character is to point out any favour to the criminal,
he crossed them, and almost scolded at any offer they made towards
defence." Such is the remark of Horace Walpole.[362] Comely in person,
and possessing a fine voice, Lord Hardwicke had every opportunity, on
this occasion, of a graceful display of dignity and courtesy; yet his
deportment, usually so calm and lofty, was obsequious, "curiously
searching for occasion to bow to the minister, and, consequently,
applying to the other ministers, in a manner, for their orders;--not
even ready at the ceremonial." Notwithstanding, Lord Hardwicke, on his
death-bed, could with confidence declare "that he had never wronged any
man." The unhappy Jacobites seem, indeed, to have been considered
exceptions to all the common rules of clemency. None of the Royal
Family were present at the trial, from a proper regard for the feelings
of the prisoners, and also, perhaps, from a nice sense of the
peculiarity of their own condition.

After the warrants to the Lieutenant of the Tower were read, the Lord
High Steward addressed the prisoners, telling them that although their
crimes were of the most heinous nature, they were still open to such
defences as circumstances, and the rules of law and justice would allow.
The indictments for high treason were then read: to these, Lords
Kilmarnock and Cromartie pleaded guilty; but when the question was put
to Lord Balmerino, he demanded boldly, but respectfully to be heard,
objecting to two clauses in the indictment, in which he was styled
"Arthur Lord Balmerino, of the town of Carlisle," and also charging him
with being at the taking of Carlisle, when he could prove "that he was
not within twelve miles of it." Not insisting upon these objections, and
the question being again put to him, he then pleaded, 'not guilty.' Lord
Kilmarnock and Lord Cromartie were removed from the bar, and the trial
of Balmerino began. It was prefaced by addresses from Sir Richard Loyd,
king's counsel, and from Mr. Serjeant Skinner, who made, what was justly
considered by H. Walpole, "the most absurd speech imaginable," calling
"Rebellion, surely the sin of witchcraft," and applying to the Duke of
Cumberland the unfortunate appellation of "Scipio."[363] The Attorney
General followed, and witnesses were afterwards examined, who fully
proved, though accused by Balmerino of some inconsistencies, his acts of
adherence to the Chevalier; his being present in towns where James
Stu