sion 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.

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 prisoner to the bar, according to the order of the House of Lords to you directed.

Then George earl of Wintoun was brought to the bar by the deputy governor of the Tower, having the axe carried before him by the gentleman jailor, who stood with it on the left hand of the prisoner, with the edge turned from him. The prisoner when he approached the bar (after kneeling) bowed to his grace the lord high steward, and to the House of Peers; which compliment was returned him by his grace, and the House of Peers.

And proclamation being again made for keeping silence,

The L. H. Steward spake to the prisoner as follows:

George earl of Wintoun, you are brought to the bar of this august judicature, in order to a fair and impartial Trial, on the Impeachment of High Treason exhibited against you by the Commons of Great Britain in parliament as sembled; to which you have answered, and pleaded Not Guilty: thereupon the Commons have replied, and undertaken to prove you guilty of the High Treason whereof you stand impeached.

Under this heavy charge (of which your lordship has long since had a copy, and which you will now hear read again) nothing can be a greater support to your mind (especially if not conscious of guilt) than to consider, that you are about to be tried by your peers; not any select number of them, but by their whole body assembled in parliament, and indifferently summoned to attend this Trial.

Hence your lordship may be assured, that justice will be administered to you, attended not only with that common degree of compassion which humanity itself derives to persons in your condition, but also with that extraordinary concern for you, which naturally flows from a parity of circumstances common to yourself, and to them who judge you, (those bonds, the weighty accusation laid upon you, with its consequences, almost only excepted.)

On the other hand, you must not hope, that if you shall be clearly proved guilty, their lordships, being under the strongest obligation to do right that can be laid on noble minds, I mean that of their honour, will not break through all the difficulties unmerited pity may put in their way, to do perfect justice upon you, however miserable that must render your condition.

Your lordship will not be interrupted while you are making your Defence in a proper manner; and therefore you will also attend with patience to what shall be said by the managers of the House of Commons, or given in evidence against you.

VOL. XV.

When any of the witnesses produced against you by the gentlemen of the House of Commons are thoroughly examined by them, your lordship will have liberty to cross-examine every witness before another is called.

But the counsel assigned you are not to cross-examine any witnesses, nor to give you any assistance public or private, while matter of fact only is in question; but if any matter of law arise during the course of your Trial, they may speak to it in your lordship's behalf: and to that end they are permitted to be within hearing, that they may be the more ready and able to serve your lordship on such occasion.

Your lordship is the first that on an impeachment for high treason will have had the benefit of a good law made in the first year of the late queen (since the Revolution;) whereby in all trials for high-treason, as well as other capital offences mentioned in the act, the witnesses produced on the part of the prisoner are to be examined on their oaths: so that your witnesses will become entitled, in respect of the obligation under which they give their testimony, to the same degree of credit as the wit nesses produced against you will be.

I take it for granted, that if your lordship desires it, you will be allowed the use of pen, ink, and paper, to take notes in order to your defence: and I doubt not but if during the Trial you are observed to omit any just advantage which the law allows you, I shall not only be excused, but approved, if I put you in mind of it.

I am also commanded to acquaint your lordship, that when you have occasion to speak, you are to address yourself to the Lords in general, and not to any lord in particular; as all others who shall have occasion to speak in this Trial will likewise take notice they are to do.

The lord high steward having done, comearl of Wintoun's Answer thereunto, as also the manded the Articles of Impeachment, and the Replication of the Commons to the said Answer, to be read; and the same were read accordingly, as follows:

ARTICLES OF IMPEACHMENT OF HIGH
TREASON EXHIBITED AGAINST JAMES
EARL OF DERWENTWATER, WILLIAM
LORD WIDDRINGTON, WILLIAM EARL
OF NITHISDALE, GEORGE EARL OF
WINTOUN, ROBERT EARL OF CARN-
WATH, WILLIAM VISCOUNT Kenmure,
AND WILLIAM LORD NAIRN.

Whereas for many years last a most wicked design and contrivance 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 destroy its professors; and instead thereof, to introduce and settle Popery and arbitrary power; in which unnatural and horrid conspiracy great numbers

3 G

Trial of the Earl of Wintous,

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 Papists, uniting their endeavours to accomplish and execute the aforesaid wicked and traitorous designs.

And whereas it pleased Almighty God in his good Providence, and in his great mercy and goodness to these nations, to crown the unwearied endeavours of his late majesty king William the third of ever glorious memory, 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 destroy 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 unchristian-like methods have been taken, but more particularly in the last years of the reign of the late queen Anne, during which time all imaginable 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 wholesome doctrines of the Church of England perverted and abused by men in holy orders, in the most public and scandalous manner, in order to condemn the justice of the late happy Revolution; and thereby to sap and undermine the foundation of the said happy establishment; and the most notorious instruments of these wicked purposes were countenanced by particular marks of public favour and distinction; false and dangerous notions of a sole hereditary right to the imperial crown of these realms were propagated and encouraged by persons in the highest trust and employments, contrary to the ancient undoubted and established laws of these kingdoms; jesuitical and scandalous distinctions were invented and publicly 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 enable 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 danger 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 conspirators, the most

* See the case of Sacheverell, in the present volume, p. 1.

|

[820

causeless and dangerous jealousies and dissatis-
factions were created in the minds of the good
people of this kingdom, and great numbers of
well-meaning, but deluded Protestants were
much disquieted.

But nevertheless these dishonest methods
defatigable industry, as the only means to
were pursued by the said conspirators with in-
weaken the foundations of the said happy esta
blishment.

rious confederacy against France, and the loss And whereas the dissolution of the late glo ther steps necessary to complete the designs of of the balance of power in Europe, were furthe said conspirators; and the same being ef fected by the late ignominious peace with France, the French king was rendered formidable, and the Protestant Succession was thereby brought into the most imminent danger; and by these and other pernicious measures, the destruction, so long intended by the said conspirators, for these poor nations, seemed near at hand.

plorable circumstances, it pleased Almighty At which time, and under which most deGod 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 majesty 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, and although from the moment his majesty as their only lawful and rightful liege lord; been one series of wisdom, justice and clemenascended the throne to this day, his reign has cy; his labours constant, unwearied and successful to retrieve the honour and reputation 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; nevertheless the said conspirators have, by the most vile and impioos methods, renewed 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 abovementioned most wicked and dangerous practices have been repeated with the utmost industry and inveteracy, to delude, disorder and corthe most groundless jealousies have been forupt the minds of his majesty's good subjects; tion, and in many parts of his kingdoms the mented against his wise and happy administramost unnatural, unexampled riots and tumults, by the secret and malicious endeavours of the said conspirators, have been procured, stirred up,and encouraged against bis peaceable Protestant subjects, under false pretences of zeal for the Church of England, and thereby more seduce them from their allegiance, and prepare effectually to delude his good subjects, and them for an open rebellion.

621]

for High Treason.

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 subjects of his majesty, and in other places did take and seize from his majesty's faithful subjects, guns, and other warlike instruments, for their carrying on their traitorous purposes.

And the said conspirators having at length sisting of his majesty's liege subjects, in order to wage war against his said majesty, for and resolved to deprive these nations of the inva luable blessings which they now enjoy under in behalf, and in favour of the said Pretender to the wise and gentle reign of his present most the crown of these realms; and the said lastmentioned conspirators, their accomplices and gracious majesty king George, and of the certain prospect of happiness which they have for confederates, at the time and times and places their prosperity, in a succession of princes de- aforesaid; and at divers other times and places rived from himself; did contrive, confederate, within this kingdom, did maliciously and traiand resolve to put their most malicious, wicked, torously make, levy, and raise war and rebellion and traitorous designs into immediate execu- against his most sacred majesty; and in a wartion; for which purpose, James earl of Der-like and hostile manner did march through and wentwater, William lord Widdrington, William earl of Nithisdale, George earl of Wintoun, Robert earl of Carnwath, William viscount Kenmure, and William lord Nairn, together with Thomas Forster, 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 divers other persons, as false traitors to his present most sacred majesty king George, the only lawful and undoubted sovereign of these kingdoms, having withdrawn 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 traitorously imagine and compass the death of his said most sacred majesty.

And for the accomplishing and executing their said traitorous purpose, they the said James earl of Derwentwater, William lord Widdrington, William earl of Nithisdale, George earl of Wintoun, Robert earl of Carnwath, William viscount Kenmure, and William lord Nairn, did in or about the said months, or some of them, and at divers other times, and in divers places within this kingdom, wickedly and traitorously agree, confederate, conspire, and resolve, together with many other evil disposed persons, to raise, excite, and levy within the counties of Teviotdale, Northum berland, Cumberland, and the county palatine of Lancaster, and elsewhere within this kingdom, a most cruel, bloody and destructive war against his majesty, in order to depose and murder his sacred majesty, and to deprive him of his royal state, crown, and dignity.

And the said James earl of Derwentwater, William lord Widdrington, William earl of Nithisdale, George earl of Wintoun, Robert earl of Carnwath, William viscount Kenmure, William lord Nairn, their accomplices and confederates, 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 traitorous 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 composing an army of men, con

And the said last-mentioned conspirators, detheir complices and confederates, during their march and invasion aforesaid, in open fiance of his most sacred majesty's just and undoubted title to the imperial crown of these realms, did wickedly and traitorously cause and procure the said Pretender to be proclaimed in the most public and solemn manner, as king of these realms; and in several places in the counties aforesaid, or some of them, did unlawfully take and seize from his majesty's officers of the revenue the public money, for the use and service of the said Pretender; and though many of the conspirators are avowed professors of the Popish religion, yet the more effectually to cover and disguise their most wicked and traitorous designs, and to delude his majesty's subjects, they did prevail on and secure several men in holy orders, ministers of the Church of England, and who had before that time abjured the said Pretender, to accompany, countenance and abet the said most traitorous enterprize; and in several places in the counties aforesaid, where the said conspirators, their complices and confederates then were, to pray for the said Pretender in the public 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 November aforesaid, traitorously seize and possess themselves of the town of Preston in the county Palatine of Lancaster against 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 miserable and horrid slaughter and murder of many of his majesty's faithful subjects.

All, which treasons and crimes above-mentioned were contrived, committed, perpetrated, acted and done, by the said James earl of Derwentwater, William lord Widdrington, William earl of Nitbisdale, George earl of Wintoun, Robert earl of Carnwath, William viscount Kenmure, William lord Nairn, and other the conspirators foresaid, against our sovereign

lord the king, his crown and dignity; and con-
trary to the duty of their allegiance, and against
the laws and statutes of this kingdom.

Trial of the Earl of Wintoun,

[S24

will distinguish him in judgment; and that it will be as pleasing to that honourable body, Of all which treasons and crimes, the knights acquitted, as one that is guilty condemned. who are his accusers, to have an innocent man citizens and burgesses in parliament assembled, He begs leave to take notice, that he is dedo, in the name of themselves and of all the scended from a very ancient, noble family, in Commons of Great Britain, impeach the said whose blood the streams of loyalty were alJames earl of Derwentwater, William lord ways pure, never corrupted or polluted with Widdrington, William earl of Nithisdale, treason or sedition; and he never degenerated George earl of Wintoun, Robert earl of Carn- so much from his loyal ancestors, as to form wath, William viscount Kenmure, William or carry on any design to subvert or alter the lord Nairn, and every of them. And the said Commons by protestation sav-servation of it was upon all occasions ready to constitution of these kingdoms, but for the preing to themselves the liberty of exhibiting at sacrifice his fortune, and even his life: He any time hereafter any other accusations or impeachments against the said James earl of Der- suspected by the government, that about eight was so cautious to avoid giving occasion to be wentwater, William lord Widdrington, Wil- years ago, upon his return from his travels, liam earl of Nithisdale, George earl of Wintoun, he withdrew from all conversation, and conRobert earl of Carnwath, William viscount fined himself to his house, never corresponded Kenmure, and William lord Nairn, or any of by letter with any person whatsoever; yet to them; and also of replying to the Answers his great misfortune, he could not be quiet or which the said James earl of Derwentwater, safe in his closest retirement; for many per William lord Widdrington, William earl of sons, both officers and others of the militia of Nithisdale, George earl of Wintoun, Robert the shire of Lothian, under the specions preearl of Carnwath, William viscount Kenmure, tence of serving the government, but in reaand William lord Nairn, or any of them, shall lity actuated by private pique and revenge, make to the premisses, or any of them, or to several times, contrary to law, forcibly entered any impeachment or accusation that shall be by by night into his dwelling-house, called Seaton them exhibited according to the course and palace, rifled it, turned his servants out of proceedings of parliament; and do pray, that doors, and carried away the provisions of his the said James earl of Derwentwater, William family. The most sacred places did not escape lord Widdrington, William earl of Nithisdale, their fury and resentment, they broke into his George earl of Wintoun, Robert earl of Carn- chapel, defaced the monuments of his ances wath, William viscount Kenmure, and Wil-tors, took up the stones of their sepulchres, Jiam lord Nairn, be put to answer all and every the premisses: And that such proceedings, examinations, trials, and judgments may be upon them and every of them had and used as shall be agreeable to law and justice.

thrust irons through their bodies, and treated them in a most barbarous, inhuman and unchristian-like manner; cannon and mortars were brought to demolish his house, and se veral troops of dragoons having gotten the THE ANSWER OF GEORGE EARL OF WIN-there, and when they left it, many of the possession thereof, some of them kept guard

TOUN, TO THE ARTICLES OF IMPEACH-
MENT EXHIBITED AGAINST HIM BY THE
HONOURABLE HOUSE OF COMMONS,
FOR HIGH TREason, and other High
CRIMES AND MISDEMEANORS.

The said Earl saving to himself all benefit
of exception to the incertainties and insuffi-
ciencies, in the said Articles of Impeachment
contained, and also all advantages and privileges
belonging to him as a peer of Great Britain,
for answer to the said Articles says, That he
cannot but esteem it the greatest addition to
his afflictions, to fall under the displeasure of
the honourable House of Commons.
his innocence under these misfortunes is his
Yet as
support, so he hopes it will be his security.
He being taken with persons that were in arms
against the government, might reasonably be
presumed to be equally guilty, and to be justly
joined with them in the same impeachment;
but when it shall appear how much the cir-
cumstances of his case differ from others, he
`does not doubt but your lordships' great justice

militia entered, and kept possession thereof till landers, by whom he was likewise very illthey were driven from thence by the hightreated, he being the only person that was plundered by them. By these and many other severities, the said Earl was forced to leave his house, and seek for shelter among his tenants house to house, and at last very unfortunately and neighbours, where he was pursued from driven into the company of some of the gentlemen named in the Impeachment. He presumes to affirm to your lordships, that he did not join them with a traitorous, or rebellious design, but only with an intention to preserve himself from being insulted and assassinated; for he had been once before taken up without the persons in whose custody he was, they any warrant or authority, and having got from threatened, if they could retake him, to murder him; and had before imbrued their hands in the blood of the son of a neighbouring gentleman. He never intended to have left his own country; and when some gentlemen mentioned coming into England, he opposed it ; he was far from assisting or encouraging them in their undertakings; he was not admitted 1