with me be translated to the regions of everlasting joy and happiness: To which blessed state of immortality, your lordship shall also, while I am living, be recom

When the lord Kenmure was brought on the scaffold, he was attended by two divines, Mr. H- -s and Mr. Cockburn, the latter being not sent for till the night before, and told by him, He had so little thoughts of dying then, that he had not provided a black suit, that he might have died with more decency; for which he was sorry. As soon as he came on the scaffold he kneeled down, leaning one of his hands on the rail, and the divines prayed with him. He seemed to be very sincere and fervent in his devotions, often lifting up his hands and eyes to heaven: He had the undertaker, Mr. Roome, with him, to take care of his body, and a surgeon, who was to direct the executioner in doing his office, which he did, by drawing his finger over that part of his neck where the blow was to be given. The viscount kissed the officers and gentlemen on the scaffold all round, and some of them twice or thrice; and being asked, Whether he had any thing to say, or any speech to deliver? he said, No. He prayed for the Pretender,and repented of his having pleaded guilty, and died after a very courageous manner.

January 9, 1716.

THE Earl of Wintoun was impeached of high-treason; and the Articles were brought up against him and read the same day in the

As to various particulars respecting form of proceeding in this Case, see 4 Hats. Prec. and the Journals as referred to by him.

Upon looking into the books of Adjournal at Edinburgh I find that,

On the 6th September, 1715, Sir James Stuart, solicitor for the king, presented to the Court an order for raising criminal letters against the earl of Seaforth and others, to compear at Edinburgh for the purpose therein mentioned. Warrant to this effect was then signed by the justice clerk.

On the 15th the solicitor represented, that he had obtained letters for citing several persons to appear before their lordships; that he had executed them against the earls of Wintoun and Linlithgow, and Mr. Maule, brother of the earl of Panmure. And he begged that they might be called in virtue thereof, and if they did not appear, that their lordships would proceed against them according to law. They

House of Lords: and it was ordered that the said Earl, with the other impeached lords, should be brought to the bar of the House of Lords the next day, to hear the said Articles read, and to abide such further order as the

Fined

were accordingly called by name at the doors and windows of the Court, and upon their nonappearance, the lords found they had incurred the penalty of single and liferent escheat, to be brought in for his majesty's use. them and each of them in the sum of 5001. sterling for his majesty's use, and doomed them to be imprisoned for one year; conform to stat. 2 George 1.

Sept. 16. The same form was gone through as to the viscount Kingston, sir Hugh Paterson of Bannockburn, Stirling of Keir,

and sir Donald McDonald; and the same sentence was pronounced upon their not appearing.

Sept. 17. James Malcolm, viscount of Kilsyth, the lords Nairne and Rollo, master Nairne the eldest son of lord Nairne, George Home of Whitfield, Grahame of Bucklyvie, and Mr. Seton of Touch, were cited in same manner to appear, and a like sentence was pronounced.

House should think fit to make concerning them.

January 10, 1716.

The earl of Wintoun and the other impeached lords were brought to the bar in the usual form; then the said Articles of Impeachment were read unto them; after which

On the same day, sir William Erskine, the lord Lyon, appeared to answer his citation, and was committed to the castle of Edinburgh a prisoner.

Sept. 19. Viscount Strathallan, Walkinshaw of Barafield. The lord Drummond, and William Drummond his servant were cited and sentenced.

Sept. 20. Viscount Stormont, sir Patrick Murray of Ochtertyre, and Mr. William Murray of Ochtertyre were cited. Sir P. Murray appeared and was committed to the castle. The rest were sentenced as above.

Sept. 21. Earl of Carnwath, Francis Steuart brother to the earl of Murray, and John Drummond brother to lord Drummond, were cited and sentenced.

Sept. 23. Letters had been issued on 3rd against the viscount Strathallan, Lyon of Auchterhouse, Balfour of Fairnes and Balfour of Dunboig; the lord advocate represented that these letters had been executed against Balfour of Fairnes and Dunboig, the earl of Nithisdale and viscount of Kenmure. Sentence was then pronounced against them for non-appearance.

Sept. 24. Drummond of Logie, and his brother, were cited and sentenced.

Sept. 26. The earls of Panmure and Southesk, and Mr. Murray, master of Stormont, were cited and sentenced.

Sept. 27. Upon the earl of Bredalbane being called, a Petition for him was presented, stating, that from the infirmities of age he was unable to appear at Edinburgh, where he was cited, as shown per certificate under the hands of John Murray, doctor of medicine in Perth, and Mr. Alexander Convry, minister of the gospel at Kenmure; therefore prays their lordships to continue the diet of his appearance till such day as they shall please, or until he is able to attend. Sept. 29. Lyon of Auchterhouse, and John lord Glenorchy were cited and sentenced. Upon considering the Petition of the earl of Bredalbane, the lords also find," that the testificate produced for John earl of Bredalbane not being judicially instructed and proved, is not of itself a sufficient essonzie. And further the same being redargued by an evidence upon oath, proving that the said earl was at a place called Logierate several miles from his own house, where he came to the marquis of Tullibardine and earl of Mar, on the next day by 11 o'clock in the forenoon after the pretended testificate is dated." Therefore for disobedience and contumacy they pronounce sentence against him.

the Lord Chancellor asked them severally what they had to say thereunto, and acquainted them, that if they had any thing to request of the House, this was their proper time.

Thereupon the earl of Wintoun acquainted the House he was unprepared, and very ignorant of the form of their lordships' judicature, and desired he might have a copy of the

The same day sir Pat. Murray was admitted to bail in virtue of a letter from the king, authorising bail to be accepted.

Sept. 31. Alexander Robertson of Struan, was cited and sentenced.

Oct. 1. Marquis of Huntly, Robert Stewart of Appine, and John Stewart of Ardseal, were cited and sentenced.

Oct. 3. John Cameron younger of Lochiel, was cited and sentenced.

Oct. 4. John Campbell of Auchallader, was cited and sentenced.

Oct. 6. Sir Duncan Campbell of Lochnell, was cited and sentenced.

On the 16th December, Sir D. Campbell presented a Petition, stating that he had arrived in town the evening of the day on which he was summoned to attend, and had immediately waited on the lord justice clerk, but was too late; and for these reasons praying to be reponed. He also presented a letter from the king authorising him to be admitted to bail The Petition was granted, and the bail received.

Oct. 7. The laird of M'Kinnon, and William McKintosh younger of Borlum, cited and sentenced.

Oct. 10. Sir John M‘Lean laird of M‘Lean, and Allan M‘Donald, laird of Clanronald, were cited and sentenced.

Oct. 13. The earls of Marr, Marishale, and Seaforth, lieutenant general George Hamilton, the laird of Glengairy, the laird of Rippoch, Alexander M‘Kenzie of Frazerdale, Allan Cameron brother to Lochiel, and William Drummond brother to Logie, were cited and sentenced.

June 4, 1716. Lord Glenorchy presented a letter from his majesty, allowing him to be bailed.

June 6. The earl of Wigton presented a Petition, stating, that he had been committed in virtue of a warrant from major general Whithan, directed to colonel James Stuart, deputy governor of Edinburgh Castle, and dated August 20, 1715. The Petition prayed that he might be set at liberty because the said warrant did not express a cause or reason for the imprisonment, as was shewed by an attested copy thereof, under the hand of major Lindsey.

June 29. The earl of Wigton, who had been committed to prison on the 20th August, 1715, presented a Petition for liberation, stating, that he had been committed in virtue of a warrant from general Prevost, which did not express the cause of his imprisonment. The Petition was granted.

said Articles, and such time to answer as the House should think fit, and that counsel might be assigned to assist him. He was directed to withdraw; and being accordingly withdrawn, the House took his requests into consideration, and thereupon

Ordered, That his lordship should be allowed a copy of the said Articles of Impeachment, and time until Saturday next to put in his Answer thereunto; and that counsel should be assigned him in order to assist him in preparing his Answer, and likewise in his defence in matters of law.

Then his lordship was called in again, and the Lord Chancellor acquainted him with the said order, and that the House expected he should name such counsel as he desired to have.

To which he answered, that nobody was allowed to come to him, he was a stranger and unprepared, and desired to be allowed time to name his counsel.

Then his lordship being again withdrawn, After some time he was again called in, and the Lord Chancellor, by order of the House, acquainted him, that the House was pleased, besides counsel, to allow him a solicitor, and to give him leave to name whom he desired to come to him this evening, or to-morrow morning, in order to advise him in the naming of counsel and solicitor.

To which purpose the earl of Wintoun named Mr. Hereot, a clergyman, Mr. Menzies, major Sinclair, and Mr. George Lessly, a lawyer.

And then he again withdrew.

And the names of the several persons men. tioned by the earl of Wintoun being read to him, Ordered, That they have leave to repair to the said Earl at any convenient hour, any time before the sitting of the House to-morrow, in order to advise him in the naming of counsel, and a solicitor to assist him in his defence.

Ordered, That the several lords impeached, or any of them, have liberty to cause search to be made, and copies of Records and Journals to be taken out, in order to their defence; and that the said lords shall have summons issued for such witnesses as they shall respectively send in the names of, to be by them made use of at their trials; which witnesses shall have the protection of this House for their safe coming and going, during the time of the said trials.

January 12, 1716.

A petition of George earl of Wintoun was presented to the House and read, praying that he may have some further time for nominating counsel and a solicitor to act for him, and in the mean time to allow his friends formerly named to have access to him; he having caused application to be made to sir Thomas Powis, and Mr. Mead, to have appeared for him, but they both excused themselves.

Ordered, That the same persons before allowed to go to the petitioner, have leave to resort to him at any seasonable time, before eleven o'clock to-morrow in the forenoon, in order to

the advising him in naming other counsel, instead of those who have refused.

Whereas by order of this House on Tuesday last, the lords impeached were to put in their respective Auswers to the Articles of Impeachment of high-treason exhibited against them by the House of Commons on Saturday last: the House being this day moved at the request of the earl of Derwentwater and lord Widdrington, to grant them further time to put in their Answers to the said Articles of Impeachment: It is ordered, that all the said lords have hereby further time allowed to put in their respective Answers to the said Articles till Monday next at one o'clock.

January 16, 1716.

Whereas by order of this House on Thursday last, the lords impeached were allowed time to put in their Answers till this day to the Articles of Impeachment exhibited against them, the House being this day moved in regard the counsel assigned some of the said lords refused to be concerned for them, that Thursday next may be appointed peremptorily for them to put

in their several Answers to the said Articles: It

is ordered, that the several lords do peremptorily put in their several Answers to the said Articles on Thursday next at one o'clock; and that the lieutenant of his majesty's Tower of London do bring to this House, on that day, by that time, the said several lords for the pur poses aforesaid; and that notice be forthwith given them of this order.

January 19, 1716.

The earl of Wintoun 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 above-mentioned order, and demanded of him if he was ready to put in his Answer.

He said he had a Petition to present to the House: he was an entire stranger to the sired his Petition might be read; and the same nature of their lordships' proceedings, and dewas read as follows:

To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled ; The HUMBLE PETITION of GEORGE Earl of WINTOUN :

Humbly Sheweth,

That on Thursday last I having applied to your lordships, representing how I had caused application to be made to two lawyers, to act as counsel for me, in the Impeachment exhibited before your lordships against me by the honourable House of Commons, and that they both declined to meddle, for reasons then given; your lordships were pleased to allow me some more time for nominating of counsel and solicitors, and this day for giving in my Answers; but by reason of my close confinement, and that your lordships' order for allowing some persons to have access to me, expired on Friday