The English parliament met on the 9th of January, 1716. The commons agreed, on the motion of Mr. Lechmere, to impeach Lords Derwentwater, Nithsdale, Wintoun, Carnwath, and Kenmure, of high treason. The articles of impeachment were carried up to the lords the same night, and on the next day these peers were brought to the bar of the house of lords to hear the articles of impeachment read. They were brought back from the Tower on the 19th, when they all pled guilty to the charge of high treason, except the Earl of Wintoun, who petitioned for a longer time to give in his answers. The rest received sentence of death on the 9th of February, in Westminster-hall. The Countess of Nithsdale and Lady Nairne surprised the king as he was passing through his apartments at St. James’s, and throwing themselves at his feet implored his mercy in behalf of their husbands; but he turned away from them with contemptuous indifference. The Countess of Derwentwater was equally unsuccessful, though introduced by the Dukes of Richmond and St. Albans into the king’s bed-chamber, and accompanied by the Duchesses of Cleveland and Bolton.
This refusal on the part of the king raised up a number of advocates in both houses of parliament, in behalf of the unfortunate noblemen. Availing themselves of this feeling, the ladies of the condemned lords, accompanied by about twenty others of equal rank, waited in the lobby of the house of peers, and at the door of the house of commons, and solicited the intercession of both houses. Next day they petitioned the houses. The commons rejected the application, and to get quit of further importunity adjourned for six or seven days, by a small majority; but the result was different in the house of lords. Petitions, craving the intercession of that house, were presented from the condemned peers, which being read, after considerable opposition, a motion was made to address his majesty to grant them a reprieve. This occasioned a warm debate; but before the vote was taken, an amendment was proposed to the effect, that his majesty should reprieve such of the peers as should seem to deserve his mercy. It was contended by the supporters of the original address, that the effect of this amendment would be to destroy the nature of the address, as from the nature of the sentence which had been passed, none of the condemned peers could deserve mercy; but the amendment was substituted, and on the vote being taken, whether the address should be presented, it was carried present, by a majority of five votes. It is said that on one of the peers afterwards observing to the mover of the amendment, that it looked as if its object was to defeat the vote, and make it of no use to the persons for whose benefit it was intended, the proposer observed, that such was his intention in moving it.[745]
The king was evidently chagrined at the conduct of the house, and when the address was presented, he informed the deputation, that on this as on all other occasions, he would do what he thought most consistent with the dignity of the crown, and the safety of his people. The Earl of Nottingham, president of the council, who had supported the petitions of the condemned lords, together with Lord Aylesford, his brother, Chancellor of the Duchy of Lancaster, Lord Finch, his son, one of the lords of the treasury, and Lord Guernsey, master of the jewel office, were all removed from office; and to show the determination of the king, orders were issued on the same day the address was delivered, for executing the Earls of Derwentwater and Nithsdale, and Viscount Kenmure the following day. The other three peers were reprieved to the 7th of March. The Earl of Nithsdale, by the assistance of his heroic wife, made his escape the night before the execution, dressed in female attire. When the king heard of his escape next morning, he observed, that “it was the best thing a man in his condition could have done.”[746]
On the morning of the 24th of February the Earl of Derwentwater and Viscount Kenmure were beheaded on Tower-hill. On ascending the scaffold, Derwentwater knelt down, and having spent some time in prayer, he got up, and drawing a paper out of his pocket, read a short address. He hoped for forgiveness through the passion and death of his Saviour; apologised to those who might have been scandalized at his pleading guilty at his trial, excusing himself for doing so on the ground that he was made to believe that it was only a consequence of having submitted to mercy, acknowledged as his only right and lawful sovereign, King James III., and earnestly hoped for his speedy restoration; and died, as he had lived, a Roman Catholic. He displayed the utmost coolness and perfect self-possession.
As soon as the remains of the Earl of Derwentwater were removed, Viscount Kenmure was brought up to the scaffold. Like Derwentwater, he expressed his regret for pleading guilty to the charge of high treason, and prayed for “King James.” After praying a short time with uplifted hands, he advanced to the fatal block, and laying down his head, the executioner struck it off at two blows.
The Earl of Wintoun, on various frivolous pretences, got his trial postponed till the 15th of March, when he was brought finally up, and, after a trial which occupied two days, was found guilty, and received sentence of death; but his lordship afterwards made his escape from the Tower and fled to France.
On the 7th of April a commission for trying the other rebels met in the court of Common Pleas, Westminster, when bills of high treason were found against Mr. Forster, Brigadier Mackintosh, Colonel Oxburgh, Mr. Menzies of Culdares, and seven of their associates, and on the 10th bills were found against eleven more. Forster escaped from Newgate, and so well had his friends concerted matters, that he reached Calais in less than 24 hours. The trials of Brigadier Mackintosh and others were fixed for the 4th of May, but about eleven o’clock the preceding night, the brigadier and fifteen other prisoners broke out of Newgate, after knocking down the keepers and disarming the sentinels. Eight were retaken, but Mackintosh and seven others escaped. The trials of the prisoners who remained proceeded: many of them were found guilty; and five, among whom were Colonel Oxburgh and Mr. Paul, a non-jurant clergyman of the Church of England, were executed at Tyburn. Twenty-two prisoners were executed in Lancashire. The remainder of the prisoners taken at Preston, amounting to upwards of 700, submitted to the king’s mercy, and having prayed for transportation, were sold as slaves to some West India merchants; a cruel proceeding, when it is considered that the greater part of these men were Highlanders, who had joined in the insurrection in obedience to the commands of their chiefs.[747]
The severities exercised by the government, and the courage and fortitude displayed by the unfortunate sufferers, wrought an extraordinary change in the dispositions of the people, who began to manifest great dissatisfaction at proceedings so revolting to humanity. Though the rebellion was extinguished, the spirit which had animated it still remained, being increased rather than diminished by the proceedings of the government; and the Tories longed for an opportunity of availing themselves of the universal dissatisfaction to secure a majority favourable to their views at the next general election. The Whigs, afraid of the result of an early election as destructive to themselves as a party and to the liberties of the country, had recourse to a bold measure, which nothing but the most urgent necessity could justify. This was no other than a plan to repeal the triennial act, and to prolong the duration of parliament. It is said that at first they intended to suspend the triennial act for one election only, but thinking that a temporary measure would appear a greater violation of constitutional law than a permanent one, they resolved to extend the duration of parliament to seven years. A bill was accordingly brought into the house of lords on the 10th of April by the Duke of Devonshire, which, notwithstanding much opposition, passed both houses, receiving the royal assent on the 7th of May. On the same day an act of attainder against the Earls Marischal, Seaforth, Southesk, Panmure, and others, also received his majesty’s sanction. An act of attainder against the Earl of Mar, the Marquis of Tullibardine, the Earl of Linlithgow, Lord Drummond, and other leaders of the insurrection, had received the royal assent on the 17th of February preceding. Besides these bills, three others were passed, one attainting Mr. Forster and Brigadier Mackintosh; another for more effectually securing the peace of the Highlands; a third appointing commissioners to inquire into the estates of those persons who had been attainted or convicted.
While the parliament was thus engaged in devising measures for maintaining the public tranquillity, General Cadogan was employed in dispersing some hostile bands of the clans which still continued to assemble with their chiefs in the remoter parts of the Highlands. Hearing that the Earl of Seaforth had retired into the island of Lewis, where he had collected a considerable body of his men under the command of Brigadier Campbell of Ormundel, an officer who had just arrived from Muscovy, where he had served in the army of the Czar, he sent a detachment into the island under the command of Colonel Cholmondely to reduce it. The earl, on the appearance of this force, crossed into Ross-shire, whence he escaped to France; and Campbell being abandoned by his men after he had formed them in order of battle, was taken prisoner while standing in a charging posture. Another detachment under Colonel Clayton, was sent into the isle of Skye, where Sir Donald Macdonald was at the head of about 1,000 men; but the chief made no resistance, and having no assurance of protection from the government in case of a surrender, retired into one of the Uists, where he remained till he obtained a ship which carried him to France. About this time three ships arrived among the western islands from France with military supplies for the use of the insurgents, but they came too late to be of any service. Two of them, after taking 70 gentlemen on board, immediately returned to France, and the third, which carried fifty chests of small arms, and one hundred and fifty barrels of gunpowder, and other military stores, was captured while at anchor near Uist by an English ship of war.
In consequence of instructions from government, General Cadogan issued an order, which was intimated at the different parish churches in the north, requiring the rebels to surrender themselves and to deliver up their arms, assuring them, that such as complied should have liberty granted to return home in safety, but threatening to punish rigorously those who refused to comply. This order was generally obeyed by the common people in the Lowlands, who had been engaged in the insurrection; but few of the Highlanders seemed to regard it. To enforce compliance, Cadogan despatched different detachments through the Highlands, and took up his quarters at Blair Athole, where he could more easily communicate with the disaffected districts. He next removed to Ruthven in Badenoch, and afterwards proceeded to Inverness, where he received Glengary’s submission. Lochiel, Keppoch, and Clanranald, had resolved to oppose by force the delivery of their arms; but on hearing that Clayton, who had returned from Skye, had resolved to march from Fortwilliam to Lochiel’s house to disarm the Camerons, these chiefs retired, and their men delivered up their arms without resistance. Having succeeded in disarming the Highlands, the general left Inverness on the 27th of April, leaving General Sabine in command, and proceeded to London. The rebellion being now considered completely extinguished, the Dutch auxiliaries were withdrawn from Scotland, and in a short time thereafter were embarked for Holland.