great quantities of arms, ammunition and warlike inftruments, at the times and places aforefaid, or fome of them, did form and compofe, or did affift in the forming and compofing an army of men, confifting of his Majefty's liege fubjects, in order to wage war against his faid Majefty, for and in behalf and in favour of the faid Pretender to the crown of thefe realms; and the faid laft mentioned confpirators, their That the faid laft mentioned confpirators, accomplices and confederates, at the time their accomplices and confederates, did, on and times and places aforefaid, and at or about the ninth, tenth, eleventh, twelfth divers other times and places within this or thirteenth of November aforefaid, traikingdom, did maliciously and traiterously terously feize and poffels themselves of the make, levy, and raife war and rebellion town of Prefton in the county Palatine of against his moft facred Majefty, and in a Lancafter against his Majefty, and did then warlike and hoftile manner did march and there in a warlike and hoftile manner through and invade feveral parts of this levy war, oppofe, engage, and fight against kingdom, and did unlawfully take and his Majefty's forces; and did then and feize the horses and others the goods and there caufe and procure a miferable and chattels of many of the peaceable and good horrid flaughter and murther of many of fubjects of his Majefty, and in other places his Majefty's faithful fubjects. did take and feize, from his Majefty's faithful fubjects, guns, and other warlike inftruments, for the carrying on their traiterous purposes.

orders, minifters of the Church of England, and who had before that time abjured the faid Pretender, to accompany, countenance and abet the faid most traiterous enterprize, and in feveral places in the counties aforefaid, where the faid confpirators, their complices and confederates then were, to pray for the faid Pretender in the public churches, as King of thefe realms.

All which treafons and crimes abovementioned were contrived, committed, perpetrated, acted and done, by the faid James Earl of Derwentwater, William Lord WidAnd the faid laft mentioned confpirators, drington, William Earl of Nithifdale, their complices and confederates, during George Earl of Wintoun, Robert Earl of their march and invafion aforefaid, in open Carnwath, William Viscount Kenmure, defiance of his moft facred Majefty's juft William Lord Nairn, and other the conand undoubted title to the imperial crown fpirators aforefaid, against our Sovereign of these realms, did wickedly and traite- Lord the King, his crown and dignity; roufly cause and procure the faid Pretender and contrary to the duty of their allegiance, to be proclaimed, in the most public and and against the laws and ftatutes of this folemn manner, as King of thefe realms; kingdom. and in feveral places in the counties afore- Of all which treafons and crimes, the faid, or fome of them, did unlawfully take Knights, Citizens and Burgeffes in Parliaand feize from his Majefty's officers of the ment affembled, do, in the name of themrevenue the public money, for the ufe and felves and of all the Commons of Great fervice of the faid Pretender; and though Britain, impeach the faid James Earl of many of the confpirators are avowed pro- Derwentwater, William Lord Widdringfeffors of the Popish religion, yet the more ton, William Earl of Nithifdale, George effectually to cover and difguife their moft Earl of Wintoun, Robert Earl of Carnwicked and traiterous defigns, and to wath, William Vifcount Kenmure, Wildelude his Majesty's fubjects, they did liam Lord Nairn, and every of them. prevail on and procure feveral men in holy

And

The faid Earl of Derwentwater was brought to the bar by the Gentleman Usher of the Black Rod, where he kneeled until the Lord Chancellor directed him to rife; and his Lordship acquainted him with the abovementioned order, and demanded of him if he was ready to put in his answer, to which he faid he was, and delivered the fame at the bar.

Which answer of the faid Earl of Derwentwater was read, and is as follows.

And the faid Commons by proteftation, | peachment of high-treafon, exhibited against faving to themselves the liberty of exhibiting them by the Houfe of Commons. at any time hereafter any other accufations or impeachments against the faid James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithifdale, George Earl of Wintoun, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, or any of them; and alfo of replying to the anfwers which the faid James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithifdale, George Earl of Wintoun, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, or any of them, fhall make to the premiffes, or any of them, or to any impeachment or accufation that fhall be by them exhibited according to the courfe and proceedings of Parliament; and do pray, that the faid James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithifdale, George Earl of Wintoun, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, be put to answer all and every the premiffes: And that fuch proceedings, examinations, trials and judgments may be upon them and every of them had and ufed as fhould be agreeable to law and juftice.

Lord High Steward. Clerk of the Parliament, read the record of the answers and pleas of the Lords the prifoners at the bar to the impeachments.

Die Jovis 19 Januarii, 1715.

THE order of the day being read, for bringing James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithifdale, George Earl of Wintoun, Robert Earl of Carnwath, William Vifcount Kenmure, and William Lord Nairn, to this Houfe, in order to their putting in their feveral anfwers to the articles of im

The Anfwer of James Earl of Derwentwater to the Articles of Impeachment of High-Treafon exhibited against him by the Honourable the Knights, Citizens, and Burgeffes of Great Britain in Parliament affembled.

TO a charge of fo high and heinous a nature the faid Earl cannot answer without the deepest concern and affliction, which becomes more weighty from the share the Honourable Houfe of Commons have been pleafed to take in the accufation: He affures himself however, that great affembly doth not engage in the prosecution of an offence, fo open to conviction in the ordinary courfe of law, with defign to intercept that mercy which the Earl, from the report of his Majefty's natural goodness, had reafon to expect. It would be a thought unworthy any member of that auguft body, to imagine he could have the leaft defire of fpilling the blood of any his fellow-fubjects, whom his Majefty's great wifdom fhould think a fit object of his mercy; the faid Earl therefore hopes that his profecution is taken out of the common courfe of juftice, with intention, that if in his particular cafe there fhall appear any circumstances inducing favour or compaffion, both your Lordships and

of

the

he

action during the continuance in arms, To he took the firft opportunity that offered of fubmitting to the King's mercy. After the fudden fkirishes at Preston, the faid Earl, with others, was follicitous to pre vent any farther deftruction of the lives of his Majesty's fubjects, and inftrumental to induce all in arms to fubmit themselves to the King, provided they might be fecured of their lives. One of his Majefty's officers, fent from the General, gave them encouragement to believe, that the furrender of themselves would be the ready way to obtain the King's mercy: In confidence whereof, when a ceffation was agreed on, the faid Earl offered himself to become one of the hoftages for them till the next morn ing, in which time he received further affurances from the officers, that the King was a Prince of known clemency; that this was a diftinguishing part of his character, and that the free furrender to mercy would be the moft proper means to obtain it. The faid Earl believes his Majesty's officers were very fenfible, and will be fo juft as to acknowledge, that it had not been impracticable for many of thofe at Preston to make their way through his Majesty's forces; but this attempt must have occafioned the lofs of many lives, and might have been productive of ill confequences to the government, which the faid Earl was defirous to prevent; and when the time agreed on for the ceffation was near expired, and General Wills feemed uneafy in not having received any meffage from thofe in the town, the faid Earl writ a letter to exhort them to furrender to the King's mercy; and at the fame time declared to the faid General, and other officers, that whatever happened, he was determined to continue with them, and rely entirely on his Majefty's clemency and goodnefs, which he had encouragement to expect; and in fuch circumftances the faid Earl cannot diftruft your Lordships or the Commons

the Commons may be interceffors with his Majefty for grace towards him; whereby the exercife of the royal mercy, upon which the Earl depended (which amongst all the virtues of the crown, moft endears a monarch to the love and affection of his people) may be extended in fuch manner as may demonftrate that clemency for which his Majefty is fo greatly renowned, and not encourage any to offend upon the prefumption of it for the future. The faid Earl acknowledges, with a real forrow, that at the time in the articles mentioned he was in arms, and with others did march through and invade feveral parts of this kingdom; and confeffes "he is thereby guilty of the offence wherewith he is charged in the faid articles." But if any offence of that kind was ever attended with circumftances which might move compaffion, the faid Earl hopes may be intitled to it: He begs leave to inform your Lordships, that his temper and inclination difpofed him to live peaceably under his Majefty's government, and he never had the leaft prejudice or malice against his perfon, nor was he ever heretofore concerned in or privy to any defign or contrivance to fubvert or difturb the eftablished government, the laws or religion of this kingdom; and if any methods were taken by others to accomplish any of thofe ends, he was abfolutely a stranger to them; nor did he now ingage in this unhappy undertaking upon any previous concert or contrivance for any fuch purpose; but being young and unexperienced, he rafhly, and without any deliberation, engaged himself to meet at Plainfield in Northumberland, on affurance that many of his relations and acquaintance would appear there; that his undertaking was fudden, appears in that he engaged in it without any previous preparation of men, horfes, arms, or other warlike accoutrements; and as the faid Earl cannot be justly reproached with any cruel, fevere, or harsh VOL. II. No. 38.

DERWENTWATER.

The material words of which answer appearing not to be fufficiently exprefs and clear, the Lord Chancellor afked the faid Earl if he meant by the faid anfwer to plead guilty to the high-treafon in the faid articles of impeachment contained?

He faid he did, and fubmitted to the King's mercy, and humbly defired their Lordship's interceffion to his Majefty; and his faid anfwer and plea was recorded accordingly.

And he withdrew.

readinefs, to use their mediation for mercy that mercy, or of your Lordship's goodon his behalf, which will lay him under nefs; and therefore the faid Lord confeffes the highest obligations of duty and affec- he is guilty of the treafon wherewith he is tion to his Majelty, and perpetual gratitude charged in the faid articles; and after havto both Houfes of Parliament. ing thus freely acknowledged his offence, he begs leave to lay his cafe before your Lordships, and humbly hopes, when the particular circumftances are confidered, it will not be thought to merit the most rigorous punishment, but that both your Lordships, and the Honourable Houfe of Commons, will look upon him as a proper object of his Majefty's clemency; and he humbly hopes he may not be thought the lefs unworthy of favour, in that he never before offended, nor was at any time privy to, or acquainted with any defign or contrivance to destroy or difturb the established government, the laws or religion of this kingdom, but came unawares into this fudden and unpremeditated action; for altho he had met with public rumours and reports of intended invafions from abroad, and infurrections at home, yet he never knew, or any other way heard of any formed defign against the government, till he was told the night before of a meeting intended at Plainfield in Northumberland on the fixth of October laft; and being foon after informed, that almost all his neighbours and acquaintance had there met in arms, he took a hafty and inconfiderate refolution of joining them; nor was he in any fort prepared for fuch an undertaking, having only fome of his own family with him, no arms but his common fowling-pieces and wearing fwords, and fewer hories than he had conftantly kept for feveral years before; and nothing but the report of fo many of his friends being engaged could have hurried him on to an enterprise fo unaccountably rafh and unjustifiable; and he is willing to hope your Lordships will efteem it fome alleviation of his crime, that in a commotion of that nature there was fo little violation of the rights and properties of those

Then the L. Widdrington was brought to the bar, and having there alfo kneeled, was acquainted by the Lord Chancellor with the aforementioned order, and asked the same question as the Earl of Derwentwater; and he likewife delivered in his anfwer, which was read as follows:

The answer of William Lord Widdrington to the articles of impeachment of high treafon exhibited against him by the Honourable the Knights, Citizens, and Burgeffes of Great Britain in Parliament

affembled.

IT is with inexpreffible concern and affliction the faid Lord appears before this august assembly charged with crimes of the moft heinous nature; and though it is natural to mankind to endeavour to conceal their guilt, and make ufe of all manner of defence, especially in the cafe of life, yet as he furrendered himself at Prefton, entirely relying on his Majefty's mercy, fo he is now refolved not to take any measures which may argue the leaft diffidence of

who

who opposed them; for he believes few tained further fuccefs, and thereby preinftances can be found, where fuch a mul- vented the fo fpeedy fuppreffing that intitude continued fo long in arms without furrection; but the faid Lord, and the doing greater acts of violence and injuftice. reft, having with the utmoft confidence reThe faid Lord cannot charge himself with lied on the affurances of his Majefty's great any injurious acts to the property of his clemency, and the hopes of mercy, which fellow-fubjects, and endeavoured to prevent had been given them from the officers who them in others; and hopes it was thence commanded the royal forces, he is encourowing in fome measure, that there was aged with great earnestness to implore the fhewn all along greater marks of modera- interceffion of your Lordships, and the Hotion and humanity, than is common in fuch nourable Houfe of Commons, with his a warlike and hoftile proceeding. The Majefty, for that mercy on which they fuddeness of the attack at Preston, without wholly depended; and as he doth not any previous fummons, admitted no time know where mercy was refused to those who for meditating a fubmiffion before the lofs fo early and with fo much refignation fubof that blood which was there unfortu- mitted to it, fo he humbly hopes your Lordnately fpilt; but after the heat and fur- fhips may be induced to think, that the prise of the first action was over, a ceffation exercise of this divine virtue by his Majefty of arms was desired, and upon the mutual towards those who caft themselves at his meffages which then paffed, the officers fent royal feet upon the fole profpect and exfrom the General encouraged them to be- pectation of it, will appear no lefs glorious lieve the furrendering themselves would to his Majefty, and prove no lefs advantabe the ready way to obtain the King's geous to the future quiet and tranquillity mercy, and gave them repeated affurances, of his government, than any examples of that they fubmitted to a Prince of the juftice in fuch a cafe can be likely to do; greateft clemency in the world; upon thefe and whatever marks of goodness and fahopes and affurances they made a general vour his Majefty fhall vouchsafe to the faid furrender of themselves to the King; and Lord, will not fail to engage him by the the faid Lord may juftly take notice to strongest ties of gratitude, to demonstrate your Lordfhips, that as he was the laft who in the future courfe of his life the moft contook up arms, fo be was the first who pro- ftant inviolable duty to his Majefty, and cured a meeting of the chief perfons among the mott real esteem and veneration for them in order to lay them down; and can- your Lordships and the Honourable House not doubt but your Lordships, and the of Commons. Honourable Houfe of Commons, will think it equitable to make fome diftinction between an obftinate refiftance and an early and humble fubmiffion, whereby the peace and tranquillity of this part of his Majesty's dominions was entirely restored. Na ture must have started at yielding themfelves up to a certain and ignominious death, when it must be acknowledged that it was not impracticable for many of them to have escaped, and it was poffible fo great a number grown defperate might have ob

WIDDRINGTON,

And the faid Lord Widdrington being afked if he had any thing farther to fay, he begged to be excufed all imperfections int his faid anfwer, said he had been indifpoled with the gout in his ftomach, and was not able to employ himself in preparing his anfwer till laft night, and finished it but this morning, and humbly implored their Lordfhips interceffion to his Majefty for favour

and