When the Peers were going to vote, Lord Foley(1242) withdrew, as too well a wisher; Lord Moray,(1243) as nephew of Lord Balmerino—­and Lord Stair—­as, I believe, uncle to his great-grandfather.  Lord Windsor,(1244) very affectedly, said, “I am sorry I must say, guilty upon my honour.”  Lord Stamford(1245) would not answer to the name of Henry, having been christened Harry—­ what a great way of thinking on such an occasion!  I was diverted too with old Norsa, the father of my brother’s concubine, an old Jew that kept a tavern; my brother, as auditor of the exchequer, has a gallery along one whole side of the court:  I said, “I really feel for the prisoners!” old Issachar replied, “Feel for them! pray, if they had succeeded, what would have become of all us?” When my Lady Townshend heard her husband vote, she said, “I always knew my Lord was guilty, but I never thought he would own it upon his honour.”  Lord Balmerino said, that one of his reasons for pleading not guilty, was, that so many ladies might not be disappointed of their show.

On Wednesday they were again brought to Westminster-hall, to receive sentence; and being asked what they had to say, Lord Kilmarnock, with a very fine voice, read a very fine speech, confessing the extent of his crime, but offering his principles as some alleviation, having his eldest son (his second unluckily was with him,) in the Duke’s army, fighting for the liberties of his country at Culloden, where his unhappy father was ? .n arms to destroy them.  He insisted much on his tenderness to the English prisoners, which some deny, and say that he was the man who proposed their being put to death, when General Stapleton urged that he was come to fight, and not to butcher; and that if they acted any such barbarity, he would leave them with all his men.  He very artfully mentioned Van Hoey’s letter, and said how much he should scorn to owe his life to such intercession.  Lord Cromartie spoke much shorter, and so low, that he was not heard but by those who sat very near him; but they prefer his speech to the other.  He mentioned his misfortune in having drawn in his eldest son, who is prisoner with him; and concluded with saying, “If no part of this bitter cup must pass from me, not mine, O God, but thy will be done!” If he had pleaded not guilty, there was ready to be produced against him a paper signed with his own hand, for putting to death the English prisoners.

Lord leicester went up to the Duke of Newcastle, and said, “I never heard so great an orator as Lord Kilmarnock; if I was grace, I would pardon him, and make him paymaster."(1246) That morning a paper had been sent to the lieutenant of the Tower for the prisoners; he gave it to Lord Cornwallis,(1247) the governor, who carried it to the House of Lords.  It was a plea for the prisoners, objecting that the late act for regulating the trial of rebels did not take place till after their crime was committed.  The Lords very tenderly and rightly sent this plea