་ me forgiveness; the execution of your duty is commendable.' His lordship then pre senting the executioner with three guineas, said, Friend, I never had much money, this is all I have, I wish it was more for your sake, and am sorry I can add nothing else to it, but my coat and waistcoat;' which his lordship instantly took off, and placed on his coffin for the executioner. order for the execution of the lord Balmerino. The under-sheriff that attended during the first execution went to my lord Balmerino's apartments, as a notice to his lordship that his time was come; upon whose entrance his lordship said, I suppose my lord Kilmarnock 'is no more;' and having asked how the executioner had performed his duty, his lordship upon receiving the account said, Then it was ' well done ; and now, gentlemen,' said his lordship, I will detain you no longer, for I desire not to protract my life:' his lordship then saJuted the company in a manner so cheerful, as drew tears from every eye but his own, and hastened to the scaffold. But before we view his lordship upon the scaffold, it is but just to the inemory of that great, but unhappy man, to acquaint the public what was his deportment in his retirement here it was graceful without affectation, cheerful but not presumptuous; he conversed freely with his friends, twice refreshed himself with a bit of bread and a glass of wine, and desired the company to drink to him ain degrae ta haiven; but, above all, he called frequently upon God, and seemed both willing and prepared to die. When his lordship mounted the scaffold, he did it with so undaunted a step as surprised every spectator that was unacquainted with the greatness of his soul: his lordship appeared there in the very same regimentals he wore at the battle of Culloden; and so far was he from having the least concern himself at the fear of death, that he frequently reproved his friends that were about him for shewing any his lordship walked round the scaffold, bowed to the people, read the following inscription upon his coffin; Arthurus Dominus de Balmerino decollatus 18 die Augusti, 1746, Etatis suæ 58; said it was right, and with seeming pleasure looked at the block, which he called his pillow of rest. His lordship then took a paper out of his pocket, which he read to the few about him, and delivered to the sheriff to do with it as he should think proper. Whatever may be offered in excuse for his lordship's making that speech in his last moments, nothing but the highest authority can justify the publishing it. His lordship to the last professed his entire ignorance as to the order for giving no quarter to the duke's army; and added, that he ⚫ would not (knowingly) have acted under such ' order, because he looked upon it as unmilitary, and beneath the character of a soldier.' Nor is it to be here omitted, that though his lordship, from his unhappy political principles, disowned any allegiance to his majesty; yet he, from his moral ones, acknowledged him to be a prince of the greatest magnanimity ⚫ and mercy.' His lordship then called for the executioner, who being introduced to him, was about to ask his lordship's forgiveness; but my lord stopped him, and said, Friend, you need not ask His lordship then prepared himself for the block by putting on a flannel waistcoat that had been made for the occasion, and a plaid cap upon his head; after which his lordship went to the block, in order to shew the executioner the signal for the blow, which was the dropping down of his arms. His lordship then returning to his friends, took his last farewell of them; and having once more taken a view of the great number of spectators, his lordship said, 1 am afraid "there are some who may think my behaviour bold;' and speaking to a gentleman near him, added, Remember, Sir, what I tell you, it arises from a confidence in God, and a clear ' conscience.' His lordship then observing the executioner with the axe in his hand, took it from him, and having felt the edge, returned it him again, at the same time shewing him where to strike the blow, and animating him to do it with resolution: For in that, friend,' (said his lordship) will 'consist your mercy.' His lordship then, with the same surprising countenance, kneeled down at the block, and having with his arms extended said this short prayer, O Lord, reward my friends, forgive my enemies, and receive my soul,' submitted, and gave the signal to the executioner; and I wish I could conclude, that his head had been taken off at one blow: but the executioner was so terrified at his lordship's intrepidity, and the suddenness of the signal, that notwithstanding he struck his lordship in the part directed, yet the force of the blow was not sufficient to sever the head from the body, though (happily) sufficient to deprive him of all sensation. After the first blow, his lordship's head fell back upon his shoulders, but being afterwards severed at two more gentle blows, was then received into a piece of red baize, and with his body deposited in bis coffin, and delivered to his friends. There were several pamphlets published at this time, relating to the different behaviour of these two lords, and some advertisements against Mr. Ford's account; but as there was no name put to them, they did not gain much credit. But one of these pamphlets, intituled, Seasonable Reflections on the dying Words and Deportment of that great but unhappy man, Arthur Lord Balmerino, in a letter to Mr. Ford, concludes thus in an appendix: "There is a gentleman of undoubted veracity, who attended the execution of lord Balmerino, positively affirms, and is ready to corroborate his affirmation by the most solemn proof, that Revolution principles, and I hope the world is convinced that they sick to me. I must acknowledge I did a very inconsiderate thing, for which I am heartily sorry, in accepting of a company of foot from the prin when his lordship kneeled down at the block, and submitted to the stroke of justice, he made no prayer whatever; but this will be better expressed in the gentleman's own words in writing, to the original whereof (now in the hands of the publisher) his name is sub-cess Aune, who I know had no more right to the scribed, viz. crown than her predecessor, the prince of Orange . . To make amends for what I had done, I joined the . . . (Pretender) when he was in Scotland in 1715; and when all was over, I made my escape, and lived abroad till the year 1734. In the beginning of that year, I got a letter from my father, which very much surprised me. It was to let me know, he had a promise of a remission for me: I did not know what to do; I was then (I think) in the canton of Berne, and had nobody to advise with: but next morning I wrote a letter to the ... 'I attended the execution of the late lord 'Balmerino, and was one of those who held the cloth to receive lord Balmerino's head, and am ready to make oath, if required, that I heard no prayer made by lord Balmerino, as is inserted in Mr. Ford's account; and that if 'there had been any prayer, I must have heard it, as well as any other person present, &c.' "It is to be observed, this gentleman avers that he himself kneeled down so near the block, when he held the cloth, that if any thing had been spoken by his lordship, it was impossible but he must have heard it; that it was he who, after the second blow, took the.... (Pretender) who was then at Rome, to lord by the arm, and drew up his body, to set the head in a position for the executioner's completing his work. He adds further, (in manifest contradiction to Mr. Ford) that his lordship came upon the scaffold, in a flannel waistcoat and shirt, and did not put either on after he was there; but pulled off the waistcoat, and had only the shirt on, when he laid his head on the block." On these publications, Mr. Ford advertised in the public papers, as followeth : To the Public. The Account I published of the behaviour of the rebel lords at their execution, was for your satisfaction only, beyond which I neither had or expected any advantage; yet from that bare relation with truth and impartiality, several nameless pamphleteers and advertisers have, through faction, or worse motives, presumed to draw several unwarrantable inferences as to my political principles. The authors being concealed, are unworthy of other notice, since nothing is easier to an ingennous and unprejudiced mind, than to distinguish between the subject and the man: my lord Kilmarnock was happily educated in right principles, which he deviated from and re pented; whereas the great, though unhappy, Jord Balmerino, was unfortunate in his;-but as he lived, he died. Aldermanbury. T. FORD. Copy of the PAPER which was read by ARTHUR, I was brought up in true, loyal, and Anti *We insert this Speech, without the treasonable part; as there are some anecdotes in it, not taken notice of in Mr. Ford's account, and which the public (probably) are strangers to. Former Edition, acquaint the . . . . ... (Pretender) that this was done without my asking or knowledge, and that I would not accept of it without his consent. I had, in answer to mine, a letter written with.. (the Pretender's) own hand, allowing me to go home; and he told me his banker would give me money for my travelling charges, when I came to Paris, which accordingly I got. When (the Pretender's son) came to Edinburgh, I joined him, though Í might easily have excused myself from taking have had peace of conscience if I had stayed at arms on account of my age; but I never could home, I am at a loss when I come to speak of the .. (Pretender's son.) I am not a fit hand to draw bis character, I shall leave that to others.(Here he gives a fulsome character of the Pretender's son.) command, I never suffered any disorders to be Pardon me, if I say, wherever I had the committed, as will appear by the duke of Buccleugh's servants at East Park; by the earl of Findlater's minister, Mr. Lato, and my lord's servants at Cullen; by Mr. Rose, minister at Nairn (who was pleased to favour me with a visit when I was prisoner at Inverness); by Mr. Stewart, principal servant to the lord president, at the house of Culloden, and by several other people. All this gives me great pleasure now that I am looking upon the block, on which I am ready to lay down my head: and though it had not been my own natural inclination to protect every body, it would have been my interest to have done it; for... ... (the Pretender's son) abhorred all those who were capable of doing injustice to any I have heard, since I came to this place, that there has been a most wicked report, spread and mentioned in several of the news-papers, that (the Pretender's son), before the battle of Culloden, had given out eye of Mr. Dundas bis uncle, who had the ho nour to serve his late majesty as his advocate for Scotland, and was appointed by his present majesty one of the judges of the supreme court there. orders that no quarter should be given to the enemy. This is such an unchristian thing, and so unlike .. (the Pretender's son), that nobody (the Jacobites) that knows him, will believe it. It is very strange, if there had been any such orders, that neither the earl of Kilmarnock, who was colonel of the regiment of foot-guards, nor I, who was colonel of the second troop of life-guards, should ever have heard any thing of it; especially, since we were both at the head quarters the morning before the battle. I am convinced, that it is a malicious report industriously spread to ... Ever since my confinement in the Tower, when major White or Mr. Fowler did me the honour of a visit, their behaviour was always so kind and obliging to me, that I cannot find words to express it; but I am sorry I cannot say the same thing of general Williamson: he has treated me barbarously, but not quite so ill as he did the bishop of Rochester; and had it not been for a worthy clergyman's advice, I should have prayed for him in the words of David, Psalm cix. from the 6th to the 15th verse. I forgive him, and all my enemies. I hope you will have the charity to believe I die in peace with all men; for yesterday I received the holy eucharist from the hands of a clergyman of the church of England, in whose communion I die, as in union with the episcopal church of Scotland. I shall conclude with a short prayer.(Here a prayer is mentioned, much the same as in Mr. Ford's account.) THE CASE OF GEORGE EARL OF CROMER TIE, AS PRINTED IN 1746, AND SAID ΤΟ BE PRESENTED TO HIS MAJESTY. THE Earl, from his infancy, was educated and brought up in the principles of the established church of Scotland, to which he always adberd till his late misfortune; insomuch that he has, upon several occasions, received the thanks of the general assembly of that church, for the substantial proofs he gave, from time to time, of his sincere attachment to their interest. The Earl intermarried in a family, whose zeal and affection to the present royal family was warm and remarkable upon all occasions; and particularly, during the rebellion in the year 1715, many of them used their utmost efforts in support of this happy constitution; none of them were neutral, or joined in that rebellion; and they acted the same part in the present rebellion, to the utmost of their power. The Earl has issue of his marriage nine children, and his wife is now with child; and these have been brought up strictly in the same principles and as to his eldest son, he imbibed those principles from his parents, and from three successive preceptors, who are all now ministers of the church of Scotland, under the Soon after the breaking out of this rebellion, when his majesty's troops, under the command of sir John Cope, arrived at Inverness, in the end of August last, the Earl immediately waited upon him, and, agreeable to his principles and inclinations, as well as his duty, made a tender of all his power and influence in suppressing this rebellion; but, to his great misfortune at this day, such assistance was not then judged necessary. After the action at Preston-Pans, when com missions were issued for raising independent companies, under the direction of Mr. Forbes, president of the court of session in Scotland, application was made for a company for his son the lord M'Leod; and as he had reason to hope for success, he directed the gentlemen whom he intended to be subalterns in the company, to levy the men; and the levies went on accordingly; and the Earl's zeal for the present government continued unshaken until this period: and for this he appeals to sir John Cope, Mr. Forbes, and to the attestations of eight Presbyterian ministers in the bands of his grace the duke of Newcastle. But when it was known that the subalterns in lord M'Leod's company were to be named by the lord Fortrose, and the subalterns that the earl had in view were disappointed, he was immediately beset by designing men, and they used all their art and cunning upon the Earl to seduce him from his duty; but no reason whatsoever could have had this effect, if he had not been intoxicated with liquor; and he no sooner recovered his understanding, but he reflected with horror upon what he had done; and for this he appeals to Mr. Brodie, lord Lyon's declaration, in the hands of the duke of Newcastle, and to the knowledge of the other members of both Houses of Parliament in the Earl's neighbourhood. This unhappy lord, soon after engaging in this rebellion, went to Perth, and continued there a month, entirely in a private capacity; for he assisted at none of the reviews of the rebels, mounted none of their guards, bore no arms, issued no orders, but employed his time chiefly in the company of his majesty's officers, who were prisoners there, and laboured night and day to procure them all manner of indulgences; and the only use he made of his credit in the rebel army, was to make their captivity easy, in which he was fortunate enough to succeed in most cases; and he ap-` peals to those gentlemen in this respect. He did, indeed, afterwards, accept of a com mand to levy the cess, excise, and other contributions in the shires of Fife and Kinross, to the amount of 13,000l. but he preserved such discipline among the soldiers under his command, that though he intimated his orders, upon pain of military execution, agreeable house and family of the earl of Sutherland, for which he appeals to that noble lord. And upon the whole of this article, though the unfortunate earl notified the orders he had from the Pretender, with all the severe injunctions they contained, yet he executed none of those severities; and his delays were in some measure salutary, as they prevented the full execution of them, by those who were sent in his place. to the terms in which they were delivered to him, yet he avoided all methods of enforcing them, and returned without levying one shilling, which, in a great measure saved his majesty's faithful subjects from those exactions; and during his stay in those countries, the inhabitants were uninjured in their persons, and protected in their properties; and he gave up that command, that he might not be an actor in, or a witness to the severities which he then thought to be unavoidable; and for this he appeals to certificates from peers and commoners of Fife and Kinross, in the duke of Newcastle's hands. Upon his return from this command, he went, attended only by his own domestics, to a gentleman's house, where he resided for some time in a private way, without command or commission, and without taking upon him any concern, but the continuance of all the good offices he could exert for the ease and protection of his majesty's subjects. At the same time his house was a sanctuary to the effects of his majesty's loyal subjects, and particularly of those employed in his majesty's service under lord Loudoun. He received his majesty's most gracious pardon. 64 Under date August 9th, 1746, Dr. Birch informs the honourable Philip Yorke (afterwards the second earl of Hardwicke) in a letter now [1813] in possession of the present earl, that Mr. Wray finds in the books of the The action of Falkirk gave him a fresh, but Exchequer, that the lords Kilmarnock and melancholy opportunity of doing all the acts of Lovat were paid their pensions of 400l. a year humanity in his power to his majesty's troops, in the beginning of September last. The two that were either taken or wounded in that con-earls in the Tower have desired the attendance flict; and he extended his cares even to many of the unfortunate persons who lost their lives in his majesty's service. When the name of his royal highness the duke obliged the rebel army to march north, he continued without any command. When he arrived at Inverness, a command was again imposed upon him, to repair to the counties of Ross and Sutherland, and there to raise all the men in that country in arms, levy large sums of money by contribution, and large quantities of meal; and with strict orders, that in case those demands were not complied with, to use all manner of military execution, by burning houses, destroying cattle, and other severities: but so averse was he to these methods of violence, that he levied no men in those parts, and even his own tenants in that neighbourhood continued peaceable at home; and he also granted protections to all who asked them, and he supported his protections by parties, and he preserved the house of sir Robert Munro, and of his brother _Cullcairn, which were particularly doomed for destruction by the rebels; nor would he trust this protection to others, but went himself, and took the proper measures for their preservation; and he used the same tenderness and care towards the of two of the most eminent of the dissenting ministers, Mr. Foster and Mr. Chandler, but Ì hear nothing of Balmerino's ghostly assistance. However lord Cromarty's will now be at leisure, for I find he has already received a pardon, though his companions it is said will suffer on Wednesday." Mem. It appears by the Lords' Journal of July 28, 1746, that before the Lords proceeded to judgment in the preceding case, 6 "The lord bishop of London, for himself and the rest of the bishops, delivered a Protestation; which they desired might be entered: "And the same was read as follows: "The Lords Spiritual of the House of Peers do desire leave of this House, to be absent when Judgment is given upon the earl of Kilmarnock, the earl of Cromertie, and the lord Balmerino; saving to themselves and 'their successors, all such right in Judicature, as they have by law, and of right ought to have.' "Then he asked leave that they might withdraw; which being agreed to, they immediately withdrew accordingly." 519. The whole Proceedings in the House of Peers, upon the Impeachment exhibited by the Knights, Citizens, and Burgesses, in Parliament assembled, in the Names of themselves, and of all the Commons of Great Britain, against SIMON Lord LOVAT,* for High-Treason. The Proceeding in WestminsterHall being begun on Monday the 9th Day of March, and continued on Tuesday the 10th, Wednesday the 11th, Friday the 13th, Monday the 16th, Wednesday the 18th, and Thursday the 19th Days of March: 20 GEORGE II. A. D. 1746-7, Die Jovis, 11 Decembris, 1746. who said, he was commanded by the House of Commons to deliver to this House Articles of A MESSAGE was brought from the House Impeachment of High Treason against Simon of Commons, by sir William Yonge, and lord Lovat.-He said, He was also commandothers, to acquaint this House, That they, hav-ed by the Commons to acquaint their lordships, ing raatters to communicate to their lordships, of great importance to the king and kingdom, do desire that their lordships will continue sitting for some time. To which the House agreed. And the Messengers were called in again; and acquainted by the Lord Chancellor, That the Lords will continue sitting for some time, as desired. The House was adjourned during pleasure. A Message was brought from the House of Commons, by sir William Yonge, and others, as follows: My lords; The Commons of Great Britain, in parliament assembled, having received information of divers treasons committed by a peer of this realm, Simon lord Lovat, have commanded me to impeach the said Simon lord Lovat of High Treason: And I do here, in their names, and in the names of all the Commons of Great Britain, impeach the said Simon lord Lovat of High Treason: And 1 am further commanded to acquaint your lordships, That they will, with all convenient speed, exhibit Articles to make good the charge against him. Die Mercurii, 17 Decembris, 1746. * See his Case for Treason and other crimes, vol. 14, p. 349. "Dalrymple," [Sir John] "ascribes the revolt of Mackay's people before the battle of Killicranky to the management of Lovat, on the authority of his MS. Memoirs; his Memoirs have been since published, but they contain no allusion whatever to the fact. Laing's History of Scotland, vol. 4, p. 220.” As to lord Mar's conduct in 1715, see 4 Laing, $85. VOL. XVIII. That they are ready to maintain their charge; Which Articles being read: The duke of Newcastle acquainted the House, That the said lord Lovat is already under commitment for high treason in his majesty's Tower of London. Then the following Order was made: Whereas the Commons, assembled in parlia ment, have this day exhibited to this House Articles of Impeachment of High Treason against Simon lord Lovat; it is ordered, by the Lords spiritual and temporal, in parliament assem bled, That the said lord Lovat be brought to the bar of this House to-morrow at two of the clock in the afternoon, to hear the said Articles read; and to abide such further order, as this House shall think fit to make concerning him. To Charles lord Cornwallis, Constable of his majesty's Tower of London, Die Jovis, 18 Decembris. The Order being read, for bringing Simon lord Lovat to the bar of this House, to hear the Articles of Impeachment of High Treason exhibited against him yesterday by the House of Commons, read unto him: The said lord Lovat was accordingly brought to the bar, by the deputy-gentleman-usher of the black rod: Where he kneeled until the lord chancellor directed him to rise.-Then The said Articles of Impeachment were read unto him: Which done, the lord chancellor asked him, What he had to say thereunto; and informed him, That, if he had any thing to request of the House, this was his proper time. Whereupon he acquainted the House with bis infirmities occasioned by old age, and particularly alledged his deafness, that he could not hear what the contents of the said Articles 2 M |