] Grose, 214.

[330] Memoirs of Lord Kilmarnock, p. 23.

[331] Life of Colonel Gardiner, by Dr. Doddridge, _passim_.

[332] Doddridge. Life of Colonel Gardiner, p. 155.

[333] Henderson, p. 130.

[334] State Trials of George II.

[335] Maxwell, p. 60.

[336] Forbes's Account, p. 20.

[337] Maxwell, p. 50. This Nobleman was at the battle of Culloden.

[338] Henderson, p. 332.

[339] Henderson, p. 130.

[340] Note in Chambers, p. 89.

[341] History of the Rebellion, from the Scots' Magazine, p. 198.

[342] Chambers, p. 89. Henderson, p. 334.

[343] Observations on the Account of the Behaviour of Lords Kilmarnock
and Balmerino, 1746.

[344] Ibid.

[345] Nesbitt, Heraldry, vol. i. p. 154.

[346] "Elphingstone, in the shire of Hadington, and in the parish of
Tranent, a village at the distance of three miles S.S.W. from
Tranent."--Edinburgh Gazetteer.

[347] Nesbitt, p. 154.

[348] Memoirs of Lord Balmerino. London, 1764.

[349] Wood's Peerage.

[350] Life of Lord Balmerino, p. 51. Buchan's Account of the Earls of
Keith, p. 149.

[351] Scots' Magazine for 1746.

[352] Scots' Magazine for 1746.

[353] Georgian Era.

[354] Wood's Peerage.

[355] Maxwell, p. 59.

[356] Georgian Era.

[357] State Trials, vol. xviii.

[358] Edinburgh Gazetteer. Art. "South Leith."

[359] History of the Rebellion from the Scots' Magazine, p. 302.

[360] Horace Walpole's Letters to Sir Horace Mann, vol. ii. p. 160.

[361] Georgian Era.

[362] Ibid.

[363] State Trials, vol. xviii. p. 466.

[364] Observations on the Account, &c., p. 23.

[365] Horace Walpole, vol. ii. p. 163

[366] Ibid. vol. ii. p. 115.

[367] Horace Walpole.

[368] See Scots' Magazine for 1746.

[369] State Trials.

[370] State Trials.

[371] Note. The plea was couched in these words: "July 29th, 1746. It is
conceived that the late Act of Parliament, empowering his Majesty to
transport such as are taken in arms from one county to another, where
they may be tried by the course of the common law, did not take place
till after that time, that the facts implying treason, were actually
committed by the accused prisoners, and if so, the Grand Jury of Surrey,
or of any other county whatsoever, where these acts of treason are not
alleged to have been committed, could not, agreeable to law, find bills
against such prisoners; and it may, on that score, be prayed, That the
indictment be quashed, or that an arrest of judgment be there