Seven noblemen, besides one thousand four hundred and ninety others, including gentlemen and officers, were taken at Preston.[206] Generally speaking, they were treated well by the military: "The dragoons were civil to us," writes the Highlander, "their officers choosing rather to want beds themselves than we should."[207] At Wigan the prisoners were allowed to commune together, under the inspection of sentinels; and a warm altercation occurred between Lord Widdrington and Brigadier Mackintosh, in the presence of Lord Derwentwater, who took little notice of the Brigadier, but turning to another gentleman, said: "You see what we have brought ourselves to by giving credit to our highborn Tories—to such men as Fenwick, Tate, Green, and Allgood. If you outlive misfortune, and return to live in the North, I desire you never to be seen in converse with such rogues in disguise, who promised to join us, and animated us to rise with them." The gentleman promised that he would observe his Lordship's counsels. "Ah!" said Lord Derwentwater, "I know you to be of an easy temper."[208]
The prisoners were now carried on towards London by easy marches, Mr. Patten accompanying his patron, Mr. Forster. As they went, the undaunted Highlanders called out to the country people who came to gaze at them, "Where are all your high-church Tories? If they would not fight with us, let them come and rescue us." This indiscretion redoubled the vigilance of the watch put upon the rebels. From Daventry to London, Mr. Forster and Mr. Patten were greeted by the common people with encomiums upon a warming-pan, in allusion to the supposed birth of the Pretender. When the prisoners arrived at Barnet, messengers came to meet them, and to pinion their arms with cords,—"More for distinction," adds the subservient Mr. Patten, "than for any pain that attended." Yet the indignity must have been cruelly galling to the highborn and gallant men who were thus mercilessly paraded to their doom amid the cries of the populace.
At Highgate a strong detachment of horse-soldiers and dragoons received the prisoners from Lumley's Horse, which had hitherto guarded them; and now they were separated into pairs, a foot-soldier holding the bridle of each horse; and in this manner the Jacobite peers, Lord Derwentwater among the rest, were conducted to London through "a hedge of a mob," as the Highland soldier declares, hired, as he hints, at Lord Pelham's charge, to muster that day. Cries of "Long live King George!" and "Down with the Pretender!" greeted the ear as they passed on to their several destinations. A Quaker, fixing his eyes on Mr. Patten, and seeing his black dress, remarked, "Friend, thou hast been the trumpeter of rebellion to those men,—thou must answer for them." The moralizer was touched by a grenadier with the butt end of his musket, so that the "spirit fell into the ditch." But the Quaker was not rebuffed. "Friend," he said to the soldier, "thou art, I fear, no true friend to King George."
Even at the last, Mr. Forster had hopes, it is said, of being released by a Tory mob. The Jacobite noblemen had been, indeed, all along misled, or ignorant of the real inclinations of the mass of the people. The dread of what they term "popery" is a deep and engrossing passion in the hearts of the lower and even of the middle classes, and it formed an effectual barrier against the restoration of the Stuarts. The cause of those unfortunate Princes was never, in this country, as it was in Scotland, the cause of the people. The personal attachment of the Highlanders to the ancient race of Stuart, and their devotion to their clan, superseded their religious scruples;[209] but that was not the case in the South.
The Earl of Derwentwater and his brother were consigned to different prisons,—the former to the Tower, the latter to Newgate; a very strict guard was set upon the Earl, and no one was allowed to see him or speak to him.[210]
On the seventh of January, 1716, the case of the seven rebel lords[211] was brought before the House of Commons; and Mr. Lechmere moved that they should not be left to the ordinary method of prosecutions, but should be proceeded against by way of impeachment.[212] In a long and, as far as the report enables a reader to judge, able speech, he referred to the declaration of the Pretender, given under his sign manual and privy seal at Commercy, on the twenty-fifth of October, 1715. "This paper," Mr. Lechmere observed, "which he held in his hand, was sufficient to fire the thoughts of every gentleman there; and the House could do no more than to resent this so far as to make themselves the prosecutors of those who avowed the cause of the Pretender, and set themselves at the head of armies, in the heart of his Majesty's dominions." In conclusion, "he impeached James, Earl of Derwentwater, of high treason, which impeachment he undertook to make good."
Six other members then severally impeached the other six Jacobite lords; and an impeachment was carried up to the Bar of the House of Lords, with an assurance "that articles to make good the charge against the Earl of Derwentwater and the other noblemen would shortly be exhibited."
A committee of the House of Commons, with Mr. Lechmere as their chairman, was therefore formed; and the articles were framed, and read before the Bar of the House of Lords. On the tenth of January the Jacobite lords were summoned to hear the articles of impeachment: a few days were allowed to them to prepare their replies. On the following Saturday, the Earl of Derwentwater was brought by the Gentleman Usher of the Black Rod before the Bar, where he knelt, until told by the Lord Chancellor to rise. He then delivered his answer.
Those who, in perusing the annals of these times, look for strength of character in the state prisoners who were now brought before the tribunal of the House of Lords, or for consistency in those principles which had led them into the field, will be painfully disappointed. In two instances alone was there displayed an undaunted demeanour, and a resolute adherence to the cause which they had avowed; and these were shewn in the subsequent rebellion, by the brave and admirable Lord Balmerino, and by the unfortunate Charles Radcliffe.
The Earl of Derwentwater expressed, in his reply, the "deepest concern and affliction to a charge of so high and heinous a nature as that brought against him." He acknowledged with sorrow that he had been in arms, and did march through and invade several parts of the kingdom; and that he was thereby guilty of the offence whereof he was charged in the articles. "But," he continued, "if any one offence of that kind was ever attended with circumstances which might move compassion, the said Earl hopes he may be entitled to it." He then referred to his peaceable disposition, and pleaded his youth and inexperience; the absence of all malice, of all concerted conspiracy; his having made no warlike preparations. He pleaded also, that he could not be justly reproached with any cruel or harsh conduct while he bore arms: he specified his advice to those with him to submit at Preston, and to trust to the King's mercy. He adduced his anxiety to save the lives of his Majesty's subjects by avoiding further bloodshed, and brought in proof a letter which he had written to those of his own party, conjuring them to capitulate. Under such circumstances, the Earl implored the mediation both of their Lordships and of the Commons for mercy on his behalf, "which will lay him," so he declared in conclusion, "under the highest obligations of duty and affection to his Majesty, and perpetual gratitude to both Houses."