His Tears beton the ing. But the first and greatest instigator of the op perfect contempt for position to the crown. It was he, his ac alf Baths Uberries and institutions, and cuser said, who called the convention of thedino of the presby-estates in 1643, who entered into the solemn that implied, the league and covenant with England, who was ent for the intro- a party to the retaliations and cruelties com which had now been mitted on the royalists in the western islands, messenger who was a party also to the delivering up of to express his the king at Newcastle, opposed the engage at in carrying ment, was a party to the conditions which seminently coon had been attempted to be imposed on the king when he was restored to his Sesti

catherall power throne, and to the "murder of Montesse proceed to and had complied with the raion of ffcenfiomous Comel Argyle's reply was calm and The entry of the tangente. He declared hij he eto attration of the king, and end the tion of the pericas he had done to the cry and the By diferent marks of royal faro

ed to show how unlikely it we fac reting tiles, le fould have harboured dat

had shown a probable way for his return. | cation appeared in a transaction which If there were any guilt in what he had done marks the baseness of character of the latter. in this respect, the whole kingdom and the Rothes was to expostulate with Lauderdale, very people who were now sitting as his whom he reminded of Argyle's former oppojudges, had shared it with him. In the sition to him, and warned of letting such course of this defence, the marquis was con- a man escape who might regain his former tinually stopped by the interruptions and power, and become a dangerous rival. Laureproaches of the lord-advocate, sir John derdale listened to these reasons, and took Fletcher, to which he replied with meekness, care that the king's ear should be closed that he had learnt in the school of adversity against all appeals for mercy. When, howto suffer reproach. His advocates then put ever, the trial proceeded, and the evidence of in a protest that, since it was by order of the criminality since the year 1651 was gone into, parliament that they pleaded for the marquis, it was found to be worth so little, it was they should not be held responsible for any doubtful whether the marquis would not be observations they might chance to make acquitted, and after a long and impressive which could be interpreted as treasonable address from the earl of Loudon, the court and brought under the iniquitous Scottish was about to consider its sentence with law of lease-making. But the parliament feelings apparently favourable to the acrefused to receive this protest, alleging that cused. At this moment the effect of Glenit might be made a pretext for speaking treason, and telling the advocates that whatever they said in Argyle's defence must be said at their own risk. The marquis now, by their advice, gave in a petition praying to be tried by the justice court, on the ground that in the parliament, who were not all his peers, there were many who were totally unaccustomed to trying points of law. This proceeding was with equal injustice construed into a declining of the jurisdiction and authority of parliament, and the marquis was commanded to own the petition, or to state who wrote it, that they might prosecute its authors. The advocates were obliged to acknowledge the petition, and, after they had pleaded long in justification of it, they were pardoned, as a great act of indulgence on the part of the parliament, but the petition was refused. It was further ordered, to deprive the accused as much as possible of the advantages of counsel, that the defences, replies, &c., should be received only in writing. In the meantime, however, a letter had come from the king, forbidding the crown lawyers to prosecute the marquis on any charge which dated before the year 1651. This order was the result, partly, of the influence of Lauderdale, who feared that if the general indemnity procured at that time were broken in one instance, many of his own friends might be exposed to the avarice or revenge of Middleton, and partly of the personal intercessions of Lorn. As soon as Middleton perceived the effect of this influence, he sent the earis of Glencairn and Rothes in haste to London to counteract it. Glencairn was to address himself to Clarendon and Monk, and the effect of this appli

cairn's intrigues and of Monk's baseness, appeared. A messenger suddenly presented himself with a packet which he had brought post from London. When opened it was found to contain a number of letters written by the marquis of Argyle to Monk, while the latter was Cromwell's military governor of Scotland, which Monk had preserved thinking that at some subsequent period he might make them useful. They proved beyond a doubt Argyle's passive compliance with the de facto government of which Monk was the active agent, and therefore whatever degree of guilt they proved in Argyle, they proved an infinitely larger amount in Monk himself. When information was carried to London that the evidence against Argyle was likely to be insufficient, Monk had sent these letters down with the utmost dispatch by a special messenger, and upon them alone Argyle was found guilty of treason. The following day his forfeiture was pronounced; and at the same time it was decided that his punishment should be beheading, and that his head should be fixed on the same place which had formerly been occupied by that of Montrose. The sentence was pronounced by the earl of Crawford, and was received by Argyle on his knees, who, rising, told his judges that he remembered the circumstance of his having first placed the crown on the king's head, and added that, as he had ever wished him well, so now he prayed to God to bestow on him a crown of glory. The quiet dignity with which he supported his misfortunes, and the circumstances connected with them, drew tears even from those who had judged him, and a great part

of whom were more guilty than himself; Nobody was blind to the iniquity of the yet, when he prayed for a respite of ten sentence thus passed on one who has been days, that he might have time to communi- justly described as one of the most upright cate with the king, they refused it, and the statesmen of his age; and a feeling of comfurther indignity was added of throwing him miseration for his fate and abhorrence of his into the common gaol among ordinary pri- persecutors prevailed throughout Scotland. soners during the two days which were If the latter had gratified their revenge, allowed him to prepare for death. His last their rapacity was disappointed; for the lord interview with his lady was affecting, but he Lorn, who had married the niece of lady preserved the same calm and dignified bear- Lauderdale, was through the influence of ing which he had shown on his trial to the the secretary, allowed to succeed to his end, and he even remarked to the ministers father's estates and to all his titles except who attended him how, being naturally of a that of marquis. timorous disposition, he was wonderfully delivered from all fear. On the morning of the day of his execution he wrote a letter to the king, in which he asserted his innocence, recommended to his protection his widow and children, and begged that his just debts might be paid out of his estates. At twelve o'clock, the usual dinner-hour at that period, he dined with his friends. After dinner he retired to pray, and returning to his friends with a joyful countenance, he said to them, on quitting the gaol: "I could die like a Roman, but I choose rather to die like a Christian." On the scaffold he behaved himself with the same composure; and, in a speech addressed to the spectators, he again vindicated his own conduct from any guilt, declared that he forgave his enemies, and warned all from breaking the oath which they had taken to the covenant. He said that times had arrived when a man's only alternative was to sin or suffer, and that he joyfully chose the latter. He then went through the usual preliminary of execution, after which he again addressed those near him, saying: "Gentlemen, I desire you, and all that hear me, again to take notice and remember, that now, when I am entering into eternity and to appear before my judge, and as I desire salvation and expect eternal happiness from him, I am free from any accession, by knowledge, contriving, counsel, or any ways, of his late majesty's death; and I pray the Lord to preserve the present king, and to pour out his best blessings upon his person and government; and the Lord give him good and faithful counsellors." His head was then separated from his body by the instrument called the maiden, and was afterwards raised on the tollbooth, according to his sentence. The body was delivered to his friends, who carried it in procession to Kilpatrick, whence it was transported by water to Denoon, and finally interred in the family tomb at Kilmun.

Other trials were going on during the same period, but with various results. Twc of these, Swinton and Whisby, escaped through the interference of Middleton. The former had been a judge under Cromwell, and had been condemned at the parliament of Perth, so that it was only necessary to pronounce his sentence; but since his condemnation he had changed his political principles, repented of his previous actions, and turned quaker. He was pardoned, and allowed to retire to the north, where he made several converts to his religious principles, one of whom is said to have been the celebrated Barclay, whose apology for his sect is well known; but he is reported to have owed his escape to the circumstance that Middleton knew that Lauderdale would have obtained his estate had he been condemned. It was said that sir John Chiesley, who had also been forfeited by the parliament of Perth, possessed papers which proved Lauderdale's complicity in the act of delivering the late king to the English parliament, and that in return for these important documents, which might be useful against a dangerous rival, Middleton caused him to be passed over without judgment. According to other reports, he bought his impunity with money, a common transaction in the days of venal justice which followed the restoration. Mr. James Guthrie, one of the most distinguished ministers of the Scottish kirk, experienced a more me lancholy fate. He had been steady in his loyalty and in his opposition to Cromwell; but it was believed that his punishment would strike terror into the whole body of the presbyterians. His chief crime declining the king's authority in spiritual matters; but he was also accused of contriving the western remonstrance, of writing a book entitled the Causes of God's Wrath, and of subscribing the humble petition of the 23rd of August. He had offended the

king by telling him that he distrusted his | having now suffered eight months' imprisonprofessions of presbyterianism, and Middle- ment, that your lordship would put no furton by publishing a sentence of excommu- ther burden upon me. But, in the words nication against him decreed by the kirk of the prophet, Behold I am in your hands, for his conduct in 1656; and the anger of do to me what seemeth good to you.' I both was equally relentless. Guthrie made know for certain that the Lord hath coma very able defence, in which he admitted manded one to speak all these things, and all the facts adduced against him, but that if you put me to death, you shall bring showed by the law of the land that they innocent blood upon yourself and upon the were none of them treasonable, or even sedi- inhabitants of this city. My lord, my contious. "That I did never," he said in con- science I cannot submit; but this old crazy clusion, "propose or intend to speak or act body and mortal flesh I do submit to do anything disloyal, seditious, or treasonable, with whatsoever you will, whether by death, against his majesty's person, authority, or or banishment, or imprisonment, or anygovernment, God is my witness; and that thing else; only, I beseech you, ponder what I have spoken, written, or acted, in well what profit there is in my blood; it is any of these things wherewith I am charged, not extinguishing me nor many others, that hath been merely and singly from a prin- will extinguish the covenant and work of ciple of conscience, that, according to the reformation since 1638. No; my bondage, light given me of God, I might do my duty banishment, or blood, will contribute more as a minister of the gospel. But because for their extension than my life or liberty the plea of conscience alone, although it may could, were I to live many years. I wish extenuate, cannot wholly excuse, I do assert to my lord commissioner, and to all your that I have founded my speeches, writings, lordships, the spirit of judgment, wisdom, and actings in these matters on the word of and understanding, and the fear of the Lord, God, and on the doctrine, confession of that you may judge righteous judgment, in faith, and laws of this church and kingdom, which God may have glory, the king honour upon the national covenant of Scotland, and and happiness, and yourselves peace in the the solemn league and covenant betwixt great day of accounts." Before the parliathe three kingdoms. If these foundations ment proceeded to the verdict, many of the fall, I must fall with them; but if these members withdrew, some of them as they sustain and stand in judgment, as I hope went out citing the words of Scripture: they will, I cannot acknowledge myself, "We will have nothing to do with the blood neither I hope will his majesty's commis- of this just man." Guthrie was condemned sioner and the honourable court of parlia- to be hanged, and he underwent his senment judge me, guilty either of sedition or tence with the utmost fortitude; as did also treason." So anxious was the court to captain Govan, who was executed at the triumph over this man in such a way as to same time. Govan, as the rope was being humble the presbyterians, that every means adjusted to his neck, said: "Middleton and was attempted to induce him to withdraw I went out to the field together upon the his declinature, and he was offered not only same errant; now I am promoted to a cord, to be relieved from prosecution but to be and he to be lord high commissioner; yet promoted to a bishopric, if he would ac- would I not change situations with him for knowledge the king's absolute supremacy a thousand worlds!" Of the two other over the church. But he remained stead- ministers against whom prosecutions had fast, and at the end of a trial protracted been commenced, Mr. Patrick Gillespie esduring three weeks, he addressed the chan-caped through the interest of lord Sinclair, cellor, who presided, in the following lan- with only the sequestration of his living, guage:"My lord, I shall in the last place and Mr. Samuel Rutherford died before he humbly beg, that, having brought such could be brought to trial. pregnant and clear evidence from the word of God, so much divine reason and human law, and so much of the common practice of the kirk and kingdom, in my own defence; and being already cast out of my ministry, driven from my dwelling and deprived of my maintenance, myself and my family thrown upon the charity of others; and

Things had now been brought to a point at which it was believed that the attempt to reimpose the episcopal government on the Scots might be safely made. For this purpose Middleton was summoned to London, and there, in a meeting of the privy council, he gave the king an account of his management of affairs in Scotland, and expressed

his opinion strongly that matters had now quence of his letter to the presbytery of arrived at that point that people in general Edinburgh, immediately after the restorawith the recovery of royalty were ready to tion, in which he promised on the word of a return to episcopacy, as the natural ally of prince to preserve and protect the presbytethe crown. A number of the leading Scot- | rian form of government Clarendon, who tish nobles were present at this council disliked equally the Scots and their form of meeting, among whom was the earl of Glen- church government, backed the represencairn, who asserted that the Scots were tations of Middleton and Glencairn with all universally disgusted with the turbulent his influence, and told the king that he hoped conduct of their ministers, and that six to that God would ever preserve him from living one of the whole population would receive in a country where the church was indepenthe episcopal government as a favour. He dent of the state, and where therefore all insisted that presbyterianism was everywhere churchmen might be kings. This remark the religion of sedition and disloyalty, and seems to have dispelled all doubt that might that it ought not to be permitted to exist in have lingered in the royal mind, and Charles any well-ordered state. Rothes was of the resolved that episcopacy should be established same opinion as Glencairn. Lauderdale in Scotland. Lauderdale, when he saw that was more adverse to episcopacy, and urged the king had taken this resolution, deserted that it would be more prudent, before de- presbyterianism, and warmly advocated episciding on such an important question, to copal government. The result was that the adopt some measure for ascertaining the earl of Glencairn was dispatched in haste to real state of public opinion in the country, Scotland, accompanied by the earls of Rothes such as calling a general assembly, or con- and Sharp, and carrying a letter from the sulting the provincial synods, or calling a king to the Scottish privy council. In this meeting of divines of either party at West- letter the king began by a most unmanly minster to discuss the matter. Middleton evasion of his previous promise to the presinsisted that any of these plans would lead bytery of Edinburgh. "We did," he said, only to confusion, and would give the minis- by our letter to the presbytery of Edinters an opportunity of recovering their burgh, declare our purpose to maintain the power, whilst calling either general or syno- government of the church of Scotland, settled dal assemblies, would be an acknowledg- by law; and our parliament having since that ment of their legality and a breach of the time not only rescinded all the acts since the recissory act. The earl of Crawford (the trouble began referring to that government, Scottish treasurer) and the duke of Hamil- but declared also all those pretended parliaton alone pleaded for presbyterianism. The ments null and void, and left to us the seformer remained silent, until he was indi- curing and settling church government; we, rectly compelled to declare his opinion by therefore, in compliance with that act recisClarendon, who hoped to draw him into dis- sory, from our respect to the glory of God, grace, because he wanted to give him a suc- the good and interest of the protestant relicessor in the treasurership in the person of gion, from our pious care and princely zeal lord Maitland. He then assured the king for the order, unity, peace, and stability of that a vast majority of the Scottish people the church, and its better harmony with the were in favour of presbyterianism, and urged governments of the churches of England and strongly that he should follow Lauderdale's Ireland, have, after mature deliberation, deadvice, and consult the provincial synods. clared to those of our council here our firm He protested against ascribing the faults of resolution to interpose our royal authority presbyterians, to presbyterianism, alleging for the restoring of that church to its right that all systems were at times abused; that government by bishops, as it was by law, it would be better to leave to the Scots their before the late troubles, during the reigns of own church government, to which they were our royal father and grandfather of blessed accustomed, than introduce a new one, which memory." might lead to troubles and confusion; and he denied that the rccissory act abolished presbyterianism, which had been established by acts of assemblies approved by his father's commissioners. Hamilton remarked, that the recissory act itself had been allowed to pass with so much ease, chiefly in conse

Though a certain degree of freedom of discussion had been allowed in treating of this question in the privy council, such was not the case in Scotland, and although the king's declaration was received by the privy council in the most submissive manner, there was one of the councillors who, if he did not