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VII.

1661

BOOK the fword. His tranfactions during the war were conducted under the authority of the legislature, to whom the furrender of the king must be afcribed; but his public tranfactions were protected from inquiry, by the act of oblivion, paffed in confequence of the treaty of Rippon, and the indemnity granted by Charles in the parliament at Stirling, of which the records were loft, but the memory was ftill recent in the minds of men. His compliance with the late ufurpation was neceffary for his preservation, or excufable from the contagious example of the times. While refiftance was practicable he was the laft to fubmit; but his folitary refiftance, after the nation had fubmitted to a conqueror, would neither have fecured himself, nor restored the king. From his peculiar fituation in life, more than a paffive compliance was required for his prefervation; and if to mitigate the oppreffion of his country, he was returned a member to Richard's parliament, the recognition of a power de facto, and without his affiftance in poffeffion of the government, never implied an acknowledgment of its original title; much less a treasonable oppofition to the rightful heir, while excluded from the throne. "What could I think," he exclaimed, "or how fuppofe, that these unhappy compliances "were criminal, at the time when a man fo learned "as his majesty's advocate received the fame oaths to the commonwealth with myself." Sir John Fletcher, lord advocate, interrupted and reviled him in the most opprobrious terms, but he calmly replied, that he had learned in his afflictions ta

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endure

VII.

endure reproach; and perceiving his ruin predeter- BOOK mined, demanded, but was denied permiffion to fubmit implicitly to the mercy of the king ".

court.

1661.

ed to death,

During this important trial, the moft folemn Condemnwhich the nation had ever witneffed, lord Lorn was employed to folicit favour for his father at He procured a royal mandate, not to profecute any public offences previous to the indemnity granted at Stirling, nor to pronounce a fentence, till the whole trial was fubmitted to the king. The first part of the order was imperfectly obeyed; the last, as expreffive of a mistrust in parliament, was recalled. The commiffioner, anxious that Argyle fhould fuffer as a regicide, to prevent the reftitution of his family to his eftate and honours, undertook the management of the debate in perfon, which he conducted as if forgetful of his own dignity, or the decency requifite in a public character. From the fecret confultations held with Cromwell, when invited to Scotland to fupprefs the engagement, he concluded that the interruption. of the treaty at Newport, and the execution of the late king, had been concerted with Argyle. An attainder founded on fuch weak and remote prefumptions, was abhorred by many, and opposed by prefident Gilmour with a force of argument that compelled the reluctant parliament to exculpate Argyle from all acceffion to the death of the king "2. Nothing but his compliance with the ufurpation re

State Trials, ii 418. vii. 379. Woodrow, i. 42. * Id. 54. Burnet, i. 174.

12

mained,

VII.

1661.

13

BOOK mained. While his conviction was still uncertain, Monk, with his accustomed bafenefs, tranfmitted to parliament fome confidential letters from Argyle, expreffive of a cordial attachment to the protector's government "3. They arrived after the evidence was finished, but were read by Middleton in the midst of the debate. The perfidious friendship of Monk, and the violation of every judicial form, excited general indignation; but the unexpected appearance of Argyle's correfpondence filenced his friends, who withdrew from an unavaling oppofition to his fate. Sentence of treason was immedi ately pronounced. He was condemned to be beheaded within two days, and his head affixed to the public prifon, to replace that of Montrofe, for whose remains a fplendid funeral was ordained. He requested in vain a respite of ten days, till his fentence was communicated to the king, and complained in the spirit of enthufiafm, "I have placed "the crown upon his head, and this is my reward! "but he haftens me to a better crown than his "own; nor can you deprive me of that eternal "indemnity which you may require yourselves."

May 25.

And executed.

May 27.

The interval between his fentence and execution was fpent with the clergy, in religious exercises, and he prepared for death with a fortitude not ex, pected from the natural timidity of his character. On the morning of his execution, he wrote a letter to the king, to vindicate his own memory and implore protection for his fon. He dined with his

13 See NOTE I.

friends

VII.

1661.

friends at noon, before afcending the fcaffold, and в O O K was accompanied by feveral of the nobility to the place of execution. His appearance on the scaffold was folemn but intrepid. He fpoke in vindication of his own innocence, deplored the times that were likely to enfue, and exhorted the people to fuffer rather than offend against their confcience, or abandon the covenant. After an interval of devotion, he fubmitted his neck to the block, and his head was feparated by the defcent of the maiden "

tence,

The public hatred which he had incurred while His fen alive, was converted into general commiferation at his death. His attainder was justly imputed to the enmity, his precipitate death to the impatience and infatiate defire of Middleton to procure a gift of his titles and estate; and as happens wherever a ftatesman fuffers, whether from national justice or revenge, his execution ferved to exalt and relieve his character, from the obloquy which would have continued attached to it had he been permitted to furvive. His letters to Monk are loft, and the records of his trial have been carefully destroyed. But we discover from Thurloe's papers, that he was obnoxious to Cromwell and to Monk himself, as a fufpected royalift, and excluded during the ufurpation, from employment or truft ". Under

a jealous ufurpation, profeffions of the most zealous attachment were requifite for the prefervation of a suspected royalist; and we must conclude that

14 Woodrow, i. 51. 157. Kirkton, MS. 26. Burnet, i, 179. 15 Thurloe's State Papers, vi. 341. vii. 584.

VII.

1661.

And character

BOOK the letters employed for his deftrnction were ne ceffary to appeafe the fufpicions or resentment of Monk. His original fhare, as a chief inftrument in the civil wars, of which he was not convicted, is represented as fome apology for the fentence on which he was executed; but the apology becomes the more dangerous as a pretext that is never wanting for judicial murder. Originally driven examined. into rebellion, by an infidious plan to invade and deprive him of a large part of his eftate ", he incurred the imputation of whatever violent meafures it was neceffary to tolerate, or impoffible to prevent. But his character, impartially examined, was that of a better patriot than a fubject, more at tached to the national religion than to the interests of the crown. His ambition was regulated by habitual prudence, penetration, experience, and confummate addrefs; but his fagacity was not always exempt from enthusiasm; his prudence was apt to degenerate into craft, and the apprehenfions which his fubtle dexterity excited, occafioned his deftruction. His fervices in the recall of Charles to Scotland, deferved a better fate; but his enemies were disappointed by Lauderdale's interceffion, and his fon was afterwards reftored to a part of his titles, and the poffeffion of his eftate.

Guthry

executed.

The next was Guthry, a clergyman accused of June 1. framing or promoting the western remonstrance, and protesting against the authority of the king, or the interpofition of the council, in ecclefiaftical

1 See vol i. p. 147:

affairs.

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