matter of the covenant: he protested his innocence, 1661. as to the death of the late king: he submitted patiently to his sentence, and wished the king a long and happy reign: he cast his family and children upon his mercy; and prayed that they might not suffer for their father's fault. On the twenty-seventh of May, the day appointed for his execution, he came to the scaffold in a very solemn but undaunted manner, accompanied with many of the nobility and some ministers. He spoke for half an hour with a great appearance of serenity. Cunningham, his physician, told me he touched his pulse, and that it did then beat at the usual rate, calm and strong. He did in a most solemn manner vindicate himself from all knowledge or accession to the king's death: he pardoned all his enemies; and 126 submitted to the sentence, as to the will of God: he spoke highly in justification of the covenant, calling it the cause and work of God; and expressed his apprehension of sad times like to follow; and exhorted all people to adhere to the covenant, and to resolve to suffer rather than sin against their consciences. He parted with all his friends very decently. And after some time spent in his private devotions he was beheaded m; [and did end his days much better than those who knew him the former part of his life expected. Concerning which the earl of Crawford told me this passage: he had lived always on ill terms with him, and went out of town the day of his execution. The earl of Midletoun, when he saw him first after it was over, asked him, if he did not believe his soul was in hell? He an m He was the greatest villain of his age. S. 1661. swered, not at all. And when the other seemed surprised at that, he said, his reason was, he knew Argile was naturally a very great coward, and was always afraid of dying. So since he heard he had died with great resolution, he was persuaded, that was from some supernatural assistance; he was sure it was not his natural temper.] The execution of Gu nister. A few days after, Guthry suffered. He was acthry, a mi- cused of accession to the remonstrance when the king was in Scotland, and for a book he had printed with the title of the causes of God's wrath upon the nation; in which the treating with the king, the tendering him the covenant, and the admitting him to the exercise of the government, were highly aggravated, as great acts of apostasy. His declining the king's authority to judge of his sermons, and his protesting for remedy of law against him, and the late seditious paper that he was drawing others to concur in, were the matters objected to him. He was a resolute and stiff man: so when his lawyers offered him legal defences, he would not be advised by them, but resolved to take his own way. confessed, and justified all that he had done, as agreeing to the principles and practices of the kirk, who had asserted all along that the doctrine delivered in their sermons did not fall under the cognizance of the temporal courts, till it was first judged by the church; for which he brought much tedious proof". He said, his protesting for remedy of law against the king was not meant at the king's person, but was only with relation to costs and damages. The earl of Midletoun had a personal animosity against them; for in the late times he had n Popery. S. He excommunicated him: so his eagerness in the pro- 1661. secution did not look well. The defence he made signified nothing to justify himself, but laid a great load on presbytery; since he made it out beyond all dispute, that he had acted upon their principles, which made them the more odious, as having among them some of the worst maxims of the church of Rome; that in particular, to make the pulpit a privileged place, in which a man might safely vent treason, and be secure in doing it, if the church judicatory should agree to acquit him. So upon this occasion great advantage was taken, to shew how near the spirit that had reigned in presbytery came up to popery. It was resolved to make a public example of a preacher: so he was singled out. He gave no advantage to those who wished to have saved him by the least step towards any submission, but much to the contrary. Yet, though all people were disgusted at the earl of Midletoun's eagerness 127 in the prosecution, the earl of Tweedale was the only man that moved against the putting him to death. He said, banishment had been hitherto the severest censure that had been laid on the preachers for their opinions: he knew Guthry was a man apt to give personal provocation: and he wished that might not have too great a share in carrying the matter so far. Yet he was condemned to die. I saw him suffer. He was so far from shewing any fear, that he rather expressed a contempt of death. He spoke an hour upon the ladder, with the composedness of a man that was delivering a sermon rather than his last words. He justified all he had done, and exhorted all people to adhere to the covenant, which he magnified highly. With him one 1661. Gouan was also hanged, who had deserted the army while the king was in Scotland, and had gone over to Cromwell. The man was inconsiderable, till they made him more considered by putting him to death on such an account at so great a distance of time. Some others were pro ceeded against. The gross iniquity of the court appeared in nothing more eminently than in the favour shewed Maccloud of Assin, who had betrayed the marquis of Montrose, and was brought over upon it. He in prison struck up to a high pitch of vice and impiety, and gave great entertainments: and that, notwithstanding the baseness of the man and of his crimes, begot him so many friends, that he was let go without any censure. The proceedings against Waristoun were soon despatched, he being absent. It was proved, that he had presented the remonstrance, that he had acted under Cromwell's authority, and had sat as a peer in his parliament, that he had confirmed him in his protectorship, and had likewise sat as one of the committee of safety: so he was attainted. Swintoun had been attainted in the parliament at Stirling for going over to Cromwell so he was brought before the parliament to hear what he could say, why the sentence Ishould not be executed. He was then become a quaker; and did, with a sort of eloquence that moved the whole house, lay out all his own errors, and the ill spirit he was in when he committed the things that were charged on him, with so tender a sense, that he seemed as one indifferent what they should do with him: and, without so much as moving for mercy, or even for a delay, he did so effect o Wariston was an abominable dog. S. (See more of him below in p. 203. folio edition.) ually prevail on them, that they recommended him 1661. to the king, as a fit object of his mercy. This was the more easily consented to by the earl of Midletoun, in hatred to the earl of Lauderdale, who had got the gift of his estate. He had two great pleas in law: the one was, that the record of his attainder at Stirling, with all that had passed in that parliament, was lost: the other was, that by the act re- 128 scissory that parliament being annulled, all that was done by it was void: but he urged neither, since there was matter enough to attaint him anew, if the defects of that supposed attainder had been observed. So till the act of indemnity was passed he was still in danger, having been the man of all Scotland that had been the most trusted and employed by Cromwell: but upon passing the act of indemnity he was safe. count of all that had The session of parliament was now brought to a Midletoun conclusion, without any motion for an act of indem-gave an ac nity. The secret of this was, that since episcopacy passed in was to be set up, and that those who were most like parliament to the king. to oppose it were on other accounts obnoxious, it was thought best to keep them under that fear, till the change should be made. The earl of Midletoun went up to court full of merit, and as full of pride. He had a mind to be lord treasurer; and told the king, that, if he intended to set up episcopacy, the earl of Crawford, who was a noted presbyterian, must be put out of that post: it was the opinion of the king's zeal for that form of government that must bear down all the opposition that might otherwise be made to it and it would not be possible to persuade the nation of that, as long as they saw the white staff in such hands. Therefore, on |