er brought in, amid an assembly of their compeers, his prisoners.
Lord Wintoun was alone absent; for he had obtained a few days of
delay.[25]

The Earl of Nithisdale pleaded guilty, with his companions in
misfortune. On Thursday, the nineteenth of January, when called upon for
his answer, his defence was couched in the following terms: "It is with
the greatest confusion," he began, "the said Earl appears at your
Lordships' Bar, under the weight of an impeachment by the Commons of
Great Britain for high treason." He went on to declare that he had ever
been a zealous assertor of the liberties of his country, and never
engaged in any design to subvert the established Government and good
laws of the kingdom.

When summoned by those who were entrusted with the administration of the
government in Scotland to Edinburgh, he did, he alleged, not obey the
summons, being assured that if he went thither he would be made a close
prisoner. He was therefore forced to abscond; for being at that time in
ill-health, a confinement in Edinburgh Castle would have endangered his
life. The Earl also stated that he had remained in privacy, until
several of the persons mentioned in the impeachment had appeared in arms
very near the place where they had lain concealed. He then
"inconsiderately and unfortunately" joined them, with four domestics
only, and proceeded in their company to the places named in the
indictment; but knew nothing of the intended insurrection until the
party "were actually in arms." After some expressions, stating that he
was deeply sensible of his offence, he confessed, with "a sorrow equal
to his crime," that he was guilty; "but referred to his hopes of mercy,
grounded on his having capitulated at Preston, where he performed the
duty of a Christian in preventing effusion of blood; and on his reliance
on his Majesty's mercy."

On being further asked by the Lord High Steward whether he had anything
to say "why judgment should not pass upon him according to law," Lord
Nithisdale recapitulated the points in his answer in so weak a voice,
that the Lord Steward reiterated the former question: "Have you pleaded
anything in arrest of judgment?" "No, my Lord, I have not," was the
reply.

The Earl of Nithisdale received the sentence of condemnation with the
other Lords; and, like them, had the misery of hearing his doom prefaced
by a long and admired harangue. The sentence was then pronounced in all
its barbarous particulariti