# The Stature, Dress, and Likeness, of the Rebel Lords

The Stature, Dress, and Likeness, of the Rebel Lords. Together with the Speech made by the Eloquent High Steward of England when He Pronounced Sentence upon them.
Unknown to other each Design,
In deep Distress our Looks we join,
Oh could our Looks a Thought convey,
We all should find one Common Plea!
Our Guilt alas too Plain appears;
And lo! the Object of our Fears.
Plead Guilty you, and I plead not,
We are all fairly in the Plot.
ONDAY Morning July 28 1746, about 8 o'Clock, the three Rebel Lords were brought from the Tower under a strong Guard, in three several Coaches to Westminker-hall and were there received by General Folliot, from the Deputy Governor of the Tower, then the Axe was carried before them into the Hall, with the Edge from them, and they were placed in separate Rooms.
About Nine o'Clock the Lord High Steward came in a grand Procession, with five Led Coaches, and his Body Coach with his Attendants before him; after which the State Coach came, and ten Footmen bare headed.
When he came to the New-Palace-Yard, the Drums beat and the Soldiers rested their Muskets as they do to the Royal Family; & the same was observ'd when his Grace came from the House of Peers.
Then the Lord Chief Justice of England; the Master of the Rolls, and the rest of the Judges in Town, and the Masters in Chancery followed in Procession to the House of Peers.
Sir Wm Sanderson, Bart Deputy Usher of the Black Rod was in the Coach with the Lord High Steward, and carried the White Wand.
Afterwards the Lords were marshalled in the Painted Chamber, and walk'd in Procession, according to their Dignity.
The Lords having taken their Places, the Clerk of the Crown in Chancery presented the Comission, appointing a Lord Hight Steward, to the Lord Chancellor on his Knee, and the same being delivered to the Clerk of the Crown, it was read, all the Lords standing up uncover'd.
Then the Staff was delivered to the Lord High Steward by Garter King at Arms, and the Gentleman Usher of the Black Rod.
After which, the Earl of Kilmanock was arraign'd by the Crown, and pleaded Guilty.
The Earl of Cromanie likewise pleaded Guilty; and submitted themselves to his Majesty's Mercy. After which they were allowed to be in a Room together during the other Lords Trial, and refresh'd themselves with a Glass of Wine, &c.
The Lord Balmarino pleaded not Guilty; and the Lords adjourn'd to their own House to debate a Point of Law, which arose in his Defence, which being over, they reunited into Court, in the faire most regular grand and solemn Order as before, (all in their Robes) and proceeded to the Examination of Witnesses. Four of which were fully proved the Charges against him; One of them proved him to be at Carlisle, and to have been a Colonel in the Pretener's Son's 2d Troop of Body Guards. The Lord High Steward then ask'd him, if he had any Witnesses, or any thing farther to offer in his Defence; To which he replied, he was sorry to give their Lordships so much Trouble; and said he had nothing more to say. It was then signified to the Gentleman Goaler he should withdraw his Prisoner, which being done, the Lord High Steward, assisted by one of the King's at Arms, collected the Votes from the Peers, [three only of the whole body being absent.] beginning with the Junior Baron, and their Lordships laying their Hands upon their Hearts, unanimously, declared the Prisoner Guilty of the High Treason of which he stood indicted. Lord Balermino was then brought into Court, to be acquainted by his Grace the Lord High Steward of the Opinion of the Peers, the Gentlemen who bore the Aze standing near the Bar, and gradually turning the Point round to the Prisoner as his Grace was speaking to him, his Lordship during this extraordinary Juncture of time never chang'd his Countenonce, and returning a Cow to the Lords as they withdrew to the Parliament House, was with the two other Lords carried back to the Tower, through a prodigious Concourse of People about seven o'Clock in the Evening.
They were again carried on Wednesday July 30th when the Court being set after the same manner as on Monday, and the three Peers there convicted of High Treason, being brought to the Bar to receive Sentence, The Lord High Steward, asked Lord Kilmarnock, if he had any thing to offer why Judgment of Death should not pass upon him? to which he replied, He could say nothing in Arrest of Judgment, but desired Leave to spepk a few Words, which being granted, he said, That ever since he had been capable of Judging for himself, he had by all his Actions, whenever it was in his power, endeavoured to show the strictest Attachment to his present Majesty; that he had a Son who had the Honour to bear his Majesty's Commission, who by all his Actions had fully testified he had Educated him in the highest Notions of Revolution Principles, which were the same he was taught by the best of Fathers, and without which, it was impossible for the Liberties, &c. of the Nation to subsist; that he did not engage in the Rebellion till late, viz. after the Battle of Breston-Pans, and that it had been his constant Care the whole Time of his being with them, to prevent as much Mischief as possible, being committed upon his Majesty's Subjects Solders, or others; that he might very easily have got off at the Time he surrendered, being pursued by none, but being sensible he must preserve his Life by the same Methods which had been unhappily made Use of for the Destruction of his Country, he chose rather to submit to his Majesty's Mercy: That he had heard the French King had interfered on pretence of getting Pardon for them: That he abhorred the thoughts of a French King's presuming to dictate to a King of Britain how he should treat his offending Subjects and if he had any Mercy, should only desire to receive it by the Intercession of Britons: but if Justice would not permit Mercy to take Place, he should then with his last Breath pray for his Majesty's Posterity, and the Prosperity of his Country —— The Earl of Cromartie recommended himself to the King's Mercy, and desired their Lordships Intercession. —— As for the Lord Balmerino, he pleaded that the Grand Jury of Surry had no right to find Bills against him as being at the taking the City and Castle of Carlisle since it had not been at all proved that he was present thereat; he therefore said, if they had no Right to find Bills against him, he humbly moved the Indictment might be quashed, or that he might be allowed Council: the Lords after some Debate agreed he should have Council assigned him, and accordingly at his Request Mr Wilbraham and Mr Forrester were appointed; and the Lords ordered him to prepare for Judgment on Friday.
The Lord High Steward went again on Friday August 1. to the House of Peers in grand Procession, and after being seated, and the Peers in their Robes, Proclamation was made for Silence, and for bringing the Prisoners to the Bar, which was done accordingly with the Ax carried before them.
The Lord Balmerino was ask'd by the Ld High Steward, if his Council should be heard in Arrest of Judgment, as was offer'd by him; but he answer'd, that he was advis'd by his Council that there was nothing to offer.
Then the Earls of Kilmarnock and Cromartie were ask'd if they had any thing to propose why Judgment should not pass against them; to which they answer'd in the Negative
Lord Balmerino was also ask'd the same Question, and made the like Answer; but confess'd his Crime, begg'd Pardon for the Trouble he had given their Lordships, and humbly impor'd their Intercession to his Majesty for Mercy.
The Earl of Cromartie, Lord Kilmarnock, and Lord Balmerino.
YOU stand Impeached by the Commons of Great Britain's Parliament assembled of High Treason, in traiterously imagining and compassing the Death of his most sacred Majesty, and in conspiring, for that End, to levy a bloody and destructive War against his Majesty, in order to depose and murder him: and in levying War accordingly, and proclaiming a Pretender to his Crown, to be King of these Realms.
Which Impeachement, though your Lordships in the Introduction to your Plea, supposes to be out of the ordinary and common Course of the Law and Justice, is yet as much a Course of Proceeding according to common Law, as any other whatsoever.
If you had been Indicted, the Indictment must have been moved and brought before the House of Lords, the Parliament sitting. In that Case you had, 'tis true, been accused only by the Grand Jury of one County, in the present, the whole Body of the Commons of Great Britain, by their Representatives, are your Accusers.
And this Circumstance is very observable, (to exclude all possible Supposition of Hardship, as to the Method of proceeding against you) that however all great Assemblies amongst us areant to differ on other Points, you were impeached by the ananimous Opinion of the House of Commons, not one contradicting
It is my Duty to exhort your Lordships this, to think of the Aggravations, sa well as the Mitigations (if their be any) of your Offences; and, if I could have the Least Hopes, that the Prejudies of Habit and Education would not be too strong for the most earnest and charitable Entreaties, I would not beg you to rely any longer on those Directors of your Consciences by whose Conduct you have, very probably, been led into this miserable Condicion; but that your Lordships would be assisted by some of those pious and learned Divines of the Church of England, who have constantly borne that infallible Mark of sincere Christians, universal Charity.
And now, my Lords, nothing remains, but that I pronounce upon you (and sorry I am that it falls to my Lot to do it) that terrible Sentence of Law, which must be the same that is usually given against the meanest Offender in the like Kind.
The most ignominious and painful Parts of it are usually remited by the Grace of the Crown, to Persons of your Quality; but the Law in this are being deaf to all Distinctions of Persons, requires I should pronounce, and accordingly it is adjudged by the Court.
That you William Earl of Kilmarnock, George Earl of Cromartie, and Arthur Lord Balmerino, return to the Prison of the Tower from whence you came from there you must be drawn to the Place of Execution; when you come there you must be hang'd by the Neck, but not till you be dead, for you must be cut down alive, then your Bowels must be taken out and burnt before your Eyes, then your Heads must be severd from your Bodies, and each of your Bodies divided into four Quarters, and those must be at the King's Disposal. And God Almighty be merciful to your Souls.
Which done the Prisoners were taken from the Bar.
Then the Serjeant at Arms, crying O Yes said,
Our Sovereign Lord the King strictly charges and commands all manner of Persons to keep Silence upon Pain of Imprisonment.
After Which the Lord High Steward stood up, uncovered, and declaring there was nothing more to be done by virtue of the Present Comission, broke the Staff and pronounced it dissolved and then leaving the Chair came down to the Woolpacks and ask'd if it was their Lordships Pleasure to ajdourn to the House of Lords, which being agreed to, the House adjourn'd to the Chamber of Parliament and they all return'd in the same Order they came down.
Thanks were order'd to be given to the Lord High Steward for the Speech made by him on the Conviction of the Lords on the Bill of Indictment found against them of High Treason and that the Lord High Chancellor do cause the said Speech to be forthwith printed and publish'd
FINIS
This work was published before January 1, 1929, and is in the public domain worldwide because the author died at least 100 years ago.
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