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 was guilty!
All said, "guilty upon honour," and then adjourned, the prisoner having
begged pardon for giving them so much trouble. While the Lords were
withdrawn, the Solicitor-General Murray (brother of the Pretender's
minister) officiously and insolently went up to Lord Balmerino, and
asked him, how he could give the Lords so much trouble, when his
solicitor had informed him that his plea could be of no use to him?
Balmerino asked the bystanders who this person was? and being told he
said, "Oh, Mr. Murray! I am extremely glad to see you; I have been with
several of your relations; the good lady, your mother, was of great use
to us at Perth." Are not you charmed with this speech? how just it was!
As he went away, he said, "They call me Jacobite; I am no more a
Jacobite than any that tried me: but if the Great Mogul had set up his
standard, I should have followed it, for I could not starve." The worst
of his case is, that after the battle of Dumblain, having a company in
the Duke of Argyll's regiment, he deserted with it to the rebels, and
has since been pardoned. Lord Kilmarnock is a Presbyterian, with