and asked the same question as the earl of Derwentwater. He likewise delivered in his Answer; which was read as follows:

The ANSWER of WILLIAM Lord WIDDRINGTON, to the Articles of Impeachment of High Treason exhibited against him, by the Honourable the Knights, Citizens, and Burgesses, of Great Britain, in Parliament assembled.

"It is with inexpressible concern and affliction the said lord appears before this august assembly, charged with crimes of the most heinous nature and though it is natural to mankind to endeavour to conceal their guilt, and make use of all manner of defence, especially in the case of life; yet, as he surrendered himself at Preston, entirely relying on his ma

appear there. That his undertaking was sudden, appears that he engaged in it without any previous preparation of men, horses, arms, or other warlike accoutrements. And as the said earl cannot be justly reproached with any cruel, severe, or harsh action, during the continuance in arms; so he took the first opportunity that offered of submitting to the king's mercy. After the sudden skirmishes at Preston, the said earl, with others, was solicitous to prevent any further destruction of the lives of his majesty's subjects, and instrumental to induce all in arms to submit themselves to the king, provided they might be secured of their lives: one of his majesty's officers, sent from the general, gave them encouragement to believe, that the surrender of themselves would be the ready way to obtain the king's mercy; in confidence whereof, when a cessation was agreed on, the said earl offered himself to become one of the hostages for them till the next morning; in which time he re-jesty's mercy: so he is now resolved not to take ceived further assurances from the officers, "That the king was a prince of known clemency; that this was a distinguishing part of his character; and that the free surrender to mercy would be the most proper means to obtain it." The said earl believes his majesty's officers were very sensible, and will be so just as to acknowledge, that it had not been impracticable for many of those at Preston to make their way through his majesty's forces; but this atteinpt must have occasioned the loss of many lives, and might been productive of ill consequences to the government, which the said earl was desirous to prevent; and, when the time agreed on for the cessation was near expired, and general Wills seemed uneasy in not having received any message from those in the town, the said earl writ a letter, to exhort them to surrender to the king's mercy; and, at the same time, declared to the said general and other officers, "That whatever happened, he was determined to continue with them, and rely entirely on his majesty's clemency, and goodness, which he had encouragement to expect." And, in such circumstances, the said earl cannot distrust your lordships or the Commons' readiness to use their mediation for mercy on his behalf; which will lay him under the highest obligations of duty and affection to his majesty, and perpetual gratitude to both Houses of Parliament. DERWENTWATER."

The material words of which Answer appearing not to be sufficiently express and clear; the Lord Chancellor asked the said earl," If he meant, by the said Answer, to plead Guilty to the said Articles of Impeachment ?" He says "He does; and submits to the king's mercy; and humbly desires their lordships intercession to his majesty ;" and his said Answer and Plea is recorded accordingly. And he withdrew.

LORD WIDDRINGTON'S ANSWER.] Then the Lord Widdrington was brought to the bar; and, having there also kneeled, 'was acquainted by the Lord Chancellor with the aforementioned Order,

any measures which may argue the least diffidence of that mercy, or of your lordships goodness; and therefore, the said lord confesses, he is Guilty of the Treason wherewith he is charged in the said Articles. And, after baving thus freely acknowledged his offence, he begs leave to lay his case before your lordships; and humbly hopes, when the particular circumstances are considered, it will not be thought to merit the most rigorous punishment; but that both your lordships and the honourable House of Commons will look upon him as a proper object of his majesty's clemency: And be humbly hopes, he may be thought the less unworthy of favor, in that he never before offended, nor was at any time privy to, or acquainted with, any design, or contrivance, to destroy, or disturb, the established government, the laws, or religion, of this kingdom: but came unawares into this sudden and unpremeditated action; for, although he hath met with public rumours and reports of intended invasions from abroad, and insurrections at home; yet he never knew, or any other way heard, of any formed design against the government, till he was told, the night before, of a meeting intended at Plainefield, in Northumberland, on the 6th of October last; and being soon after informed, that almost all his neighbours and acquaintance had met there in arms, he took a hasty and inconsiderate resolution of joining them: Nor was be in any sort prepared for such an undertaking, having only some of his own family with him, no arms but his common fowling pieces and wearing swords, and fewer horses than he had constantly kept for several years before; and nothing but the report of so many of his friends being engaged could have hurried him on to an enterprize,so unaccountably rash and unjustifiable.

And he is willing to hope, your lordships will esteem it some alleviation of his crime, that, in a commotion of that nature, there was so little violation of the rights and properties of those who opposed them; for, he believes, few instances can be found, where such a multitude continued so long in arms, without doing

mons any unnecessary trouble; he does, with a the honourable House of Commons; and that sorrow equal to his crime, confess that he is they both declined to meddle, for reasons then Guilty of the Treason in the said Articles of Im- given; your lordships were pleased to allow me peachment contained; and throws himself at some more time for nominating of counsel and his majesty's feet, imploring his royal mercy: solicitors, and this day for giving in my AnAnd, to incline his majesty thereto, and induce swers; but, by reason of my close confinement, your lordships to recommend him as an object and that your lordships order for allowing some thereof, he begs leave to inform your lordships, persons to have access to me expired on Friday that, when he and the rest that were with him last, at eleven forenoon; I have had no opporat Preston had engaged in a battle, a cessation tunity of naming other counsel and solicitors; of arms being agreed to, they had intimations nor can I have the assistance of any, till they from his majesty's officers, That if they sub- are appointed by your lordships, and they almitted, they might expect the king's mercy;' lowed access to me.-That your petitioner has and history abounding with instances of con- several specialities and matters of great mo ditions, stipulated by generals, even with rebels, ment, which he conceives necessary to be a part and afterwards agreed to and confirmed by of his Answers, and which cannot be drawn into their sovereigns, they were prevailed on by form without the assistance of his counsel and such encouragement, together with the consi- solicitors.-Forasmuch, therefore, as this affair deration of his majesty's known clemency, to is to me of the greatest importance; may it surrender themselves prisoners; whereby the please your lordships, to assign sir Constantine lives of great numbers of his majesty's good Phipps and Mr. Peer Williams to be counsel, subjects were saved, which, by an obstinate and Charles Menzies and Mr. James Lesslie to resistance, would inevitably have been destroy-be my solicitors, and to order that they may ed: And therefore, he most humbly begs your lordships will be pleased to represent his case to his majesty in the most favourable mauner; not doubting but, by your lordships powerful intercession, he shall find, that as he performed the duty of a good Christian in concurring to prevent the effusion of blood, so he acted the part of a wise man in relying upon a mercy so extensive as that of his majesty. And he presumes, when the honourable House of Commons are apprised of the nature of his case, they will not interpose, to prevent him from having a share in the benefit of that mercy. NITHISDALE."

And the said earl of Nithisdale being asked, "If he had any thing further to say?" He says, "He has nothing, but to implore the King's mercy." And his Answer and Plea is recorded accordingly. And he withdrew.

have access to me from time to time, during my trial; as also that your lordships would be pleased to allow Mr. George Hereot, a minister of the church of England, to have access to me from time to time, seeing I am confined in a room alone. And your petitioner shall ever pray, &c. WINTOUN."

The said earl of Wintoun was directed to

withdraw. And being withdrawn accordingly; The Order made on Thursday last, upon his Petition, was read: as also the several orders made on Monday last.

Ordered, That the counsel mentioned in the said Petition be assigned him, and that either of the said solicitors be likewise assigned; and that he have time to put in his Answer to the said Articles till Monday next; and that the clergyman mentioned in his petition, being his relation, may have access to him, provided he will stay in custody with him during his confinement.

The Earl of Winton's Petition, for other Counsel; and further time allowed him to anThen he was again called in. And the Lord swer.] Then the earl of Winton was brought to Chancellor acquainted him, "That the House the bar. And, having there likewise kneeled, had considered his Petition; and assigned him was acquainted by the Lord Chancellor with the the counsel he desired, and would assign him forementioned Order, and asked the same queseither of the two solicitors he should choose; tion as the earl of Derwentwater. He said, and that the clergyman abovementioned might "He had a Petition to present to the House; come to him, upon the condition before exhe was an entire stranger to the nature of their pressed."-Then the said earl of Wintoun nam fordships proceedings: and desired his Petitioning Mr. Menzies, the House accordingly assignmight be read." And the same was read, as ed him for his solicitor; and ordered that the follows: said counsel and solicitor may have access to him from time to time, at all seasonable houts. And he withdrew.

"To the right honourable the Lords Spiritual and Temporal in Parliament assembled. The humble PETITION of GEORGE Earl of WINTOUN;

"Humbly sheweth ; "That, on Thursday last, I having applied to your lordships, representing how I had caused application to be made to two lawyers, to act as counsel for me, in the Impeachment exhibited before your lordships against me by

The Earl of Carnwath pleads Guilty.] Then the earl of Carnwath was brought to the bar. And, having there likewise kneeled, was acquainted by the Lord Chancellor with the fore mentioned Order, and asked the same question as the earl of Derwentwater. He says, “He has no Auswer in writing; but desires to throw himself on the king's mercy, and humbly implores their lordships intercession to his ma

jesty, on his behalf; and assures the House, if the same were granted, he shall think himself obliged to live under the strictest ties of loyalty to his majesty. And as to the said Articles; be says, he is Guilty of the High Treason contained in the said Articles of Impeachment against him." And the said Plea is recorded accordingly. And he withdrew.

Viscount Kenmure pleads Guilty.] Then the viscount Kenmure was brought to the bar.

thing about crossing the Forth, until the morning
he was sent over under M'Intoch's command;
and then was so far from approving of that ex-
pedition, that though, to avoid the imputation
of cowardice, he would hazard his own person
therein; your petitioner ordered back all his
dependants, and was only attended by his son
and four servants, who would not leave him in
a time of danger, though often desired: Nor
was your petitioner privy to any designs of
marching into England; for, having been bred
in the land service.
a seaman, he had no pretensions to knowledge

And, having there kneeled also, was acquainted
by the lord Chancellor with the forementioned
order, and asked the same question as the earl
“Your petitioner, being now sensible of his
of Derwentwater. He says, "He has no An-
swer in writing; but is Guilty of the charge of errors, hath pleaded Guilty to the Articles of
High Treason contained in the Articles of Im-him by the honourable House of Commons,
Impeachment of High Treason, exhibited against
peachment against him; and begs the House and thrown himself at his majesty's feet; hum-
will intercede with his majesty for mercy." bly beseeching your lordships, in commisera
And his Plea is recorded accordingly. And he tion of the deplorable circumstances of your
petitioner and his twelve children, to recom-
mend him to his majesty for that mercy, which,
at the time of his surrender, he was made to
believe he might reasonably expect.

withdrew.

Lord Nairn pleads Guilty.] Then the lord Nairn was brought to the bar. And, having there also kneeled, was acquainted by the lord Chancellor with the forementioned Order, and "This will lay your petitioner and his posteasked the same question as the earl of Der-rity under the greatest obligations of duty and wentwater. He says, "He throws himself gratitude to his majesty, and bind them for upon the king's mercy; and begs the interces-ever to bless your lordships, as the merciful insion of this House to his majesty. And as to struments of procuring such a gracious deliverthe Articles of Impeachment exhibited against ance. And your petitioner shall ever pray, &c. him; he says, he is Guilty of the High Treason "NAIRNE." contained in the said Articles," And his Plea is recorded accordingly.

And being asked, " If he had any thing further to say?" He said, "he had not." And

Then he delivered in a Petition, at the bar; withdrew. and the same was read, as follows: "To the right_honourable the Lords spiritual

and temporal in parliament assembled, the humble Petition of WILLIAM Lord NAIRNE;

"Sheweth,

"That your petitioner was educated, and hath always continued, a Protestant, according to the discipline of the church of England; and though, by reason of some mistaken principles he unwarily imbibed in his tender years, he did not in all respects conform to the late Revolution, lying under the less necessity, for that he had married an heiress, in whom all the right of your petitioner's estate is invested; and though he never took the oaths, yet he always peaceably submitted to, and lived quietly under, the government as by law established, until the breaking out of this rebellion, in which your petitioner was inadvertently involved; but not before the lord Mar and his adherents had for a considerable time, made themselves masters of Perth and Dunkeld, and thereby surrounded your petitioner's whole estate, and came to your petitioner's house lying in the middle between those places.

"Your petitioner heartily repents of this rash undertaking, and solemnly declares, he knew nothing of any previous consultations, or conspiracies in favour of the Pretender, before he actually appeared in arms; nor knew any VOL. VII.

Then the House was informed, "That on the day the said several lords were brought before to this House, nowithstanding their lordships order, That no person should have admittance to them without the special leave of the House, it was reported, and believed, that, on their return to the Tower, they were allowed to dine at a tavern, and suffered to continue there for some time."

Thereupon the Lieutenant of the Tower was called in, and examined touching the same; and acknowledged, "That the said lords, complaining they were faint, at their request, were permitted to go into the Fountain tavern in the Strand, and stayed about half an hour, during which time they were strictly guarded." And then he withdrew.

Ordered, That the said several lords be carried directly to the Tower when they go from hence; and if they desire any refreshment they take it here. And the said Lieutenant was called in, and acquainted with the said Order.

Then a message was sent to the House of Commons by Mr. Holford and Mr. Lovibond: To acquaint them, that James earl of Der wentwater, William lord Widdrington, Wil liam earl of Nithisdale, Robert earl of Carnwath, William viscount Kenmure, and William lord Nairne, have severally pleaded Guilty, at the bar of this House, to the Articles of Impeachment of High Treason exhibited against them by the Commons; which pleas this House

T