Part 44

"I was in Switzerland in the year 1734, where I received a letter from my father acquainting me that he had procured me remission, and desiring me to return home. Not thinking myself at liberty to comply with my father's desire without the King's approbation, I wrote to Rome to know his Majesty's pleasure, and was directed by him to return home; and at the same time I received a letter of credit upon his banker at Paris, who furnished me with money to defray the expense of my journey, and put me in repair. I think myself bound, upon this occasion, to contradict a report which has been industriously spread, and which I never heard of till I was prisoner; that orders were given to the Prince's army to give no quarter at the battle of Culloden. With my eye upon the block, which will soon bring me unto the highest of all tribunals, I do declare that it is without any manner of foundation, both because it is impossible it could have escaped the knowledge of me, who was captain of the Prince's Life Guards, or of Lord Kilmarnock, who was colonel of his own regiment; but still more so, as it is entirely inconsistent with the mild and generous nature of that brave Prince, whose patience, fortitude, intrepidity, and humanity, I must declare upon this solemn occasion, are qualities in which he excels all men I ever knew, and which it ever was his desire to employ for the relief and preservation of his father's subjects. I believe rather, that this report was spread to palliate and excuse the murders they themselves committed in cold blood after the battle of Culloden.

"I think it my duty to return my sincere acknowledgments to Major White and Mr. Fowler, for their humane and complaisant behaviour to me during my confinement. I wish I could pay the same compliment to General Williamson, who used me with the greatest inhumanity and cruelty; but having taken the sacrament this day, I forgive him, as I do all my enemies.

"I die in the religion of the Church of England, which I look upon as the same with the Episcopal Church of Scotland, in which I was brought up."

After delivering this speech, Lord Balmerino laid his head upon the block, and said, "God reward my friends, and forgive my enemies: bless and restore the King; preserve the Prince, and the Duke of York,--and receive my soul."

The executioner then being called for, and kneeling to ask forgiveness, Lord Balmerino interrupted him. "Friend, you need not ask my forgiveness; the execution of your duty is commendable." He then gave the headsman three guineas, saying, "this is all I have; I can only add to it my coat and waistcoat," which, accordingly, he took off, laying them on the coffin for the executioner. After putting on a flannel jacket made for the occasion, and a plaid cap, he went to the block in order to show the executioner the signal. He then returned to his friends. "I am afraid," he said, addressing them, "that there are some here who may think my behaviour bold: remember, sir," he added, addressing a gentleman near him, "what I tell you; it arises from a just confidence in God, and a clear conscience." Memorable, and beautiful words, distinguishing between the presumption of indifference, and the security of a living faith. When he laid his head on the block to try it, he said, "if I had a thousand lives I would lay them all down in the same cause."

Lord Balmerino then showed the Executioner where to strike the blow; he examined the edge of the axe, and bade the man to strike with resolution; "for in that, friend," he said, as he replaced the axe in the hand of the man, "will consist your mercy." He asked how many strokes had been given to Lord Kilmarnock. Two clergymen coming up at that moment, he said, "no, gentlemen, I believe you have already done me all the service you can." He called loudly to the warder, and gave him his perriwig; and instantly laid down his head upon the block, but being told that he was on the wrong side, he vaulted round, and extending his arms uttered this short prayer: "O Lord, reward my friends, forgive my enemies:"--he uttered, it has been stated, another ejaculation for king James; but that petition was suppressed in the printed accounts of his death: then, pronouncing these words, "receive my soul," he gave the signal by throwing up his arm, as if he were giving the signal for battle. His intrepidity, and the suddenness of that last sign terrified the executioner, whose arm became almost powerless; the affrighted man struck the blow on the part directed, but though, it is hoped, it destroyed all sensation, the head was not severed, but fell back on the shoulders, exhibiting a ghastly sight. Two more strokes of the axe were requisite to complete the work. Then, the head having been received in a piece of scarlet cloth, the lifeless remains of the true, and noble hearted soldier were deposited in a coffin, and delivered to his friends.

A vast multitude viewed this spectacle, so execrable in its cruelty, so great in the deportment of the sufferers. Even on the masts of ships, in the calm river, were the spectators piled; all classes of society were interested in this memorable scene; and, for a few short weeks, the fashionable circles were diverted by the humours of Lady Townshend, and the witticisms of George Selwyn. During the imprisonment of Kilmarnock, it had been the fancy of the former to station herself under the window of his chamber in one of the dismal towers in which he was detained; to send messages to him, and to obtain his dog and snuff-box. But even this show of affected feeling failed to make compassion fashionable in the regions of St. James's. Calumny was busy at the grave of the beheaded Jacobites; and the accounts of those who attended them in their last hours were attacked by anonymous pamphleteers. It was said, among other things, that Balmerino uttered no prayer at the last moment; and his behaviour was contrasted with that of Kilmarnock. On this allegation, Mr. Ford, the Under-Sheriff, who was on the scaffold, observes, "the authors of these attacks being concealed are unworthy of other notice, since nothing is easier to an ingenious and unprejudiced mind, than to distinguish between the subject and the man: my Lord Kilmarnock was happily educated in right principles, which he deviated from, and repented; whereas, the great, though unhappy Balmerino, was unfortunate in his,--but, as he lived, he died."

The characters of these two noblemen, who, in life, held a very dissimilar course, until they cooeperated in arms, are strongly contrasted. To Kilmarnock belonged the gentle qualities which enhance the pleasures of society, but often, too, increase its perils: the susceptible, affectionate nature, not fortified by self-controul; the compassionate disposition, acting rather from impulse than principle. Infirm in principle, his rash alliance with a party who were opposed to all that he had learned to respect in childhood; and whom he joined, from the stimulus of a misdirected ambition, cannot be justified. To this, it was generally believed, he was greatly incited by the persuasions of his mother-in-law, the Countess of Errol.

Whilst we bestow our cordial approbation on those who engaged in civil strife from a sense of duty, and from notions of allegiance, which had never been exterminated from their moral code, we condemn such as, attaching themselves to the Jacobite party, outraged their secret convictions, betrayed the trusts of Government, and violated the promise of their youth. Such a course must spring either from selfishness, or weakness, or from a melancholy union of both. In Lord Kilmarnock it was far more the result of weakness than of self-interest: his fortunes were desperate, and his mind was embittered towards the ruling government: his admiration was attracted by the gallantry and resolution of those who adhered to the Chevalier: his sense of what was due to his rank, and the consciousness of high descent, coupled with empty honours and real poverty, stimulated him to take that course which seemed the most likely to regain a position, without ever enjoying which a man may be happy, but which few can bear to lose. This was his original error; he joined the standard of Charles Edward,--but he was no Jacobite. He fought against his own convictions, the hereditary and ineffaceable prepossessions implanted in the heart by a parent.

From henceforth, until immured in the Tower, all in the career of Lord Kilmarnock was turbulence; and, it must be acknowledged, crime. For nothing can justify a resistance of sovereign power, save a belief in its illegality. "I engaged in the rebellion," was Lord Kilmarnock's confession, "in opposition to my own principles, and to those of my family; in contradiction to the whole tenor of my conduct." Such were his expressions at that hour when no earthly considerations had power to seduce him into falsehood.

By those historians who espouse the Jacobite cause, this avowal has been severely censured; and Lord Kilmarnock has been regarded as deserting the party which he had espoused. But, with his conviction, such a line of conduct as that which he pursued in prison, could alone be honest, and therefore alone consistent with his religious hopes, before he quitted life. Such censure has been well answered in Lord Kilmarnock's own words, "I am in little pain for the reflections which the inconsiderate or prejudiced part of my countrymen, (if there are any such whom my suffering the just sentence of the law has not mollified,) may cast upon me for this confession. The wiser or more ingenious will, I hope, approve my conduct, and allow with me, that next to doing right is to have the courage and integrity to avow that I have done wrong." These sentiments were not, be it observed, made public until after his death.

If, in early life, the career of Lord Kilmarnock were tainted by dissolute conduct, his deep contrition, his sincere confession of his errors, his endeavours to amend them, redeem those very errors in the eyes of human judgment, as they will probably plead for him, with One who is more merciful than man. In his prison, his patience in suspense, his forbearance to those who had urged on his death, his generous sentiments towards his companions in misfortune,--his care for others, his trust in the mercy of his Saviour, present as instructive a lesson as mortals can glean from the errors and the penitence of others.

Contrasted with the gentle, unfortunate Kilmarnock, the gallant bearing of Balmerino rises to heroism. One cannot, for the sake of his party, help regretting that he had not taken a more prominent part in the councils of the young Chevalier, or held a more distinguished position in the field. His integrity, his strong sense, and moral courage might have had an advantageous influence over the wavering, and confirmed the indecisive. In the field, his would have been the desperate valour which suits a desperate cause; but his resources were few, and his influence proportionately small.

The soldier of fortune, driven at an early age from home, sent from country to country, serving, with little hope of advancement, under various generals, Balmerino had learned to view life almost as a matter of indifference, compared with the honest satisfaction of preserving consistency. His existence had been one of trial, and of banishment from all domestic pleasures, and in the perils of his youthful days, he had learned to view it as so precarious, that his final doom came not to him as a surprise, but seemed merely a natural conclusion of a career of danger and adventure. His heroism may excite less admiration even than the resignation of those who had more to lose; but his intrepidity, his courageous sincerity, his contempt of all display, his carelessness of himself, and the tender concern which he evinced for others, are qualities which we should not be English not to appreciate and venerate. His were the finest attributes of the soldier and the Jacobite: the firm, unflinching adherence; the enthusiastic loyalty; the utter repugnance to all compromising; and the lofty disregard of opinion, which extorted, even from those who endeavoured to ridicule, a reluctant respect.

For the relentless pretext of what was called justice, which sent this brave man to his doom, there is no possibility of accounting, except in the deep party hatred of the Government. Lord Kilmarnock is believed to have owed his death to the false report industriously spread of his having treated the English prisoners with cruelty; but no such plea could injure Balmerino. One dark influence, at that time all powerful at court, all powerful among the people, denied them mercy;--and the crowds which witnessed the death of Kilmarnock and of Balmerino, hastened to do homage to the Duke of Cumberland. Nothing can, in fact, more plainly show the effect of frequent executions upon the character of a people than the details of the year 1746. With the inhabitants of London, like the French at the time of the Revolution, the value of life was lowered; the indifference to scenes of horror formed a shocking feature in their conduct. In the great world, jests, and witticisms delighted the Satellites of power. It was the barbarous fashion to visit Temple Bar for the purpose of viewing the heads exhibited there; spying glasses being let out for the ghastly spectacle. And the coarse, unfeeling invectives of the press prove the general state of the public mind, in those days, more effectually than any other fact could do:--in the present times, the cruelty which pursues its victim to the grave would not be tolerated.

In his latest hours, the chief concern of Lord Kilmarnock seems to have been for his eldest son, to whom he addressed the following beautiful letter.

EXTRACT OF THE LATE EARL OF KILMARNOCK'S LETTER TO HIS SON LORD BOYD.

"Dated, Tower, 17th of August, 1746.

"Dear Boyd,

"I must take this way to bid you farewell, and I pray God may ever bless you and guide you in this world, and bring you to a happy immortality in the world to come. I must, likewise, give you my last advice. Seek God in your youth, and when you are old He will not depart from you. Be at pains to acquire good habits now, that they may grow up, and become strong in you. Love mankind, and do justice to all men. Do good to as many as you can, and neither shut your ears nor your purse to those in distress, whom it is in your power to relieve. Believe me, you will find more joy in one beneficent action; and in your cool moments you will be more happy with the reflection of having made any person so, who without your assistance would have been miserable, than in the enjoyment of all the pleasures of sense (which pall in the using), and of all the pomps and gaudy show of the world. Live within your circumstances, by which means you will have it in your power to do good to others. Above all things, continue in your loyalty to his present Majesty, and the succession to the crown as by law established. Look on that as the basis of the civil and religious liberty and property of every individual in the nation. Prefer the public interests to your own, wherever they interfere. Love your family and your children, when you have any; but never let your regard to them drive you on the rock I split upon; when, on that account, I departed from my principles, and brought the guilt of rebellion, and civil and particular desolation on my head, for which I am now under the sentence justly due to my Prince. Use all your interest to get your brother pardoned and brought home as soon as possible, that his circumstances, and bad influence of those he is among, may not induce him to accept of foreign service, and lose him both to his country and his family. If money can be found to support him, I wish you would advise him to go to Geneva, where his principles of religion and liberty will be confirmed, and where he may stay till you see if a pardon can be procured him. As soon as Commodore Burnet comes home, inquire for your brother Billie, and take care of him on my account. I must again recommend your unhappy mother to you. Comfort her, and take all the care you can of your brothers: and may God of His infinite mercy, preserve, guide, and comfort you and them through all the vicissitudes of this life, and after it bring you to the habitations of the just, and make you happy in the enjoyment of Himself to all eternity!"

PAPER DELIVERED BY THE LATE EARL OF KILMARNOCK TO MR. FOSTER.

"Sunday, 17th of August, 1746.

"As it would be a vain attempt in me to speak distinctly to that great concourse of people, who will probably be present at my execution, I chose to leave this behind me, as my last solemn declaration, appealing for my integrity to God, who knows my heart.

"I bless God I have little fear of temporal death, though attended with many outward circumstances of terror; the greatest sting I feel in death is that I have deserved it.

"Lord Balmerino, my fellow-sufferer, to do justice, dies in a professed adherence to the mistaken principles he had imbibed from his cradle. But I engaged in the Rebellion in opposition to my own principles, and to those of my family; in contradiction to the whole tenour of my conduct, till within these few months that I was wickedly induced to renounce my allegiance, which ever before I had preserved and held inviolable. I am in little pain for the reflection which the inconsiderate or prejudiced part of my countrymen (if there are any such, whom my suffering the just sentence of the law has not mollified,) may cast upon me for this confession.

"The wiser, or more ingenious, will, I hope, approve my conduct, and allow with me that, next to doing right, is to have the courage and integrity to own that I have done wrong.

"Groundless accusations of cruelty have been raised and propagated concerning me; and charges spread among the people of my having solicited for, nay, even actually signed orders of general savage destruction, seldom issued among the most barbarous nations, and which my soul abhors. And that the general temper of my mind was ever averse from, and shocked at gross instances of inhumanity, I appeal to all my friends and acquaintance who have known me most intimately, and even to those prisoners of the King's troops to whom I had access, and whom I ever had it in my power to relieve; I appeal, in particular, for my justification as to this justly detested and horrid crime of cruelty, to Captain Master, of Ross, Captain-Lieutenant Luon, and Lieutenant George Cuming of Alter.

"These gentlemen will, I am persuaded, as far as relates to themselves, and as far as has fallen within their knowledge as credible information, do me justice; and then, surely my countrymen will not load a person, already too guilty and unfortunate, with undeserved infamy, which may not only fix itself on his own character, but reflect dishonour on his family.