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MEMOIRS

OF

THE JACOBITES

OF 1715 AND 1745.

BY MRS. THOMSON,

AUTHOR OF

"MEMOIRS OF THE COURT OF HENRY THE EIGHTH,"

"MEMOIRS OF SARAH, DUCHESS OF MARLBOROUGH," ETC.

VOLUME II.

LONDON:

RICHARD BENTLEY, NEW BURLINGTON STREET,

Publisher in Ordinary to Her Majesty.

1845.

LONDON:

Printed by S. & J. BENTLEY, WILSON, and FLEY,

Bangor House, Shoe Lane.

CONTENTS

TO

THE SECOND VOLUME.

PAGE

WILLIAM MAXWELL, EARL OF NITHISDALE

(with a Portrait of the Countess of Nithisdale) 1

WILLIAM GORDON, VISCOUNT KENMURE 71

WILLIAM MURRAY, MARQUIS OF TULLIBARDINE 92

SIR JOHN MACLEAN 124

ROB ROY MACGREGOR CAMPBELL 155

SIMON FRASER, LORD LOVAT (with a Portrait) 208

MEMOIRS OF THE JACOBITES.

WILLIAM MAXWELL, EARL OF NITHISDALE.

It is happily remarked by the editor of the Culloden Papers, with regard

to the devotion of many of the Highland clans to the exiled family of

Stuart, that "it cannot be a subject requiring vindication; nor," adds

the writer, "if it raise a glow on the face of their descendants, is it

likely to be the blush of shame." The descendants of William Maxwell,

Earl of Nithisdale, have reason to remember, with a proud interest, the

determined and heroic affection which rescued their ancestor from

prison, no less than the courage and fidelity which involved their chief

in a perilous undertaking, and in a miserable captivity.

The first of that ancient race, who derived their surname from the

Lordship of Maxwell, in the county of Dumfries, was Robert de Maxwell of

Carlaverock, who, in 1314, was killed at the battle of Bannockburn,

fighting under the banners of King James the Third. From that period

until the seventeenth century, the house of Maxwell continued to enjoy

signal proofs of royal favour; it was employed in important services and

on high missions, extending its power and increasing its possessions by

intermarriages with the richest and noblest families in Scotland. An

enumeration of the honours and privileges enjoyed by this valiant race

will show in how remarkable a degree it was favoured by the Stuarts, and

how various and how forcible were the reasons which bound it to serve

that generous and beloved race of Scottish monarchs.

Herbert, who succeeded John de Maxwell, was one of the Commissioners

sent by Alexander the Second to England, to treat for a marriage with

one of the daughters of that crown; and, having concluded the

negotiation favourably, was endowed with the office of Lord Great

Chamberlain of Scotland, which he held during his life-time, and which

was afterwards bestowed on his son.

Eustace de Maxwell, in the time of Robert de Bruce, was among those

patriots who adhered to the Scottish King. The Castle of Carlaverock,

one of the most ancient possessions of the brave Maxwells, stands a

memento, in its noble ruins, of the disinterested loyalty of its owners.

The remains of Carlaverock afford but a slight notion of its former

strength. The importance of its situation is, however, undoubted.

Situated on the south borders of the Nith, near to Glencapel Quay, it

constituted a stronghold for the Scottish noble, who scarcely feared a

siege within its walls, and when the army of Edward advanced to invest

it, refused to surrender; "for the fortress was well furnished," says

Grose, "with soldiers, engines, and provisions."

But this defiance was vain; after sustaining an assault, Carlaverock was

obliged to capitulate; when the generosity of Edward's measures excited

the admiration of all humane minds. The troops, only sixty in number,

were taken into the King's service, as a token of his approval of their

brave defence; they were then released, ransom free, and received each a

new garment, as a gift from the King.

Carlaverock was, some time after, retaken by the Scotch, and Sir Eustace

de Maxwell resumed his command over the garrison. It was again invested

by King Edward; but, on this occasion, Eustace drove the English from

the attack, and retained possession of the fortress.

Afterwards, of his own free will, he demolished the fortress, that no

possession of his might favour the progress of the enemy. He was

rewarded by several grants of lands, and twenty-two pounds in money.

In the fifteenth century, Herbert de Maxwell marrying a daughter of the

Maxwells of Terregles (Terre Eglise), the son of that marriage was

ennobled, and was dignified by the title of Lord de Maxwell. His

successor perished at Flodden, but the grandson of the first Lord had a

happier fortune, and was entrusted by James the Fifth to bring over

Mary of Guise to Scotland, first marrying her as the King's proxy.

The house of Maxwell prospered until the reign of James the Sixth; by

whom John, Lord Maxwell, was created Earl of Morton, and made Warden of

the Marches: but a reverse of fortune ensued. From some court intrigue,

the Warden was removed from office, and his place supplied by the Laird

of Johnstones; all the blood of the Maxwells was aroused; a quarrel and

a combat were the result; and, in the scuffle, the new-made Earl of

Morton was killed. The injury was not forgotten, and John, who succeeded

the murdered man, deemed it incumbent upon him to avenge his father. In

consequence, the Laird of Johnstone soon fell a sacrifice to this notion

of honour, or outbreak of offended pride. The crime was not, however,

passed over by law; the offender was tried, and executed, in 1613, at

the Cross in Edinburgh; and his honours were forfeited. But again the

favour of the Stuarts shone forth; the title of Morton was not restored,

but Robert, the brother of the last Earl of Morton, was created Earl of

Nithisdale, and restored to the Lordship of Maxwell; with precedency, as

Earl, according to his father's creation as Earl of Morton.

This kindness was requited by a devoted loyalty; and, in the reign of

Charles the First, the Earl of Nithisdale suffered much, both by

sequestration and imprisonment, for the royal cause.

In 1647, in consequence of failure of the direct line, the title and

estates of the Nithisdale family devolved on a kinsman, John Lord

Herries, whose grandson, William, the subject of this memoir, proved to

be the last of the Maxwell family that has ever enjoyed the Earldom.

He was served heir male, and of line male and entail of his father, on

the twenty-sixth of May, 1696; and heir male of his grandfather, the

Earl of Nithisdale, on the sixteenth of the same month.[1] At his

accession to his title, the Earl of Nithisdale possessed no common

advantages of fortune and station. "He was allied," says the Scottish

Peerage, "to most of the noble families in the two kingdoms." His

mother, the Lady Lucy, was daughter to the Marquis of Douglas; his only

sister, Lady Mary Maxwell, was married to Charles Stewart, Earl of

Traquair; and he had himself wedded a descendant of that noble and brave

Marquis of Worcester who had defended Ragland Castle against Fairfax.

In addition to these family honours, Lord Nithisdale possessed rich

patrimonial estates in one of the most fertile and luxuriant counties in

Scotland. The Valley of the Nith, from which he derived his title, owned

his lordship over some of its fairest scenes. Young, rich, and happily

married, he was in the full sunshine of prosperity when, in the year

1715, he was called upon to prove the sincerity of that fidelity to the

house of Stuart for which his family had so greatly suffered, and for

which it had been so liberally repaid.

It is remarkable that the adventurers in the unfortunate cause of the

Chevalier St. George were, with rare exceptions, men of established

credit, men who had vast stakes in their country, and who had lost no

portion of their due consideration in the eyes of others by extravagance

or profligacy. This fact marks the insurrection of 1715, as presenting a

very different aspect to that of other insurrections raised by faction,

and supported by men of desperate fortunes. So early as the year 1707,

it appears by Colonel Hooke's secret negotiations in favour of the

Stuarts, that the bulk of the Scottish nobility had their hearts engaged

in the cause, and that their honour was pledged to come forward on the

first occasion. In the enumeration given by one of the agents employed

in traversing the country, Lord Nithisdale and his relatives are

mentioned as certain and potent allies. "In Tweedale," writes Mr.

Fleming to the Minister of Louis the Fourteenth, "the Earl of Traquair,

of the house of Stuart, and the Laird of Stanhope are powerful. In the

shires of Annandale, Niddesdale, and Galloway, are the Earl of

Niddesdale, with the Viscount of Kenmure, the Laird of Spinkell, with

the numerous clan of the Maxwells; and there is some hope also of the

Earl of Galloway; Thus the King's party is connected through the whole

kingdom, and we are certain of being masters of all the shires, except

Argyleshire, Clydesdale, Renfrew, Dumbarton, and Kyle."[2] "An affair

of this nature," adds Mr. Fleming, "cannot be communicated to all the

well affected; and it is a great proof of the zeal of those to whom it

is trusted, that so many people have been able to keep this secret so

inviolably." Such was the commencement of that compact which, held

together by the word of Scotchmen, was in few instances broken; but was

maintained with as scrupulous a regard to honour and fidelity by the

poorest Highlander that ever trod down the heather, as by the great

nobleman within his castle hall.

Among the list of the most considerable chiefs in Scotland, with an

account of their disposition for or against the Government, the Earl of

Nithisdale is specified by contemporary writers as one who is able to

raise three hundred men, and willing to employ that force in the service

of the Pretender.[3]

In the resolution to carry the aid of his clansmen to the service of

either side, the chieftain of that day was powerfully assisted by the

blind devotion of the brave and faithful people whom he led to battle.

Unhappily, the influence of the chief was often arbitrarily, and even

cruelly exerted, in cases of doubtful willingness in their followers.

It will be interesting to scrutinize the motives and characters of those

who occupied the chief posts in command, upon the formation of this

Southern party in favour of the Chevalier. Although some of these

chiefs have obtained celebrity in history, yet their efforts were

sincere; their notions of patriotism, be they just, or be they

erroneous, deserve a rescue from oblivion; their sufferings, and the

heroism with which they were encountered, show to what an extent the

fixed principle to which the Scotch are said ever to recur, will carry

the exertions, and support the fortitude, of that enduring and

determined people.

To William Gordon, Viscount Kenmure and Baron of Lochinvar, was

entrusted, in a commission from the Earl of Mar, the command of the

insurgents in the south of Scotland. This choice of a General displayed

the usual want of discernment which characterized the leaders of the

Rebellion of 1715. Grave, and as a contemporary describes him, "full

aged;" of extraordinary knowledge in public affairs, but a total

stranger to all military matters; calm, but slow in judgment; of

unsullied integrity,--endowed, in short, with qualities truly

respectable, but devoid of energy, boldness, and address, yet wanting

not personal courage, there could scarcely have been found a more

excellent man, nor a more feeble commander. At the head of a troop of

gentlemen, full of ardour in the cause, the plain dress and homely

manners of Lord Kenmure seemed inappropriate to the conspicuous station

which he held; for the exercise of his functions as commander was

attended by some circumstances which required a great combination of

worldly knowledge with singleness of purpose.

George Seaton, the fifth Earl of Wintoun, was another of those noblemen

who raised a troop of horse, and engaged, from the very first

commencement of the rebellion, in its turmoils. The family of Seaton, of

which the Earl of Wintoun was the last in the direct line, "affords in

its general characteristics," says a celebrated Scottish genealogist,

"the best specimen of our ancient nobility. They seem to have been the

first to have introduced the refined arts, and an improved state of

architecture in Scotland. They were consistent in their principles, and,

upon the whole, as remarkable for their deportment and baronial

respectability, as for their descent and noble alliances."[4]

In consequence of so many great families having sprung from the Seatons,

they were styled "_Magnæ Nobilitatis Domini_;" and their antiquity was

as remarkable as their alliances, the male representation of the family,

and the right to the honours which they bore, having been transmitted to

the present Earl of Eglintoun, through an unbroken descent of seven

centuries and a half.

The loyalty of the Seatons was untainted. The first Earl of Wintoun had

adopted as one of his mottoes, "_Intaminatis fulget honoribus_," and the

sense of those words was fully borne out by the testimony of time. The

Seatoun Charter Chest contained, as one of their race remarked, no

remission of any offence against Government, a fact which could not be

affirmed of any other Scottish family of note. But this brave and

ancient house had signal reason for remaining hitherto devoted to the

monarchs of the Scottish throne.

Four times had the Seatons been allied with royalty: two instances were

remarkable. George Seatoun, second Earl of Huntly, married the Princess

Annabella, daughter of James the First, and from that union numerous

descendants of Scottish nobility exist to this day: and George, the

third Lord Seaton, again allied his house with that of Stuart, by

marrying the Lady Margaret Stuart, daughter of the Earl of Buchan, and

granddaughter of Robert the Second. In consequence of these several

intermarriages, it was proverbially said of the house of Seaton, "the

family is come of princes, and reciprocally princes are come of the

family." And these bonds of relationship were cemented by services

performed and honours conferred. The devotion of the Seatons to Mary,

Queen of Scots, has been immortalised by the pen of Sir Walter Scott.

George, the seventh Lord Seaton, attended on that unhappy Princess in

some of the most brilliant scenes of her eventful life, and clung to her

in every vicissitude of her fate. He, as Ambassador to France,

negotiated her marriage with the Dauphin, and was present at the

celebration of the nuptials. He afterwards aided his royal mistress to

escape from Lochleven Castle, in 1568, and conducted her to Niddry

Castle, his own seat. When, in gratitude for his fidelity, Mary would

have created him an Earl, Lord Seaton declined the honour, and

preferred his existing rank as Premier Baron of Scotland. Mary

celebrated his determination in a couplet, written both in French and in

Latin:

"Il y a des comtes, des rois, des ducs aussi,

Ce't assez pour moy d'estre Signeur de Seton."

The successor of Lord Seaton, Robert, judged differently from his

father, and accepted from James the Sixth the patent for the Earldom of

Wintoun; distinguishing the new honour by a courage which procured for

him the appellation of "Greysteel."[5]

George, the fifth Earl of Wintoun, and the unfortunate adherent to the

Jacobite cause, succeeded to the honours of his ancestors under

circumstances peculiarly embarrassing. His legitimacy was doubted: at

the time when his father died, this ill-fated young man was abroad, his

residence was obscure; and as he held no correspondence with any of his

relations, little was known with regard to his personal character. In

consequence partly of his absence from Scotland, partly, it is said, of

an actual hereditary tendency, a belief soon prevailed that he was

insane, or rather, as a contemporary expresses it, "mighty subject to a

particular kind of caprice natural to his family."[6]

The Viscount Kingston, next heir to the title of Wintoun, having

expressed his objections to Lord Wintoun's legitimacy, the young man, in

1710, took steps to establish himself as his father's heir. Two

witnesses were produced who were present at the marriage of his

parents, and bonds were found in the family chests, designating Lord

Wintoun as "our eldest lawful son," by Dame Christian Hepburn Countess

of Wintoun, "our spouse." This important point being established, Lord

Wintoun served himself heir to his father and became the possessor of

the family estates, chiefly situated in East Lothian, their principal

residence being the palace of Seaton, so recognized in the royal

charters, from its having been the favourite resort of royalty, the

scene of entertainment to Mary of Scots, and her court, and the

residence of Charles the First, when in Scotland in 1633. It was

afterwards the place of meeting for the Jacobite nobles, and their

adherents.[7]

Differing from many of his companions in arms, Lord Wintoun was a

zealous Protestant; but without any regard to the supremacy of either

mode of faith, it appears to have been a natural consequence of his

birth and early associations that he should cling to the house of the

Stuarts. One would almost have applied to the young nobleman the term

"recreant," had he wavered when the descendant of Mary Stuart claimed

his services. But such a course was far from his inclination. It was

afterwards deemed expedient by his friends to plead for him on the

ground of natural weakness of intellect; "but," says a contemporary,

"Lord Wintoun wants no courage, nor so much capacity as his friends find

it for his interest to suggest."[8] He was forward in action, and

stimulated the military ardour of his followers, as they rushed with

their ancient cry of "Set-on" to the combat. The earliest motto borne on

these arms by the Seatons, "Hazard, yet forward," might indeed be

mournfully applied to all who engaged in the hopeless Rebellion of 1715.

Lord Wintoun, like Lord Derwentwater, was in the bloom of his youth when

he summoned his tenantry to follow him to the rendezvous appointed by

Lord Kenmure. He took with him three hundred men to the standard of

James Stuart; but he appears to have carried with him a fiery and

determined temper,--the accompaniment, perhaps, of noble qualities, but

a dangerous attribute in times of difficulty.

Robert Dalzell, sixth Earl of Carnwath, was another of those Scottish

noblemen whose adherence to the Stuarts can only be regarded as a

natural consequence of their birth and education. The origin of his

family, which was of great antiquity in the county of Lanark, but had

been transplanted into Nithisdale, is referred to in the following

anecdote. In the reign of Kenneth the Second, a kinsman of the King

having been taken and hung by the Picts, a great reward was offered by

Kenneth, if any one would rescue and restore the corpse of his relation.

The enterprise was so hazardous, that no one would venture on so great a

risk. "At last," so runs the tale, "a certain gentleman came to the

King, and said, 'Dalziel,' which is the old Scottish word for 'I dare.'

He performed his engagement, and won for himself and his posterity the

name which he had verified, and an armorial bearing corresponding to the

action."

To James the First and to Charles the First the Dalziels owed their

honours, and had the usual fortune of paying dearly for them, during the

Great Rebellion, by sequestration, and by the imprisonment of Robert,

first Earl of Carnwath, after the battle of Worcester, whither he

attended Charles the Second. Undaunted by the adversities which his

house had formerly endured, Robert Dalzell, of Glenæ, sixth Earl of

Carnwath, again came forward in 1715 to maintain the principles in which

he had been nurtured, and to assist the family for whom his ancestors

had suffered. During his childhood, the tutor of this nobleman had made

it his chief care to instil into his mind the doctrine of hereditary

right, and its consequent, passive obedience and non-resistance. At the

University of Cambridge, young Dalzell had imbibed an affection for the

liturgy and discipline of the Church of England; whilst his attainments

had kept pace with the qualities of his heart, and the graces of his

deportment. He was, in truth, a young man of fair promise, and one whose

fate excited great interest, when a sombre tranquillity had succeeded to

the turbulence of rebellion. Gentle in his address, affable,

kind-hearted, Lord Carnwath had a natural and ready wit, and a great

command of language, to which his English education had doubtless

contributed. He was related by a former marriage between the families to

the Earl of Wintoun, whose troop was commanded by Captain James Dalzell,

the brother of Lord Carnwath. This young officer had served in the army

of George the First, but he threw up his commission at the beginning of

the Rebellion,--a circumstance which saved him from being shot at

Preston as a deserter.[9]

Robert Balfour, fifth Earl of Burleigh, was among the chiefs who,

shortly after the outbreak, avowed their adherence to the Pretender's

party. He was one of the few Jacobites whose personal character has

reflected discredit upon his motives, and disgraced his compeers: his

story has the air of romance, but is perfectly reconcilable with the

spirit of the times in which Lord Burleigh figured.

When a very young man he became attached to a girl of low rank, and was

sent abroad by his friends in hopes of removing his attachment. Before

he quitted Scotland, he swore, however, that if the young woman married

in his absence, he would kill her husband. Upon returning home, he found

that the unfortunate object of his affections had been united to Henry

Stenhouse, the schoolmaster at Inverkeithing. The threat had not been

uttered without a deep meaning: young Balfour kept his word, and

hastening to the school where Stenhouse was pursuing his usual duties,

he stabbed him in the midst of his scholars. The victim of this

murderous attack died twelve days afterwards.

Nearly eight years had elapsed since the crime had been perpetrated, and

the wretched murderer had encountered, since that time, his trial, in

the Court of Justiciary, and had received sentence of death by

beheading; but he escaped from prison a few days previously, by

exchanging clothes with his sister. He was then a commoner; but in 1714,

the title of Lord Burleigh, and an estate of six hundred and

ninety-seven pounds yearly, devolved upon him. When the Rebellion broke

out, his restless spirit, as well, perhaps, as the loss of reputation,

and the miseries of reflection, impelled him to enter into the contest.

Such were the principal promoters of the insurrection in the south of

Scotland; they were held together by firm bonds of sympathy, and their

plans were concerted in renewed conferences at stated periods.

The twenty-ninth of May was, of course, religiously observed by this

increasing and formidable party. During the previous year (1714) the

Jacobite gentry had met at Lochmaben, under pretence of a horse-racing;

and, although it does not appear that the Earl of Nithisdale was among

those who assembled on that occasion, yet several of his kinsmen

attended. The plates which were the prizes had significant devices: on

one of them were wrought figures of men in a falling posture; above them

stood one "eminent person," the Pretender, underneath whom were

inscribed the words from Ezekiel, xxi. 27, "I will overturn, overturn,

overturn it: and it shall be no more, until he come whose right it is,

and I will give it him." When the races were ended, Lord Burleigh, then

Master of Burleigh, led the way to the Cross of Lochmaben, where, with

great solemnity, drums beating, and colours displayed, those there

colected drank to "_their King's health;_" the Master of Burleigh

giving the toast, and uttering an imprecation on all such as should

refuse to pledge it. These meetings had been continued for several

years, and, during the reign of Queen Anne, without any molestation from

Government.[10] Lord Nithisdale took a decided part in all these

measures, and was one of those who were considered as entirely to be

trusted by the Earl of Mar, with regard to the projected arrival of the

Pretender in Scotland. On the sixth of August, 1715, that project was

communicated by Mar to the Earl of Nithisdale, through the medium of

Captain Dalzell, who was despatched likewise to Lord Kenmure, and to the

Earl of Carnwath. Lord Nithisdale obeyed the summons, and met the great

council of the Jacobite nobles at Braemar, where the decisive and

irrevocable step was taken.

Lord Nithisdale, in common with the other members of what was now termed

the Jacobite Association, had been diligently preparing the contest.

Meetings of the Association had been frequent, and even public. The

finest horses had been bought up at any cost, with saddles and

accoutrements, and numbers of horse-shoes. Many country gentlemen, who

were in the habit of keeping only two or three saddle-horses at a time,

now collected double the number; and a suspicion prevailed that it was

the intention of some, who were Jacobites, to mount a troop. But no

seizure had been made of their property in the last reign, there being

few justices of the peace in Dumfriesshire, nominated by Queen Anne, who

were not in the service of the Chevalier.[11] Trained bands were,

however, soon raised by the well-affected gentry of the county for the

protection of the neighbourhood; and Nithisdale was traversed by armed

bands,--Closeburn House, then the residence of Sir Thomas

Kirkpatrick,[12] being a frequent point of union for the friends of the

Hanoverian interests to assemble.[13] At Trepons, in the upper part of

Nithisdale, was the first blood drawn that was shed in this disastrous

quarrel, Mr. Bell of Nimsea, a Jacobite gentleman, being there shot

through the leg by one of the guards, on his refusing to obey

orders.[14] The occurrence was typical of the remorseless cruelty which

was afterwards exhibited towards the brave but unfortunate insurgents.

By a clause in the act "for encouraging loyalty in Scotland," passed on

the thirtieth of August, power was given to the authorities to summon to

Edinburgh all the heads of the Jacobite clans, and other suspected

persons, by a certain day, to find bail for their good conduct. Among

the long list of persons who were thus cited to appear, was the Earl of

Nithisdale. Upon his non-appearance, he was, with the rest, denounced,

and declared a rebel.[15] This citation was followed by an outbreak on

the part of Lord Kenmure and his followers, simultaneous to that on

which the Northumberland Jacobites had decided. And the borders now

became the chief haunts of the insurgents, who continued moving from

place to place, and from house to house, in order to ripen the scheme

which involved, as they considered, their dearest interests.

The loyal inhabitants of Dumfries were engaged, one Saturday, in the

solemnities of preparation for the holy sacrament, when they received

intimation of a plot to surprise and take possession of the town on the

following sabbath, during the time of communion. This project was

defeated by the prompt assembling of forces, notwithstanding that Lord

Kenmure, with one hundred and fifty-three horsemen, advanced within a

mile and a half of the town, on his march from Moffat. Upon being

advised of the preparations made for defence, this too prudent commander

addressed his troops, and said, "that he doubted not there were, in the

town, as brave gentlemen there as himself, and that he would not go on

to Dumfries that day." He returned to Lochmaben, where, on the following

Thursday, the Pretender's standard was proclaimed: Lochmaben is a small

market-town about fifteen miles from Dumfries; it served for some time

as the head-quarters of the Jacobite party. "At their approach," relates

the historian of that local insurrection, "the people of that place had

put their cattle into a fold to make room for their horses; but the

beasts having broken the fold, some of them drew home to the town a

little before day; and a townsman, going to hunt one of 'em out of his

yeard, called on his dog nam'd 'Help.' Hereupon the sentries cried

'Where?' and apprehending it had been a party from Dumfries to attack

them, gave the alarm to the rebels, who got up in great confusion."

Lord Kenmure, attended by the Jacobite chiefs, and Lord Nithisdale, soon

quitted the town of Lochmaben; and proceeding to Ecclefechan, and thence

marching to Langholme, reached Hawick on the fifteenth of September, and

determined on proceeding from that place into Teviotdale. Meantime

measures were taken by the Duke of Roxburgh, who was Lieutenant Governor

of Dumfriesshire, to prevent the Castle of Carlaverock being made

available for the Jacobite forces. The Duke gave orders that the back

bridge of the isle should be taken off, and a communication thus cut off

between the Papists in the lower part of Galloway and the rebels in the

borders. The inhabitants of the parish of Carlaverock were also strictly

watched, being tenants, mostly, of the Earl of Nithisdale; and the same

precaution was taken with regard to his Lordship's tenantry in Traquair,

Terregles, and Kirkcunyean; yet, according to the statement of Mr. Reay,

a most violent partisan against the Jacobites, the humble dwellers on

these estates were but little disposed to follow their chieftain, who

took, so the same account declares, "only two or three domestic servants

with him."[16] This, however, is contradicted by the assertion of Mr.

Patten, who specifies that Lord Nithisdale was followed by three hundred

of his tenantry; and also by the expectations which were founded, upon

a close survey and scrutiny, by the agents of the Chevalier before the

outbreak.[17]

Lord Nithisdale had now taken a last farewell of the beautiful and

smiling country of his forefathers; with what bright hopes, with what

anticipations of a successful march and a triumphant return he may have

quitted Terregles, it is easy to conjecture. Unhappily his enterprise

was linked to one over which a man, singularly ill-fitted for the office

of command, presided: for it was decreed that the Jacobite forces, under

the command of Lord Kenmure, should proceed to the assistance of Mr.

Forster's ill-fated insurrection in the north of England.

The history of that luckless and ill-concerted enterprise has been

already given.[18] The Earl of Nithisdale was taken prisoner after the

battle of Preston, but little mention is made of his peculiar services

at that place.

Lord Nithisdale was, with other prisoners of the same rank, removed to

London. The prisoners of inferior rank were disposed of, under strong

guards, in the different castles of Lancaster, Chester, and Liverpool.

The indignities which were wreaked upon the unfortunate Jacobites as

they entered London have been detailed in the life of Lord Derwentwater.

Amid the cries of a savage populace, and the screams of "No warming

pan," "King George for ever!" an exclamation which proves how deeply the

notion of spurious birth had sunk into the minds of the people, the

Earl of Nithisdale was conducted, his arms tied with cords, and the

reins of his horse taken from him, with his unfortunate companions, into

the Tower. He arrived in London on the 9th of December, 1715.[19]

Of the manner in which the State prisoners of that period were treated,

there are sufficient records left to prove that no feeling of compassion

for what might be deemed a wrong, but yet a generous principle of

devotion to the Stuarts, no high-toned sentiment of respect to bravery,

nor consideration for the habits and feelings of their prisoners,

influenced the British Government during that time of triumph. The mode

in which those unfortunate captives were left in the utmost penury and

necessity to petition for some provision, after their estates were

escheated, plainly manifests how little there was of that sympathy with

calamity which marks the present day.[20]

But if the State prisoners in London were treated with little humanity,

those who were huddled together in close prisons at Preston, Chester,

Liverpool, and the other towns were in a still more wretched condition.

In the stores of the State Paper Office are to be found heartrending

appeals for mercy, from prisoners sinking under dire diseases from too

close contiguity, or from long confinement in one apartment. Consumption

seems to have been very prevalent; and in Newgate the gaol fever raged.

For this rigorous confinement the excuse was, that it had been found

impossible to give the prisoners air, without risk of escape. In

Chester, the townspeople conspired to assist the poor wretches in this

endeavour; and perhaps, in regard to those of meaner rank, the

authorities were not very averse to the success of such efforts, for the

prisons were crowded, and the expense of even keeping the unfortunate

captives alive began to be a source of complaint on the part of

Government.

The great majority of the prisoners of the north were country gentlemen,

Roman Catholics, from Cumberland and Northumberland,--men who were

hearty and sincere in their convictions of the righteousness of their

cause--men, whose ancestors had mustered their tenantry in the field for

Charles the First. To those whose lives were spared, a petition was

recommended, and taken round for signature, praying that their sentence

of death or of imprisonment might be exchanged for transportation. But,

whether these high-spirited gentlemen expected that another insurrection

might act in their favour, or whether they preferred death to a final

farewell, under circumstances so dreadful, to their country, does not

appear. They mostly refused to sign the petition, which was offered to

them singly: and the commandant at Preston, Colonel Rapin, in his

correspondence with Lord Townshend, expresses his annoyance at their

obstinacy, and expatiates on the inconvenience of the numbers under his

charge at Preston. At length, after Captain John Dalzell, brother to the

Earl of Carnwath, had signed the petition, a large body of the

prisoners were ordered to be transported without their petitioning, and

to be put in irons. They were hurried away to Liverpool, to embark

thence for the Colonies, gentlemen and private soldiers mingled in one

mass; but orders were afterwards sent by Lord Townshend to detain the

gentlemen. Three hundred and twenty-seven prisoners had, however, been

already shipped off. Those who remained were not permitted to converse,

even with each other, without risk,--one Thomas Wells being appointed as

a spy to write to the Jacobites, and to discourse with them, under the

garb of friendliness, in order to draw out their real sentiments.[21]

From this digression, which may not be deemed irrelevant, since it marks

the spirit of the times, we return to the unhappy prisoners in the

Tower, which was now thickly tenanted by the fallen Jacobites.

Lord Nithisdale had the sorrow of knowing that many of his friends and

kinsmen were in the same gloomy and impenetrable fortress to which he

had been conducted. It is possible that the Jacobite noblemen were not

hopeless; and that remembering the clemency of William the Third to

those who had held a treasonable correspondence with the Court of St.

Germains, they might look for a similar line of policy from the reigning

monarch.

It must be acknowledged, however, that Government had been greatly

exasperated by acts of violence and of wanton destruction on the part of

the Jacobites throughout the country; and that the general disaffection

throughout the North, and, in particular, the strong Tory predilections

at Oxford, must have greatly aggravated the dangers, and consequently,

in a political view, have enhanced the crimes of the Chevalier's

adherents. "The country," writes Colonel Rapin to Lord Townshend, "is

full of them [the Jacobites], and the same spirit reigns in London."

"Oxford," writes an informant, under the name of _Philopoliticus_, "is

debauched by Jacobitism. They call the Parliament the Rump; and riots in

the street, with cries of 'Down with the Rump!' occur daily." Even the

fellows and heads of the colleges were disposed to Jacobite opinions;

and the Jacobites had expected that the city would become the

Chevalier's head-quarters as it had been that of Charles the First.[22]

But that which hastened the fate of the Earl of Nithisdale and of his

friends, was the landing of James Stuart, at Peterhead, in Scotland, on

the twenty-second of December,--an event which took place too late for

his friends and partisans, and fatally increased the calamities of those

who had suffered in his cause. On Monday, the ninth of January, he made

his public entry into Perth, and, on the same day, the reigning monarch

addressed his Parliament.[23]

"Among the many unavoidable ill consequences of this Rebellion," said

the King, "none affects me more sensibly than that extraordinary burden

which it has, and must, create to my faithful subjects. To ease them as

far as lies in my power, I take this first opportunity of declaring that

I freely give up all the estates that shall become forfeited to the

Crown by this Rebellion, to be applied towards defraying the

extraordinary expense incurred on this occasion." As soon as a suitable

address had been returned by both Houses, a debate concerning the

prisoners taken in rebellion ensued, and a conference was determined on

with the House of Lords. Mr. Lechmere, who was named to carry up the

message to the Lords, returned, and made a long and memorable speech,

concerning the rise, depth, and extent of the Rebellion; after which it

was resolved, _nemine contradicente_, to impeach the Earl of

Derwentwater, William Lord Widdrington, William Earl of Nithisdale,

Robert Earl of Carnwath, George Earl of Wintoun, William Viscount

Kenmure, and William Lord Nairn, of high treason.

The same evening, a committee was appointed to draw up articles of

impeachment; and so great was the dispatch used, and so zealous were the

committee, that in two hours the articles were prepared, agreed to, and

ordered to be engrossed with the usual saving clause. During this time,

the Lords remained sitting, and before ten o'clock the articles were

presented before that assembly.

On the following day, the prisoners were conducted before the Bar of the

House, where the articles of impeachment were read to them, and they

were desired to prepare their replies on the sixteenth day of the month.

Thus only six days were allowed for their answers; upon application,

however, two days more were granted. The prisoners were allowed to

choose counsel, and also to have a free communication with any persons,

either peers or commoners, whom they might name.

On the twenty-first of January, the King again addressed his Parliament,

and referred to the recent landing of the "Pretender" in Scotland. The

reply of the two Houses to this speech emphatically declares, "that the

landing of the Pretender hath increased their indignation against him

and his adherents, and that they were determined to do everything in

their power to assist his Majesty, not only in subduing the present

Rebellion, but in destroying the seeds and causes of it, that the like

disturbance may never rise again to impair the blessings of his

Majesty's reign."[24]

On the ninth of February the six impeached lords were brought, at eleven

in the morning, to the Court erected in Westminster Hall, wherein both

Lords and Commons were assembled. The ceremonial of opening this

celebrated Court was conducted in the following manner:--

The Lords being placed on their proper seats, and the Lord High Steward

on the woolsack, the Clerk of the Crown in the Court of Chancery, after

making three reverences to the Lord Steward, presented, on his knees,

the King's commission; which, after the usual reverences, was placed on

the table. A proclamation for silence was then heard. The High Steward

stood up and addressed the Peers, "His Majesty's commission is going to

be read; your Lordships are desired to attend."

The Peers hereupon arose, uncovered themselves, and stood while the

commission was being read. The voice of the Sergeant-at-arms exclaimed,

"God save the King!" The Herald and Gentleman Usher of the Black Rod,

after three reverences, kneeling, then presented the White Staff to his

Grace, the High Steward; upon which his Grace, attended by the Herald,

the Black Rod, and Seal Bearer, removed from the woolsack to an armed

chair which was placed on the uppermost step but one next to the throne.

The Clerk of the Crown ordered the Serjeant-at-arms to make another

proclamation for silence; and amidst the stillness, the Lieutenant of

the Tower brought in, amid an assembly of their compeers, his prisoners.

Lord Wintoun was alone absent; for he had obtained a few days of

delay.[25]

The Earl of Nithisdale pleaded guilty, with his companions in

misfortune. On Thursday, the nineteenth of January, when called upon for

his answer, his defence was couched in the following terms: "It is with

the greatest confusion," he began, "the said Earl appears at your

Lordships' Bar, under the weight of an impeachment by the Commons of

Great Britain for high treason." He went on to declare that he had ever

been a zealous assertor of the liberties of his country, and never

engaged in any design to subvert the established Government and good

laws of the kingdom.

When summoned by those who were entrusted with the administration of the

government in Scotland to Edinburgh, he did, he alleged, not obey the

summons, being assured that if he went thither he would be made a close

prisoner. He was therefore forced to abscond; for being at that time in

ill-health, a confinement in Edinburgh Castle would have endangered his

life. The Earl also stated that he had remained in privacy, until

several of the persons mentioned in the impeachment had appeared in arms

very near the place where they had lain concealed. He then

"inconsiderately and unfortunately" joined them, with four domestics

only, and proceeded in their company to the places named in the

indictment; but knew nothing of the intended insurrection until the

party "were actually in arms." After some expressions, stating that he

was deeply sensible of his offence, he confessed, with "a sorrow equal

to his crime," that he was guilty; "but referred to his hopes of mercy,

grounded on his having capitulated at Preston, where he performed the

duty of a Christian in preventing effusion of blood; and on his reliance

on his Majesty's mercy."

On being further asked by the Lord High Steward whether he had anything

to say "why judgment should not pass upon him according to law," Lord

Nithisdale recapitulated the points in his answer in so weak a voice,

that the Lord Steward reiterated the former question: "Have you pleaded

anything in arrest of judgment?" "No, my Lord, I have not," was the

reply.

The Earl of Nithisdale received the sentence of condemnation with the

other Lords; and, like them, had the misery of hearing his doom prefaced

by a long and admired harangue. The sentence was then pronounced in all

its barbarous particularities; the law being in this, as the Lord High

Steward declared, deaf to all distinctions of rank, "required that he

should pronounce them." But his Grace intimated the most ignominious and

painful parts of the sentence were usually remitted.

Lord Nithisdale, unlike Lord Widdrington and Lord Kenmure, who had

referred in terms of anguish to their wives and children, had made no

appeal on the plea of those family ties, to which few of his judges

could have been insensible. He returned to the Tower, under sentence of

death, to be saved by the heroism of a woman; according to some

accounts, of his mother;[26] but actually, by the fearless, devoted

affection of his wife.

Winifred, Countess of Nithisdale, appears, from her portrait by Kneller,

to have conjoined to an heroic contempt of danger a feminine and

delicate appearance, with great loveliness of countenance.[27] She was

descended from a family who knew no prouder recollection than that

their castle-towers had been the last to welcome the unhappy Charles the

First in the manner suited to royalty. Her mother was the Lady Elizabeth

Herbert, daughter of Edward, the second Marquis of Worcester, and author

of "The Century of Inventions." Lady Nithisdale was therefore the

great-granddaughter of that justly honoured Marquis of Worcester whose

loyalty and disinterestedness were features of a character as excellent

in private life, as benevolent, as sincere, as it was conspicuous in his

public career. Yet, so universal, so continual has been the popular

prejudice against Popery in this country, that even the virtues of this

good man could scarcely rescue him from the imputation, as Lord

Clarendon expresses it, of being "that sort of Catholics, the people

rendered odious, by accusing to be most Jesuited."

The maternal family of Lady Nithisdale were, therefore, of the same

faith with her husband, and, like his family, they had suffered deeply

for the cause of the Stuarts; and it is remarkable that, with what some

might deem infatuation, many descendants of those who had seen their

fairest possessions ravaged, their friends and kindred slain, should be

ready to suffer again. It is impossible for any reasoning to dispel the

idea that this must be a true and fixed principle, independent, in many

noble instances, of the hope of reward,--a far less enduring motive, and

one which would be apt to change with every change of fortune.

Lady Nithisdale, on her father's side, was descended from the Herberts

of Powis Castle, who were ennobled in the reign of James the First. She

was the fourth daughter of William, Marquis of Powis, who followed James

the Second, after his abdication, to France, and was created by that

monarch Duke of Powis, a title not recognised in England.[28] The

titular Duke of Powis, as he is frequently called in history, chose to

remain at St. Germains, and was at length outlawed for not returning

within a certain period. He died at St. Germains in 1696. Upon the death

of her father, Lady Winifred Herbert was placed with her elder sister,

the Lady Lucy, in the English convent at Bruges, of which Lady Lucy

eventually became Abbess. A less severe fate was, however, in store for

the younger sister.

Under these adverse circumstances, so far as related to the proper

maintenance of her father's rank in England, was Winifred Herbert

reared. How and where she met with Lord Nithisdale, and whether the

strong attachment which afterwards united them so indissolubly, was

nurtured in the saloons of St. Germains, or in the romantic haunts of

Nithisdale, we have no information to decide, neither have the

descendants of the family been able even to ascertain the date of her

marriage.

It is not improbable, however, that, before his marriage, Lord

Nithisdale visited Paris and Rome, since the practice of making what was

called "the grand tour" not only prevailed among the higher classes, but

especially among the Jacobite nobility, many of whom, as in the case of

Lord Derwentwater, were educated abroad; and this is more especially

likely to have been the case in the instance of Lord Nithisdale, since,

as Lady Nithisdale remarks in her narrative, her husband was a Roman

Catholic in a part of Scotland peculiarly adverse to that faith, "the

only support," as she calls him, "of the Catholics against the

inveteracy of the Whigs, who were very numerous in that part of

Scotland."

Memoirs of the Jacobites of 1715 and 1745. Volume II. · 第 1 / 24 段