Imbued with these convictions, Colonel Gardiner, when he was retreating at Linlithgow with the troops under his command, spoke unguardedly to Lord Kilmarnock of the prospects of the English army, and thus confirmed the wavering inclination of that ill-fated nobleman to follow Charles Edward.[333] The decisive step was not, it appears, taken until after the battle of Preston Pans, in which Colonel Gardiner, who had a mournful presentiment of the event of that engagement, fell, after a deportment truly worthy of the British soldier, and of the Christian. This brave officer, after having received two wounds, fought on, his feeble frame animated by the almost supernatural force of strong determination. As he headed a party of foot who had lost their leader, and cried out, "Fire on, my lads, fear nothing;" his right-arm was cut down by a Highlander who advanced with a scythe, fastened to a pole. He was dragged from his horse; and the work of butchery was completed by another Highlander, who struck him on the head with a broadsword: Gardiner had only power to say to his servant, "Take care of yourself." The faithful creature hastened to an adjoining mill for a cart to convey his master to a place of safety. It was not until two hours had elapsed, that he was able to return. The mangled body, all stripped and plundered, was, even then, still breathing; and the agony of that gallant spirit was protracted until the next day, when he expired in the house of the minister of Tranent.

This digression, introducing as it does, one of the real heroes of this mournful period, may be pardoned.

According to the evidence on his trial, Lord Kilmarnock first joined the standard of Charles Edward on the "banks of the river which divides England from Scotland;"[334] but Maxwell of Kirkconnel mentions that the Earl marched from Edinburgh on the thirty-first of October, 1745, at the head of a little squadron of horse grenadiers, with whom were some Perthshire gentlemen, who, in the absence of their own commander, were placed under the conduct of Lord Kilmarnock.[335] After this decisive step, Lord Kilmarnock continued to follow Charles during the whole of that ill-fated campaign, which ended in the battle of Culloden. During the various events of that disastrous undertaking, his character, like that of many other commanders in the Chevalier's army, suffered from imputations of cruelty. That this vice was not accordant with his general disposition of mind, the minister who attended him on his death-bed sufficiently attests. "For myself," declares Mr. Foster, "I must do this unhappy criminal the justice to own, that he never appeared, during the course of my attendance upon him, to be of any other than a soft, benevolent disposition. His behaviour was always mild and temperate. I could discern no resentment, no disturbance or agitation in him."[336] So gentle a character is not the growth of a day; and if ever Lord Kilmarnock were betrayed into actions of violence, it must have been under circumstances of a peculiar nature.

Among other charges which were specified against him, was a participation in the blowing up of the church of St. Ninian's, in the retreat from Stirling. But when, in the retirement of his prison chamber, the unfortunate nobleman reviewed his conduct, and confessed the errors of his life, he fully and satisfactorily cleared himself from the heinous imputation implied in this work of destruction. When the army of Charles were retiring from Stirling he was confined to his bed ill of a fever. The first intimation that he had of the blowing up of the tower of St. Ninian's was the noise, of which he never could obtain a clear account. By the insurgents it was represented as accidental: "this can I certainly say, as to myself, that I had no knowledge before hand, nor any concurrence in a designed act of cruelty." Such was Lord Kilmarnock's declaration to Mr. Foster.

Another instance of barbarity also laid to the charge of the Earl was, his alleged treatment of certain prisoners of war who were intrusted to his care in the church of Inverness. He was accused of stripping these unfortunate persons of their clothes. Upon this point he admitted that an order to deprive the prisoners of their garments for the use of the Highlanders was issued by Charles Edward: that the warrant for executing this order was sent to him. He did not, as he declared, enter the church in person, but committed the office of execution to an inferior officer. The prisoners, as might be expected, refused to submit to this indignity; upon which a second order was issued, and their clothes were taken from them. The well-timed remonstrance of Boyer, Marquis D'Eguilles, who had been sent by the court of France in the character of Ambassador to Charles Edward, arrested, however, the act of cruelty, which not even extreme necessity can excuse. This nobleman had arrived some time previously at Montrose, bringing in the ship in which he sailed, arms and a small sum of money,[337] and his influence, which was exerted in behalf of the captives, was happily considerable. He represented to the Earl of Kilmarnock, that the rules of war did not authorise the outrage which was contemplated. Lord Kilmarnock, convinced by his remarks, repaired to Charles Edward, leaving heaps of the clothes lying in the streets of Inverness, with sentinels standing to guard them. By the arguments which he addressed to the Prince, these garments were restored to their unfortunate owners; and a great stain on the memory both of Charles and of his adherent was thus partially effaced.

Of such a nature were those imputations which were charged upon Lord Kilmarnock; but they appear to have met with only a transient credence; whilst a general impression of his gentleness, and a prevailing regret for his fate endured as long as the memory of the dire contest, and of its tragical termination, dwelt in the recollection of those who witnessed those mournful times.

After the battle of Culloden, the prisoners were immediately set free. The Duke of Cumberland, as he entered Inverness, taking his road amid the carcasses of the dead strewed in the way, called for the keys of the prisons, and with his own hands released the captives there, and, clapping them on the shoulders as they came down stairs, exclaimed, "brother soldiers, you are free."[338] Unfortunately his compassion was of a party nature, and was only aroused for his own adherents.

At Culloden, fatal to so many brave men, Lord Kilmarnock was spared only to taste much more deeply of the pangs of death than if he had met it in battle. His fate had, indeed, been anticipated by the superstitious; and it was considered a rash instance of hardihood in the unfortunate nobleman to resist an omen which, about a year before the rebellion had broken out, is said to have happened in his house.

One day, as the maid who attended usually upon Lady Kilmarnock was inspecting some linen in an upper room of Dean Castle, the door of the apartment suddenly opened of its own accord, and the view of a bloody head, resembling that of Lord Kilmarnock, was presented to the affrighted woman. As she gazed in horror, the head rolled near her. She endeavoured in vain to repel it with her foot. She became powerless, but she was still able to scream; her shrieks brought Lord Kilmarnock and his Countess to the chamber. The apparition had vanished; but she related succinctly the story "which, at that time," says the historian who repeats it,[339] "Lord Kilmarnock too much ridiculed, though it could have been wished that he had been forewarned by the omen. Such was the superstition of the times, in which ignorance and credulity found such ready supporters."

At Culloden, this ill-fated nobleman occupied a post not far from the Prince, in the rear of whom was a line of reserve, consisting of three columns, the first of which, on the left, was commanded by Lord Kilmarnock; the centre column by Lord Lewis Gordon and Glenbucket; and the right by the justly-celebrated Roy Stewart. In the opposite ranks, an ensign in the royal regiment, was his son, Lord Boyd. During the confusion of the fight, when half-blinded by the smoke, the unhappy Lord Kilmarnock, as if fated to fulfil the omen, mistook a party of English Dragoons for FitzJames's Horse, and was accordingly taken prisoner. He was led along the lines of the British infantry. The vaunted beauty of his countenance, and the matchless graces of which so much has been said, were now obliterated by the disorder of his person, and his humiliating position. His hat had been lost in the conflict, and his long hair fell about his face. The soldiers as he was led along stood in mute compassion at this sight. Among those who thus looked upon this unfortunate man was his son, Lord Boyd, who was constrained to witness, without attempting to alleviate, the distress of that moment. When the Earl passed the place where his son stood, the youth, unable to bear that his father should be thus exposed bareheaded to the storm which played upon the scene of carnage, stepped out of the ranks and taking his own hat from his head, placed it on that of his father. It was the work of an instant, and not a syllable escaped the lips of the agitated young man.[340]