P. S. If that Prince, who now governs, had given me my Life, I should have thought my felf obliged never more to have taken up Arms against him. After the Reading this Paper, he deliver'd it to the Sheriff. Then turning to the Block, and finding a rough Place, he bid the Executioner chip it off. Then pulling off his Coat and Weftcoat, he lay down to fit his Neck to the Block, telling the Executioner, that the Sign he fhould give him, was, Lord Jefu, receive my Sonl; and at the third Time of repeating it, he was to do his Office. Which he accordingly did at one Blow. Immediately after the Earl was executed, the Lord Kenmure was brought to the Scaffold, accompany'd by his Son and fome Friends, and attended by two Clergymen of the Church of England; which was the Religion he profefs'd. He made no other Speech, than that he was concern'd that he had pleaded Guilty. After which laying down his Head on the Block, he rais'd it up again; and still continuing on his Knees, gave the Executioner fome Money, and told him he wou'd give him no Sign, but when he laid down his Head again, he might perform his Office as he faw good. Then having lifted up his Hands a fhort Time in Prayer, he refolutely laid down his Head; which at two Blows was fever'd from his Body. After his Execution, a Letter was found, which he wrote to the Pretender, (whom he ftiled King James;) in which he declared, that he died for his faithful Services to his Majefty; but hop'd the Caufe he died for would flourish after his Death: And as he fuffered for his Service, he hop'd his Majesty wou'd provide for his Wife and Children. The other Lords, viz. Lord Widdrington, Earl of Carnwath, and Lord Nairn, were firft reprieved to the 7th of March, and afterwards pardon'd: But the Earl of Nithifdale, the Day before the Execution of the Lord Derwentwater, found Means to make his Efcape out of the Tower, difguifed in Womens Apparel, and has not been heard of fince. The peach'd. The TRYAL of GEORGE Earl of 1715. The Earl im-THE Earl was impeach'd on Monday the 9th of January, 1715. and the fame Day the Articles against him were read in the House of Lords; and it was ordered that the faid Earl, with the other impeach'd Lords, fhou'd be brought to the Bar the next Day, to hear the faid Articles read. Allow'd Time to Vol. vi. p. 18. On Tuesday the 10th of January, the Earl and the other impeach'd Lords being brought to the Bar, and having heard the Articles read, the Lord Chancellor acquainted them that was the proper Time, if they had any Thing to request of the Houfe. Whereupon the Earl of Wintoun defired he might have a Copy of the Articles, and Time to answer, and Council affign'd him. Accordingly a Copy was order'd him, and Time to anfwer till Saturday following, and that Council fhould be affign'd him; and his Lordship defiring that Time might be alAnd to name his low'd him to name his Council, the House alCounfel and So- low'd him to name a Solicitor as well as Council, licitors. and gave him leave to name whom he defir'd to come to him in the Evening, or next Morning, in order to advise him in the naming of them. thereupon named Mr. Hereot a Clergyman, Mr. Menzies, Major Sinclair, and Mr. Lefley a Lawyer; and it was order'd they might repair to the faid Earl at any Time, before the fitting of the Houfe the next Day. He It was further order'd, that any of the impeach'd Lords might have Copies of any Records or Journals for their Defence, and Summons for their Witneffes, who fhould have the Protection of the Houfe for their safe coming and going, during the Tryals. On Thursday the 12th of January a Petition from the faid Earl was prefented to the Houfe, praying further Time to name his Council and a Solicitor, Sir Thomas Powis and Mr. Mead having refus'd to appear for him; whereupon Time was given him until Eleven o' Clock the next Day: And upon the Requeft of the Earl of Derwentwater, and the Lord Widdrington, it was order'd, That all the impeach'd Lords have Time to put in their Answers till Monday next. On Monday, the 16th of January, it was order'd, That in regard the Counsel affign'd fome of the Lords, refus'd to be concern'd for them, Thursday next be appointed peremptorily for them to put in their Anfwers. The Lord Wintoun being brought to the Bar on Thursday the 19th of January, and asked if he was ready to put in his Anfwer, he deliver'd a Petition, A Petition for fhewing, That their Lordships Order for allowing further Time, certain Perfons to come to him expiring on Friday vol. vi. p. 19! laft, he had no Opportunity of naming other Counfel and Solicitors, fince thofe he named formerly had refus'd to be employ'd; and therefore prayed that Sir Conftantine Phipps and Mr. Peer Williams might be affign'd him for Counsel, and Charles Menzies and Mr. James Leslie for Solicitors; and that Mr. George Hereot, a Clergyman, might have Access to him. Whereupon it was order'd, That the Counsel mention'd in the faid Petition be affign'd him, and either of the laid Solicitors; and that he have Time to put in his Answer till Monday next; and that the Clergyman, mention'd in the Petition, may have Access to him, provided he stay in Custody with him during his Confinement. After which the Earl, having named Menzies for his Solicitor, withdrew. The Earl petitioning the House again on Saturday, the 21st of January, for further Time to put in his Anfwer, the Petition was rejected. The Earl being brought to the Bar on Monday the 23d of January, and ftill defiring further Time to put in his Answer, was acquainted, That he had been indulg'd more than any other of the impeach'd Lords; and that this being the peremptory Day for putting in his Anfwer, the Houfe would allow hin no further Time; and the Confequence of his refufing to plead in Law was, That judgment wou'd be awarded against him, as if he had pleaded Guilty. Whereupon he deliver'd in his Answer fairly engroffed in Parchment. VOL. VIII. P On Vol. vi. p. 20. On Saturday, the 28th of January, the Commons reply'd to the Earl's Anfwer; and on Wednesday, the 8th of February, the Lords appointed Thursday the 16th Instant for the Tryal of the said Earl at the Bar of the House in Westminster-Hall. Upon reading the Petition of George Earl of Wintoun on Friday, the 10th of February, defiring, That Regard might be had to the Distance of the Place and Seafon of the Year, for bringing up of his Witneffes from Scotland, and other Parts; and that the House wou'd grant him an Order to compel his Witneffes to come up, and give Evidence at the Tryal on the Behalf of the Petitioner; it was order'd, That the Time for the Tryal of the Petitioner be enlarg'd to Thursday, the 8th of March next; and that the Witneffes, named by the Petitioner, be required to attend the House at the same Time, except fuch as were Prisoners for High-Treafon; and that they have the Protection of the House for their fafe Coming and Going during the Tryal. Upon reading a Petition of the faid Earl's on Monday, the 5th of March, fhewing, That his Agents had us'd all poffible Dilligence in ferving the Order of the Houfe for the Attendance of his Witneffes, and that they were all on their Way hither, either by Land or Sea; and that if they were already arriv'd, the Time wou'd be too fhort to prepare his Briefs and inftru&t his Counsel; and praying therefore that the Time appointed for the Tryal might be enlarg'd; it was order'd, That the Tryal be on the 15th of this Inftant March. Upon reading another Petition of the Earl's on Monday, the 12th of March, fhewing, That Four of his most material Witnesses were not arriv'd, being lame and infirm, and fo not able to travel with Expedition; and therefore praying that the Time for his Tryal might be enlarg'd; Charles Menzies, the Petitioner's Solicitor, was call'd in, and examin'd upon Oath concerning the Allegations of the faid Petitioner; and he failing to make good the fame, the Petition was rejected. On Wednesday, the 14th of March, another Petition of the Earl's was read, praying that Mr. Kettleby and Dr. Strahan might be added to his Council: It was order'd, That they be affign'd the Petitioner, to be heard as to Matters of Law only. A A Motion also being made, That certain other Perfons, whofe Names were exhibited in a List on Behalf of the Prifoner, might be fummon'd as Witneffes at the Tryal, they were order'd to attend accordingly at Westminster-Hall To-morrow at Ten in the Forenoon. The Earl defiring also that General Carpenter, a Member of the Commons, might be examin'd alfo as a Witness at the Tryal, a Meffage was fent to the Commons, that they wou'd give the General Leave to be examin'd, it was comply'd with. It was order'd alfo, That the Witnesses, produc'd on behalf of the Earl, fhou'd be examin❜d upon Oath; and that the Oath to be adminiftred on both Sides fhou'd be this, THE HE Evidence which you shall give at this Tryal, concerning George Earl of Wintoun, Prifoner at the Bar, fhall be the Truth, the whole Truth, and nothing but the Truth. So help you God, and the Contents of this Book. About One o' Clock on Thursday, March 15th, The first Day's 17. the Lords came from their House to the Tryal. Court erected in Westminster-Hall; when the Lords Vol. vi. p. 21. being placed in their proper Seats, and the Lord High-Steward on the Wool-Pack, the Clerk of the Crown in Chancery made three Reverences to the Lord High-Steward, and prefented him with his Commiffion. After which it was carried to the Table, and read, all the Peers standing up uncover'd while the Commiffion was reading. The COMMISSION. Georgius Rex, GEORGIUS, Dei Gratia Magne Britanniae, Fran- P 2 & al |