well-affected gentry of the county for the protection of the neighbourhood; and Nithisdale was traversed by armed bands,—Closeburn House, then the residence of Sir Thomas Kirkpatrick,[12] being a frequent point of union for the friends of the Hanoverian interests to assemble.[13] At Trepons, in the upper part of Nithisdale, was the first blood drawn that was shed in this disastrous quarrel, Mr. Bell of Nimsea, a Jacobite gentleman, being there shot through the leg by one of the guards, on his refusing to obey orders.[14] The occurrence was typical of the remorseless cruelty which was afterwards exhibited towards the brave but unfortunate insurgents.

By a clause in the act "for encouraging loyalty in Scotland," passed on the thirtieth of August, power was given to the authorities to summon to Edinburgh all the heads of the Jacobite clans, and other suspected persons, by a certain day, to find bail for their good conduct. Among the long list of persons who were thus cited to appear, was the Earl of Nithisdale. Upon his non-appearance, he was, with the rest, denounced, and declared a rebel.[15] This citation was followed by an outbreak on the part of Lord Kenmure and his followers, simultaneous to that on which the Northumberland Jacobites had decided. And the borders now became the chief haunts of the insurgents, who continued moving from place to place, and from house to house, in order to ripen the scheme which involved, as they considered, their dearest interests.

The loyal inhabitants of Dumfries were engaged, one Saturday, in the solemnities of preparation for the holy sacrament, when they received intimation of a plot to surprise and take possession of the town on the following sabbath, during the time of communion. This project was defeated by the prompt assembling of forces, notwithstanding that Lord Kenmure, with one hundred and fifty-three horsemen, advanced within a mile and a half of the town, on his march from Moffat. Upon being advised of the preparations made for defence, this too prudent commander addressed his troops, and said, "that he doubted not there were, in the town, as brave gentlemen there as himself, and that he would not go on to Dumfries that day." He returned to Lochmaben, where, on the following Thursday, the Pretender's standard was proclaimed: Lochmaben is a small market-town about fifteen miles from Dumfries; it served for some time as the head-quarters of the Jacobite party. "At their approach," relates the historian of that local insurrection, "the people of that place had put their cattle into a fold to make room for their horses; but the beasts having broken the fold, some of them drew home to the town a little before day; and a townsman, going to hunt one of 'em out of his yeard, called on his dog nam'd 'Help.' Hereupon the sentries cried 'Where?' and apprehending it had been a party from Dumfries to attack them, gave the alarm to the rebels, who got up in great confusion."

Lord Kenmure, attended by the Jacobite chiefs, and Lord Nithisdale, soon quitted the town of Lochmaben; and proceeding to Ecclefechan, and thence marching to Langholme, reached Hawick on the fifteenth of September, and determined on proceeding from that place into Teviotdale. Meantime measures were taken by the Duke of Roxburgh, who was Lieutenant Governor of Dumfriesshire, to prevent the Castle of Carlaverock being made available for the Jacobite forces. The Duke gave orders that the back bridge of the isle should be taken off, and a communication thus cut off between the Papists in the lower part of Galloway and the rebels in the borders. The inhabitants of the parish of Carlaverock were also strictly watched, being tenants, mostly, of the Earl of Nithisdale; and the same precaution was taken with regard to his Lordship's tenantry in Traquair, Terregles, and Kirkcunyean; yet, according to the statement of Mr. Reay, a most violent partisan against the Jacobites, the humble dwellers on these estates were but little disposed to follow their chieftain, who took, so the same account declares, "only two or three domestic servants with him."[16] This, however, is contradicted by the assertion of Mr. Patten, who specifies that Lord Nithisdale was followed by three hundred of his tenantry; and also by the expectations which were founded, upon a close survey and scrutiny, by the agents of the Chevalier before the outbreak.[17]

Lord Nithisdale had now taken a last farewell of the beautiful and smiling country of his forefathers; with what bright hopes, with what anticipations of a successful march and a triumphant return he may have quitted Terregles, it is easy to conjecture. Unhappily his enterprise was linked to one over which a man, singularly ill-fitted for the office of command, presided: for it was decreed that the Jacobite forces, under the command of Lord Kenmure, should proceed to the assistance of Mr. Forster's ill-fated insurrection in the north of England.

The history of that luckless and ill-concerted enterprise has been already given.[18] The Earl of Nithisdale was taken prisoner after the battle of Preston, but little mention is made of his peculiar services at that place.

Lord Nithisdale was, with other prisoners of the same rank, removed to London. The prisoners of inferior rank were disposed of, under strong guards, in the different castles of Lancaster, Chester, and Liverpool. The indignities which were wreaked upon the unfortunate Jacobites as they entered London have been detailed in the life of Lord Derwentwater. Amid the cries of a savage populace, and the screams of "No warming pan," "King George for ever!" an exclamation which proves how deeply the notion of spurious birth had sunk into the minds of the people, the Earl of Nithisdale was conducted, his arms tied with cords, and the reins of his horse taken from him, with his unfortunate companions, into the Tower. He arrived in London on the 9th of December, 1715.[19]

Of the manner in which the State prisoners of that period were treated, there are sufficient records left to prove that no feeling of compassion for what might be deemed a wrong, but yet a generous principle of devotion to the Stuarts, no high-toned sentiment of respect to bravery, nor consideration for the habits and feelings of their prisoners, influenced the British Government during that time of triumph. The mode in