All the Peers who were charged, except the Earl of Winton, pleaded guilty to the indictment, but offered pleas of extenuation for their guilt, in hopes of obtaining mercy. In that of the Earl of Derwentwater, he suggested that the proceedings in the House of Commons, in impeaching him, were illegal.
Proclamation was then made, and the Lord High Steward proceeded to pass sentence upon James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, Robert Earl of Carnwarth, William Viscount Kenmure, and William Lord Nairn.
His lordship having detailed the circumstances attending their impeachment, and having answered the argumentative matter contained in their pleas, and urged in extenuation of their offences, proceeded to say—
“It is my duty to exhort your lordships to think of the aggravations as well as the mitigations (if there be any), of your offences; and if I could have the least hopes that the prejudices of habit and education would not be too strong for the most earnest and charitable entreaties, I would beg you not to rely any longer on those directors of your consciences by whose conduct you have, very probably, been led into this miserable condition (in allusion to their lordships being members of the Roman Catholic church); but that your lordships would be assisted by some of those pious and learned divines of the church of England, who have constantly borne that infallible mark of sincere Christians, universal charity.
“And now, my lords, nothing remains but that I pronounce upon you (and sorry I am that it falls to my lot to do it) that terrible sentence of the law, which must be the same that is usually given against the meanest offender of the like kind.
“The most ignominious and painful parts of it are usually remitted, by the grace of the crown, to persons of your quality; but the law, in this case, being deaf to all distinctions of persons, requires I should pronounce, and accordingly it is adjudged by this court,
“That you, James earl of Derwentwater, William lord Widdrington, William earl of Nithisdale, Robert earl of Carnwarth, William viscount Kenmure, and William lord Nairn, and every of you, return to the prison of the Tower, from whence you came; from thence you must be drawn to the place of execution; when you come there, you must be hanged by the neck, but not till you be dead; for you must be cut down alive; then your bowels must be taken out, and burnt before your faces; then your heads must be severed from your bodies, and your bodies divided each into four quarters; and these must be at the king’s disposal. And God Almighty be merciful to your souls.”
After sentence thus passed, the lords were remanded to the Tower, and on the 18th of February orders were sent to the lieutenant of the Tower, and the sheriffs, for their execution. Great solicitations were made in favour of them, which not only reached the court, but the two houses of parliament, and petitions were delivered in both, which being supported, occasioned debates. That in the House of Commons went no farther than to occasion a motion for adjournment, so as to prevent any farther interposition there; but the matter in the House of Peers was carried on with more success, where petitions were delivered and spoke to, and it was carried by nine or ten voices that they should be received and read. The question was also put, whether the King had power to reprieve, in case of impeachment; and this being carried in the affirmative, a motion was made to address his majesty to desire him to grant a reprieve to the lords under sentence; but the movers only obtained this clause, viz., “To reprieve such of the condemned lords as deserved his mercy; and that the time of the respite should be left to his majesty’s discretion.”
The address having been presented, his majesty replied:—
“That on this, and other occasions, he would do what he thought most consistent with the dignity of his crown, and the safety of his people.”
The great parties which had been made by the rebel lords, as was said, by the means of money, and the rash expressions too common in the mouths of many of their friends, as if the government did not dare to execute them, did not a little contribute to hasten their execution; for on the same day that the address was presented, the 23rd of February, it was resolved in council, that the Earl of Derwentwater and the Lord Kenmure should be beheaded on the next day; and the Earl of Nithisdale, apprehending he should be included in the warrant, succeeded in making his escape on the evening before, in a woman’s riding-hood, supposed to have been conveyed to him by his mother on a visit.
On the morning of the 24th of February, three detachments of the life, guards went from Whitehall to Tower-hill, and, having taken their stations round the scaffold, the two lords were brought from the Tower at ten o’clock, and, being received by the sheriffs at the bar, were conducted to the transport-office on Tower-hill. At the expiration of about an hour, the Earl of Derwentwater sent word that he was ready; on which sir John Fryer, one of the sheriffs, walked before him to the scaffold, and, when there, told him he might have what time he pleased to prepare himself for death.
His lordship desired to read a paper which he had written, the substance of which was, that he was sorry for having pleaded guilty; that he acknowledged no king but king James the Third, for whom he had an inviolable affection: that the kingdom would never be happy until the ancient constitution was restored, and he wished that his death might contribute to that end. His lordship professed to die in the Roman Catholic faith, and said at the end of the speech which he delivered, that “if that Prince who then governed had given him life, he should have thought himself obliged never more to take up arms against him.” He then read some prayers, and kneeled to see how the block would fit him; and having told the executioner that he forgave him, as well as all his enemies, he desired him to strike when he should repeat the words “Sweet Jesus” the third time. He immediately proceeded to prepare himself for the blow of the axe, and having placed his neck so that it might be fairly struck, he said, “Sweet Jesus, receive my spirit! Sweet Jesus, be merciful unto me! Sweet Jesus——” and was proceeding in his prayer, when his head was severed from his body at one blow. The executioner then took it up, and carrying it to the four corners of the scaffold, said, “Behold the head of a traitor.—God save King George.”
The body was directly wrapped in black baize, and being carried to a coach, was delivered to the friends of the deceased: and the scaffold having been cleared, fresh baize was put on the block, and new saw-dust strewed, so that no blood should appear. Lord Kenmure was then conducted to the place of execution.
His lordship was a Protestant, and was attended by two clergymen. He declined saying much to them, however, telling one of them that he had prudential reasons for not delivering his sentiments; which were supposed to arise from his regard to Lord Carnwarth, who was his brother-in-law, and who was then interceding for the royal mercy. Lord Kenmure having finished his devotions, declared that he forgave the executioner, to whom he made a present of eight guineas. He was attended by a surgeon, who drew his finger over that part of the neck where the blow was to be struck; and being executed as Lord Derwentwater had been, his body was delivered to the care of an undertaker.
George, Earl of Winton, not having pleaded guilty with the other lords, was brought to his trial on the 15th of March, when the principal matter urged in his favour was that he had surrendered at Preston, in consequence of a promise from General Wills to grant him his life: in answer to which it was sworn that no promise of mercy was made, but that the rebels surrendered at discretion.
The circumstances of the Earl of Winton having left his house with fourteen or fifteen of his servants well mounted and armed, his joining the Earl Carnwarth and Lord Kenmure, his proceeding with the rebels through the various stages of their march, and his surrendering with the rest, were fully proved: notwithstanding which, his counsel moved in arrest of judgment; but the plea on which this motion was founded being thought insufficient, his peers unanimously found him guilty. The Lord High Steward then pronounced sentence on him, after having addressed him in forcible terms, in the same manner as he had sentenced the other peers.
The Earls of Winton and Nithisdale afterwards found means to escape out of the Tower; and Messrs. Forster and M‘Intosh escaped from Newgate: but it was supposed that motives of mercy and tenderness in the Prince of Wales, afterwards George the Second, favoured the flight of all these gentlemen.
This rebellion occasioned the untimely death of many