THE CONDUCT Of ſome People, about Pleading Guilty.

WHEN the Houſe of Commons firſt exhibited Impeachments againſt the Seven Lords taken at the Defeat of the Rebels at Preſton, and ſent the Articles againſt them up to the Houſe of Lords, the Lords, according to the uſual Courſe of Proceedings in ſuch Caſes, appointed the Impeach'd Lords to attend, and allow'd them Time to give in their Anſwer.

While this Part was depending, it was the common Diſcourſe of the Town, That giving them Time was but a piece of needleſs Formality, a kind of Banter upon their Circumſtances, a Thing of no ſignification, that indeed it gain'd them a few Days to Live, and to prepare for another World, which was the only Thing they ought to have in their View, [4] but that it was of no other effect, For what can they Plead? ſaid the People, who ſpoke of thoſe Things with any Judgment, Were not they taken in Arms? Were they not in open Rebelion, and made Priſoners in the Action, Surrendered at Diſcretion to our Generalls, and brought immediately bither from the very Place of Battle? Can ſuch Men bring any Plea? What can they have to ſay?

Tho' this was the Diſcourſe without Doors, yet with the Perſons themſelves there was other Thoughts; and particu⯑larly with their Friends; and the De⯑bates that happened upon this Subject, as well among themſelves as among other People, may be very Uſeful for us to know ſomething of, as well to let us in⯑to the Secret Hiſtory of their Conduct, as to inform us who were in their Intereſt, and upon what Foot their Friends En⯑deavour'd to Save them.

I believe no Man will ſuppoſe, that Gentlemen of ſuch Quallity as theſe, were without ſome Friends, who, in their preſent Extremity, would Intereſt themſelves for them, and who Apply'd, with the uttermoſt Diligence, to gain to them the Favour of ſuch other Perſons, as might be ſuppoſed, on any Account whatever, to be capable of Serving them.

[5] It was eaſie to ſee who would Befriend them of Courſe; (viz.) Thoſe engaged by Party, who were on their Side by In⯑clination, theſe were not only to be de⯑pended upon for their Votes in favour of the Gentlemen in Diſtreſs, but to be moved to uſe their Intereſt for the bring⯑ing others, of a Second Party, who were ſomething Indifferent, over to the ſame Sentiment. There was a Third Party, from whom nothing was Expected, and therefore to ſuch little Application was to be made, but they were, if poſſible, to be Out-Number'd.

The ſpace the Criminal Gentlemen had between their Commitment to the Tower, and the Day of their Impeach⯑ment, was the Time to be employ'd to form thoſe Intereſts, and to come to an Underſtanding about the Strength of their Friends; and as there were no Mo⯑ments to be loſt, ſo neither was it ill Employ'd; they took care to Sollicit, Treat with, and Engage every Man, that by any poſſible Methods they could come at, to act in their Intereſt, in ſo Critical a Juncture, and to do their Beſt for them, if poſſible to avert the Stroke of Juſtice at laſt; and for this no Body can blame them. It was not many Days before the Impeachments, that we were told, with [6] great Aſſurance, That the Lords in the Tower had made ſuch an Intereſt, that they were under no apprehenſions of Dying at all, and that it only remain'd, to Determine what Method ſhould be taken, to make the Mercy they were to receive appear Rational in thoſe that Granted it, and be Satisfactory to the Nation.

And if it is True, that they had, upon thoſe Applications, ſome private Aſſu⯑rance given them, That by the ſtrength of their Intereſt among the Nobility, the whole Houſe of Lords would be brought to Addreſs His Majeſty to ſhew them Mercy, who can blame them for promi⯑ſing themſelves their Lives, eſpecially conſidering the native Clemency of His Majeſty, and the Inclination all good Kings have to ſpare the Blood of their People.

But in all theſe Meaſures, there has been ſo much Intriegue, ſuch Nicety of Management, ſuch Subtilty of Applica⯑tion, and ſuch Induſtry uſed on one Hand, and ſuch Court Fineneſs, ſuch diſcovery of Perſons and Principles on the other, that it muſt be very Diver⯑ting, as well as Improving, to give ſome Account of it to the World.

The Meaſures, as I have ſaid, having [7] been taken to form their Intereſt, and thoſe Meaſures having ſucceeded, even beyond their Expectation, the firſt thing to be obſerv'd is, How agreeable to all good Men, and eſpecially to Men of Ho⯑nour and Quality, it is to be apply'd to for ſhewing Mercy to Men in Diſtreſs, in a Court ſo Gallant, ſo Soft, ſo Hu⯑mane, I had almoſt ſaid ſo Chriſtian, as that of this Kingdom, what wonder is it, that an humble Application, by Perſons of Honour under Misfortunes, found powerful Advocates, and made ſenſible Impreſſions upon the Minds of ſome Great Perſons in the Kingdom.

Clemency and Charity are the Glory, the one of Nobility, the other of Chri⯑ſtianity, and when theſe are the power⯑ful Arguments to be uſed, when theſe are the Keys, how eaſy is it to Unlock the Breaſts of ſuch Perſons who are fill'd with Principles of Honour and Chriſtia⯑nity? I had much rather give theſe for the Reaſons, why the Applications of the Diſtreſſed Lords gain'd them ſo eaſie, and ſo general an acceſs to the Hearts of ſome, whoſe Poſts and Truſts, perhaps, might ſeem to have Engaged them ano⯑ther way; and of whom it might have been expected, that their Concern for the Safety and Peace of their Royal [8] Maſter, the Honour of His Government, and the Good of their Country, ſhould have open'd their Eyes to the neceſſity of Publick Juſtice at that Time, than have it to ſay of any, That it rather opened their Ears to the Petitions of thoſe who had put their Hands to the horrid Work, of their Country's De⯑ſtruction, and made them Interceſſors for thoſe who had rais'd a Civil War in its Bowells, ſtriking at the Perſon and Family of our Sovereign, the Founda⯑tion of the Proteſtant Intereſt, and at the very Root of the Conſtitution.

I am very loth alſo to entertain an Opinion ſo groſs in it ſelf, and ſo remote from Charity, which nevertheleſs ſome have ſtarted, (viz.) That it was liſten⯑ing to a frailer part of their Inclination, which brought ſome Gentlemen into this Matter: That all the Clemency of their Tempers, and Softneſs of their Diſ⯑poſitions, would not have prevail'd over their Senſe of Duty, if there had not been more glittering Motives, whoſe Power they had not ſelf-denying Vertue enough to reſiſt; Tho' if this was their Temptation, I muſt ſtill acquit the Ag⯑greſſors, I mean the Lords in the Tower; for who, in their Circumſtances, would have ſpar'd their Ammunition where [9] knew the Fort would be reduc'd by Un⯑dermining, without the hazard of Stor⯑ming.

And as on the one Hand I believe, at leaſt hope, this is no more than a Slan⯑der upon the Gentlemen, of whom it is ſpoken, ſo, I dare ſay, the Reaſons ſome People have to ſuggeſt ſuch a thing, e⯑ven to themſelves, are rather taken from what they have formerly heard, of the influence MONEY has had upon thoſe Perſons in Times paſt, to lead them a⯑gainſt Principle, than from any real In⯑telligence they have now had of the Fact.

It may be True, that the Suſpicion is encreaſed by the Knowledge the World has had of the contrary Diſpoſition of the Perſons ſpoken of in Days of old, (viz.) How, in former Times, when the ad⯑miniſtration of Publick Affairs has been in ſome of their Hands, they have been found as Deaf to the Importunities of the Miſerable, as Inexorable to ſuppli⯑cating Vertue, and diſtreſs'd Innocence, as any Aſian Mute, commiſſion'd to the excerciſe of the Bow-String: How they have been Eminent for vindictive Tem⯑pers, and the Operations of the Spleen, as any that have ſince acted their Parts; and therefore it has been ſaid, That it muſt be from ſome other Principle than that of Humanity and Compaſſion, that [10] thoſe Perſons, however Great, ſhould be prevail'd with to plead for Clemency and Mercy to Men under the worſt of Circumſtances, and Sentenc'd for Crimes which muſt neceſſarily, not only taint their Honour and Families who are Guilty, but muſt caſt ſome juſt Re⯑proach upon thoſe who Intereſt them⯑ſelves to Save them. But as thoſe are but Suggeſtions, I ſay no more of them.

But to return to the Fact, as it ſtands Hiſtorically in our view: Certain it is, if Fame lye not, That the powerful Ap⯑plications for Mercy for theſe Men, whether by the influence of the Ladies Tears, the ſenſe of the Misfortunes of ſo many Perſons of Quality, or any meaner Importunities, I cannot ſay, had found Means to make Impreſſions upon ſome nearer the Throne than they them⯑ſelves had, I believe, any hopes of; and as this was an agreeable Surpiſe to the Unfortunate Gentlemen, ſo we ſhall ſee the leſs Reaſon to wonder at their fu⯑ture Conduct on that Account, and this is partly the Reaſon why I have entered into this Part at the Beginning of this Tract.

Nothing is more Certain, than that before this the Lords ſeeing little room to expect any Intereſt could be made for their Eſcape, had entertain'd ſerious Thoughts of Dying, and were rather [11] ſomething Diſconcerted, than otherwiſe Determined, as to what Anſwer they ſhould give to the Impeachments which were brought againſt them.

Indeed, as ſome of them Expreſs'd it, I mean one already Executed, they hard⯑ly expected the Houſe of Commons would have given themſelves the trou⯑ble of Impeachments, in a Caſe which was ſo plain, and requir'd ſo little Cere⯑mony, but rather have let the Law take its ordinary Courſe, by Indictment and Plea, and have left them to the Houſe of Peers, who muſt neceſſarily have Con⯑demn'd them.

It has been ſaid alſo, by ſome of their Party, That the ſame Gentlemen had reſolv'd to act what they call the Heroe, (viz.) To have given the Fact in Evi⯑dence at their Tryal, and juſtify'd the Rebellion upon Principles of Jacobitiſm; the Foundations of which, like Blaſphe⯑mous Tenets in Religious Diſputes, are not fit to be Mentioned. That this had been to have acted the Deſperadoe, and to have caſt themſelves entirely away beyond the reach of Mercy, and out of the Power of Interceſſors; nay, even out of the Rational Power of the Royal Clemency itſelf, is moſt certain; how it could Denominate them Heroes would have been their buſineſs to ſhew, I muſt acknowledge I do not ſee any thing of that kind in it.

[12] However, we found this Notion was ſo revitted in the Mind of one Perſon, if of no other of them, that nothing could, for ſome time, divert his Thoughts from it; and we have divers Accounts of his Conduct in that Part. How he talk'd of Death, a la Cavalier: How he made the Scaffold appear to his Fancy, no more than a Scene in a Tragedy, which had nothing in it but a Formality, to make his paſſing off from the World a little Judicial. How he thought that Death there, could have no worſe a Face than it had in the Streets of Preſton, where he had look'd on its Phyz with very little Apprehenſion, and was not at all afraid to ſee it again.

As theſe were the Views which for ſome time theſe Gentlemen had, ſo nei⯑ther were they eaſy to be brought to en⯑tertain other Notions; Indeed when the Time was Limited, that they were Obli⯑ged to give in ſome Plea or other, and that they began to look on the Thing with a nearer, and, perhaps, a more ſeri⯑ous View, they appear'd not all alike Determind'd; but all the Conſequence of this was, That it only made them a little more encliin'd to liſten to the Advice of their Council and Friends, and to Act by ſuch Meaſures as Reaſon, and the Nature of their Circumſtances call'd for.

This ended in their Pleading Guilty [13] to the Impeachment, and throwing them⯑ſelves, in the moſt Moving and Submi⯑ſive Manner poſſible, upon the King's Mercy, imploring the Interceſſion of their Peers, who were their Judges, and of the Commons, who were their Accuſers, a thing which, as is ſaid, One of thoſe now gone ſaid, Was much more difficult to do, than TO DIE.

I have heard many wiſe and good Men ſay, That let the Ends, which the ſaid Gentlemen propoſed to themſelves in it, be what they would, that Plea was the only Step they could have taken, entire⯑ly to give Peace to their own Minds, and have good Men believe they were reſto⯑red to an honeſt and juſt Principle; The Firſt, becauſe by it they had tryed the only Step left them to ſave their Lives, and which they could not poſſible be ful⯑ly ſatisfy'd in omitting; and the Laſt, becauſe the Contrary had been a juſtify⯑ing and defending the Crime of Rebellion, which on no juſt Principle could be de⯑fended; and, as I am well Informed, theſe Arguments were preſſed upon them with great Earneſtneſs by their Friends, ſo I have been told alſo, That the firſt, eſpecially, made a great impreſſion upon them, in the Caſe I ſpeak of.

But there was a yet more powerful Argument to induce them to this Plea, and this is ſaid to be repreſented to them [14] by the Agents they had employ'd as be⯑fore, to obtain the Interceſſion and Fa⯑vour of the Great Perſons, of which I mentioned ſomething at firſt; and this contains the beſt Piece of Secret Hiſtory, which, perhaps, has come to light in all this Affair.

Suppoſe A. B. to be a Lady deeply in⯑tereſted in the Caſe before us, and ap⯑plying to one N. O. for his Intereſt and Favour in Behalf of the Condemn'd Lords, while other Friends are ſolliciting as hard with other Great Perſons; let us digeſt their Diſcourſe as near as we can to the real Dialogue that paſt between them, allowing that we can relate no more than Memory and our faithful In⯑telligence could convey.

Note. Suppoſe the Balm infuſed by other means to ſoften [...]oding Paſſions, and prevent Fermentation of natural moreſe Humour. A. B. A diſtreſs'd Lady, introduc'd by a Favourite, throws her ſelf at the Feet of N. O. with abun⯑dance of Tears, and in a ſhort Addreſs, beſpeaks him thus:

My Lord, (ſaid ſhe) I come to implore your Pity to a Number of Diſtreſs'd, but Noble Perſons, and particularly to my Lord [...]: they are well aſſur'd of the powerful Influences your Lordſhip has as well in the Councils of [...] as in the P [...], and without your Lordſhip's Aſſiſtance they are inevitably loſt.

[15] N. O. Madam, I am very ſorry it is ſo little in my Power to help your Lord [...]; but I have been already ſpoken to, I ſuppoſe at your Ladyſhip's Requeſt, by my Lord [...], and I bid him aſſure you, that if my Lord D [...] will be adviſed, I ſhall do all for him that lies in my Power.

A. B. My Lord [...], As theſe di⯑ſtreſs'd Priſoners have no Friend ſo able to adviſe them as your Lordſhip, ſo you may be aſſured they will put their Lives and Honour into your Lordſhip's Hand, and be guided entirely by your Advice.

N. O. Why, Madam, I am told they make a Difficulty of Pleading Guilty to the Impeachments; I do not ſee how it is poſſible any one can ſerve them, if they de⯑cline Pleading Guilty.

A. B. My Lord [...], I cannot an⯑ſwer that Particular farther than this; It is, no doubt, hard to them to plead Guilty, eſpecially to all the Enlargements and Aggravations in the Impeachments, tho' they are otherwiſe in no Condition to repell the Evidence.

N. O. But they may plead Guilty in General Terms; they acknowledge they were in Arms, marched ſo and ſo, and were taken in Fight, as the Impeachment ex⯑preſſes it; this they cannot deny; and Pleading Guilty then is no more than Con⯑feſſing what it is to no Purpoſe to deny.

A. B. But, my Lord, Pleading Guilty, [16] is owning, That taking Arms for King James is Rebellion.

N. O. Look you, Madam, I am as much for King Ja [...] as my preſent Cir⯑cumſtances will allow; but in this Caſe it is impoſſible to help them without it. But, Madam, my Lord Duke ofLook you, Madam, I am as much for King Ja [...] has ap⯑pointed to meet me this Evening about this Affair: Your Ladyſhip may depend upon it, that we will conſider of the beſt Method to ſerve my Lord [...], and we hope he will not ſcruple any thing that we ſhall convince his Lordſhip is for his In⯑tereſt.

A. B. I humbly thank your Lordſhip; I know my Lord depends entirely upon your Aſſiſtance, and is wholly given up to your Meaſures.

My Lady returns to the Tower, and finds there another Perſon, who we ſhall know by the Letters L. R. who had found Means to viſit the Lord D [...] in his Impriſonment.

This Perſon, it ſeems, had likewiſe been with ſome Great Lords on the ſame Errand that my Lady had been with N. O. and having, as we are inform'd, re⯑ceiv'd much the ſame Anſwer, was Ex⯑poſtulating with my Lord D [...] about Pleading Guilty, which the other ſtrenu⯑ouſly oppoſed.

My Lord, (ſays L. R.) how is it poſſible any Peer can ſerve you, if you have not [17] firſt acknowledg'd the Fact? Pardon cra⯑ved implies Guilt confeſs'd: No Man can ask Mercy for you, while you ſtand upon your Juſtification. My Lord D [...] ſeem'd a little moved at that Propoſal, and with ſome Warmth replyed, But, my Lord, do you conſider the very Plea is a Renouncing my Sovereign: How can a Man of Honour ſtoop to that? Nay, how can any Man of Honour offer ſuch a Thing to us? (ſays L. R.) My Lord, your Lordſhip knows that N. O. was always a ſincere Friend to the Chevalier; he bid me aſſure you that he is ſtill ſo in his Heart: You know he gave innumerable Evidences of it formerly, in the Time of his Admini⯑ſtration; and if he has ſeemingly appear'd in another Intereſt now for ſome Time, you know well the Motives inducing, and alſo that it is with due Reſerves, and that he waits only an Occaſion to declare himſelf; and you muſt be content, if you will ſave your Life, my Lord, now you are in their Power, to do as my Lord N. O. does, viz. Double and turn, and ſhew the ſmooth Face, or the rough, as Occaſion offers, and I confeſs I do not ſee why you ſhould make it a Difficulty.

My Lord D [...], as if he was ſur⯑priz'd, return'd: No Difficulty, my Lord! Do you conſider that it is Perjury in the Abſtract; and tho' I am a Catholick, I have no Diſpenſation for breaking lawful [18] Oaths; I ought to die, rather than enter⯑tain a Thought of it. To this, L. R. re⯑turn'd coldly, I am ſorry for it, my Lord; it is certain, if you cannot do this Part, you muſt dye, there is no Man living can interpoſe for you.

It ſeems, however, that Lord D [...] was not willing either to leave the Point, or to leave off the Diſcourſe, and there⯑fore ſtill held him in Suſpence; My Lord, (ſays he) you may be ſure I am wil⯑ling to ſave my Life, but can I be guilty of Perjury? How can N. O. offer ſuch a Thing to me?

L. R. told him, He could not ſay how far theſe Things might deſerve the Name of Perjury, and brought in this famous Argument; Do not we that are Proteſt⯑ants, ſays he, as firmly adhere to the In⯑tereſt of King J [...] as any of you, and yet you ſee we are oblig'd to take all the Oaths, Abjurations, Aſſociations, &c. that they put upon us.

Lord D [...] told him gravely, He could not enter into that Caſe: I examine no Man's Principles, ſaid he, but my own I have always acted upon an honourable Foot hitherto; and I think a Man of Ho⯑nour can no more renounce his King than his God.

L. R. ſeem'd at a full Stop at this, as indeed any Proteſtant might well be, and as if the Caſe was at a Point, reply'd, [19] That he could not enter into a Diſpute about Opinions, and Principles: But, ſays he, if this cannot be, then I beg your Lordſhip will tell me if I can ſerve you any other way.

My Lord D [...] not willing ſtill to to quit the Diſcourſe, replied with this Queſtion: Why may not the Lords in⯑terpoſe for Mercy to us after a Tryal, if we are found Guilty?

This diſcovered his full Deſign: But L. R. open'd the Caſe more fully to his Satisfaction, as follows: Says he, All that are your Friends now, will, no doubt, do ſo, my Lord, but the Buſineſs lies another Way: It muſt not be a few Friends, but a Majority of the Houſe that can do you any Service; and do you not think there will be a manifeſt Difference in the Inclination of the Peers to you, from the Influence of your Conduct, and as you behave well or ill?

Lord D [...] ſeem'd not to underſtand him, and deſir'd him to explain himſelf.

Why, ſuppoſe, (ſays L. R.) on one Hand you plead Not Guilty, juſtify your ſelves from your Loyalty, as you call it, to the Chevalier, which, by Conſequence, muſt be in the higheſt manner provoking to the preſent Government, as it inſiſts upon the Title of their Enemy, and pretends to diſ⯑own the Settlement here: Do you think, my Lord, ſaid he, as many will incline to [20] Compaſſion, and as many will think you merit to be ſpar'd, as will be mov'd on the other Hand to a generous Clemency, when they ſee ſo many unhappy Noblemen throw⯑ing themſelves entirely at their Feet, and Imploring their Interceſſion for unfortunate Men, who cry for Mercy. Pray conſider this Caſe ſedately, my Lord.

Perhaps indeed (ſays my Lord) there may be ſome Difference in that.

A great deal, my Lord, (continued L. R.) and there are a great many Reaſons for it: We are to work upon Humane Na⯑ture in this Caſe, not upon Party Princi⯑ples: If the Houſe were to go by Party, you are loſt: You muſt not think that all thoſe who may be brought to pity you, are of your Side; if they were, it were no matter how you pleaded: But we are to move the Compaſſions of Men to your Per⯑ſons, who are Enemies to your Cauſe; and with ſuch differing Meaſures muſt be ta⯑ken: In a Word, my Lord, I muſt own, it is my Opinion that no other way can ſave you, act as you think fit.

My Lord D [...], as if he ſeem'd to yield, and that he was convinc'd by theſe Reaſonings, return'd thus: Well, and if I do plead Guilty, what will he do for me? And what muſt I do elſe?

Why, my Lord, (ſaid L. R.) if you plead Guilty, you firſt caſt your ſelf upon the Mercy of the King, then you muſt make a [21] ſhort handſome Application to the Peers to intercede with his Majeſty for his Pardon.

And muſt I call him King and Majeſty? (ſays L. D.)

It muſt be ſo, my Lord, (ſays L. R.) there can be no putting in a Word for you, unleſs you think fit to come this length; and your Lordſhip knows it to be ſo as well as I; the Nature of the Thing re⯑quires it. To which Lord D [...]ſeem⯑ing moved again, return'd ſmartly: And will not your Lordſhip ſay your ſelf that I deſerve more to dye than a Common Thief, If I can ſtoop to ſuch mean Things to ſave my Life.

Says L. R. I ſee, my Lord, the Nicety of Honour will be your Deſtruction; I am ſorry for your own Part, and yet more ſor⯑ry for the Injury ſuch an Obſtinacy will be to the reſt of the Noble Lords who are your Fellow-Priſoners, who, I fear, will fare the worſe for it.

You ſtab me with that Expreſſion; re⯑ply'd my Lord D. rather than they ſhall ſuffer by me, I'll comply with any Thing, tho' I would not for any Danger of my own.

L. R. told him, He knew that Thought would touch his tender Part; that it was indeed a Reflection which any Per⯑ſon of Honour would immediately make; that it was hard to let our Opiniatre en⯑danger the Lives, Honours, and Eſtates of our Friends.

[22] To this, Lord D. as if yielding, ſaid little, but enquired into the farther Cir⯑cumſtances of the Propoſal. And, ſays he, if we do agree to prevaricate, and, merely to ſave our Lives, take this diſho⯑nourable Step, for ſuch we muſt eſteem it, as we ſhall ſpeak againſt the Teſtimony of our own Hearts when we do it, I ſay, when we do thus, what then?

Says L. R. Then, my Lord, the Perſons we have been with, viz. N. O. B. and N. and ſeveral other Perſons of Honour, of the firſt Magnitude, have promiſed to beſtir themſelves.

But what is it they can do? ſays L. D. ſtill unſatisfy'd.

Rather, my Lord, ſays the other, what is it they cannot do?

But may we not have ſome View of their Meaſures? ſays L. D.

Yes, yes, my Lord; (ſays L. R.) you know they have a Right to adviſe the King; and if they eſpouſe your Intereſt, you will find, perhaps, they may be brought to addreſs the King in Parliament to par⯑don you, which if you can obtain, your Bu⯑ſineſs is over, for you hardly ever found an Example where any Perſon who the Parliament addreſs'd to have ſpared, was Executed, altho the Crime might be equal, if not ſuperior.

Indeed, ſays L. D. the Deſign ſeems well laid; an Addreſs will certainly do our [23] Buſineſs: But muſt we not apply to the Houſe of Commons too?

L. R. return'd; You may do ſo, if you pleaſe; but we cannot anſwer for them in this Caſe; for tho' the Houſe of Commons do often make, or paſs Acts of Oblivion, yet in Caſes thus particular, we do not find often that the Houſe relents. The Com⯑mons are the Accuſers, and are juſtly in⯑cens'd at the Rebellion; and they cannot ſo reaſonably concern themſelves to inter⯑poſe between the King and thoſe that have offended; but if the Lords do it, we doubt not but it will be ſufficient in this Caſe, and we hope the Commons may be brought not to oppoſe it, if they cannot be brought to addreſs in your Favour.

Says L. D. Well then, we muſt for once ſtoop to be Ro [...]s, and deny our Prince and our Principle to ſave our Lives; but my Heart miſ-gives, and tells me, That It will never do; Heaven cannot approve it, and will not bleſs it; and take it from me, when we have done ſo, it will not thrive, and it will be the only Sin of my Life I ſhall have to make Confeſſion of upon the Scaffold, for thither I ſhall come, and its better to come there gallantly, and with the clear Soul of a Man of Honour, than baſely loaded with Guilt and Confuſion, and bearing Teſtimony againſt our ſelves, that we have acted diſhonourably to ſave our Lives, and not ſaved them neither.

[24] He ſpoke this with great Earneſtneſs, and almoſt with Tears ſtanding in his Eyes, and his Friend could not but per⯑ceive it, which made him very paſſionate⯑ly embrace him, telling him, He ſaw with what Reluctance he did it, and if it had been in his Power to have ſerv'd him any other Way, he would rather have died than have propoſed it to him.

By ſuch Arguments as theſe, and by the Sollicitations of thoſe Friends who ſtirr'd for them, who thought it neceſ⯑ſary for their Safety, the Lord D [...], is ſaid, to be prevail'd upon to go into thoſe Meaſures which he publickly Repented of, when he found them ineffectual.

How far both they, and their Friends alſo, were miſtaken in their Meaſures, we ſhall take Notice of by and by.

It is neceſſary to Obſerve here, That after theſe Things were over, and the Priſoners had Pleaded Guilty, ſpoken very handſomely, and Submitted in the loweſt Manner to the Peers, begging their Lordſhips to Interpoſe with His Majeſty for Mercy to them, as by their Speeches, which are made publick, and to which I refer, may be ſeen; I ſay after this was over, then the Moments ſeem'd to be come, in which the Promiſes of N. O. and other their Friends, were, if ever, to be performed.

The Ladies, with all the moſt Moving [25] and Paſſionate Repreſentations, acted their Part to perfection: None can ſay, They did not do their Duty to the utmoſt; the Pow⯑erful Intereſt they made among all the Men of Influence, ſhew'd they were not wanting: All that Prayers and Tears could do, was done without Doors; at length the Petition was brought into the Houſe of Lords, and being Receiv'd, it introduced a Debate.

I am not allow'd to take notice of any Thing that was Tranſacted within the Houſe, other than by Generals, to wit, That their Friends did all that could be ex⯑pected of them, and that it was poſſible to do; and ſo far has Clemency, and a Merci⯑ful Diſpoſition, the aſcendant over the No⯑ble Perſons who compoſe that Illuſtrious Bo⯑dy, that thoſe Lords who ſpoke in Favour of the Condemn'd Lords, had great Advan⯑tages, few caring to interpoſe, to put a ſtop to the Royal Goodneſs, or obſtruct the Channel of Mercy to the Miſerable.

This, we may ſuppoſe, favour'd their Petition; and the Lords agreed to addreſs his Majeſty for Mercy, with ſuch a Reſerve to his Majeſty's Pleaſure and their Conduct, as might tell them however, that there was yet ſomething farther to be look'd for from them, if they expected Mercy: How this was expreſs'd, is to be ſeen in the Ad⯑dreſs, to which we refer.

The Condemn'd Lords, it was ſaid, did [26] not receive the News of this Addreſs with that Pleaſure that their Friends, who ſaw not ſo far into it as ſome of them did, expe⯑cted; which, perhaps, was the Reaſon why one ſaid of them too warmly, That they were not grateful to their Friends.

Nor did they receive it all alike, ſome who penetrated into Things farther than others, ſeeing, perhaps, Room for their De⯑liverance in it, and others juſt the contrary; ſo that while this Addreſs put ſome of them in Hopes that they might Deſerve Mercy, and conſequently have room to ex⯑pect it, others of them ſaw room only to deſpair this Deſerving Mercy, being a Term which they had different Notions of from other Men.

It began now to appear to them, that they were deceived, when they thought that The Bitterneſs of Death was paſt; That the Peers, tho' they were prevail'd with to har⯑bour ſome merciful Diſpoſitions towards them, were very far from offering to im⯑poſe upon the Government, or to preſs for Mercy, but on ſuch expreſs Terms as his Majeſty ſhould find to be for the Honour of his Government, and the Safety of his Kingdom: So that it remain'd for theſe Gentlemen to convince his Majeſty, that they were proper Objects of Mercy, before they could comfort themſelves much from what was paſt.

[27] This Part leads us to the Second Part of our Work, viz. To mention ſomething of the Reaſons, ſo far as we have got Inſight into that Matter Without-Doors, Why the King, tho' mercifully inclin'd, and hear⯑tily ſorry for the Neceſſity which his Majeſty finds himſelf under to give the publick Ju⯑ſtice ſo much Vent, yet could not ſee it reaſo⯑nable to extend that Mercy which was ſo earneſtly ſollicited for to that particular Perſon, of whom theſe Papers may ſeem to ſpeak.

The Speech, or Paper, left behind by the Lord Der [...]r, tho' it does not ſpeak it in Words, yet intimates very plainly, That there has been a long Train of Treaſons; a ſecret Management of Parties and Per⯑ſons in the Preparing the late Rebellion, and Concerting Meaſures for it; and that there appeared a great Deſire in ſome Peo⯑ple to have it out; and, no doubt, it is the true Intereſt of the preſent Govern⯑ment to diſcover thoſe Things; and the Diſcovery whereof might indeed contribute to the Preventing more of theſe unhappy Gentlemen coming into like Circumſtan⯑ces with theſe, and ſo, in Effect, be of Ser⯑vice to their Friends: That theſe Gentle⯑men were privy to, and partly in thoſe Treaſons, there is little Reaſon to queſtion; what elſe can be the Meaning of the Words in the Lord Der [...] Speech, that Some [28] Means have been propoſed to me for Saving my Life, which I look'd on as inconſiſtent with Honour and Conſcience, and therefore I rejected them. It is evident then that he was able to have complyed with the means propoſed, otherwiſe it would have been a Prevarication to ſay, That Therefore he re⯑jected them; if he had been uncapable to have complyed, if he had not been in the ſaid Train of Treaſons, if he had not been able to make Diſcoveries, he could with more Truth, and much more to his own Vindication, have ſaid, that it was not in his Power, and that therefore thoſe Propo⯑ſals were ineffectual to him.

But while, on the other Hand, he re⯑jected the Propoſal that was made to him, by which his Life might have been ſa⯑ved; Who was cruel to my Lord Der⯑wentwater but my Lord Derwentwater? And who cauſed him to be executed, the King or himſelf?

It is not worth while to examine here what he calls inconſiſtent with Honour and Conſcience: If it was not inconſiſtent with his Honour and Conſcience to riſe in Arms, that is as far as lay in him to De⯑poſe, Murther, and Deſtroy the King, and all his Royal Family; It cannot be in⯑conſiſtent with the greateſt Clemency in his Majeſty to bring ſuch to the Block. But on the other Hand, it was the higheſt [29] Teſtimony imaginable of Royal Clemen⯑cy, to offer ſuch Men their Lives upon their Teſtifying their Sorrow for the Crime, by giving a true and faithful Con⯑feſſion of all the Parts of the Deſign, as far as they were really concern'd in it: While they deny this, what Token of Contrition, what Satisfaction of future Loyalty can they give? They pleaded Guilty, ſay their Party, and threw themſelves upon Mercy, and ſuch are generally thought more proper Objects of Mercy than others: But let us examine what is meant here by Pleading Guilty, for except only the Form, I deny that they pleaded Guilty at all.

My Lord Derwentwater very ingenu⯑ouſly explains what he underſtands by his Pleading Guilty, it is in his Speech at the Bar, the 13th of February: The ſaid Earl acknowledges with a real Sorrow, that at the Time in the Articles mentioned, he was in Arms, and with others did march thro', and invade ſeveral Parts of this Kingdom. The Law indeed accepts this as Pleading Guilty, becauſe the Fact being acknow⯑ledg'd, the Law determines from it both the Guilt and the Penalty. But what's this towards a Penitent, or towards ſuch a Confeſſion as muſt merit Pardon.

When a Priſoner pleads Guilty to the Judge, he needs to own nothing but the [30] Fact, the Court, as I ſaid, determines all the reſt.

But when a Priſoner pleads Guilty to his offended Prince, to move and implore his Clemency and Mercy, it is not the Fact but the Crime that he muſt charge himſelf with; it behoves him to come and acknowledge it thus: SIR, I own my ſelf a Rebel to you juſt Authority; I am now willing to become your faithful Subject, to Recognize your Authority, and confeſs all my Rebellion.

But in all theſe Gentlemen's Pleading Guilty, there is not one Word of Confeſ⯑ſing the CRIME, tho' there is of Con⯑feſſing the Fact, that they were in Arms, but do not own that they were Rebels: Nay, my Lord Kenmure is ſo honeſt, if the Paper ſaid to be left behind him be Genuine, as to acknowledge he prevaricated in his Pleading Guilty.

Now let any Divine tell us, nay even let a Popiſh Prieſt tell us, if this be ſound in Divinity. Does God Himſelf Pardon any Sinners that does not Confeſs their Offences, or that Confeſs one part, but will not Confeſs all? What claim to Mercy can any Chriſtian make, upon any Scrip⯑tures foundation but upon a FULL and Sincere Confeſſion, I ſay FULL and Sin⯑cere; He that hides his Sin ſhall not Proſ⯑per: [31] But he that Confeſſes, and Forſakes, ſhall find Mercy. Prov. 28. 13.

Now theſe Gentlemen have indeed Con⯑feſs'd the Fact, and what is there in that? Were they not Evident, and eaſy to be Pro⯑ved? Was it in their power to Deny any Part? Were they not all taken in the Field of Battle, with the Sword of Rebellion in their Hands? What thanks to them for that Plea? But if they had come ingenuouſly and confeſs'd the Treaſon, acknowledg'd the Crime of it, laid open the Train of it, given in a FULL Account of the Riſe and Pro⯑greſs of it; and then have expreſs'd their Sorrow that they ſhould be Guilty of ſuch a horrid Crime; had this been done, and Mercy had been refuſed them, indeed they would have had ſome room to talk of Se⯑verity, tho' none then of Injuſtice.

But this way of Confeſſing does not, in my Opinion, reach the Caſe at all, they have made no Confeſſion of the Rebellion, tho' they have of their being in Arms; in a word, they have acknowledg'd themſelves Rebells in or Senſe, but they have not ack⯑nowledg'd that they are ſenſible of their be⯑ing Rebells; or that it is Rebellion in their Own Senſe; and pray what does all this amount to? For my ſhare I do not ſee they have pleaded Guilty with any View but that of the Scaffold.

[32] The Confeſſion of a Penitent is quite a⯑nother thing, his confeſſion will be Com⯑pleat, will be Sincere, and he will be more afflicted for the Crime, than the Puniſhment.

Again, he that confeſſes his Guilt, muſt confeſs all his Guilt, and all his Treaſon; and he cannot be ſaid to make an ingenuous Confeſſion that conceals any thing he knows, which may be for the Detecting the Treaſon, if any Part lies conceal'd, or that may be for the Safety and Advantage of the Prince, againſt whom he has offended.

And here comes in the Objection, This is againſt my Honour and Conſcience, becauſe it will Impeach my Friends, break the wicked Compact, the Engagement, or Oath of Secreſy taken with other Traytors, and what then? The Conſequence is, he takes his Word again, as the Scots call it, relapſes to a Rebel in Inclination, and begs par⯑don that he has acknowledge'd that little that he has.

In a word, if theſe Gentlemen were not ſpar'd, it was becauſe they would have their Lives upon their own Terms, or not at all; they would have Mercy ſhewn to them for Sins unconfeſs'd; is there any one of them that has given a full Narrative of all the Treaſons they have Committed? They have acknowledg'd the capital Part indeed, which, as we may ſay, they could not avoid, or get clear of; but what elſe [33] have they Confeſs'd? Have they told the Government any one thing which they did not know before? Had my Lord Der⯑wentwater made ſuch an ingenuous Ack⯑nowledgment of all he knew of the Rebel⯑lion, I am bold to ſay, he would have Merited ſome Mercy, and for that Reaſon I believe he would have found it.

But this manner of Confeſſion, ſay they, would have betray'd Friends, brought Great Men and Great Families to Ruin; and, perhaps, a great many of them too; and it is below the Honour of a Nobleman to turn Informer.

It were to be wiſh'd ſuch Men would put the Circumſtances they have brought them⯑ſelves to into the Ballance, and conſider that with the Point of Honour they ſpeak of: If they had ſtood out either in their De⯑fence, or if, after Conviction, had reſolv'd to meet Death as from the Hand of an Enemy, then indeed it could not be ex⯑pected that they ſhould make any ſuch Thing as a Confeſſion. But when they lie proſtrate at the Foot of Majeſty, Con⯑demn'd by the Law, Acknowledging the Fact, and Imploring Mercy, this is quite another Thing; and that theſe Men ſhould reject the Conditions upon which Mercy was offered them, this is perfectly inconſiſt⯑ent with the nature of their Submiſſion, and aggravates the Crime they were guilty of [34] before, and makes the Neceſſity of dealing with them in a Courſe of ſtrict Juſtice; and this may be another Reaſon againſt Mercy.

It is below the Majeſty of the Govern⯑ment to name the Folly and Madneſs of their Friends as a Reaſon for their Execu⯑tion, and yet it deſerves ſome Notice too: No ſooner were theſe Men, with the reſt of the Preſton Priſoners, come up, and had been a little while in Priſon, but their Friends laugh'd loudly at the Govern⯑ment, telling them in their Teeth, that they durſt not put them to Death; as if the Power that was able to break them in the Field, ſhould not be able to puniſh them when in Priſon. But ſo prepoſterous have they been in this Part, that they have puſht the Government almoſt upon the ne⯑ceſſity of bringing them to the Block, to ſatisfy the World that they dare do it.

This is very hard upon their Friends, and has made their being brought to the Block very reaſonable in the preſent Go⯑vernment, if not abſolutely neceſſary; and it is worth while for them to conſider it on ſeveral Accounts: (1.) How juſt the King had been to have executed many more, and have given that Inſolence of their Friends as the Reaſon of it. And (2.) Whether tho' for Time paſt it has not been done; yet that if the King ſhould think fit to [35] execute ſome meerly upon the Importunity of this Circumſtance, who otherwiſe his Majeſty's Goodneſs might incline him to pardon; I ſay, whether their Blood, tho' not innocent, would not be ſo to thoſe People, and be laid at their Door.

In the mean time, there is a more forci⯑ble Reaſon ſtill to give why his Majeſty may not have thought fit to extend that Mercy to theſe Men, which otherwiſe, perhaps, they might have found; viz. The continued Threatenings of the Party ſtill to renew their Attempts, to return with a greater Force, and to revive the Re⯑bellion, promiſing to reſcue their Sufferers out of the Hand of publick Juſtice, and to return the Treatment they have met with.

Let any one judge whether a threaten⯑ing Enemy is an Object of Mercy; and whether it would conſiſt with the Honour of his Majeſty's Government, and the Safety of his Kingdom, to pardon Enemies that are Inſulting him when out of his Hands, and Conditioning with him even when they are in.

It muſt be allow'd, that Clemency is the Glory of a King, and Mercy the Honour of his Government: But Clemency is to be directed by Wiſdom, as the Sword is to be managed by Council. Rebellious Sub⯑jects unhumbled, can never be the proper [36] Subject of the Prince's Clemency: Neither is Juſtice executed upon obſtinate Rebels any Breach of Moderation in Government.

And how is a Rebel humbled, that owns not his Rebellion to be a Crime? How is he an Object of Mercy, that will not accept of his Life but upon his own Conditions? It's time to Capitulate when they are not in the Hands of Juſtice. My Lord Nithiſdale, who has made his Eſcape, is in a much proper Poſture to aſk Mercy after the manner they did, than they were. He that implores Mercy, muſt firſt put himſelf into the Condition that denominates him a proper Object of Mercy, or he has but little Reaſon to expect it.

His Majeſty, no doubt, has yet more and more forcible Reaſons for not Granting the Mercy that was petitioned for to the late Lord Derwentwater, &c. but if not, I cannot think but theſe will make it evident to all the World, that it was not reaſona⯑ble for them to expect Mercy in the Cir⯑cumſtances they were in, or ſafe for his Majeſty to grant it. I hope thoſe who are left, will take Care to behave more ſuitable to their own Intereſt, and to deſerve better the Mercy they expect.