Part 32

On Thursday, the seventh of August, the Reverend James Foster, a Presbyterian minister, was allowed access to Lord Kilmarnock, to prepare him for a fate which now seemed inevitable. Great intercession had been made for the ill-fated prisoner, by his kinsman, James, sixth Duke of Hamilton, and husband of the celebrated beauty, Miss Gunning; but the friendly efforts of that nobleman were thought rather to have "hurried him to the block."[381] When a report reached him that one of the prisoners would be spared, Lord Kilmarnock had desired, with the utmost nobleness of soul, that Cromartie should be preferred to himself. Balmerino lamented that he had not been taken with Lord Lovat; "for then," he remarked, "we might have been sacrificed, and these two brave men have been spared." But these regrets were unavailing, and Lord Kilmarnock and his friend prepared to meet their doom.

Mr. Foster, on conversing with Lord Kilmarnock, found him humbled, but not crushed by his misfortunes; contrite for a life characterized by many errors, but trustful of the Infinite mercy, to which we fondly turn from the stern justice of unforgiving man. And the reverend gentleman on whom the solemn responsibility of preparing a soul for judgment was devolved, appears to have discharged his task with a due sense of its delicacy, with fidelity and kindness.

Having introduced himself to Lord Kilmarnock with the premises that his Lordship would allow him to deal freely with him; that he did not expect to be flattered, nor to have the malignity of his crimes disguised or softened;--Mr. Foster told him, "that in his opinion, the wound of his mind, occasioned by his private and public vices, must be probed and searched to the bottom, before it could be capable of receiving a remedy." "If he disapproved of this plan," Mr. Foster thought "he could be of no use to him, and therefore declined attendance." To this Lord Kilmarnock replied that, "whilst he thought it was not Mr. Foster's province to interfere in things remote from his office, yet it was now no time to prevaricate with him, nor to play the hypocrite with God, before whose tribunal he should shortly appear."

This point being settled, the minister of the Gospel deemed it necessary to persuade the Earl, that he was not to be amused with vain delusive hopes of a reprieve; that he must view his sentence as inevitable; otherwise that his mind might be distracted between hope and fear; and that true temper of penitence which alone could recommend him to Divine mercy would be unattainable.

The unfortunate Earl touchingly answered, that indeed, when he consulted his reason, and argued calmly with himself, he could see no ground of mercy; yet still the hope of life would intrude itself. He was afraid, he said, that buoyed up by this delusive hope, when the warrant for his execution came down, he should have not only the terror of his sentence to contend with, but the fond delusions of his own heart:--to overcome the bitter disappointment--the impossibility of submission. He therefore assured Mr. Foster, that he would do all in his own power to repel that visionary enemy, and to fix his thoughts on the important task of perfecting his repentance, and of preparing for death and eternity.

In regard to the part which Lord Kilmarnock had taken in recent events, there seemed no difficulty in impressing his mind with a deep sense of the responsibility which he had incurred in helping to diffuse terror and consternation through the land, in the depredation and ruin of his country: and in convincing him that he ought to consider himself accessory to innumerable private oppressions and murders. "Yes," replied Lord Kilmarnock, with deep emotion "and murders of the innocent too," And frequently he acknowledged this charge with tears, and offered up short petitions to God for mercy.

But when Mr. Foster mentioned to him that the consequences of the "Rebellion and its natural tendency was to the subversion of our excellent free constitution, to extirpate our holy religion, and to introduce the monstrous superstitions and cruelties of Popery," Lord Kilmarnock hesitated; and owned, at length, that he did not contemplate such mischiefs as the result of the contest; that he did not believe that the young Chevalier would run the risk of defeating his main design by introducing Popery; nor would so entirely forget the warnings which the history of his family offered, so far as to make any attacks upon the liberties and constitution of the country. His entering into the Rebellion was occasioned, as he then declared, by the errors and vices of his previous life; and was a kind of desperate scheme to extricate him from his difficulties. Humbled and penetrated by the remembrance of former levity, Lord Kilmarnock remarked, that not only was Providence wise and righteous, but to him, gracious; and that he regarded it as an unspeakable mercy to his soul, that he had not fallen at the battle of Culloden, impenitent and unreflecting; for that, if the Rebellion had been successful, he should have gone on in his errors, without ever entertaining any serious thought of amendment. "Often," added the contrite and chastened man, "have I made use of these words of Christ, 'Father, if it be possible, let this cup pass from me: nevertheless, not as I will, but as thou wilt.'" But he had checked himself by the reflection, that it was not for him who had been so great a sinner, to address himself to God in the same language with his blessed Saviour, who was perfectly innocent and holy.

In time, aided by the representations of his spiritual attendant, the deepest remorse for a life not untainted by impurity of conduct, was succeeded by religious peace. It was then that the prisoner turned to that Bread of Life which Christ hath left for those who hunger and thirst after righteousness. But the Minister who led him into the fold of the Great Shepherd, would not consent to administer to him the Holy Sacrament without a full confession made in the presence of the gentleman gaoler, of his past offences, and of his contrition for them. At that solemn moment, when the heart was laid open to human witnesses, Lord Kilmarnock professed the deepest penitence for his concurrence in the Rebellion, and for the irregularities of his private life: he declared his conviction that the Holy Sacrament would be of no benefit to him whatsoever, if his remorse and contrition were not sincere. This assurance was, in other words, yet, in substance the same, emphatically repeated. During the conversations held with Lord Kilmarnock, Mr. Foster perceived that the confessions of the penitent were free and ingenuous; that he examined his own heart with a searching and scrupulous care, sternly challenging memory to the aid of conscience. At last, he declared that he should rather prefer the speedy execution of his sentence to a longer life, if he were sure that he should again be entangled by the snares and temptations of the world. This was a few days before his death.

Gradually, but effectually, the spirit that had so much in it of a heavenly temper; the heart, so framed to be beloved, was purified and elevated; so that, a beautiful and holy calm, a heavenly disinterestedness, a patience worthy of him who bore the name of Christian, were manifested in one whom it were henceforth wrong to call unhappy. When Lord Cromartie's reprieve became known to Mr. Foster, he dreaded, lest this subdued, yet fortified mind, should be disturbed by the jealousies to which our worldly condition is prone: he trembled lest the sorrow of separation from a world which Lord Kilmarnock had loved too fondly, should be revived by the pardon of his friend. "Therefore," relates Mr. Foster, "in the morning before I waited upon him, I prepared myself to quiet and mollify his mind. But one of the first things he said to me was, that he was extremely glad that the King's mercy had been shown to Lord Cromartie." "My Lord," inquired Mr. Foster, "I hope you do not think you have any injustice shown you?" Lord Kilmarnock's answer was, "Not in the least; I have pleaded guilty: I entirely acquiesce in the justice of my sentence; and if mercy be extended to another, I can have no reason to complain, when nothing but justice is done to me."

With regard to some points upon which the public odium was directed to the young Chevalier and his party, Lord Kilmarnock was very explicit in his last conversations with Mr. Foster. We have already seen how far he was enabled to clear himself concerning his conduct to the prisoners at Inverness. A report having been industriously circulated, probably with a view to excuse the barbarities of the Duke of Cumberland, that an order had been issued in the Pretender's council at Inverness, to destroy the prisoners who might be taken at the battle of Culloden, Mr. Foster put the question to Lord Kilmarnock, Whether that statement were true? "I can most sincerely and freely answer, No," was the satisfactory reply; and a similar contradiction was given by the dying man to every accusation of a similar tendency.[382]

On Monday the eleventh of August, General Williamson desired Mr. Foster, "in the gentlest terms that he could use, to apprize Lord Kilmarnock, that he had received the order for his, and for Lord Balmerino's execution." Mr. Foster at first refused to undertake this office. "I was so shocked at it," writes the good man "that I could not think of delivering the message myself, but would endeavour to prepare the unfortunate Lord for it, by divesting him, as far as I could, of all hope of life." Such, indeed, had been the continual aim of all the reverend minister's counsels; and he had hoped to entrust the last mournful task of informing him of the order to other hands. On finding Lord Kilmarnock in a very resigned and calm state of mind, he ventured, however, to hint to him how necessary was that diligent and constant preparation for death which he had endeavoured to impress upon his mind. This was sufficient: the ill-fated prisoner immediately inquired, "whether the warrant for his execution was come down?" "I told him that it was," relates Mr. Foster, "and that the day fixed upon was the following Monday."

Lord Kilmarnock received this intimation with a solemn consciousness of the awful nature of its import; but no signs of terror nor of anxiety added to the sorrows of that hour. In the course of conversation, he observed to Mr. Foster, that "he was chiefly concerned about the consequences of death, in comparison of which he considered the 'thing itself' a trifle: with regard to the manner of his death he had, he thought, no great reason to be terrified, for that the stroke appeared to be scarcely so much as the drawing of a tooth, or the first shock of a cold bath upon a weak and fearful temper." At the last hour, nevertheless, the crowd,--the scaffold,--the doom, upset that sublime and heavenly resignation,--the weakness of the flesh prevailed, although only for an instant.

In the silence and solitude of his prison, Lord Kilmarnock's recollection reverted to those whom human nature were shortly to be left to buffet with the storms of their hard fate. It reverted also to those who might, in any way, have suffered at his hands. The following touching epistle, addressed to his factor, Mr. Robert Paterson, written two days only before his execution, shows how tender was his affection for his unhappy wife: in how Christian a spirit towards others he died. His consideration for the poor shoemakers of Elgin is one of those beautiful traits of character which mark a conscientious mind. The original of this letter is still in existence, and is in the possession of the great-grandson of him to whom it was addressed.[383]

"Sir,

"I have commended to your care the inclosed packet, to be delivered to my wife in the manner your good sense shall dictate to you, will be least shocking to her. Let her be prepared for it as much by degrees, and with great tenderness, as the nature of the thing will admit of. The entire dependance I have all my life had the most just reason to have on your integrity and friendship to my wife and family, as well as to myself, make me desire that the inclosed papers may come to my wife through your hands, in confidence; but you will take all the pains to comfort her, and relieve the grief I know she will be in, that you and her friends can. She is what I leave dearest behind me in the world; and the greatest service you can do to your dead friend, is to contribute as much as possible to her happiness in mind, and in her affairs.

"You will peruse the State[384] before you deliver it to her, and you will observe that there is a fund of hers (I don't mention that of five hundred Scots a-year); as the interest of my mother-in-law's portion in the Countess of Errol's hands, with, I believe, a considerable arrear upon it; which, as I have ordered a copy of all these papers to that Countess, I did not care to put in. There is another thing of a good deal of moment, which I mention only to you, because if it could be taken away without noise it would be better; but if it is pushed it will be necessary to defend it. That is, a bond which you know Mr. Kerr, Director to the Chancery, has of me for a considerable sum of money, with many years interest on it, which was almost all play debt. I don't think I ever had fifty pounds, or the half of it, of Mr. Kerr's money, and I am sure I never had a hundred; which however I have put it to, in the inclosed declaration, that my mind may be entirely at ease. My intention with respect to that sum was to wait till I had some money, and then buy it off, by a composition of three hundred pounds, and if that was not accepted of, to defend it; in which I neither saw, nor now see anything unjust; and now I leave it on my successors to do what they find most prudent in it. Beside my personal debt mentioned in general and particular in the State,[385] there is one for which I am liable in justice, if it is not paid, owing to poor people, who gave their work for it by my orders; it was at Elgin in Murray; the regiment I commanded wanted shoes. I commissioned something about seventy pair of shoes and brogues, which might come to about three shillings, or three and sixpence each, one with another. The magistrates divided them among the shoemakers of the town and country, and each shoemaker furnished his proportion. I drew on the town for the price out of the composition laid on them, but I was told afterwards at Inverness, that it was believed the composition was otherwise applied, and the poor shoemakers not paid. As these poor people wrought by my orders, it will be a great ease to my heart to think they are not to lose by me, as too many have done in the course of that year; but had I lived, I might have made some enquiry after it; but now it is impossible, as their hardships in loss of horses, and such things which happened through my soldiers, are so interwoven with what was done by other people, that it would be very hard, if not impossible, to separate them. If you will write to Mr. Jones of Dalkinty, at Elgin, (with whom I was quartered when I lay there,) he will send you an account of the shoes, and if they were paid to the shoemakers or no; and if they are not, I beg you'll get my wife, or my successors, to pay them when they can.

"Receive a letter to me from Mrs. Boyd, my cousin Malcomb's widow; I shall desire her to write to you for an answer.

"Accept of my sincere thanks for your friendship and good services to me. Continue them to my wife and children.

"My best wishes are to you and yours, and for the happiness and prosperity of the good town of Kilmarnock, and I am, sir, your humble servant,

"KILMARNOCK."

Tower of London, August 16th, 1746.

On the Saturday previous to the execution of Lord Kilmarnock, General Williamson gave his prisoners a minute account of all the circumstances of solemnity, and outward terror, which would accompany it. Lord Kilmarnock heard it much with the same expression of concern as a man of a compassionate disposition would read it, in relation to others. After suggesting a trifling alteration in the arrangements after the execution, he expressed his regret that the headsman should be, as General Williamson informed him, a "good sort of man;" remarking, that one of a rougher nature and harder heart, would be more likely to do his work quickly. He then requested that four persons might be appointed to receive the head when it was severed from the body, in a red cloth; that it might not, as he had heard was the case at other executions, "roll about the scaffold and be mangled and disfigured." "For I would not," he added, "though it may be but a trifling matter, that my remains should appear with any needless indecency after the just sentence of the law is satisfied." He spoke calmly and easily on all these particulars, nor did he even shrink when told that his head would be held up and exhibited to the multitude as that of a traitor. "He knew," he said, "that it was usual, and it did not affect him." During these singular conversations, his spiritual attendant and the General, could hardly have been more precise in their descriptions had they been portraying the festive ceremonials of a coming bridal, than they were in the fearful minutiae of the approaching execution. It was thought by them that such recitals would accustom the mind of the prisoner to the apparatus and formalities that would attend his death, and that these would lose their influence over his mind. "He allowed with me," observes Mr. Foster, "that such circumstances were not so melancholy as dying after a lingering disorder, in a darkened room, with weeping friends around one, and whilst the shattered frame sank under slow exhaustion." But experience and human feelings contradict this observation of the resigned and unhappy sufferer; we look to death, under such an aspect, as the approach of rest; but human nature shrinks from the violent struggle, the momentary but fierce convulsion, plunging us, as it were, into the abyss of the grave.

At this moment of his existence, when it was certain ruin at Court and in the army, to befriend the Jacobite prisoner, a friend, the friend of his youth, came nobly forward to attend Lord Kilmarnock in his dying moments. This was John Walkinshaw Craufurd, of Craufurdland in the county of Ayr, between whose family and that of the House of Boyd, a long and intimate friendship of several centuries had existed; "so much so," observes a member of the present family of Craufurd,[386] "that a subterranean passage is said to exist between our old castles, of which we _fancy_ proofs; but these are fire-side legends."

"The family of Craufurd," observes Mr. Burke, "is one of antiquity and eminence in a part of the empire where ancestry and exploit have ever been held in enthusiastic admiration." By marriage, in the thirteenth century, it is allied anciently with the existing house of Loudon; and its connection and friendship with the House of Boyd was cemented by the death of one of its heads, Robert Craufurd, in 1487, in consequence of a wound received at the Wyllielee, from attending James Boyd, Earl of Arran, in a duel with the Earl of Eglintoun. In the days of Charles the First and Second, the Craufurds had been Covenanters, as appears in the history of that time: and in the year 1745, they were stanch Whigs; and Colonel Walkinshaw Craufurd had, when called upon to pay a mournful proof of respect to Lord Kilmarnock, attained the rank of Colonel in the British army. Besides the ancient friendship of the family, there had been several intermarriages; and the father of Colonel Craufurd had espoused, after the death of Miss Walkinshaw, Elenora, the widow of the Honorable Thomas Boyd, the brother of Lord Kilmarnock.

Colonel Walkinshaw Craufurd was a fine specimen of the true Scottish gentleman, and of the British officer. He was a very handsome, stately man, of high-bred manners, and portly figure, whom his tenantry both feared and honoured. He lived almost continually in the highest circles in London, except when in service, and also at the Court, visiting his Castle in Ayrshire only in the hunting season, for he kept a pack of hounds. To such a man the sacrifice of public opinion, then all against the Jacobites,--the sure loss of Court favour,--the risk of losing all military promotion, were no small considerations; yet he cast them all to the winds, and came nobly forward to pay the last respect to his kinsman and friend.

Already had he distinguished himself at the battle of Dettingen and Fontenoy; and he might reasonably expect the highest military honours: yet he incurred the risk of attending Lord Kilmarnock on the scaffold, and performing that office for him which that nobleman required. I almost blush to write the sequel; for _this_ act, Colonel Craufurd was, immediately after the last scene was over, put down to the very bottom of the army list.[387] Such was the petty and vindictive policy of the British Government, influenced, it may be presumed, by the same dark mind that visited upon the faithful Highlanders the horrors of military law, in punishment of their fidelity and heroism. "The King," observes Horace Walpole, referring to these and other acts, "is much inclined to mercy; but the Duke of Cumberland, who has not so much of Caesar after a victory, as in gaining it, is for the utmost severity."[388]

Whilst the mind of Lord Kilmarnock was thus gradually prepared for death, Lord Balmerino passed cheerfully the hours which were so soon to terminate in his doom. Fondly attached to his young wife, Balmerino obtained the boon of her society in his prison. So much were the people attracted by the hardihood and humour of this brave old man, that it was found necessary by the authorities to stop up the windows of his prison-chamber in the Tower, in order to prevent his talking to the populace out of the window. One only was left unclosed, with characteristic cruelty: it commanded a view of the scaffolding erected for his execution.[389] One day the Lieutenant of the Tower brought in the warrant for his death: Lady Balmerino fainted. "Lieutenant," said Lord Balmerino, "with your d----d warrant you have spoiled my Lady's dinner."

Lord Balmerino is said to have written to the Duke of Cumberland a "very sensible letter," requesting his intercession with the King; but this seems to have been unavailing, from the well-known exclamation of George the Second, when solicited for the other prisoners, "Will no one speak a word to me for poor Balmerino?"