to the other ministers, in a manner, for their orders; and not even ready at the ceremonial.  To the prisoners he was peevish; and instead of keeping up to the humane dignity of the law of England, whose character it is to point out favour to the criminal, he crossed them, and almost scolded at any offer they made towards defence.  I had armed myself with all the resolution I could, with the thought of their crimes and of the danger past, and was assisted by the sight of the Marquis of Lothian in weepers for his son who fell at Culloden—­but the first appearance of the prisoners shocked me! their behaviour melted me!  Lord Kilmarnock and Lord Cromartie are both past forty, but look younger.  Lord Kilmarnock is tall and slender, with an extreme fine person:  his behaviour a most just mixture between dignity and submission; if in anything to be reprehended, a little affected, and his hair too exactly dressed for a man in his situation; but when I say it is not to find fault with him, but to show how little fault there was to be found.  Lord Cromartie is an indifferent figure, appeared much dejected, and rather sullen:  he dropped a few tears the first day, and swooned as soon as he got back to his cell.  For Lord Balmerino, he is the most natural brave old fellow I ever saw:  the highest intrepidity, even to indifference.  At the bar he behaved like a soldier and a man; at the intervals of form, with carelessness and humour.  He pressed extremely to have his wife, his pretty Peggy, with him in the Tower.  Lady Cromartie only sees her husband through the grate, not choosing to be shut up with him, as she thinks she can serve him better by her intercession without:  she is big with child and very handsome:  so are their daughters.  When they were to be brought from the Tower in separate coaches, there was some dispute in which the axe must go—­old Balmerino cried, “Come, come, put it with me.”  At the bar, he plays with his fingers upon the axe, while he talks with the gentleman-gaoler; and one day somebody coming up to listen, he took the blade and held it like a fan between their faces.  During the trial, a little boy was near him, but not tall enough to see; he made room for the child and placed him near himself.

When the trial began, the two Earls pleaded guilty; Balmerino not guilty, saying he could prove his not being at the taking of the castle of Carlisle, as was laid in the indictment.  Then the King’s counsel opened, and Serjeant Skinner pronounced the most absurd speech imaginable; and mentioned the Duke of Perth, “who,” said he, “I see by the papers is dead.”  Then some witnesses were examined, whom afterwards the old hero shook cordially by the hand.  The Lords withdrew to their House, and returning, demanded of the judges, whether one point not being proved, though all the rest were, the indictment was false? to which they unanimously answered in the negative.  Then the Lord High Steward asked the Peers severally, whether Lord Balmerino