DIE Jovis, 9 Februarii.
Domini tam Spirituales quam Temporales præsentes
Georgius Princeps Walliæ.
|Ds. Cowper, Cancellarius, & Senescallus Mag. Britanniæ pro hac Vice.
Comes Nottingham, Præses.
Comes Sunderland, C. P. S.
Dux Devon, Senescallus.
Dux Bolton, Camerarius.
Dux St. Albans.
Dux Bucks & Nor.
Dux Ancaster, Magnus Camerarius.
Comes De Loraine.
Viscount Say & Seale.
|Ds. Willoughby Er.
Ds. Willughby Br.
Ds. Howard Eff.
Ds. Berkeley Str.
L. Gower takes his Seat.
This Day John Lord Gower sat first in Parliament,
after the Death of his Father John Lord Gower; and
took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Message from H. C. for Places in Westminster Hall to be cleared.
A Message was brought from the House of Commons, by Mr. West and others:
To acquaint this House, that, they being informed
several Persons do come into the Place where their Lordships sit in Westm'r Hall, and from thence into the
Places appointed for the Members of their House;
they do desire that their Lordships will order the said
Place to be cleared of all Persons.
Ordered, That the Gentleman Usher of the Black
Rod, taking with him such Assistance as shall be necessary, do go down into Westm'r Hall, and clear the said
Places of all Persons whatsoever.
Then the Commons were called in; and told, "That
the Lords had given Order for clearing the said Places,
Bps. Protestation, on their withdrawing, previous to Judgement being passed on the Six Lords.
The Lord Archbishop of Canterbury, for himself and
the rest of the Bishops, delivered a Protestation; which
they desire may be entered.
And the same was read, as follows:
"The Lords Spiritual of the House of Peers do
desire the Leave of this House to be absent, when
Judgement is given upon the Lords who have pleaded guilty to the Impeachment of High Treason,
brought up against them by the House of Commons;
saving to themselves and their Successors all such
Right in Judicature as they have by Law, and of
Right ought to have."
And Leave was given accordingly; and the said
Protestation was ordered to be entered, as desired.
Then the Commission appointing a Lord High
Steward, for the further Proceedings against the Six
Lords who have pleaded guilty to the Impeachment
of the House of Commons, was read (all the Lords
standing up uncovered), as follows:
Ld. Cowper's Commission as Ld. High Steward:
"Georgius, Dei Gratia, Magnæ Britanniæ, Franciæ,
et Hib'niæ Rex, Fidei Defensor, &c. Prædilecto et
Fideli Consiliario Nostro Willielmo Domino Cowper,
Cancellario Nostro Magnæ Britanniæ, Salutem. Cum
Jacobus Comes de Derwentwater, Willielmus Dominus
Widdrington, Willielmus Comes de Nithisdale, Georgius
Comes de Winton, Robertus Comes de Carnwath, Willielmus Vicecomes Kenmure, et Willielmus Dominus
Nairn, coram Nobis, in præsenti Parliamento, per
Milites, Cives, et Burgenses, in Parliamento Nostro
assemblat. de Alta Proditione, per ipsos Jacobum Comitem de Derwentwater, Willielmum Dominum Widdrington, Willielmum Comitem de Nithisdale, Georgium
Comitem de Winton, Robertum Comitem de Carnwath, Willielmum Vicecomitem Kenmure, et Willielmum Dominum Nairn, commiss. et perpetrat. in
Nomine ipsorum Militum, Civium, et Burgensium,
et Nomine omnium Communium Regni Nostri Magnæ Britanniæ, impetiti et accusati existunt; et ipsi
prædict. Jacobus Comes de Derwentwater, Willielmus
Dominus Widdrington, Willielmus Comes de Nithisdale, Robertus Comes de Carnwath, Willielmus Vicecomes Kenmure, et Willielmus Dominus Nairn, coram
Nobis in præsenti Parliamento, de Proditione prædict.
se esse culpabiles separatim cognoverunt: Nos, considerantes quod Justitia est Virtus excellens et
Altissimo complacens, volentesque quod prædict.
Jacobus Comes de Derwentwater, Willielmus Dominus Widdrington, Willielmus Comes de Nithisdale,
Robertus Comes de Carnwath, Willielmus Vicecomes
Kenmure, et Willielmus Dominus Nairn, de et pro
Proditione unde ipsi ut præfertur impetit. accusat.
et convict. existunt, coram Nobis, in præsenti Parliamento Nostro, secundum Legem et Consuetudinem hujus Regni Nostri Magnæ Britanniæ, et secundum Consuetudinem Parliamenti, audiantur, sententientur, et adjudicentur, cæteraque omnia quæ
in hac Parte pertinent debito Modo exerceantur et
exequantur; ac pro eo quod Proceres et Magnates
in præsenti Parliamento Nostro assemblat. Nobis
humillime supplicaverunt, ut Senescallum Mag. Britanniæ pro hac Vice constituere dignaremur: Nos,
de Fidelitate, Prudentia, provida Circumspectione,
et Industria vestris plurimum confidentes, ordinavimus et constituimus vos, ex hac Causa, Senescallum
Mag. Britanniæ, ad Officium illud, cum omnibus
eidem Officio in hac Parte debit. et pertinen. (hac
Vice) gerend. occupand. et exercend., et ideo vobis
mandamus, quod circa Præmissa diligenter intendatis, et omnia quæ in hac Parte ad Officium Senescalli Magnæ Britanniæ pertinent et requiruntur
hac Vice faciatis, exerceatis, et exequamini cum
Effectu. In cujus Rei Testimonium, has Literas
Nostras fieri fecimus Patentes.
"Teste Meipso, apud Westm. Nono Die Februarii,
Anno Regni Nostri Secundo.
"Per ipsum Regem, propria Manu signat.
Then Sir John Vanbrug, One of the Three Kings at
Arms, being permitted to come to the Table; the
House was called over by the Clerk; the said King at
Arms marking such Peers as were present in a List.
The House was then adjourned into Westminster Hall,
whither the Officers, Attendants, Lords Sons, and Peers,
went in the Order directed; the said King at Arms
calling them in their due Places by his List.
And the Lords being come thither, and seated:
Proclamation was made, in the King's Name, for all
Persons to keep Silence, upon Pain of Imprisonment.
Then the said Commission for appointing a Lord
High Steward was presented to the Lord High Steward,
sitting upon the Woolsack, by the Clerk of the Crown
in Chancery, on his Knee: And the same being brought
to the Table, and Proclamation made for keeping
Silence; the said Commission was read (all the Peers
standing up uncovered).
Which being done; and the Lord High Steward
having received his Staff in the usual Manner, and
seated himself in a Chair placed on the Second Step
of the Throne, prepared for that Purpose:
Six Lords at the Bar; and Articles, &c. read:
Proclamation was again made, for keeping Silence;
as also Proclamation, requiring the Lieutenant of The
Tower to bring forth his Prisoners to the Bar, according to the Order of the House to him directed.
Who were brought to the Bar accordingly; where
they kneeled, until the Lord High Steward directed
them to rise.
And the Articles of Impeachment, exhibited by the
House of Commons, against the Six Lords who have
pleaded guilty, and the Earl of Wintoun, were read; as
likewise the Answers and Pleas of the said Six Lords.
Then the Lord High Steward acquainted them,
That, when they should find Occasion to say any
Thing, they must address themselves to the Lords in
general; and likewise all other Persons must do the
same." And then further acquainted the said Lords,
That they stood impeached by the House of Commons of High Treason, which was contained in the
Articles now read; to which they had all pleaded
guilty:" And asked them severally, "If they had any
Thing to offer, why Judgement should not pass
against them, according to Law?"
To which they all severally (after making the like
Requests as they did at the Time they put in their Pleas)
answered, "They had nothing to offer in Arrest of
Then, Proclamation being again made for keeping
The Lord High Steward spake as follows:
Ld. High Steward's Speech:
James Earl of Derwentwater, William Lord
Widdrington, William Earl of Nithisdale,
Robert Earl of Carnwath, William Viscount
Kenmure, William Lord Nairn;
"You stand impeached, by the Commons of
Great Britain in Parliament assembled, of High Treason, in traiterously imaging and compassing the
Death of His Most Sacred Majesty; and in conspiring, for that End, to levy a bloody and destructive
War against His Majesty, in order to depose and
murder Him; and in levying War accordingly, and
proclaiming a Pretender to His Crown to be King of
"Which Impeachment, though One of your Lordships, in the Introduction to his Plea, supposes to be
out of the ordinary and common Course of the Law
and Justice, is yet as much a Course of proceeding
according to the Common Law as any other whatsoever.
"If you had been indicted, the Indictment must
have been removed, and brought before the House
of Lords (the Parliament sitting); in that Case you
had ('tis true) been accused only by the Grand Jury
of One County: In the present, the whole Body of
the Commons of Great Britain, by their Representatives, are your Accusers.
"And this Circumstance is very observable (to exclude all possible Supposition of Hardship as to the
Method of proceeding against you), that, however
all great Assemblies amongst us are apt to differ on
other Points, you were impeached by the unanimous
Opinion of the House of Commons (not One contradicting).
"They found themselves, it seems, so much concerned in the Preservation of His most truly Sacred
Majesty and the Protestant Succession (the very
Life and Soul of these Kingdoms), that they could
not omit the First Opportunity of taking their proper Part, in order to so signal and necessary an Act
of His Majesty's Justice.
"And thus the whole Body Politic of this free
Kingdom has in a Manner rose up in its own Defence, for the Punishment of those Crimes, which, it
was rightly apprehended, had a direct Tendency to
the everlasting Dissolution of it.
"To this Impeachment, you have severally pleaded
and acknowledged yourselves guilty of the High
Treason therein contained.
"Your Pleas are accompanied with some Variety of
Matter, to mitigate your Offences, and to obtain
"Part of which, as some of the Circumstances said
to have attended your Surrender (seeming to be offered rather as Arguments only for Mercy, than any
Thing in Mitigation of your preceding Guilt), is
not proper for me to take Notice of.
"But as to the other Part, which is meant to extenuate
the Crimes of which you are convicted, it is fit I
should take this Occasion to make some Observations
to your Lordships upon it; to the End that the
Judgement to be given against you may clearly appear to be just and righteous, as well as legal;
and that you may not remain under any fatal Error in respect of a greater Judicature, by reflecting
with less Horror and Remorse on the Guilt you have
contracted than it really deserves.
"It is alledged by some of your Lordships, "That
you engaged in this Rebellion without previous Concert or Deliberation, and without suitable Preparations of Men, Horses, and Arms."
"If this should be supposed true, on some of your
Lordships averring it; I desire you to consider, that,
as it exempts you from the Circumstance of contriving this Treason, so it very much aggravates
your Guilt in that Part you have undoubtedly borne
in the Execution of it.
"For it shews, that your Inclinations to rebel were
so well known (which could only be from a continued Series of your Words and Actions), that the
Contrivers of that horrid Design depended upon
you, and therein judged rightly: That your Zeal to
engage in this Treason was so strong, as to carry you
into it on the least Warning, and the very First Invitation: That you would not excuse yourselves by
Want of Preparation, as you might have done; and
that, rather than not have a Share in the Rebellion,
you would plunge yourselves into it almost naked,
and unprovided for such an Enterprize: In short,
that your Men, Horses, and Arms, were not so well
prepared, as they might and would have been on
longer Warning; but your Minds were.
"It is alledged also, as an Extenuation of your
Crime, "That no cruel or harsh Action (I suppose is
meant no Rapine or Plunder, or worse) has been
committed by you."
"This may in Part only be true: But then your
Lordships will at the same Time consider, that the
laying waste a Tract of Land bears but a little Proportion, in Point of Guilt, compared with that Crime
of which you stand convicted; an open Attempt to
destroy the best of Kings, to ruin the whole Fabric, and raze the very Foundations of a Government the best suited of any in the World to perfect the Happiness and support the Dignity of human Nature: The former Offence causes but a
Mischief that is soon recovered, and is usually pretty
much confined; the latter, had it succeeded, must
have brought a lasting and universal Destruction on
the whole Kingdom.
"Besides, much of this was owing to Accident: Your
March was so hasty, partly to avoid the King's
Troops, and partly from a vain Hope to stir up Insurrections in all the Counties you passed through,
that you had not Time to spread Devastations, without deviating from your main and, as I have observed, much worse Design.
"Farther, it is very surprizing, that any concerned
in this Rebellion should lay their engaging in it on
the Government's doing a necessary and usual Act, in
like Cases, for its Preservation; the giving Orders
to confine such as were most likely to join in that
Treason: 'Tis hard to believe that any one should
rebel, merely to avoid being restrained from rebelling; or that a gentle Confinement would not much
better have suited a crazy State of Health, than the
Fatigues and Inconveniencies of such long and hasty
Marches in the Depth of Winter.
"Your Lordships rising in Arms therefore has much
more justified the Prudence and Fitness of those
Orders, than those Orders will in any Wise serve to
mitigate your Treason: Alas! happy had it been for
all your Lordships, had you fallen under so indulgent a Restraint.
"When your Lordships shall in good Earnest apply
yourselves to think impartially on your Case; surely
you will not yourselves believe that it is possible, in
the Nature of the Thing, to be engaged, and continue
so long engaged, in such a difficult and laborious
Enterprize, through Rashness, Surprize, or Inadvertency; or that, had the Attack at Preston been less
sudden (and consequently the Rebels better prepared
to receive it), your Lordships had been reduced the
sooner, and with less, if not without any, Bloodshed.
"No, my Lords, these and such like are artful
Colourings, proceeding from Minds filled with Expectation of continuing in this World; and not from
such as are preparing for their Defence before a
Tribunal, where the Thoughts of the Heart, and
the true Springs and Causes of Actions, must be
"And now, my Lords, having thus removed some
false Colours you have used; to assist you yet farther in that necessary Work of thinking on your
great Offence as you ought, I proceed to touch upon
several Circumstances, that seem greatly to aggravate
your Crime, and which will deserve your most serious
"The Divine Virtues ('tis one of your Lordships
own Epithets), which all the World, as well as your
Lordships, acknowledge to be in His Majesty, and
which you now lay Claim to, ought certainly to have
withheld your Hands from endeavouring to depose,
to destroy, to murder, that most Excellent Prince; so
the Impeachment speaks, and so the Law construes
your Actions; and this is not only true in the Notion
of Law, but almost always so in Deed and Reality.
It is a trite, but very true Remark, that there are
but few Hours between Kings being reduced under
the Power of Pretenders to their Crown and their
Graves: Had you succeeded, His Majesty's Case
would, I fear, have hardly been an Exception to that
general Rule; since it is highly improbable that
Flight should have saved any of that illustrious and
"It is a farther Aggravation of your Crime, that
His Majesty, whom your Lordships would have dethroned, affected not the Crown by Force, or by the
Arts of Ambition; but succeeded peaceably and legally to it; and, on the Decease of Her late Majesty
without Issue, became undoubtedly the next in Course
of Descent, capable of succeeding to the Crown, by
the Law and Constitution of this Kingdom, as it
stood declared some Years before the Crown was expressly limited to the House of Hanover: This
Right was acknowledged, and the Descent of the
Crown limited or confirmed accordingly, by the
whole Legislature in Two successive Reigns; and
more than once in the latter, which your Lordships
Accomplices are very far from allowing would byass
the Nation to that Side.
"How could it then enter into the Heart of Men to
think, that private Persons might with a good Conscience endeavour to subvert such a Settlement, by
running to tumultuary Arms, and by intoxicating the
Dregs of the People with contradictory Opinions and
groundless Slanders; or that God's Providence would
ever prosper such wicked, such ruinous, Attempts?
"Especially if in the next Place it be considered,
that the most fertile Inventions on the Side of the
Rebellion have not been able to assign the least Shadow
of a Grievance as the Cause of it: To such poor
Shifts have they been reduced on this Head, that, for
Want of better Colours; it has been objected, in a
solemn Manner, by your Lordships Associates, to His
Majesty's Government, "That His People do not enjoy
the Fruits of Peace, as our Neighbours have done,
since the last War:" Thus they first rob us of our
Peace, and then upbraid us that we have it not.
It is a monstrous Rebellion, that can find no Fault with
the Government it invades, but what is the Effect of
the Rebellion itself.
"Your Lordships will likewise do well to consider
what an additional Burthen your Treason has made
necessary on the People of this Kingdom, who wanted,
and were about to enjoy, some Respite: To this End,
it is well known, that all new or Increase of Taxes
were the last Year carefully avoided; and His Majesty was contented to have no more Forces than
were just sufficient to attend His Person, and shut the
Gates of a few Garrisons.
"But what His Majesty thus did for the Ease and Quiet
of His People, you most ungratefully turned to His
Disadvantage, by taking Encouragement from thence,
to endanger His and His Kingdom's Safety, and to
bring Oppression on your Fellow-subjects.
"Your Lordships observe, I avoid expatiating on the
Miseries of a Civil War, a very large and copious
Subject: I shall but barely suggest to you on that
Head, that whatever those Calamities may happen to
be in the present Case, all who are at any Time, or
in any Place, Partakers in the Rebellion (especially
Persons of Figure and Distinction), are in some Degree responsible for them; and therefore your Lordships must not hold yourselves quite clear from the
Guilt of those Barbarities which have been lately
committed by such as are engaged in the same Treason with you, and not yet perfectly reduced, in burning the Habitations of their Countrymen, and thereby
exposing many Thousands to Cold and Hunger in this
"I must be so just to such of your Lordships as
profess the Religion of the Church of Rome, that you
had One Temptation, and that a great one, to engage you in this Treason, which the others had not;
in that it was evident, Success on your Part must for
ever have established Popery in this Kingdom, and
that probably you could never have again so fair an
"But then, good God! how must those Protestants
be covered with Confusion, who entered into the same
Measures without so much as capitulating for their
Religion (that ever I could find from any Examination I have seen or heard); or so much as requiring, much less obtaining, a frail Promise, that it
should be preserved, or even tolerated.
"It is my Duty to exhort your Lordships, thus 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; but
that your Lordships would be assisted by some of
those pious and learned Divines of the Church of
England, who have constantly bore 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 in 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
Judgement pronounced against them.
"That you, James Earl of Derwentwater, William
Lord Widdrington, William Earl of Nithisdale, Robert Earl of Carnwath, 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
Then the Lord High Steward declaring, "That
there was nothing more to be done by Virtue of the
He stood up uncovered, and broke the Staff, and
declared it dissolved.
Then the House was adjourned to the House above;
and the Lords and others returned in the same Order
they went down.
And the House being resumed;
The following Order was made:
Thanks to the Ld. High Steward for his Speech: and the Proceedings to be published.
"Ordered, That the Thanks of this House be, and
are hereby, given to the Lord High Steward, for the
Speech made by him this Day in Westminster Hall, at
the Time he pronounced the Judgement of this
House upon the Six Lords who had pleaded guilty
to the Impeachment of High Treason exhibited by
the House of Commons against them: And further,
that the Lord High Chancellor do cause the said
Speech to be forthwith printed and published; as also
that the whole Proceedings on the said Impeachment
be printed and published; and that the said Speech
made by the Lord High Steward be entered in the
Journal of this House."
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
decimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
Die Jovis, 10 Maii, 1716,
hitherto examined by us,