While the issue of the contest remained doubtful,
the government took no steps to punish the prisoners who had fallen into their hands at
Carlisle; but after the decisive affair of Culloden, when there appeared no chance of the
Jacobite party ever having it in their power to retaliate, the government resolved to
vindicate the authority of the law by making examples of some of the prisoners.
As it was intended to try the prisoners at different places for the sake of
convenience, an act was passed empowering his majesty to try them in any country he might
select.
On the 24th and 25th of June bill of indictment were found against
36 of the prisoners taken at Carlisle, and against one David Morgan, a barrister, who had
been apprehended in Stafordshire. The court then adjourned till the 3d of July, on which
day the prisoners were arraigned. Three only pleaded guilty. The rest applied for a
postponement of their trials on the ground that material witnesses for their defence were
at a considerable distance. The court in consequence ruled that in cases where witnesses
were in England the trial should be put off to the 15th of July, and where they were in
Scotland, to the 25th of the same month.
The court accordingly met on the 15th of July, and proceeded with
the trial of Francis Townley, Esquire, before a grand jury, at the court-house, Southwark.
This unfortunate gentleman had been colonel of the Manchester regiment. He was of a
respectable family in Lancashire. Obliged to retire to France in 1728, he had obtained a
commission from the King of France, and had served at the siege of Philipsburgh under the
Duke of Berwick, who lost his life before the walls of that place. He continued sixteen
years in the French service; and after his return to England had received a commission to
raise a regiment. A plea was set up by his council, that holding a commission in the
French service he was entitled to the benefit of the cartel as well as any other French
officer, but this was overruled, and he was found guilty. On the next and two following
days eighteen other persons, chiefly officers in the said regiment, were brought to trial.
Five were attainted by their own confession of high treason, twelve on a verdict of high
treason of levying war against the king, and one was aquitted. These seventeen persons,
along with Townley, were all condemned to death, and nine of them, including Townley, were
selected for execution on the 30th. The rest were reprieved for three weeks.
Kennington common was the place destined for the execution of these
unfortunate men, most of whom met their fate with fortitude and resignation. The execution
was accompanied with the disgusting and barbarous details usual at that time in cases of
treason.
Two singular and interesting circumstances occured at this
execution. The one was the attendance of a younger brother of Lieutenant Thomas Deacon's,
of the Manchester Regiment, and one of those who had obtained a reprieve. At his own
request he was allowed to witness the execution of his brother in a coach under the charge
of a guard. The other was one of a very affecting description. Hurried away by the
impetuosity of youth, James Dawson, one of the sufferers, the son of a Lancashire
gentleman, had abandoned his studies at St. John's college, Cambridge, and had joined the
Jacobite standard. He and a young lady of good family and handsome fortune were warmly
attached to each other, and had Dawson been acquitted, or, after condemnation, found
mercy, the day of his enlargement was to have been that of their marriage. When all hopes
of mercy were extinguished, the young lady resolved to witness the execution of her lover,
and so firm was her resolution, that no persuasion of her friends could induce her to
abandon her determination. On the morning of the execution she accordingly followed the
sledges to the place of execution in a hackney coach, accompanied by a gentleman nearly
related to her, and one female friend. She got near enough to see the fire kindled which
was to consume that heart she knew was so much devoted to her, and to observe the other
appalling prearations without committing any of those extravagances her friends has
apprehended. She had even the fortitude to restrain her feelings while the executioner was
pulling the cap over the eyes of her lover; but when he was thrown off she in an agony of
grief drew her head into the coach, and crying out, "My dear, I follow thee, I follow
thee; - sweet Jesus, receive both our souls together!" fell upon the neck of her
female companion, and instantly expired.
The principal witness against Townly, Deacon, Dawson, and others,
was Samuel Maddock, an ensign in the same regiment, who, to save his own life, turned
king's evidence against his former comrades.
The individuals next proceeded against were persons of a higher
grade. The Marquis of Tullibardine escaped the fate which awaited him, having died of a
lingering indisposition in the Tower on the 9th of July; but on the 23d of that month the
grand jury of the county of Surrey found bills for high treason against the Earls of
Kilmarnock, and Cromarty, and Lord Balmerino. Lord-chancellor Hardwicke was appointed Lord
High Steward for the trial of these peers. The indictments being certified, the house of
lords fixed the 28th of July for the day of trial. Accordingly, on the day appointed the
three lords proceeded from the Tower towards Westminster-hall, where the trial was
conducted with great pomp and ceremony.
After the indictments had been read, the Earls of Kilmarnock and
Cromarty pleased "guilty", and threw themselves entirely upon the king's mercy.
Before pleading to his indicment, Lord Balmerino stated that he was not at Carlisle at the
time specified in the indictment, being eleven miles off when that city was taken, and he
requested to know from his grace if it would avail him any thing to prove that fact. Lord
Hardwicke said that such a circumstance might, or might not, be of use to him; but he
informed him that it was contrary to form to permit him to put any questions before
pleading to the indictment, by saying whether he was guilty or not guilty. His grace
desiring his lordship to plead, the intrepid Balmerino apparently not understanding the
meaning of that legal term, exclaimed, with great animation, "Plead! Why, I am
pleading as fast as I can". The lord-high-steward, having explained the import of the
phrase, the noble baron answered, "Not guilty".
The trial then proceeded. Four witnesses were examined. One of them
proved that he saw Lord Balmerino ride into Carlisle on a bay horse the day after it was
taken by the Highlanders; - that he saw him afterwards ride up to the market-place with
his sword drawn at the head of his troop of horse, which was the second troop of Charles's
body guards, and was called Elphinstone's horse. Another witness deponed that he saw his
lordship ride into Manchester at the head of his troop, and that he was there when the
young Chevalier was proclaimed regent. Two other witnesses proved that his lordship was
called colonel of his troop, that he always acted in that station, have orders on all
occasions to his officers, and that he was in great favour with Prince Charles. The
evidence on the part of the crown, having been finished, the lord-high-steward asked the
prisoner if he had any thing to offer in his defence, or meant to call any witnesses. His
lordship replied that he had nothing to say, but to make an exception to the indictment
which was incorrect in charging him with being at Carlisle at the time it was taken by the
Highlanders. The peers then sesolved to take the opinion of the judges upon the point, and
these were unamimously of opinion, that, as an overt act of treason and other acts of
treason had been proved beyond contradiction, there was no occasion to prove explicitly
every thing that was laid in the indictment; and that, of course, the prisoner's objection
was not material. The peers then unanimously found Lord Balmerino guilty of high treason,
after which, the other two lords were brought to the bar, and were informed by the
lord-high-steward, that if neither of them had any thing to move in arrest of judgement,
they must come prepared on the Wednesday following at eleven o'clock, and state their
objections, otherwise sentance of death would be awarded against them. The three lords
were then carried back to the Tower in coaches, and the axe, which was in the coach with
Lord Balmerino, had its edge pointed towards him.
The court accordingly met again on Wednesday the 30th of July, when
the lord-high-steward addressed the prisoners; and begining with Lord Kilmarnock, asked
him if he had any thing to offer why judgement of death should not be passed against him.
His lordship stated, that having, from a due sense of his folly, and the heinousness of
his crimes, acknowledged his guilt, he meant to offer nothing in extenuation, but to throw
himself entirely on the compassion of the court, that it might intercede with his majesty
for his royal clemency. He then, in a somewhat humble speech, urged several reasons whu he
should be treated with clemency, expressing great contrition for having, somewhat against
his own inclination, joined in the "unnatural scheme". He concluded by stating,
that if after what he had stated their lordships did not feel themselves called upon to
employ their interest with his majesty for his royal clemency, that he would lay down his
life with the utmost resignation, and that his last moments should "be employed in
fervent prayer for the preservation of the illustrious house of Hanover, and the peace and
prosperity of Great Britian".
The Earl of Cromarty began a most humiliating but pathetic appeal,
by declaring that he had been guilty of an offence which merited the highest indignation
of his majesty, their lordships, and the public; and that it was from a conviction of his
guilt that he had not presumed to trouble their lordships with any defence. "Nothing
remains, my lords", he continued, "but to thrown myself, my life, and fortune,
upon your lordships's compasion; but of these, my lords, as to myself is the least part of
my sufferings. I have involved an affectionate wife, with an unborn infant, as parties to
my guilt, to share its penalties; I have involved my eldest son, whose infancy and regard
for his parents hurried him down the stream of rebellion. I have involved also eight
innocent children, who must feel their parent's punishment before they know his guilt. Let
them, my lords, be pledges to his majesty; let them be pledges to my country for mercy;
let the silent eloquence of their grief and tears; let the powerful language of innocent
nature supply my want of eloquence and persuasion; let me enjoy mercy, but no longer than
I deserve it; and let me no longer enjoy life than I shall use it to deface the crime I
have been guilty of. Whilst I thus intercede to his majesty through the mediation of your
lordships for mercy, let my remorse for my guilt as a subject; let the sorrow of my heart
as a husband; let the anguish of my mind as a father, speak the rest of my misery. As your
lordships are men, feel as men; but may none of you ever suffer the smallest part of my
anguish. But if after all, my lords, my safety shall be found inconsistent with that of
the public, and nothing but my blood can atone for my unhappy crime; if the sacrifice of
my life, my fortune and my family, is judged indispensably necessary for stopping the loud
demands of public justice; and if the bitter cup is not to pass from me, not mine, but thy
will, O God, be done".
When the lord-high-steward addressed Lord Balmerino, he produced a
paper, and desired it might be read. His grace told his lordship that he was at liberty to
read it if he pleased; but his lordship replied that his voice was too low, and that he
could not read it so distinctly as he could wish. One of the clerks of parliament, by
order of the lord-high-steward, then read the paper, which was to this effect:- That
although his majesty had been empowered by an act of parliament, made the last session, to
appoint the trials for high treason to take place in any county he should appoint; yet, as
the alleged act of treason was stated to have been committed at Carlisle, and prior to the
passing of the said act, he ought to have been indicted at Carlisle, and not in the county
of Surrey, as the act could not have a restrospect effect. His lordship prayed the court
to assign him counsel to argue the point. The peers, after consideration, agreed to his
petition for counsel, and at his request assigned him Messrs. Wilbraham and Forrester, and
adjourned the court to the 1st of August.
The three prisoners were again brought back from the Tower. On that
day the lord-high-steward asked Lord Balmerino if he was then ready by his counsel to
argue the point, which he proposed to the court on the previous day. His lordship
answered, that as his counsel had advised him that there was nothing in the objection
sufficient to found an arrest of judgement upon, he begged to withdraw the objection, and
craved their lordships' pardon for giving them so much trouble. The prisoners then all
declaring that they submitted themselves to the court, Lord Lardwicke addressed them in a
suitable speech, and concluded by pronouncing the following sentance: - "The
judgement of the law is, and this high court doth award, that you, William, Earl of
Kilmarnock; George, Earl of Cromarty; and Arthur Lord Balmerino, 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
are 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 must
be divided each into four quarters; and these must be at the king's disposal. And God
Almighty be merciful to your souls". Then the prisoners were removed from the bar,
and after taking a cold collation which had been prepared for them, were carried back to
the Tower in the same order and form as before.
The Earl of Kilmarnock immediately presented a petition to the king
for mercy, and also another, a copy of the first, to the Prince of Wales, praying his
royal highness's intercession with his majesty in his behalf; and a third to the Duke of
Cumberland for a similar purpose. In this last mentioned petition he asserted his
innocence of charges which had been made against him, of having advised the putting to
death of the prisoners taken by the Highland army before the battle of Culloden, and of
advising or approving of an alleged order for giving no quarter to his majesty's troops in
that battle. In the petitions to the king and the Price of Wales, the earl declared that
he had surrendered himself at the battle of Culloden, at a time when he could have easily
escaped; but he afterwards admitted that the statement was untrue, and that he was induced
to make it from a strong desire for life; that he had no intention of surrendering; and
that, with the view of facilitating his escape, he had gone towards the body of horse
which made him prisoner, thinking that it was Fitz-James's horse, with the design of
mounting behind a dragoon. These petitions were entirely disregarded.
The Earl fo Cromarty, with better claims to mercy, also petitioned
the king. In support of this application the countess waited upon the lords of cabinet
council, and presented a petition to each of them; and, on the Sunday following sentance,
she went to Kensington palace in deep mourning, accompanied by Lady Stair, to intercede
with his majesty in behalf of her husband. She was a women of great strength of mind, and
though far advanced in pregnancy, had hitherto displayed surprising fortitude; but on the
present trying occasion she gave way to grief. She took her station in the entrance
through which the king was to pass to chapel, and when he approached she fell upon her
knees, seized him by the coat, and presented her supplication, fainted away at his feet.
The king immediately raised her up, and taking the petition, gave it in charge of the Duke
of Grafton, one of his attendants. He then desired Lady Stair to conduct her to one of the
apartments. The Dukes of Hamilton and Montrose, the Earl of Stair and other courtiers,
backed these petitions for the royal mercy by a personal application to the king, who
granted a pardon to the earl on the 9th of August.
The high-minded Balmerino disdained to compromise his principles by
suing for pardon, and when he heard that his fellow-prisoners had applied for mercy, he
sarcastically remarked, that as they must have great interest at court, they might have
squeezed his name in with their own. From the time of his sentance down to his execution,
he showed no symptoms of fear. He never entertained any hopes of pardon, for he said he
considered his case desperate, as he had been once pardoned before. When Lady Balmerino
expressed her great concern for the approaching fate of her Lord, he said, "Grieve
not, my dear Peggy, we must all die once, and this is but a few years very likely before
my death must have happened some other way; therefore, wipe away your tears; you may marry
again, and get a better husband". About a week after his sentance a gentleman went to
see him, and apologising for intruding upon him when he had such a short time to live, his
lordship replied, "Oh! Sir, no intrusion at all; I have done nothing to make my
conscience uneasy. I shall die with a true heart, and undaunted; for I think no man fit to
live who is nto fit to die; nor am I any ways concerned at what I have done". Being
asked a few days before his execution in what manner he would go to the scaffold, he
answered, "I will go in the regimentals which I wore when I was first taken, with a
woollen shirt next to my skin, which will serve me instead of a shroud to be buried
in". Being again asked why he would not have a new suit of black, he replied,
"It would be thought very imprudent in a man to repair an old house when the lease of
it was near expiring; and the lease of my life expires next Monday". The king could
not but admire the high bearing and manly demeanour of this unfortunate nobleman; and when
the friends of the other prisoners were making unceasing applications to him for mercy, he
said, "Does nobody intercede for poor Balmerion? He, though a rebel, is at least an
honest man". According to Walpole, Balmerino was "jolly with his pretty
Peggy" almost to the very last.
On the 11th of August an order wa signed in council for the
execution of the Earl of Kilmarnock and Lord Balmerino, and on the 12th two writs passed
the great seal, empowering the constable of the Tower to deliver their bodies to the
sheriffs of London, for execution on Monday the 18th. The order for their execution on the
18th of August having been announced to the unfortunate noblemen by Mr Foaster, a
dissenting clergyman, Lord Kilmarnock received the intelligence with all the composure of
a man resigned to his fate, but at the same time with a deep feeling of concern for his
future state. Balmerino, who perhaps had as strong a sense of religion as Kilmarnock,
received the news with the utmost unconcern. He and his lady were sitting at dinner when
the warrant arrived, and, being informed of it, her ladyship started up from the table and
fainted away. His lordship raised her up, and, after she had recovered, he requested her
to resume her seat at the table and finish her dinner.
On the Saturday prceeding the execution, General Williamson, at
Kilmarnock's desire, as is supposed, gave him a minute detail of all the circumstances of
solemnity and outward terror which would accompany it.
Balmerino was no actuated with the same feeling of curiosity as
Kilmarnock was to know the circumstances which would attend his execution, but awaited his
fate with the indifference of a martyr desirous of sealing his faith with his blood. The
following letter, written by him on the eve of his execution, to the Chevalier de St
George, strikingly exemplifies the cool intrepidity of the man, and the sterling honesty
with which he adhered to his principles:-
"Sir, - You may remember that, in the year 1716, when your
Majesty was in Scotland, I left a company of foot, purely with a design to serve your
Majesty, and, had I not made my escape then, I should certainly have been shot for a
deserter.
"When I was abroad I lived many years at my own charges before
I ask'd any thing from you, being unwilling to trouble your Majesty while I had any thing
of my own to live upon and when my father wrote me that he had a remission for me, which
was got without my asking or knowledge, I did not accept of it till I first had your
Majesty's permission. Sir, when His Royal Highness the Prince, your son, came to
Edinburgh, as it was my bounden and indispendable duty, I joyn'd him, for which I am
to-morrow to lose my head on a scaffold, whereat I am so far from being dismayed, that it
gives me great satisfaction and peace of mind that I die in so righteous a cause. I hope,
Sir, on these considerations, your Majesty will provide for my wife so as she may not want
bread, which otherwise she must do, my brother having left more debt on the estate than it
was worth, and having nothing in the world to give her. I am, with the most profound
respect, Sir, your Majesty's most faithful and devoted subject and servant,
"Balmerino"
"Tower of London"
"17th August, 1746"
On Monday, the 18th of August, great preparations were made on
Tower-hill for the execution. At ten o'clock the block was fixed on the stage, covered
with black cloth, and several sacks of sawdust were provided to be strewed upon the
scaffold. Soon after the two coffins were brought and placed upon the scaffold. Upon
Kilmarnock's coffin was a plate with this inscription, "Gulielmus Comed de
Kilmarnock, decollatus 18 Augusti, 1746, aetat. suae 43", with an earl's coronet over
it, and six coronets over the six handles. The plate on Balmerino's coffin bore this
inscription, "Arthurus Dominus de Balmerion, decollatus 18 Augusti, 1746, aetat. suae
58", surmounted by a baron's coronet, and with six others over the handles.
These preparations were completed about half-past ten, when the
sheriffs, accompanied by their officers, went to the Tower, and, knocking at the door,
demanded "The bodies of William, Earl of Kilmarnock, and Arthur, Lord
Balmerino". General Williamson thereupon went to inform the prisoners that the
sheriffs were in attendance. When told that he was wanted, Lord Kilmarnock, who had just
been engaged in prayer with Mr Foster, betrayed no fear, but said, with great composure,
"General, I am ready; I'll follow you". On leaving the Tower, Kilmarnock and
Balmerino met at the foot of the stair. They embraced each other, and Balmerino said,
"I am heartily sorry to have your company in this expedition". The ill-fated
noblemen were then brought to the Tower-gate, and delivered over to the sheriffs. When the
prisoners were leaving the Tower, the deputy-lieutenant, according to an ancient usage,
cried, "God bless King George!" to which Kilmarnock assented by a bow, but
Balmerino emphatically exclaimed, "God bless King James!". The prisoners were
then conducted to the house fitted up for their reception, and, being put into seperate
apartments, their friends were admitted to see them. When the prisoners arrived at the
door of the house, some persons among the crowd were heard asking others, "Which is
Lord Balmerino?". His lordship, overhearing the question, said, "I am Balmerino,
gentlemen, at your service".
About eleven o'clock Lord Balmerino sent a message to Lord
Kilmarnock requesting an interview, which being consented to, Balmerino was brought into
Kilmarnock's apartment. The following dialogue, as reported by Mr Foster, then ensued.
Balmarino - "Mr lord, I beg leave to ask your lordship one question". Kilmarnock
- "To any question, my lord, that you shall think proper to ask, I believe I shall
see no reason to decline giving an answer". B. "Why then, my lord, did you ever
see or know of any order signed by the prince, to give no quarter at Culloden?". K.
"No. my lord". B. "Nor I neither; and therefore it seems to be an invention
to justify their own murders". K. "No, my lord, I do not think that inference
can be drawn from it; because, while I was in Inverness, I was informed by several
officers that there was such an order, signed 'George Murray'; and that it was in the
duke's custody. B. "Lord George Murray! Why, then, they should not charge it upon the
prince". After this conversation the prisoners tenderly saluted each other, and
Balmerino, after bidding his friend in affliction an eternal and happy adieu, added, with
a countenance beaming with benignity, "My dear lord, I wish I could alone pay the
reckoning and suffer for us both".
Lord Kilmarnock appeared to be most anxious to impress upon the
minds of those who were with him the sincerity of his repentance for the crime for which
he was about to suffer. He declared himself fully statisifed witht he legality of King
George's title to the crown, and stated that his attachment to the reigning family, which
had suffered a slight interruption, was then as strong as ever. He spent a considerable
time in devotion with Mr Foster, till he got a hint from the sheriffs that the time was
far advanced, his rank as an earl giving him a melancholy priority on the scaffold. After
Mr Foster had said a short prayer, his lordship took a tender farewell of the persons who
attended him, and, prceeded by the sheriffs, left the room followed by his friends.
Notwithstanding the great trouble he had taken, in accordance with the wish of Mr Foster,
to familiarise his mind with the outward apparatus of death, he was appalled when he
stepped upon the scafford at beholding the deadful scene around him, and, turning round
about to one of the clergymen, said, "Home, this is terrible!". He was attired
is a suit of black clothes, and, though his countenance was composed, he had a melancholy
air about him, which indicated great mental suffering. Many of the spectators near the
scaffold were so much affected by his appearance that they could not refrain from tears,
and even the executioner was so overcome that he was obliged to drink several glasses of
spirits to enable him to perform his dreadful duty.
Mr Foster, who had accompanied his lordship to the scaffold,
remained on it a short time in earnest converstation, and having quited it, the
executioner came forward and asked his lordship's forgiveness inexecuting the very painful
task he had to perform. The unhappy nobleman informed the executioner that he readily
forgave him, and presented him a purse containing give guineas, desired him the have
courage. His lordship then took off his upper clothes, turned down the neck of his shirt
under his vest, and undoing his long dressed har from the bag which contained it, tied it
round his head in a damask cloth in the form of a cap. He then informed the executioner
that he would drop a hankerchief as a signal for the stroke about two minutes after he had
laid his head down upon the block. Either to support himself, or as a more convenient
posture for devotion, he laid his hands upon the block. On observing this the executioner
begged his lordship to let his hands fall down, lest they should be mangled or break the
blow. Being told that the neck of his waistcoat was in the way, he rose up, and with the
help of Colonel Vraufurd, one of his friends, had it taken off. The neck being now made
completely bare to his shoulders, the earl again knelt down as before. This occurence did
not in the least discompose him, and Mr Home's servant, who held the cloth to receive his
head, hear him, after laying down his head the second time, put the executioner in mind
that in two minutes he would give the signal. He spent this short time in fervent
devotion. Then, fixing his neck upon the block, he gave the fatal signal; his body
remained without the least motion till the stroke of the axe, which at the first blow
almost severed the head from the body. A small piece of skin which still united them was
cut through by another stroke. The head, which was received into a scarlet cloth, was not
exposed, in consequence, it is said, of the earl's own request, but along with the body,
was deposited in the coffin, which was delivered to his friends, and placed by them in the
hearse. The scaffold was then strewed over with fresh sawdust, and the executioner, who
was dressed in white, changed such of his clothes as were stained by blood.
The first act of this bloody tragedy being now over, the
under-sheriff went to Balmerino's apartments to give him notice that his time was come.
"I suppose", said his lordship on seeing this functionary enter, "my Lord
Kilmarnock is no more". Being answered in the affirmative, he asked the under-sheriff
how the executioner had performed his duty, and upon receiving the account, he said,
"then it was well done, and now, gentlemen, (continued the inflexible Balmerino,
turning to his friends), I will detain you no longer, for I desire not to protract my
life". During the time spent in Kilmarnock's execution Balmerino had conversed
cheerfully with his friends, and twice refreshed himself with a bit of bread and a glass
of wine, desiring the company to drink him "a degree to heaven". Saluting each
of his friends in the most affectionate manner, he bade them all adieu, and leaving them
bathed in tears, he hastened to the scaffold, which he mounted with a firm step.
The strong feeling of pity with which the spectators had beheld the
handsome though emaciated figure of the gentle Kilmarnock gave place to sensations of
another kind, when they beheld the bold and strongly-built personage who now stood on the
stage before them. Attired in the same regimentals of blue turned up with red which he had
worn at the battle of Culloden, and treading the scaffold with a firm step and an
undaunted air, he gloried in the cause for which he suffered, and forced the assembled
multitude to pay an unwilling tribute of admiration to his greatness of soul. His friends,
on beholding the apparatus of death, expressed great concern; but his lordship reproved
their anxiety. His lordship walked round the scaffold, and bowed to the people. He then
went to the coffin, and reading the inscription, said it was correct. With great composure
he examined the block, which he called "pillow of rest". He then put on his
spectacles, and, pulling a paper from his pocket, read it to the few persons about him, in
which he declared his firm attachment to the house of Stuart, and stated that the only
fault he had every committed deserving his present fate, and for which he expressed his
sincere regret, was in having served in the armies of the enemies of that house, Queen
Anne and George I. He complained that he had not been well used by the lieutenat of the
Tower, but that having received the sacrament the day before, and read several of the
Psalms of David, he had forgiven him, and said that he now died in charity with all men.
Calling at lasy for the executioner, that functionary stepped
forward to ask his forgiveness, but Balmerino interrupted him, and said, "Friend, you
need not ask my forgiveness; the execution of your duty is commendable". Then
presenting him with three guineas, his lordship added, "Friend, I never had much
money; this is all I have, I wish it was more for your sake, and I am sorry I can add
nothing else to it but my coat and waistcoat". These he instantly took off, and laid
them down on the coffin. He then put on the flannel waistcoat which he had provided, and a
tartan cap on his head, to signify, as he said, that he died a Scotchman; and going to the
block, placed his head upon it in order to show the executioner the signal for the blow,
which was by dropping his arms. Returning then to his friends, he took an affectionate
farewell of them, and, surveying the vast numbers of spectators, said, "I am afraid
there are some who may think my behaviour bold; but", addressing a gentleman near
him, he added, "remember, Sir, what I tell you; it arises from a confidence in God,
and a clear conscience".
Observing at this moment the executioner with the axe in his hand,
he went up, and, taking it from him, felt the edge. On returning the fatal instrument,
Balmerino showed him where to stike the blow, and encouraged him to do it with resolution,
"for in that, friend", said he, "will consist your mercy". His
lordship, then, with a countenance beaming with joy, knelt down at the block, and
extending his arms, said the following prayer:- "O Lord, reward my friends, forgive
my enemies, bless the prince and the duke, an dreceive my soul". He then instantly
dropt his arms. The executioner, taken unawares by the suddeness of the signal, hurriedly
raised the axe, and missing his aim, struck the ill-fated lord between the shoulders, a
blow which, it has been said, deprived the unfortunate nobleman of sensation; but it has
been averred by some of the spectators, that Balmerino turned his head a little round upon
the block, gnashed his teeth, and have the executioner a ghastly stare. Taking immediately
a better aim, the executioner gave a second blow, which almost severed the head from the
body, and deprived the noble victim of life. The body having fallen from the block, it was
instantly replaced, and the executioner, once more raising the fatal weapon, finished the
task. The head was received in a piece of red cloth, and deposited along with the body in
the coffin, and being put into a hearse, was carried to the chapel of the Tower, and
buried with that of Lord Kilmarnock, near the remains of Lord Tullibardine. Mr Humphreys,
curate of the chapel, read the funeral services, and when he came to the words, "Dust
to dust, ashes to ashes", two gentlemen, friends of the deceased, took up the spades
and performed the office of grave-diggers.
For a time the unhappy fate of the two lords almost exclusively
engaged the attention of the public; and in private circles, as well as in the periodicals
of the day, the conduct and bearing of the unfortunate noblemen were viewed and commented
upon according to the partialities and feelings of the parties. By the whigs, and
generally by all persons of a real or affected seriousness of mind, Kilmarnock was
regarded as a perfect model of the dying Christian, who, though he had been guilty of base
ingratitude to the government, and had told a falsehood at his trial, had fully atoned for
his offences by his contrition; whilst his companion in suffering was looked upon as an
incorrigible rebel, who had braved death with an unbecoming levity. The Jacobites,
however, and even some of the friends of the revolution settlement, whilst they could not
but admire the calm resignation of Kilmarnock, heartily despised the cringing
pusullanimity which he displayed to soften the resentment of the government. Balmerino was
viewed by them in a very different light. Whilst the Jacobites looked upon him as an
illustrious martyr, who had added a lustre to their cause by his inflexible intrepidity
and the open avowal of his sentiments, the other section of his admirers applauded his
courage, and paid a just tribute to his honesty. The more dispassionate judgement of
posterity has done ample justice to the rectitude and magnanimity of this unfortunate
nobleman.