After some preliminary observations on matters which were known to all the world, the Lord High Steward congratulated Lord Wintoun on his being about to be tried by the whole body of his peers, summoned indifferently. ‘Hence,’ added Lord Cowper, ‘your Lordship may be assured that justice will be administered to you, attended not only with that common degree of compassion which humanity itself derives to persons in your condition, but also with that extraordinary concern for you which naturally flows from a parity of circumstances common to yourself and to them who judge you――those bonds, the weighty accusation laid upon you with its consequences, almost only excepted.’ [Sidenote: _OPENING OF THE TRIAL._] If Lord Wintoun had hitherto felt as he looked, not very seriously concerned, the last words must have enforced some gravity of feeling and of bearing. What followed, as it sounded still more gravely, was calculated to inspire the accused with something like awe. It was to this effect: ‘You must not hope that if you shall be clearly proved guilty, their Lordships being under the strongest obligations to do right that can be laid on noble minds, I mean that of their honour, will not break through all the difficulties unmerited pity may put in their way, to do perfect justice upon you, however miserable that may render your condition.’ Lord Wintoun was then told that he might cross-examine any of the witnesses brought against him, but that his counsel might _not_. And he was bidden to observe that he was the first person impeached of high treason, whose witnesses in defence would be heard upon oath, whereby their credibility would be equal with that of the sworn witnesses of the Crown. [Sidenote: _THE LEGAL ASSAILANTS._] Finally, Lord Cowper bade the impeachers proceed, on the part of the Commons, with their work. Thereupon, these gentlemen flew at the earl like hawks at a defenceless pigeon. As soon as one was out of breath, and had exhausted one point, a colleague got up, fresh in wind, and roared out other charges. Mr. Hampden, in opening the accusation, contrived to strike at other persons as well as at the prisoner. He ridiculed Lord Wintoun’s plea that he had unconsciously as it were fallen into rebellion, and that when in it, he was rather passive than active. Hampden could see some shadow of reason for Papists seeking to overturn a Protestant throne, and to murder one whom they called a ‘heretic king;’ but he could not understand the infatuation of sympathising Protestants on any other ground than that they had been de-naturalised by the late Tory administration under Queen Anne! One curious remark was made by Hampden in the course of his speech, in these words: ‘Whatever misrepresentations other prosecutions were formally liable to, the notoriety of this rebellion has been so evident that the most malicious of our enemies want confidence to deny it.’