On the eighth of May, Mr. Radcliffe was arraigned at the Exchequer Bar, at Westminster, for High Treason: to this he pleaded not guilty. In a few days afterwards he was brought there again, and tried upon the indictment; he had no plea to offer in his defence, and was found guilty.

He soon afterwards was carried to Westminster, accompanied by eleven other prisoners, to receive sentence of death. They were conveyed in six coaches to the Court. As the coach in which Mr. Radcliffe was seated, drove into Fleet Street, it encountered the state carriage in which George the First, who was then going to Hanover for the first time since his accession, was driving. This obliged Mr. Radcliffe's coach to stop; and, perceiving that he was opposite to a distiller's shop, he called for a pint of aniseed, which he and a fellow-prisoner, with a servant of Newgate, drank, and then proceeded to Westminster.

Mr. Radcliffe was several times reprieved; and it was thought he might have been pardoned; but affrighted, perhaps, by his brother's fate, and probably weary of imprisonment, he now began to project a plan of escape, to which he was emboldened by the great success of several similar attempts. Greater vigilance was, indeed, resorted to in the prison, after the flight of Brigadier Mackintosh, who had knocked down the turnkey, and ran off through the streets: and all cloaks, riding-hoods, and arms, were prohibited being brought in by the visiters who came to visit the prisoners. It is amusing to hear, that a certain form of riding-hoods acquired, at this time, the name of a Nithsdale, in allusion to the escape of the Earl of Nithsdale.[408]

On the day appointed for Mr. Radcliffe's escape, the prisoners gave a grand entertainment in Newgate: this took place in a room called the Castle, in the higher part of the prison. Mr. Radcliffe, when the party were at the highest of their mirth, observing a little door open in the corner of the room, passed through it followed by thirteen of the prisoners; and succeeded in finding their way, unmolested, to the debtor's side, where the turnkey, not knowing them, and supposing them to be visiters to the prisoners, allowed them to pass on. Mr. Radcliffe was dressed in mourning, and had, according to his own subsequent account to a fellow prisoner in Newgate, a "brown tye-wig." In this way, without any disguise, but wearing his ordinary attire, did he escape, leaving within the prison walls, his friend, Basil Hamilton, nephew of the Duke of Hamilton, who, as it was deposed on his trial, was his chum, or companion, living with him in a room, the windows of which looked upon the garden of the College of Physicians. After remaining concealed for some time, Mr. Radcliffe took the first opportunity of getting a passage to France.[409] He lived, for many years, in Paris, in great poverty, tantalized with promises of assistance from the French Court, yet witnessing the ungenerous treatment of the Chevalier by that Court. His nephew, John Radcliffe, who was killed accidentally, assisted him with remittances in 1730 for some time, and James Stuart gave him a small pension: his difficulties and privations must have been considerable; yet they never lessened his ardour in the cause for which he had sacrificed every worldly advantage.

Either to amend his ruined fortunes, or to gratify a passion long unrequited, Mr. Radcliffe was resolved upon marriage. The object of his hopes was Charlotte Maria, Countess of Newburgh, the widow of Hugh, Lord Clifford of Chudleigh, and the mother of two daughters by that nobleman. This lady was about a year older than himself, being born in 1694. It is a tradition in the family of Lord Petre, the lineal descendant of James, Earl of Derwentwater, that Charles Radcliffe offered his hand twelve times to the Countess of Newburgh, and was as often refused. Wearied by his importunity, Lady Newburgh at last forbade him the house. But the daring character of Mr. Radcliffe, and his strong will, suggested an expedient, and he was resolved to obtain an interview. To compass this end, he actually descended into an apartment in which the Countess was sitting, through the chimney; and taking her by surprise, obtained her consent to an union. Of the truth of this curious courtship, there is tolerably good evidence, not only in the belief of the Petre family, but from a picture representing the fact, which is at Thorndon.[410] The nuptials took place at Brussels, in the church of the Virgin Mary, on the twenty-fourth of June, 1724,[411] and in 1726, James Bartholomew, who became, after the death of his mother, third Earl of Newburgh, was born at Vincennes.[412]

Lady Newburgh had every reason, as far as prudence could be allowed to dictate to the affections, for her reluctance to a marriage with Mr. Radcliffe. He was, at this time, an outlawed man, with a sentence of death passed upon him, and no hope could ever be revived of his regaining, even after the death of his nephew, the family honours and estates. Yet, in the ardour and fearlessness of Charles Radcliffe's character there must have been much to compensate for those circumstances, and to win the fancy of the young. There seems no reason to suppose that the union thus strangely formed was infelicitous; and indeed, from family documents, it is evident that the family so marked out by fate for sorrow, were happy in their mutual affection. Of the two daughters of Lady Newburgh's first marriage, Anna, the eldest, was married to the Count de Mahony, whose descendants, the Gustiniani might claim the title of Newburgh, were they not debarred by being born aliens. Another was Frances, who died unmarried. This lady is mentioned in a letter written by Charles Radcliffe, recently before his death, when he was confined to the Tower, with peculiar affection, as "that other tender mother of my dear children."[413]

In the year 1733, Mr. Radcliffe visited England, and resided several months in Pall Mall; yet the ministry did not consider it necessary to take any notice of his return, nor, probably, would they ever have concerned themselves on that subject, had not a second insurrection brought the unfortunate man into notice. In 1735, he again returned, and endeavoured by the mediation of friends to procure a pardon, but was unsuccessful in that attempt.[414]

Irritated, perhaps, by that refusal, and still passionately attached to the cause which he had espoused; undeterred by the execution of his brother, or by the sufferings of his friends, from mixing himself in the turmoils of a second contest, Charles Radcliffe, on the breaking out of the insurrection of 1745, again ventured his life on the hazard. He had no lands to lose, no estates to forfeit; but he had all to gain; for the death of his nephew made him the head of the unfortunate house of Radcliffe. After that event, he assumed the title of Earl of Derwentwater, and it was of course assigned to him at the court of St. Germains, and indeed always insisted upon by him; but the estates were alienated, and there appeared no hope under the present government of ever recovering those once enviable possessions. Under these circumstances, Mr. Radcliffe was naturally a likely object for the representations of the sanguine, or the intrigues of the designing to work upon; and in this temper of mind he met, in the year 1743, with John Murray of Broughton, at Paris, where that gentleman remained three weeks; and became intimately acquainted with Mr. Radcliffe, who is described among others, as a "wretched dependant on French pensions, with difficulty obtained, and accompanied with contempt in the payment."

While the fashionable world were diverting themselves with epigrams upon the Rebellion, a small expedition was fitted out, consisting of twenty French officers, and sixty Scotch and Irish, who embarked at Dunkirk on board the Esperance privateer; among these was Charles Radcliffe and his eldest son. At this time nothing was spoken of in London except the daring attempt in Scotland,—sometimes in derision,—sometimes in serious apprehension: "the Dowager Strafford," writes Horace Walpole (Sept. 1745), "has already written cards for my Lady Nithesdale, my Lady Tullebardine, the Duchess of Perth and Berwick, and twenty more revived peeresses, to invite them to play at whist, Monday three months: for your part, you will divert yourself with their old taffetys, and tarnished slippers, and their awkwardness the first day they go to Court in clean linen."[415] "I shall wonderfully dislike," observes the same writer, "being a loyal sufferer in a threadbare coat, and shivering in an attic chamber at Hanover, or reduced to teach Latin and English to the young princes at Copenhagen. Will you ever write to me in my garret at Herenhausen? I will give you a faithful account of all the promising speeches that Prince George and Prince Edward make whenever they have a new sword, and intend to reconquer England."

One of the first adverse circumstances that befel the Jacobites in 1745, was the capture of the vessel in which Mr. Radcliffe hoped to reach the shores of Scotland. It was taken during the month of November by the Sheerness man-of-war; and Mr. Radcliffe and his son were carried to London and imprisoned in the Tower.

On the twenty-first of November he was conveyed, under a strong guard from the Tower, to Westminster; he was brought to the bar, by virtue of a Habeas Corpus, and the record of his former conviction and attainder was at the same time removed there by Certiorari. These being read to him, the prisoner prayed that counsel might be allowed him; and named Mr. Ford and Mr. Jodrel, who were accordingly assigned to him as counsel. A few days were granted to prepare the defence, and on the twenty-fourth of the month the prisoner was again brought up; he pleaded that he was not the person named in the record, who was described as Charles Radcliffe, but maintained that he was the Earl of Derwentwater. He also requested that the trial might be put off, that two witnesses, one from Brussels, the other from St. Germains, might be summoned. This was refused. The prisoner then challenged one of the jury, but that challenge was overruled. During these proceedings the lofty, arrogant manner, and the vehement language of Mr. Radcliffe drew from his counsel the remark that he was disordered in his senses. The judge, Mr. Justice Foster, who tried the case, bore his contemptuous conduct with great forbearance. When brought into Court, to be arraigned, he would neither hold up his hand, nor plead, insisting that he was a subject of France, and appealing to the testimony of the Neapolitan Minister, who happened to be in Court. But not one of these objections was allowed, and the trial proceeded.

No fresh indictment was framed, and the point at issue related merely to the identity of the prisoner. The award in Mr. Radcliffe's case was agreeable to the precedent in the case of Sir Walter Raleigh, and execution was awarded on his former offence, judgment not being again pronounced, having been given on the former arraignment. This mode of proceeding might be law, but no one after the lapse of thirty years, and the frequent communications of the prisoner with the English Government, can regard such a proceeding as justice: and, as in the case of Sir Walter Raleigh, it brought odium upon the memory of James the First, so it excited in the reign of George the Second almost universal commiseration for the sufferer, and disgust at the course adopted.

The evidence in this case was far from being such as would be accepted in the present day.

Two Northumberland men were sworn to the fact that the prisoner at the bar was the younger brother of the Earl of Derwentwater, and that they had seen him march out from Hexham, in Northumberland, at the head of five hundred of Lord Derwentwater's tenantry; they recognized him, as they declared, by a scar on his face; they had been to see him in the Tower, to refresh their memories, and could swear to him, as Charles Radcliffe, brother of the Earl of Derwentwater. After this deposition, Roger Downs, a person who had acted in the capacity of barber to the State prisoners, in 1715, was called.

To him Mr. Radcliffe thus addressed himself:[416] "I hope, sir, you have some conscience; you are now sworn, and take heed what you say."

To this Downs replied; "I shall speak nothing but the truth. I well remember that I was appointed close shaver at Newgate, in the year 1715 and 1716, when the rebels were confined there, and shaved all those who were close confined."

The Counsel then asked, "Pray, sir, did you shave Charles Radcliffe, Esquire, the late Earl of Derwentwater's brother, who was confined in Newgate for being concerned in the rebellion in the year 1715, or who else did you shave of the said rebels at that time? And pray, sir, who was keeper, or who were turnkeys of the said gaol of Newgate."

The answer of Downs was couched in these words, "William Pitt, Esq. was head keeper, and Mr. Rouse, and Mr. Revel, were head turnkeys, who appointed my master to be barber, to shave the prisoners; and I attended in my master's stead, and used to go daily to wait on the rebel prisoners, and I particularly remember that I shaved Basil Hamilton, a reputed nephew of the late Duke of Hamilton, and Charles Radcliffe, Esq., brother to the late Earl of Derwentwater, who I perfectly remember were chums, or companions, in one room, in the press-yard, in Newgate, that looked into the garden of the College of Physicians, and for which service I was always very well paid."

The Counsel then desired him to look at the prisoner and inform the Court if that gentleman were the very same Charles Radcliffe that he shaved in Newgate, at the aforesaid time, and who after escaped out of Newgate.

To this Downs returned the following reply: "I cannot on my oath say he is."

Then the head keeper of Newgate was called, and he produced the books belonging to the gaol, wherein were the names of Charles Radcliffe, and other rebels, who had been condemned, and were respited several times. This gentleman said, that the books produced then in Court were in the same condition that he found them: but as to the person of the prisoner he knew nothing, his confinement having taken place several years before he belonged to the gaol.

Abraham Mosely, a servant of the head keeper, was then called, but he was not sworn; another gentleman was afterwards brought to the bar; as the book was handed to him to be sworn, Mr. Radcliffe, looking earnestly at him, inquired what book it was that he was going to be sworn upon: the officer answered it was the New Testament. Mr. Radcliffe replied, "He is no Christian, and believes neither in God nor devil." The evidence of this witness, whose name is suppressed, was, however, received, and it seems not to have been inconsistent with his alleged character. It was the disclosure of a confidential conversation on the part of Mr. Radcliffe, who had imparted to the witness in what manner he had escaped from Newgate in 1715. The witness was asked whether the prisoner was drunk when he made this confession: he answered that he was. Then being asked if he were drunk himself, he replied that he never got drunk; upon which Mr. Radcliffe said hastily, that "some people would get drunk if at free cost."

The prisoner examining no witnesses, the Chief Justice summed up the case, and in ten or fifteen minutes the jury, who had retired, brought in a verdict of guilty. A Rule was then made for the proper writ for the execution of the prisoner, on the eighth of December, and he was remanded to the Tower. When informed by the Court of the time fixed for his doom, Mr. Radcliffe said he wished they had given him a longer time, that so he might have been able to acquaint some people in France, and that his brother, the Earl of Morton, and he might "have set out on their journey together."

The unhappy Mr. Radcliffe returned to his prison. Much has been written of the arrogance and intemperance of his conduct and language, but much must be allowed for the subservience of the contemporary writers, as well as for the irritated feelings of the man. Considering himself as a nobleman, and meeting with disrespect, and, perhaps, harsh usage, a quick temper was aggravated almost to madness. To his inferiors the passion and pride of his character were so offensive that the warders of the Tower could be scarcely induced to give him their attendance; and this inconvenience was the more severely felt as a man named McDermont, who had been his equerry for twenty-three years, was sent to Newgate on the very day when Mr. Radcliffe entered the Tower.

At the hour of his last earthly trial, this man, whose eventful and singular life was brought to a close at the age of fifty-three, redeemed the errors of the last few weeks of anguish, and of bitter disappointment. He submitted calmly to his doom. The sullen sorrow, and the intolerable haughtiness of his manner, were exchanged for a composure, solemn and affecting, and for a courtesy which well became the brother of Lord Derwentwater.

Between eight and nine on the morning of the eighth of December, the Sheriff, driving in a mourning coach to the east gate of the Tower, demanded the prisoner. The gate was opened, and in about ten minutes a landau, in which Mr. Radcliffe was seated, drove out at the east gate, towards Little Tower Hill. He was accompanied by the Under-Sheriffs, and by the officers of the Tower: the landau was surrounded by a party of Foot Guards, with their bayonets fixed. The street was lined with horse soldiers, from the iron gate of the Tower, to the scaffold, which was encompassed also with horse soldiers. At the foot of the stairs of the scaffold a booth was erected, for the reception of the prisoner.

Like Lord Balmerino, Mr. Radcliffe wore his regimentals, which were those of the French army; and consisted of a scarlet coat, with gold buttons, the sleeves faced with black velvet; a scarlet waistcoat, trimmed with gold lace; and white silk stockings. His hat was encircled with a white feather.

As the prisoner alighted from the landau, he saw some of his friends standing near the booth; he paid his compliments to them with the grace of a well-bred man; and, smiling, asked of the sheriffs, who had preceded him in the mourning-coach, "if he was to enter the booth?" He was answered in the affirmative. "It is well," he replied; and he went in, and there passed about ten minutes in his devotions.

The scaffold had been provided early that morning with a block, covered with black, a cushion, and two sacks of sawdust; and the coffin of the unhappy prisoner, also covered with black, was placed on the stage.

Mr. Radcliffe ascended the scaffold with great calmness, and asked for the executioner. "I am but a poor man," said the unfortunate man, "but there are ten guineas for you: if I had more, I would give it you; do your execution so as to put me to the least possible misery." He then kneeled down, and folding his hands, uttered a short prayer. He arose, and was then assisted by two of the warders in the last preparations for his doom, taking off his coat and waistcoat, and substituting for his wig a white cap. Having taken a respectful leave of the sheriffs, he was about to kneel down, when it was discovered that it would be necessary to tuck back the collar of his shirt. That office was performed by the executioner. Then, after saying a short prayer, and crossing himself several times, he laid his head upon the block. In less than half a minute afterwards, he gave the signal, by spreading out his hands: his head was severed at one blow, and the body fell upon the scaffold. The executioner, searching his pockets, found in them a silver crucifix, his beads, and half-a-guinea. No friend attended the man who had been so long exiled from his own country, on the scaffold; but four undertakers' men stood, with a piece of red cloth, to receive the head of the ill-fated Charles Radcliffe. His body, being wrapt in a blanket, was put into the coffin, with his head, and conveyed to the Nag's Head, in Gray's Inn Lane, and thence, in the dead of the night, to Mr. Walmsbey's, North Street, Red Lion Square, whence it was removed to be interred in the church-yard of St. Giles's-in-the-Fields, where a neglected stone alone marks his burial-place. The following is the inscription on the coffin:—"Carolus Radcliffe, comes de Derwentwater, decollatus, die 8vo. Decembris, 1746, aetatis 53." To this were added the words, so appropriate to the close of an adventurous life, "Requiescat in pace."

Desolate as these last hours appear to have been, and uncheered by the presence of a friend, some tender care was directed to the remains of the unfortunate sufferer. His head was afterwards sewn on to the body by a dependant of Lord Petre's family, a woman of the name of Thretfall, whose grandson, a carpenter, who lived for many years at Ingatestone Hall, Essex, a seat of Lord Petre's, used to relate to the happier children of a later generation (the descendants of James, Earl of Derwentwater), the circumstances, of which he had heard in his childhood. The Countess of Newburgh was afterwards buried by the side of her husband; and the sexton of St. Giles's Church, some years since, on the lid of the coffin giving way, perceived some gold lace in a state of preservation; so that it seems probable that the blanket in which the bleeding remains were removed, was superseded by the costly and military attire worn by the prisoner.

Previous to his death Mr. Radcliffe wrote to his family. His letters, and all the memorials of his brother, and of himself, have been sedulously preserved by the family to whom they have descended. Lady Anna Maria Radcliffe, the only daughter of James, Earl of Derwentwater, married in 1732, James, eighth Baron Petre, of Writtle, county Essex. A connexion had already subsisted between the families, a sister of Lord Derwentwater having married a Petre of the collateral branch, seated at Belhouse, in Essex, which branch is now extinct.

Lady Anna Radcliffe appears to have entertained the deepest reverence for her father's memory, and to have held all that belonged to him, or that related to his fate, sacred. She caused a large mahogany chest to be made to receive the clothes which he wore on the scaffold, and also the covering of the block; likewise, a cast of his face taken after death: and having deposited these relics in the chest, she added a written paper with her seal and signature, Anne Petre, authenticating the said apparel and documents, and solemnly forbidding any of her descendants or other persons to make use of the chest for any other purpose, but "to contain her father's clothes, unless some other receptacle more costly be by them provided." This box is deposited in a room at Thorndon Hall, with letters and papers relating both to James, Lord Derwentwater, and to his brother Charles.

The eldest son of Mr. Radcliffe, called the Lord Kinnaird, in right of the Barony of Kinnaird, remained a prisoner in the Tower at the time of his father's execution; and the uncertainty of that young man's fate must greatly have added to the distress of his father. In the spring of 1746, he was suffered to return to France, on a cartel, an exchange of prisoners including him as a native of France. The circumstance to which the youth owed his long imprisonment, was a report which gained ground that he was the second son of James Stuart, Henry Benedict, whom the English political world believed, at that time, to be on the eve of going to Ireland, and under this impression, the mob followed the young man as he was conveyed from the vessel to the Tower with insults. Before returning to France, he was received by the Duke of Richmond, his mother's relative, with great consideration, and entertained at what Horace Walpole terms "a great dinner."[417] Such was what the same author calls the Stuartism in some of the highest circles.

Lord Kinnaird afterwards put in a claim for the reversion of the Derwentwater estate, but without success, for it had already been sold by the Commissioners. A scene of iniquitous fraud, in the sale of the forfeited estate belonging to Lord Derwentwater was afterwards detected by Lord Gage, for which Dennis Bond, Esquire, and Sergeant Birch, Commissioners of the sale, were expelled the House.[418] In 1749, an Act was passed vesting the several estates of James, Earl of Derwentwater in trustees, for the benefit of Greenwich Hospital; but, out of the funds thus arising, 30,000l. was appropriated to the widowed Countess of Newburgh, and the interest of the remaining 24,000l., was to be paid to James Bartholomew, Lord Kinnaird, during his life, and after his death the principal to revert to his eldest son.[419] From the Chevalier, the widowed Countess of Newburgh received, as the following letter will shew, much kindness and sympathy; the conduct of James to his fallen and powerless adherents, appears to have been almost invariably marked by compassion and generosity. The Countess of Newburgh survived her husband ten years, during which time the affection of the Chevalier, and of his sons, for her husband's memory was evinced by kindness to his widow, as the following letter testifies:—



LADY DERWENTWATER TO THE CHEVALIER DE ST. GEORGE.[420]

Sir,

I received the honour of our Majesty's most gracious letter, and beg leave to return my grateful thanks. Your Majesty is very good in commending my dear Lord who did but his duty: he gave his life most willingly for your Majesty's service, and I am persuaded that your Majesty never had a subject more attacht to his duty than he was. The Prince of Wales and the Duke of York have been so good to show a great concern for my loss, and recommended most strongly to the King of France my famyly. His Majesty has been most extremely good and gracious to them. My son, that was Captain in Dillon's, has now the Brevet of Colonel reform'd with appointments of 1800 livres a-year; his sisters have 150 livres a-year each of them, with his royal promis of his protection of the famyly for ever. The Marquise de Mezire, and her daughter the Princess de Monteban have been most extremely friendly to my famyly in this affair.

I am, your Majesty's most dutyfull subject,

CHARLOTTE DERWENTWATER. St. Germains, February, ye 10th, 1747.

Of the Countess's two younger sons, one, James Clement Radcliffe, an officer in the French service, survived till 1788, the other, who bore his father's name, Charles, died in 1749. Three of her daughters died unmarried, but Lady Mary, the fourth, married Francis Eyre, Esq., of Walworth Castle, Northamptonshire. On the failure of the issue of three sons, in 1814 the title of Newburgh passed into the family of Eyre through the marriage of the above Mary, and devolved upon Francis Eyre, the grandson of Charlotte Countess of Newburgh, and of Charles Radcliffe, father of the present Earl of Newburgh.

By the marriage of Lady Anne Radcliffe, the only daughter of James, Earl of Derwentwater, in 1732, to Robert James, eighth Baron Petre, the present Lord Petre is the rightful representative of that attainted nobleman, being the third in direct descent from Lady Anne Radcliffe, whose only brother, John,[421] was killed accidentally abroad, having never been married.[422]

In concluding this account of the unfortunate Charles Radcliffe, a reflection naturally arises in the mind, how different would have been the spirit of administration in the present day to that which the government of that period displayed:—how great would have been the horror of shedding the blood of honourable and valiant men; how universal the sentiment of mournful commiseration; and how strong the conviction, that men, so true to an ill fated cause, would have been faithful to any engagements which required them to abandon their efforts in that cause; had clemency, but too imperfectly understood in those turbulent and merciless times, excited their gratitude, and for ever ensured their fidelity.

FOOTNOTES:

[399] "Genuine and Impartial Memoirs of the Life and Character of Charles Radcliffe, wrote by a Gentleman of the Family, (Mr. Eyre,) to prevent the public being imposed on by any erroneous or partial accounts, to the prejudice of this unfortunate gentleman." London, printed for the Proprietor, and sold by E. Cole, 1746.

[400] Hodgson's Hist. of Northumberland, vol. ii. p. 227, note.

[401] Ibid. p. 233.

[402] Fever.

[403] At Thorndon, the seat of Lord Petre, in Norfolk, are other original letters of Lord Derwentwater, referring to his wife. In most touching terms he thanks the mother of Lady Derwentwater for having "given her to him." This, and other interesting documents, are highly prized, and consequently carefully preserved by the ancient and noble family to whom they have descended.

[404] See Life of Lord Derwentwater, vol. i.

[405] Ibid. 14.

[406] Secret History of the Rebels in Newgate, 3rd edition, London, 1716.

[407] Ibid. p. 8.

[408] Secret History.

[409] State Trials.

[410] For this anecdote, and also for a considerable portion of the materials of this Memoir, I am indebted to the great kindness and intelligence of the Hon. Mrs. Douglas, daughter of the present Lord Petre.

[411] Wood's Peerage.

[412] MS. Letter.

[413] I must again refer to the information supplied by the Hon. Mrs. Douglas.

[414] Life of Charles Radcliffe, p. 25.

[415] Letter to G. Montagu, p. 18.

[416] State Trials; quoted from the Impartial History of the late Charles Radcliffe, written at the time.

[417] Letter to Sir H. Mann, vol. ii. p. 140.

[418] A review of the reign of Geo. II. London. 1762.

[419] Douglas's Peerage, Edit. by Wood.

[420] Brown's Hist. Highlands, (Stuart Papers, Appendix) page 491.

[421] In my first volume, I have stated that the Earl of Newburgh was the direct representative of James Earl of Derwentwater. (See p. 280, vol. i.) Into this error I was betrayed by an obscure passage in Burke's Extinct Peerage.

I am indebted to the Hon. Mrs. Douglass, to whom I have before expressed my obligations, for a correction of this mistake, and also for the copy of the pedigree in the Appendix. This lady has also explained the reason why so many accounts have stated that the body of James Earl of Derwentwater was interred in St. Giles's Church-yard. His body was privately removed to Dagenham Park, in Essex, a house his Countess had hired in order to be near London. A report, meanwhile, was circulated by his friends that he had been buried in St. Giles's; and, when no further danger of tumult was to be apprehended, the remains of the Earl were deposited with his ancestors in the vaults of the chapel at Dilstone.

The mother of the present Mr. Howard, of Corby Castle, and sister of Sir Thomas Neave, Bart., has often related to her young relations, that when she and her sisters were children, they were afraid to pass at night along the gallery at Dagenham, it being popularly supposed that Lord Derwentwater still walked there, carrying his head under his arm. This must have been, at least, seventy years after his death.

[422] See Appendix, No. 2, also note.



APPENDIX

No. I.

This letter was addressed by the Rev. Joseph Spence, author of "Polymetus," and of "Spence's Anecdotes," and prebend of Durham, to his father, who had forbidden him to enter into the society of the Chevalier, at Rome.

The Rev. Joseph Spence left this letter, with other MSS. and books, to the late Mrs. Coltman, mother of Samuel Coltman, Esq., of Darley Dale. It is not dated, but undoubtedly refers to the Chevalier, James Stuart.

"Sir,

"About a month ago, Mr. —— and I being in search of some of the antiquities of your place, we became acquainted with an English gentleman, very knowing in this kind of learning, and who proved of great use to us; his name is Dr. Cooper, a priest of the Church of England, whom we did not suspect to be of the Pretender's retinue, but took him to be a curious traveller, which opinion created in me a great liking for his conversation. On Easter eve, he made us the compliment, that as he supposed us bred in the profession of the said Church, he thought it incumbent on him to invite us to divine service, next day being Easter Sunday. Such language, at Rome, appeared to me a jest. I stared at the Doctor, who added that the Pretender (whom he called king), had prevailed with the late pope, to grant licence for having divine service according to the rules of the Church of England, performed in his palace, for the benefit of the Protestant gentlemen of his suite, his domestics, and travellers; and that Dr. Berkley and himself were appointed for the discharge of this duty; and that prayers were read as ordinarily here as in London. I should have remained of St. Thomas's belief, had I not been a witness that this is a matter of fact, and as such, have noted it down, as one of the greatest wonders of Rome. This was the occasion of my first entrance into the Pretender's house: I became acquainted with both the Doctors, who are sensible, well-bred men. I put several questions to them about the Pretender, and, if credit can be given them, they assure me he is a moral, upright man, being far from any sort of bigotry, and most averse to disputes and distinctions of religion, whereof not a word is admitted in his family. They described him in person very much to the resemblance of King Charles II., which they say he approaches more and more every day, with a great application to business, and a head well turned that way, having only some clerks, to whom he dictates such letters as he does not write with his own hand. In some days after, my friend and I went to take the evening air, in the stately park called Villa Ludovici, there we met, face to face, on a sudden, with the Pretender, his Princess, and court; we were so very close before we understood who they were, that we could not retreat with decency, common civility obliged us to stand side-ways in the alley, as others did, to let them pass by. The Pretender was easily distinguished by his star and garter, as well as by his air of greatness, which discovered a majesty superior to the rest. I felt at that instant of his approach, a strange convulsion in body and mind, such as I never was sensible of before, whether aversion, awe, or respect occasioned it, I can't tell: I remarked his eyes fixed on me, which, I confess, I could not bear—I was perfectly stunned, and not aware of myself, when, pursuant to what the standers-by did, I made him a salute; he returned it with a smile, which changed the sedateness of his first aspect into a very graceful countenance; as he passed by I observed him to be a well-sized, clean-limbed man. I had but one glimpse of the Princess, which left me a great desire of seeing her again; however, my friend and I turned off into another alley, to reason at leisure on our several observations: there we met Dr. Cooper, and, after making some turns with him, the same company came again in our way. I was grown somewhat bolder, and resolved to let them pass as before, in order to take a full view of the Princess: she is of a middling stature, well-shaped, and has lovely features: wit, vivacity, and mildness of temper, are painted in her look. When they came to us, the Pretender stood, and spoke a word to the Doctor, then looking at us, he asked him whether we were English gentlemen; he asked us how long we had been in town, and whether we had any acquaintance in it, then told us he had a house, where English gentlemen would be very welcome. The Princess, who stood by, addressing herself to the Doctor in the prettiest English I think I ever heard, said, 'Pray, Doctor, if these gentlemen be lovers of music, invite them to my concert, to-night; I charge you with it;' which she accompanied with a salute in the most gracious manner. It was a very hard task, sir, to recede from the honour of such an invitation, given by a princess, who, although married to the Pretender, deserves so much in regard to her person, her house, and family. However, we argued the case with the Doctor, and represented the strict orders we had to the contrary; he replied, there would be no prohibition to a traveller against music, even at the ceremonies of the Roman Catholic Church; that if we missed this occasion of seeing this assembly of the Roman nobility, we might not recover it while we stayed in Rome; and, that it became persons of our age and degree to act always the part of gentlemen, without regard to party humours. These arguments were more forcible than ours, so we went, and saw a bright assembly of the prime Roman nobility, the concert composed of the best musicians of Rome, a plentiful and orderly collation served; but the courteous and affable manner of our reception was more taking than all the rest. We had a general invitation given us whilst we stayed in town, and were desired to use the palace as our house, we were indispensably obliged to make a visit next day, in order to return thanks for so many civilities received;—those are things due to a Turk. We were admitted without ceremony; the Pretender entertained us on the subject of our families as knowingly as if he had been all his life in England: he told me some passages of myself and father, and of his being against the followers of King Charles I. and II., and added, "that if you, sir, had been of age before my grandfather's death, to learn his principles, there had been little danger of your taking party against the rights of a Stuart."

"He then observed how far the prejudices of education and wrong notions of infancy are apt to carry people from the paths of their ancestors: he discoursed as pertinently on several of our neighbouring families as I could do, upon which I told him I was surprised at his so perfect knowledge of our families in England; his answer was, that from his infancy he had made it his business to acquire the knowledge of the laws, customs, and families of his country, so that he might not be reported a stranger when the Almighty pleased to call him thither. These and the like discourses held until word was brought that dinner was served; we endeavoured all we could to withdraw, but there was no possibility for it after he had made us this compliment, "I assure you, Gentlemen, I shall never be for straining man's inclinations; however, our grandfathers, who were worthy people, dined, and I hope there can be no fault found that we do the same." There is every day a regular table of ten or twelve covers well served, unto which some of the qualified persons of his court, or travellers, are invited: it is supplied with English and French cooking, French and Italian wines; but I took notice that the Pretender eat only of the English dishes, and made his dinner of roast-beef, and what we call Devonshire-pie: he also prefers our March beer, which he has from Leghorn, to the best wines: at the dessert, he drinks his glass of champagne very heartily, and to do him justice, he is as free and cheerful at his table as any man I know; he spoke much in favour of our English ladies, and said he was persuaded he had not many enemies among them; then he carried a health to them. The Princess with a smiling countenance took up the matter, and said, "I think then, Sir, it would be but just that I drink to the cavaliers." Sometime after, the Pretender begun a health to the prosperity of all friends in England, which he addressed to me. I took the freedom to reply, that as I presumed he meant his own friends, he would not take it ill that I meant mine. "I assure you, Sir," said he, "that the friends you mean can have no great share of prosperity till they become mine, therefore, here's prosperity to yours and mine." After we had eat and drank very heartily, the Princess told us we must go see her son, which could not be refused; he is really a fine promising child, and is attended by English women, mostly Protestants, which the Princess observed to us, saying, that as she believed he was to live and die among Protestants, she thought fit to have him brought up by their hands; and that in the country where she was born, there was no other distinction but that of honour and dishonour. These women, and particularly two Londoners, kept such a racket about us to make us kiss the young Pretender's hand that to get clear of them as soon as we could, we were forced to comply: the Princess laughed very heartily, and told us that she did not question but the day would come that we should not be sorry to have made so early an acquaintance with her son. I thought myself under a necessity of making her the compliment, that being hers, he could not miss being good and happy. On the next post day, we went, as commonly the English gentlemen here do, to the Pretender's house for news. He had received a great many letters, and after perusing them he told us that there was no great prospect of amendment in the affairs of England; that the Secret Committee and several other honest men were taking abundance of pains to find out the cause of the nation's destruction, which knowledge, when attained to, would avail only to give the more concern to the public without procuring relief; for that the authors would find means to be above the reach of the common course of justice: he bemoaned the misfortune of England groaning under a load of debts, and the severe hardships contracted and imposed to support foreign interests: he lamented the ill-treatment and disregard of the ancient nobility; and said it gave him great trouble to see the interest of the nation abandoned to the direction of a new set of people, who must at any rate enrich themselves by the spoil of their country: "some may imagine," continued he, "that these calamities are not displeasing to me, because they may, in some measure, turn to my advantage; I renounce all such unworthy thoughts.""[423]

FOOTNOTE:

[423] The rest of the letter not being material, is omitted.



No. II.—THE PEDIGREE OF THE DERWENTWATER FAMILY. (See Page 513.)

Francis Radcliffe, 1st Earl of Derwentwater; died 1696;===Catherine Fenwick. + -+-+-+-+ +-+-+-+ Francis, 2nd Earl of Derwentwater; === Lady Mary Tudor; born 1673; Four sons; Four born ; married 1687; died 1705. mar. three times; died 1726. whose fates daughters. are unknown. + -+ -+ + James, 3rd Earl===Anna Maria Francis; Charles === Charlotte, Countess of Mary === Mr. Derwentwater; Webb; no Radcliffe; Newburgh, in her own Tudor. Petre, beheaded 1716; born 1693; issue. beheaded right, the descendants of aged 26. mar. 1712; 1746, of her daughter in her Belhouse. died 1723. aged 53. first husband, Thomas Clifford, being born No surviving issue. aliens do not succeed. She died 1755. + -+ John, died Anne === Robert James, unmarried, Radcliffe; 8th Lord Petre; about 1730. born 1713 born 1713; mar. 1732; mar. 1732; died 1760. died 1742. + -+ -+ James Bartholomew,==Miss James; Mary; born==Francis + + 4th Earl Newburgh; Kemp. no issue; ; mar. Eyre, of born 1725-6; mar. died 1788. 1755; died Hassop Robert, 9th Lord === Anne Howard; 1749; died 1786. 1798. Petre; b. 1733; born 1742; mar. 1762; mar. 1762; + + died 1801. died 1787. Anthony, === Miss Webb; + -+ 5th Earl now Newburgh; living, Robert, 10th === Mary Howard; Other b. ; 1846. + + Lord Petre; born 1767; Issue. mar. 17 ; born 1763; mar. 1786; died 1814. Francis Eyre,===Miss Gladwin. Other mar. 1786; died 1843. 6th Earl issue. died 1809. No issue. Newburgh; born 1762; + + mar. 1787; died 1827. William, 11th, and Other present, Lord issue. + + +-+-+ Petre. Thomas Eyre, 7th Earl Francis Eyre, 8th, Three Newburgh; born 1790; and present, Earl daughters. mar. 1817; died 1833. Newburgh. No issue.



No. III.

The following address affords a curious specimen of the subtlety of Lord Lovat, and the mode usually adopted by him of cajoling his clan. It was copied by Alexander Macdonald, Esq., from an old process, in which it was produced before the Court of Session, and it is preserved in the Register House, Edinburgh; the signature, date, and address are, holographs of Lord Lovat.

THE HONOURABLE THE GENTLEMEN OF THE NAME OF FRASER.

My dear Friends,

Since, by all appearances, this is the last time of my life I shall have occasion to write to you, I being now very ill of a dangerous fever, I do declare to you before God, before whom I must apear, and all of us at the great day of Judgement, that I loved you all, I mean you and all the rest of my kindred and family who are for the standing of their chief and name; and, as I loved you, so I loved all my faithful Commons in general more than I did my own life or health, or comfort, or satisfaction; and God to whom I must answer, knows that my greatest desire and the greatest happiness I proposed to myself under heaven was, to make you all live happy and make my poor Commons flourish; and that it was my constant principle to think myself mutch hapier with a hundred pounds and see you all live well at your ease about mee than have ten thousand pounds a year, and see you in want or misery. I did faithfully desire and resolve to make up, and put at their ease Allexander Fraser of Topatry, and James Fraser of Castle Ladders and their familys; and whatever disputs might ever be betwixt them and me which our mutual hot temper occasioned, joyned with the malice and calomny of both our ennemies, I take God to witness, I loved those two brave men as I did my own life for their great zeal and fidelity they showed for their chief and kindred; I did likewise resolve to support the families of Struy Foyers and Culdithels families, and to the lasting praise of Culdithel and his familie. I never knew himself to sarwe from his faithfull zeal for his chief and kindred, nor none of his familie, for which I hope God will bless him and them and their posterity. I did likewise desyring to make my poor Commons live at their ease and have them always well clothed and well armed after the Highland maner, and not to suffer them to wear low country cloths, but make them live like their forefathers with the use of their arms, that they might always be in condition to defend themselves against their ennemies, and to do service to their friends, especially to the great Duke of Argile, and to his worthy brother the Earl of Illay, and to that glorious and noble famyly who were always our constant and faithful friends; and I conjure you and all honest Frasers to be zealous and faithfull friends and servants to the family of Argile and their friends, whilst a Campbell and a Fraser subsists. If it be God's will that for the punishment of my great and many sins and the sins of my kindred, I should now depart this life before I put these just and good resolutions in execution; yet I hope that God in his mercy will inspire you and all honest Frasers to stand by and be faithfull to my cousin Inverlahie and the other heirs male of my family, and to venture your lives and fortunes to put him or my nearest heirs male named in my Testament written by John Jacks, in the full possession of the estate and honours of my forefathers, which is the onely way to preserve you from the wicked designs of the family of Tarbat and Glengary joyned to the family of Athol: and you may depend upon it, and you and your posterity will see it and find it, that if you do not keep stedfast to your chief, I mean the heir male of my famyly; but weakly or falsely for little private interest and views abandon your duty to your name, and suffer a pretended heiresse, and her Mackenzie children to possess your country and the true right of the heirs male, they will certainly in les than an age chasse you all by slight and might, as well Gentlemen, as Commons, out of your native country, which will be possessed by the Mackenzies and the Mackdonalls, and you will be, like the miserable unnatural Jews, scattered, and vagabonds throughout the unhappy kingdom of Scotland, and the poor wifes and children that remains of the name, without a head or protection when they are told the traditions of their familie will be cursing from their hearts the persons and memory of those unnaturall cowardly knavish men, who sold and abandoned their chief, their name, their birthright, and their country, for a false and foolish present gain, even as the most of Scots' people curs this day those who sold them and their country to the English by the fatal union, which I hope will not last long.

I make my earnest and dying prayers to God Almighty, that he may, in his mercy, thro the merits of Christ Jesus, save you and all my poor people, whom I always found honest and zealous to me and their duty, from that blindness of heart that will inevitably bring those ruins and disgraces upon you and your posterity; and I pray that Almighty and Mercifull God, who has often miraculously saved my family and name from utter ruin, may give you the spirit of courage, of zeal, and of fidelity, that you owe to your chief, to your name, to your selves, to your children, and to your country; and may the most mercifull, and adorable Trinity, Father, Son and Holy Spirit, three persons, one God, save all your souls eternally, throu the blood of Christ Jesus, our Blessed Lord and Saviour, to whom I heartily recommende you.

I desire that this letter may be kept in a box, at Beaufort, or Maniack, and read once a-year by the heir male, or a principale gentleman of the name, to all honest Frasers that will continue faithfull to the duty I have enjoined in this above-written letter, to whom, with you and all honest Frasers, and my other friends, I leave my tender and affectionat blessing, and bid you my kind, and last farewell.

LOVAT.

London, the 5 of Aprile, 1718.

Not being able to write myself, I did dictat the above letter to the little French boy, that's my servant. It contains the most sincere sentiments of my heart; and if it touch my kindred in reading of it, as it did me while I dictat it, I am sure it will have a good effect, which are my earnest prayers to God.



IV.

Allusion having been made often, in the course of these memoirs, to the process of "serving oneself heir" to an estate, in Scotland: the following document,[424] shewing the form of such a process, may not be deemed uninteresting.

Claim for William Maxwell, Esq. of Carruchan, who served heir-male in general of Robert, Fourth Earl of Nithisdale.

"Honourable persons and good men of Inquest: I, William Maxwell, of Carruchan, who was son of Captain Maxwell of Carruchan, who was son of Alexander Maxwell, of Yark and Terraughty, who was son of the Honourable James Maxwell, of Breckonside, immediate younger brother of John, third Earl of Nithisdale, who was father of Robert, fourth Earl of Nithisdale, say unto your wisdoms, that the said Maxwell of Nithisdale, nephews of my great-great-great-grandfather, died in the faith and peace of our Sovereign Lord the King then reigning, and that I am nearest and lawful heir male in general to the said Robert, fourth Earl of Nithisdale, the nephew of my great-great-great-grandfather, and that I am of lawful age. Therefore I beseech your wisdoms to serve and cognesce me nearest and lawful heir male in general to the said deceased Robert, fourth Earl of Nithisdale, and cause your clerk of the Court to return my service to your Majesty's Chancery. Under my seal,

"According to justice and your wisdom's answer, &c. &c."

FOOTNOTE:

[424] I am indebted for a copy of this process to Sir John Maxwell, Bart. Pollok.

* * * * *

Transcriber's Note: The following errors in the original have been corrected.

Contents page - page number for Flora McDonald changed from 294 to 310

Page 20 - no footnote marker for second footnote

Page 88 - missing quotation mark added before (that is to say,

Page 95 - missing quotation mark added after of the heather. Vestiarum Scoticum changed to Vestiarium Scoticum

Page 98 - extra quotation mark removed from after retreat to the Prince.

Page 109 - extra quotation mark removed from after in a few days.

Page 116 - missing quotation mark added before was pretty well filled

Page 155 - Charles had carefuly changed to Charles had carefully

Page 195 - missing quotation mark added About the same time

Page 218 - missing quotation mark added after (1751), and before for my wife

Page 242 - recal the slow changed to recall the slow

Page 263 - missing quotation mark added after light from Heaven.

Page 287 - extra quotation mark removed from before The Duke of Perth marched

Page 301 - Roman Carholic changed to Roman Catholic

Page 305 - extra quotation mark removed from after Antwerpiae jacet.

Page 350 - extra comma removed from after know who might

Page 382 - missing quotation mark added after Earls of Kilmarnock.

Page 387 - extra quotation mark removed from after Linlithgow, and Calendar;

Page 408 - recal of Arthur changed to recall of Arthur

Page 422 - removed unnecessary apostrophe from after giving their Lordships

Page 431 - missing quotation mark added before would as soon be hanged

Page 436 - and exexempt changed to and exempt Craufurland Castle, Kilmarnock changed to Craufurdland Castle, Kilmarnock

Page 438 - missing quotation mark added after receiving a remedy.

Page 442 - inquired Mr. Forster, changed to inquired Mr. Foster,

Page 443 - missing quotation mark added after Lord Balmerino's execution.

Page 450 - missing quotation mark added before is one of antiquity

Page 474 - missing quotation mark added before I now, with my

Page 476 - missing quotation mark added before I put him in mind

Page 477 - missing quotation mark added before His agreeable look

Page 488 - missing quotation mark added after designs for London. Adieu!

Page 491 - missing volume number in footnote inserted.

Page 496 - where at the highest changed to were at the highest

Page 504 - Willian Pitt, Esq. changed to William Pitt, Esq.

Page 510 - was a a report changed to was a report

Page 518 - missing quotation mark added before He then observed

Page 520 - missing quotation mark added after such unworthy thoughts."

THE END