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
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