Volume III Part 25 (1/2)
The unfortunate entlee He had for soreat interest had been uine in their expectations, and the day of his release was to have been that of theirlady, not deterred by the re Mr Dawson to the place of execution Her intention was at length acceded to: she drove in a hackney-coach after the sledges, accompanied by a relative, and by one female friend As the shout of brutal joy succeeded the silence of the solemn scene, the words ”My love,--I follow thee,--I follow thee!”
burst froirl She fell on the neck of her companion, and, whilst she uttered these words, ”Sweet Jesus!--receive our souls together!” expired[359] Recitals of these doovernment, tended to break the firmness of some of those who survived
Lord Croentle nature was gradually purified for heaven Balmerino rose to heroism
The prisons were croith captives; the noblemen alone were committed to the Tower; even two of the Scottish chiefs were sent to Newgate; the officers were coaol, Southwark; the co and prompt measures were deterh treason were found against Lord Kilmarnock, the Earl of Crorand jury of the county of Surrey: a writ of certiorari was issued for re the indictments into the House of Peers, on the twenty-sixth of June, and their trial was appointed to take place on the twenty-eighth of July following Westly prepared for the trials, and a high steward appointed in the person of the justly celebrated Lord Hardwicke
On the petition of Lord Kiled as his solicitor, with permission to have free access to him at all times On the appointed day the trials conificence; and tickets were issued by the Lord Chaht o'clock in the -at-Arms, the Usher of the Black Rod, and the Serjeant-at-Arh Steward at his house in Or's ar the white staff attended them After a short interval the procession to West the term of the trial as ”his Grace,” came forth to his coach, his train borne, and followed by the chief judges and judges His coach was preceded by his Grace's twenty gentlemen, uncovered, in five coaches two and two; by the Serjeant-at-Arms, and the Black Rod The heralds occupied the back seats of his Grace's coach; the judges in their coaches followed As the procession entered the Palace-yard, the soldiers rested their muskets and the drums beat, as to the Royal Family
Meantih Steward having passed to the House, through the Painted Chamber, prayers were read; and the peers were called over by Garter-King-at-Arentlemen attendants, two and two; and afterwards by the clerks of the House of Lords, and the clerks of the Crown; by the Peers, and the Peers' sons, proceeded to West alone uncovered, and his train borne by a page
Procla been made by the Lord Steward's serjeant-at-ar up, uncovered Then his Grace,obeisance to the lords, reseated himself; and Garter, and the Black Rod, with their reverences, jointly presented the white staff, on their knees, to his Grace Thus fully invested with his office, the Lord Steward took his staff in his hand and descended from the woolsack to a chair prepared for him on an ascent before the throne
The three lords had been brought during this time from the Tower The Earl of Kilmarnock was conveyed in Lord Cornwallis's coach, attended by General Williamson, Deputy Governor of the Tower; the Earl of Cromartie, in General Williamson's coach, attended by Captain Marshal; and Lord Balmerino in the third coach, attended by Mr Fowler, Gentle body of soldiers escorted these carriages
The three lords being conducted into the Hall, proclamation was made by the Serjeant-at-Ar his prisoners to the bar, the procla made in this form:--”Oyez, oyez, oyez, Lieutenant of the Tower of London, bring forward your prisoners, Williae Earl of Croether with the copies of their respective commitments, pursuant to the order of the House of Lords”
Then the lords were led to the bar of the House by the Lieutenant-Governor, the axe being carried before thee turned from them The prisoners, when they approached the bar, made three reverences, and fell upon their knees Then said the Lord High Steward your ”lordshi+ps may arise;” upon which the three lords arose and bowed to his Grace the High Steward, and to the House, which coh Steward, and by the Peers
Thus began the trial; ”the greatest, and the most melancholy scene,”
wrote Horace Walpole to Sir Horace Mann, ”that I ever saw As it was the ht, it was the most solemn and fine; a coronation is but a puppet show, and all the splendour of it idle; but this sight at once feasted one's eyes, and engaged one's passions;”--a signal avowal for one who continuance in the world's business, and, perhaps, worse, its pleasures, had hardened A hundred and thirty-nine lords were present,at a ceremony which is said to have been conducted with the hout, with one or two exceptions[360]
The Lord Chancellor Hardwicke, who presided on this occasion, has been justly deehtest ornaments of the woolsack The son of an attorney at Dover, as Philip Yorke, he had risen to the highest offices of the law, by his immense acquirements, and his incoee with a niece of the celebrated Lord Sothened his political interest, which, however, it required few adventitious circureat men have expressed their admiration of Lord Hardwicke almost in similar terms: Lord Mansfield, Burke, and Wilkes ”When his lordshi+p pronounced his decrees, wisdoht be supposed to speak”[361]
In nified, impressive, and unruffled; and his intentions were allowed to be as pure and elevated, as his vieere patriotic
On this eventful day, since we cannot reject the testimony of an eye-witness of discernment, we must believe that party spirit, which had usually so little influence over his sense of justice, swayed the prepossessions of Lord Hardwicke At all events, it affected his treatment of the unhappy atory to his character as a judge, and discreditable to his feelings as a nity of the law of England, whose character is to point out any favour to the criminal, he crossed them, and almost scolded at any offer they made towards defence” Such is the re a fine voice, Lord Hardwicke had every opportunity, on this occasion, of a graceful display of dignity and courtesy; yet his deportment, usually so cal for occasion to bow to theto the other ministers, in a manner, for their orders;--not even ready at the cere, Lord Hardwicke, on his death-bed, could with confidence declare ”that he had never wronged any man” The unhappy Jacobites seem, indeed, to have been considered exceptions to all the common rules of clemency None of the Royal Faard for the feelings of the prisoners, and also, perhaps, from a nice sense of the peculiarity of their own condition
After the warrants to the Lieutenant of the Toere read, the Lord High Steward addressed the prisoners, telling theh their crimes were of the most heinous nature, they were still open to such defences as circumstances, and the rules of law and justice would allow
The indicth treason were then read: to these, Lords Kiluilty; but when the question was put to Lord Balmerino, he de to two clauses in the indictment, in which he was styled ”Arthur Lord Bal hi of Carlisle, when he could prove ”that he was not within twelveupon these objections, and the question being again put to hiuilty' Lord Kilmarnock and Lord Cromartie were rean It was prefaced by addresses fro's counsel, and from Mr Serjeant Skinner, who made, as justly considered by H Walpole, ”the”Rebellion, surely the sin of witchcraft,” and applying to the Duke of cumberland the unfortunate appellation of ”Scipio”[363] The Attorney General followed, and witnesses were afterwards exah accused by Balmerino of some inconsistencies, his acts of adherence to the Chevalier; his being present in tohere Jai into Carlisle at the head of his troops, with a white cockade in his cap; his presence at the battle of Falkirk, in a field with Lords Kilo, ere at the head of a corps of reserve Six witnesses were examined, but there was no cross-examination, except such as Balmerino himself attempted The witnesses were chiefly men who had served in the same cause for which the brave Balmerino was soon to suffer After they had delivered their testimony, the ”old hero,” as he ell styled, shook hands cordially with theed by the answers, the evidence see asked if he had any thing to offer in his defence, he observed that none of the witnesses had agreed upon the sa at Carlisle; and objected to the indict of Carlisle as therein specified His objections were taken into consideration; the Lords retired to their chaes whether it be necessary that an overt act of high treason should be proved to have been committed on the particular day naative, every hope of acquittal was annihilated for Balised with his usual blunt courtesy for giving their Lordshi+ps so much trouble: he said that his objections had been the result of advice given by Mr Ross, his solicitor, who had laid the case before counsel
The question was then put by the Lord High Steward, standing up, uncovered, to the Lords, beginning with the youngest peer, Lord Herbert of Cherbury; ”whether Arthur Lord Baluilty?” An unaniuilty upon my honour” Lord Balmerino, who had retired while the question was put, was then brought back to the bar to hear the decision of the Lords It was received with the intrepidity which had, all throughout the trial, characterised the soldier and thethe intervals of form, his natural playfulness and humour appeared, and the kindness of his disposition wasin the course of the trial near hih to see, he took him up, made room for the child, and placed him near himself The axe inspired him with no associations of fear He played upon it, while talking, with his fingers, and so, he held it up like a fan between his face and that of the gentlereat amusement of all beholders And this carelessness of the emblem of death was but a prelude to the calmness hich he met his fate ”All he troubled himself about,” as a writer of the tiun, and to let his sun set with as _full_ and _fair_ a light as it was possible”[364] During the time that the Lords ithdrawn, the Solicitor-General Murray, and brother of Murray of Broughton, addressed Balive the Lords so much trouble,” when he had been told by his solicitor that the plea could be of no use to hienerally known; and the officious insolence of his inquiry was both revolting and indiscreet
Bal told, exclailad to see you I have been with several of your relations, the poor lady, your reat use to us at Perth”[365] An admirable and well-merited rebuke He afterwards declared huuilty was, ”that so ht not be disappointed of their show”
Besides the interest which at such a nity of Kilmarnock, contrasted with the lofty indifference of Bal the Peers, owing to the eccentricity of several of their body Of these, one, Lord Windsor, affectedly said when asked for his vote, ”I auilty upon my honour_” Another nobleman, Lord Sta been christened Harry ”What a great way of thinking,” remarks Horace Walpole, ”on such an occasion” Lord Foley withdrew, as being a isher to poor Balmerino; Lord Stair on the plea of kindred--”uncle,” as Horace Walpole sneeringly rerandfather; and the Earl of Moray on account of his relationshi+p to Bal sister to that noblereatest source of amusement to all ere present was the celebrated Audrey, or to speak in more polite phrase, Ethelreda, Lady Townshend, the wife of Charles, third Viscount Townshend, and the mother of the celebrated wit, Charles Townshend Lady Townshend was renowned for her epigra separated froave additional point When she heard her husband vote, ”_guilty upon uilty_, but I never knew that he would own it upon his _honour_” Her sarcastic humour was often exhibited at the expense of friend or foe When some one related that Whitfield had recanted, ”No, madam,” she replied, ”he has only _canted_” And when Lord Bath ventured to complain to this audacious leader of fashi+on, that he had a pain in his side, she cried out, ”Oh! that cannot be, you have _no side_”
A touch of fe softened the harshness of the professed wit, always a dangerous, and scarcely ever a pleasing character in woazed on the prisoners at the bar, and saw the elegant and melancholy aspect of Lord Kilmarnock, the heart that was not wholly seared by a worldly career is said to have been deeply and seriously touched by the graces of that inconity of his randfather was Minister to George the First, and whose ave the additional luxury of partisanshi+p; that passion which lasted even some weeks after the scene was closed; and when the fashi+onable world were left to enjoy, undisturbed by any fears of any future rebellion, all the dangerous attractions of the dissolute Court
The first day's proceedings being at an end, the prisoners were res were resu assembled in the Painted Chamber, took their places in Westht to the bar, again kneeled down, again were bidden to arise The Attorney-General having prayed for judgh Steward to say ”why judg to law”