FOOTNOTES:

[316] Wood's Peerage.

[317] Who, adds the same authority, carried azure, a fess chequé, argent

and gules: and for their crest, a hand issuing out of a wreath, pointing

with the thumb and two fingers: motto, _confido_; supporters, two

squirrels collared or.

[318] Reay, 203.

[319] Reay, 203.

[320] Wood's Peerage. The defect of the title is the failure of issue

male. The title of Livingstone was considered by the same authority as

untouched.

[321] Ibid.

[322] Lockhart Papers, i. 138. Note. Calendar.

[323] Memoirs of Lord Kilmarnock. London, 1746, p. 19.

[324] Memoirs of the Earl of Kilmarnock, p. 20.

[325] MS. Letter presented to me by Mrs. Howison Craufurd, of

Craufurdland Castle, Ayrshire.

[326] Memoirs of Lord Kilmarnock, p. 21.

[327] Horace Walpole's Letters, ii. p. 113.

[328] Foster's Account, p. 11.

[329] Grose, 214.

[330] Memoirs of Lord Kilmarnock, p. 23.

[331] Life of Colonel Gardiner, by Dr. Doddridge, _passim_.

[332] Doddridge. Life of Colonel Gardiner, p. 155.

[333] Henderson, p. 130.

[334] State Trials of George II.

[335] Maxwell, p. 60.

[336] Forbes's Account, p. 20.

[337] Maxwell, p. 50. This Nobleman was at the battle of Culloden.

[338] Henderson, p. 332.

[339] Henderson, p. 130.

[340] Note in Chambers, p. 89.

[341] History of the Rebellion, from the Scots' Magazine, p. 198.

[342] Chambers, p. 89. Henderson, p. 334.

[343] Observations on the Account of the Behaviour of Lords Kilmarnock

and Balmerino, 1746.

[344] Ibid.

[345] Nesbitt, Heraldry, vol. i. p. 154.

[346] "Elphingstone, in the shire of Hadington, and in the parish of

Tranent, a village at the distance of three miles S.S.W. from

Tranent."--Edinburgh Gazetteer.

[347] Nesbitt, p. 154.

[348] Memoirs of Lord Balmerino. London, 1764.

[349] Wood's Peerage.

[350] Life of Lord Balmerino, p. 51. Buchan's Account of the Earls of

Keith, p. 149.

[351] Scots' Magazine for 1746.

[352] Scots' Magazine for 1746.

[353] Georgian Era.

[354] Wood's Peerage.

[355] Maxwell, p. 59.

[356] Georgian Era.

[357] State Trials, vol. xviii.

[358] Edinburgh Gazetteer. Art. "South Leith."

[359] History of the Rebellion from the Scots' Magazine, p. 302.

[360] Horace Walpole's Letters to Sir Horace Mann, vol. ii. p. 160.

[361] Georgian Era.

[362] Ibid.

[363] State Trials, vol. xviii. p. 466.

[364] Observations on the Account, &c., p. 23.

[365] Horace Walpole, vol. ii. p. 163

[366] Ibid. vol. ii. p. 115.

[367] Horace Walpole.

[368] See Scots' Magazine for 1746.

[369] State Trials.

[370] State Trials.

[371] Note. The plea was couched in these words: "July 29th, 1746. It is

conceived that the late Act of Parliament, empowering his Majesty to

transport such as are taken in arms from one county to another, where

they may be tried by the course of the common law, did not take place

till after that time, that the facts implying treason, were actually

committed by the accused prisoners, and if so, the Grand Jury of Surrey,

or of any other county whatsoever, where these acts of treason are not

alleged to have been committed, could not, agreeable to law, find bills

against such prisoners; and it may, on that score, be prayed, That the

indictment be quashed, or that an arrest of judgment be thereupon

granted." What a bitter, though unavailing feeling of regret accompanies

the reflection that this benevolent attempt to save the lives of these

brave men, was fruitless.

[372] Letters to Sir H. Mann, vol. ii. p. 167.

[373] State Trials 18, p. 502.

[374] H. Walpole, p. 31. Letters to G. Montagu.

[375] Walpole's Letters to Montagu, p. 29. Folio.

[376] Letters to Sir H. Mann, vol. ii. p. 167.

[377] State Trials, by Hargreaves, pp. 18, 502.

[378] Memoirs of the Earl of Kilmarnock and Cromartie, and of Lord

Balmerino, 1746.

[379] Life of Lord Cromartie, 1746.

[380] Buchan's Memoirs of the House of Keith, p. 143.

[381] Walpole's Letters to Sir H. Mann, vol. ii. p. 171.

[382] Foster's Account, p. 87.

[383] For a copy of this letter I am indebted to the kindness of Mrs.

Craufurd of Craufurdland Castle, Kilmarnock. The original is in the

possession of Martin Paterson, Esq. of Kilmarnock, and is endorsed "Copy

of the last Instructions of Lord Kilmarnock to his factor, Mr. Robert

Paterson."

[384] Statement.

[385] Statement.

[386] Mrs. Howison Craufurd, the lady of William Howison Craufurd, Esq.,

of Craufurdland Castle, Ayrshire. To this Lady I am indebted for much of

the information (afforded by her admirable letters) which has been

introduced into this Memoir of Lord Kilmarnock. To this lady I addressed

an inquiry respecting an original portrait of Lord Kilmarnock. Her

efforts to obtain any intelligence of one have been wholly unavailing;

and we have been led to the conclusion that, in the fire at Dean Castle,

all the portraits of Lord Kilmarnock must have been destroyed; his

resemblance, his name, his honour, and his Castle thus becoming extinct

at once. At Craufurdland Castle there is a fine portrait of Lord

Kilmarnock's brother, his widow and daughter, painted in oils, after a

singular fashion, black and white; giving it a ghastly hue. This perhaps

accounts for the local tradition near Kilmarnock, "that on hearing of

his brother's death, Mr. Boyd's colour fled, and never returned; nor was

he ever seen to smile again." A tradition not difficult of belief.

The present Mr. Craufurd, of Craufurdland Castle, represents also the

family of Howison of Bræ-head. In Mrs. Howison Craufurd's family an

amusing circumstance relative to Lord Lovat occurred. He was one evening

in a ball-room, and was paying court to the great-grandmother of that

lady. As he was playfully examining, and holding in his hand her diamond

solitaire, a voice whispered in his ear, "that Government officers were

in pursuit of him; and that he must decamp." Decamp he did, taking with

him, _perhaps_ by accident, the costly jewel. The young lady was in the

greatest trepidation, and her family were resolved to recover the

ornament. Many years after, on his return from France, Lovat, whose

character, in _no_ respect, rose above suspicion, was taxed with the

robbery, and refunded a sum which gave twenty pounds to each of a host

of granddaughters, then in their girlhood.

[387] In a letter from Mrs. Craufurd of Craufurdland to the author, this

fact is stated. It is mentioned as traditionary elsewhere, but is

attested by the family.

[388] H. Walpole, vol. ii. p. 167.

[389] H. Walpole's Letters to Mr. Montagu.

[390] Foster's Account, p. 31.

[391] Walpole.

[392] Ford's Account in State Trials, p. 18, 522.

[393] For the original of Lord Balmerino's real speech, which is highly

characteristic of its author, I am indebted to Charles Kirkpatrick

Sharpe, Esq.

"I was brought up in true, loyal, and anti-revolution principles and

I hope the world is convinced that they stuck to me. I must

acknowledge I did a very inconsiderate thing, for which I am

heartily sorry, in accepting a company of Foot from the Princess

Anne, who I know had no more right to the Crown than her predecessor

the Prince of Orange.... To make amends for what I had done I joined

the ... (Pretender) when he was in Scotland in 1715, and when all

was over I made my escape, and lived abroad till the year 1734.

"In the beginning of that year I got a letter from my father which

very much surprised me; it was to let me know he had a promise of a

remission for me. I did not know what to do; I was then, (I think,)

in the canton of Berne, and had nobody to advise with: but next

morning I wrote a letter to the ... (Pretender) who was then at

Rome, to acquaint the ... (Pretender) that this was come without my

asking or knowledge, and that I would not accept of it without his

consent. I had in answer to mine, a letter written with ... (The

Pretender's) own hand, allowing me to go home; and he told me his

banker would give me money for my travelling charges when I came to

Paris, which accordingly I got. When the ... (the Pretender's son)

came to Edinburgh I joined him, though I might easily have excused

myself from taking arms on account of my age; but I never could have

had peace of conscience if I had stayed at home.... I am at a loss

when I come to speak of the ... (Pretender's son,) I am not a fit

hand to draw his character, I shall leave that to others. (Here he

gives a fulsome character of the Pretender's son.)

"Pardon me if I say, wherever I had the command, I never suffered

any disorders to be committed, as will appear by the Duke of

Buccleugh's servants at East Park; by the Earl of Findlater's

minister, Mr. Lato, and my Lord's servant, A. Cullen; by Mr. Rose,

minister at Nairn, (who was pleased to favour me with a visit when I

was prisoner at Inverness;) by Mr. Stewart, principal servant to the

Lord President at the House of Culloden; and by several other

people. All this gives me great pleasure, now that I am looking upon

the block on which I am ready to lay down my head; and though it

would not have been my own natural inclination to protect everybody,

it would have been my interest to have done it for ... (the

Pretender's son) abhorred all those who were capable of doing

injustice to any.... I have heard since I came to this place, that

there has been a most wicked report spread, and mentioned in several

of the newspapers that ... (the Pretender's son) before the battle

of Culloden, had given out orders that no quarter should be given to

the enemy. This is such an unchristian thing, and so unlike ... (the

Pretender's son,) that nobody (the Jacobites) that knows him will

believe it. It is very strange if there had been any such orders,

that neither the Earl of Kilmarnock, who was Colonel of the regiment

of the Foot Guards, nor I, who was Colonel of the second troop of

Life Guards, should ever have heard anything of it; especially since

we were both at the head-quarters the morning before the battle; I

am convinced that it is a malicious report industriously spread

to....

"Ever since my confinement in the Tower, when Major White or Mr.

Fowler did me the honour of a visit, their behaviour was always so

kind and obliging to me that I cannot find words to express it; but

I am sorry I cannot say the same thing of a General Williamson: he

has treated me barbarously, but not quite so ill as he did the

Bishop of Rochester; and had it not been for a worthy clergyman's

advice, I should have prayed for him in the words of David, Psalm

109, from the 6th to the 15th verse. I forgive him and all my

enemies. I hope you will have the charity to believe I die in peace

with all men; for yesterday, I received the Holy Eucharist from the

hands of a clergyman of the Church of England, in whose communion I

die as in union with the Episcopal Church of Scotland.

"I shall conclude with a short prayer."--(Here a prayer is mentioned

much the same as in Wm. Ford's account.)

[394] The account which I have given of Lord Kilmarnock's behaviour and

fate, and also of Lord Balmerino's, is taken from the following works,

to which I have not thought it necessary separately to refer. Foster's

Account of the Behaviour of Lord Kilmarnock; and the Vindication of

Foster's Account from the misrepresentations of some Dissenting

Teachers: London, 1746. Account by T. Ford, Under-Sheriff at the

Execution, in the State Trials, vol. xviii. p. 325. Horace Walpole's

Letters to Geo. Montagu, and to Sir H. Mann. Scots' Magazine for 1746;

and Buchan's Life of Marshal Keith; also a Collection of Tracts in the

British Museum, relating to the Rebellion, 1746, and chiefly published

during that year.

[395] For both these letters, hitherto unpublished, I am indebted for

the courtesy of Mrs. Craufurd of Craufurdland Castle.

[396] Forbes's Life of Beattie, vol. ii. p. 351.

[397] Journey to the Hebrides, p. 108

[398] Bayley's History of the Tower, p. 122.

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