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Horace Walpole to Sir Horace Mann-Trial of the Rebel Lords.

be of no use to him? Balmerino asked the bystanders who this person was; and being told, he said, "Oh, Mr. Murray! I am extremely glad to see you; I have been with several of your relations; the good lady, your mother, was of great use to us at Perth." Are not you charmed with this speech? How just it was ! As he went away, he said, "They call me Jacobite; I am no more a Jacobite than any that tried me; but if the Great Mogul had set up his standard, I should have followed it, for I could not starve." The worst of his case is that, after the battle of Dumblain, having a company in the Duke of Argyle's regiment, he deserted with it to the rebels, and has since been pardoned. Lord Kilmarnock is a Presbyterian with four earldoms in him, but so poor, since Lord Wilmington's stopping a pension that my father had given him, that he often wanted a dinner. Lord Cromartie was receiver of the rents of the King's second son in Scotland, which, it was understood, he should not account for, and by that means had six hundred a year from the government; Lord Elibank, a very prating, impertinent Jacobite, was bound for him in nine hundred pounds, for which the Duke is determined to sue him.

When the Peers were going to vote Lord Foley withdrew, as too well a wisher; Lord Moray, as nephew of Lord Balmerino-and Lord Stair-as I believe, uncle to his great-grandfather. Lord Windsor very affectionately said: “I am sorry I must say, Guilty upon my honor." Lord Stamford would not answer to the name of Henry, having been christened Harry. What a great way of thinking on such an occasion! I was diverted, too, with old Norsa, the father of my brother's concubine, an old Jew that kept a tavern; my brother as auditor of the exchequer has a gallery along one whole side of the court.

Horace Walpole to Sir Horace Mann-Trial of the Rebel Lords.

I said, “I really feel for the prisoners!" Old Issachar replied, "Feel for them! pray, if they had succeeded, what would have become of all us?" When my Lady Townshend heard her husband vote, she said, "I always thought my Lord was guilty, but I never thought he would own it upon his honor." Lord Balmerino said, that one of his reasons for pleading not guilty was, that so many ladies might not be disappointed of their show.

On Wednesday they were again brought to Westminster Hall, to receive sentence; and being asked what they had to say, Lord Kilmarnock, with a very fine voice, read a very fine speech, confessing the extent of his crime, but offering his principles as some alleviation, having his eldest son (his second unluckily was with him) in the Duke's army, fighting for the liberties of his country at Culloden, where his unhappy father was in arms to destroy them. He insisted much on his tenderness to the English prisoners; which some deny, and say that he was the man who proposed their being put to death, when General Stapleton urged that he was come to fight, and not to butcher ; and that if they acted any such barbarity, he would leave him with all his men. He very artfully mentioned Van Hoey's letter, and said how much he should scorn to owe his life to such intercession. Lord Cromartie spoke much shorter, and so low that he was not heard but by those who sat very near him; but they prefer this speech to the other. He mentioned his misfortune in having drawn in his eldest son, who is prisoner with him; and concluded with saying, "If no part of this bitter cup must pass from me, not mine, O Lord, but thy will be done!" If he had pleaded not guilty, there was ready to be produced against him a paper signed with his own hand, for putting the English prisoners to death. Lord Leicester went up to the

Horace Walpole to Sir Horace Mann-Trial of the Rebel Lords.

Duke of Newcastle, and said, "I never heard so great an orator as Lord Kilmarnock; if I was your grace, I would pardon him, and make him paymaster." That morning a paper had been sent to the lieutenant of the Tower for the prisoners; he gave it to Lord Cornwallis, the governor, who carried it to the House of Lords. It was a plea for the prisoners, objecting that the late act for regulating the trial of rebels did not take place till after their crime was committed. The Lords very tenderly and rightly sent this plea to them, of which, as you have seen, the two Earls did not make use; but old Balmerino did, and demanded council on it. The High Steward, almost in a passion, told him that when he had been offered council, he did not accept it. Do but think on the ridicule of sending them the plea, and then denying them council on it! The Duke of Newcastle, who never lets slip an opportunity of being absurd, took it up as a ministerial point, in defence of his creature the Chancellor; but Lord Granville moved, according to order, to adjourn, to debate in the Chamber of Parliament, where the Duke of Bedford and many others spoke warmly for their having council; and it was granted. I said their, because the plea would have saved them all, and affected nine rebels who had been hanged that very morning; particularly one Morgan, a poetical lawyer. Lord Balmerino asked for Forester and Wilbraham; the latter a very able lawyer in the House of Commons, who the Chancellor said privately he was sure would as soon be hanged as plead such a cause. But he came as council to-day (the third day), when Lord Balmerino gave up his plea as invalid, and submitted without any speech. The High Steward then made his, very long and very poor, with only one or two good passages, and then pronounced sentence !

Horace Walpole to Sir Horace Mann-Trial of the Rebel Lords.

Great intercession is made for the two Earls: Duke Hamilton, who has never been to court, designs to kiss the King's hand, and ask Lord Kilmarnock's life. The King is much inclined to some mercy; but the Duke, who has not so much of Cæsar after a victory, as in gaining it, is for the utmost severity. It was lately proposed in the city to present him with the freedom of some company, one of the aldermen said aloud, "Then let it be of the Butchers!" The Scotch and his Royal Highness are not at all guarded in their expressions of each other. When he went to Edinburgh, in his pursuit of the rebels, they would not admit his guards, alleging that it was contrary to their privileges; but they rode in sword in hand, and the Duke, very justly incensed, refused to see any of the magistrates. He came with the utmost expedition to town, in order for Flanders; but found that the Court of Vienna had already sent Prince Charles thither, without the least notification, at which both King and Duke are greatly offended. When the latter waited on his brother, the Prince carried him into a room that hangs over the wall of St. James's Park, and stood there with his arm about his neck, to charm the gazing mob.

Murray, the Pretender's secretary, has made ample confessions. The Earl of Traquair, and Mr. Barry, a physician, are apprehended, and more warrants are out. So much for rebels! Your friend Lord Sandwich is instantly going ambassador to Holland, to pray the Dutch to build more ships. I have received yours of July 19th, but you see have no more room left, only to say that I conceive a good idea of my eagle, though the seal is a bad one. Adieu !

P. S. I have not room to say any thing to the Tesi till next

Horace Walpole to Sir Horace Mann-Execution of the Scotch Lords.

post; but, unless she will sing gratis, would advise her to drop this thought.

VIII.-EXECUTION OF THE SCOTCH LORDS.

Horace Walpole to Sir Horace Mann.

WINDSOR, Aug. 21st, 1746.

You will perceive by my date that I am got into a new scene, and that I am retired hither like an old summer-dowager, only that I have no toad-eater to take the air with me in the back part of my lozenge coach, and to be scolded. I have taken a small house here within the castle, and propose spending the greatest part of every week here till the Parliament meets; but my jaunts to town will prevent my news from being quite provincial and marvellous. Then I promise you I will go to no races nor assemblies, nor make comments upon couples that come in chaises to the White Hart.

I came from town (for take notice, I put this place upon myself for the country) the day after the execution of the rebel lords; I was not at it, but had two persons come to me directly who were at the next house to the scaffold; and I saw another who was upon it, so that you may depend upon my accounts.

Just before they came out of the Tower, Lord Balmerino drank a bumper to King James's health. As the clock struck ten they came forth on foot, Lord Kilmarnock all in black, his hair unpowdered in a bag, supported by Forster, the great Presbyterian, and by Mr. Home, a young clergyman, his friend. Lord Balmerino followed, alone, in a blue coat turned up with red, his rebellious regimentals, a flannel waistcoat, and his shroud beneath; their hearses following. They were conducted

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