XXIII. JAMES MITCHEL. [Mr. Mitchel, having finished his studies, and obtained the degree of Master of Arts, at the university of Edinburgh, was licensed to preach the gospel about the year 1661. How he employed himself during the interval is unknown; but in 1666, having joined the insurgents in their progress to Pentland, though not present at the battle, he was induced to go abroad, and remained in Flanders till the beginning of 1668. It was on the 11th of July, that year, he made the attempt on the life of Archbishop Sharp, for which he was condemned. Having escaped till the year 1674, he was then discovered, and taken by the Archbishop's brother. He was shortly after tried; but the diet being deserted for want of proof, he was remanded to prison, and continued till January 1676, when he was put to the torture. He was, after this, detained for another year in prison, and then sent to the Bass, till 1678, when he was again tried, and being condemned on a confession which he had judicially retracted, suffered death, on the 18th of January that year. these latter particulars, the reader will find very ample information in the following authentic documents, which, with his Testimony and Last words, he left behind him.] 1. ACCOUNT OF HIS TRIAL. Of "Edinburgh, January 18th, 1678.-My accusation before the Justices was, that I shot a pistol at the archbishop of St. Andrews, in • His execution was at last most cruelly hurried forward, contrary to the following very moving petition of his wife; a petition, to accede to which, it seems, was too much for the wisdom and humanity of the Commissioners even after detaining him in prison for four long years. "The humble supplication of Elizabeth Somervill, the poor wife of the sentenced Mr. James Mitchel, unto the right honourable the lords of his majesty's privy council, "Humbly sheweth; "That whereas your supplicant's husband was upon Thursday last, by the Lords Commissioners of his Majesty's Justiciary, sentenced to die upon Friday next, the 18th day of January instant, and that it cannot be otherways conceived, but in nature and humanity, your supplicant hath an ardent desire to see her husband, and to take her long farewell of him before he die, which at present she cannot do, nor will she be able to do betwixt and the said day, in respect of her present case and condition, it not being above twelve days since she was brought to bed of a child, and presently affected with a fever, and where through she will be disappointed and frustrate of that her only worldly desire, and thereby may be brought to the grave as soon as her husband, unless your lordships graciously prevent the same. "May it therefore please your lordships, for the love of Christ, mercifully to consider the premises, and be graciously pleased to reprieve the foresaid sentence for such a time, as your gracious lordships shall think expedient, that your poor indigent supplicant may be in that space capable to see her said husband, and take her last farewell of him, and your supplicant shall ever pray. ELIZABETH SOMERVILL." Naphtali, p. 411. July 1668, whereby the bishop of Orkney was wounded in the arm, and that I did confess the same before my lord chancellor and the council. But my defence amongst others was, that my confession I made was upon oath and promise made to me, upon life and safety; and indeed the promise made to me by my lord chancellor, was in these words, Upon my great oath and reputation, if I be chancellor, I shall save your life. And if ye will not confess, the council will take another way to make it out,' which I took for the boots, which afterwards I found: and the justices did indeed find my confession to be a judicial one, although I did refuse to own it before the court, but did expressly retract it, unless that the abovementioned promis were made good to me: it was likewise true, that they did also sustain my defence upon the said oath and promise made to me. And when the indictment came to be proven by the lords, viz. my lord chancellor and other lords of council witnessed against me, because at the said time they also denied the making, or any knowledge of the making any such oath or promise to me; but it having pleased the lord to provide me the copy of an act of council, which was made by the said lords, and subscribed (as I believe) by my lord chancellor, wherein the same oath and promised assurance, is expressly granted to have been given to me by warrant of the lord commissioner, for the time in council; albeit it be by the same act revoked, for the reasous therein mentioned;-the lords who had witnessed against me, were greatly moved, and did with great vehemency press the justices, that no such act should be received, to prove for me, since it did so directly contradict what they had sworn; which, though it was no ways reasonable, that the oaths of any should prejudge me, contrary to the truths and proofs adduced by me; yet the justices were necessitate, without hearing my advocate upon the matter, to reject the foresaid act, and put me off from so clear a probation of my defence; whereupon, I was found guilty by the assizers, upon the ground of my said confession; albeit, in all likelihood the assizers would not have found me guilty, if the act of council had been received, seeing the lord-justice had declared, that the foresaid truth being proven, it should take off my confession.* However it is most certain, that the indictment against There can be no doubt whatever as to the truth and accuracy of the statement here given. In proof of it we subjoin the copy of the act here referred to, which was left by Mr. Mitchel among the rest of his papers. It will be found to agree throughout with that preserved by Wodrow in the first volume of his history; and, notwithstanding the oaths of several of the commissioners, and among the rest, of the Primate, to the contrary; it proves most decidedly that the confession on which they condemned him was inade under promise of indem nity, and could therefore afford no valid ground for the sentence which was passed upon him. 'Act of Council anent the Chancellor's promise. "Edinburgh, March 1th, 1674. The lord commissioner his grace, and lords of his majesty's privy council, having appointed a committee to examine Mr. James Mitchel, prisoner in the tolbooth of Edinburgh, the said Mr. James being brought before the said committee, he did make a free and voluntary confession of his accession to the said rebellion and rising in arms in the west, and me was carried on against both right and truth: but remitting this unto the Lord, who one day will clear both me and all his servants in his most righteous judgment, I have here subjoined myself, principles, and foresaid practices, as they were set down in a letter to a friend, and another declaration written by me, when first convened before the lord justices in the year 1674. "Edinburgh Tolbooth, February 1674,-Sir, Me who may justly call myself less than the least of all saints, and the chiefest of all sinners,' yet, Christ Jesus calleth to be a witness for his despised truth, and trampled-on interests and cause, by the wicked, blasphem. ous, and God-contemning generation, and against all their perfidious wickedness. Sir, I say, the confidence I have in your real friendship, and love to Christ's truth, people, interest, and cause, has encouraged me to write to you at this time, hoping ye will not misconstruct me, nor take advantage of my infirmity and weakness. You have heard of my indictment, which I take up in these two particulars: First, As that after he had notice of the same, he went from Edinburgh with colonel Wallace and others, and was with the rebels there, and from thence came alongst and was with them until the night before the fight at Pentland hills, and that at the desire of captain Arnot he came then to Edinburgh, to speak to some persons concerning them; and being examined upon the attempt made upon the person of the archbishop of St. Andrews, and who shot the pistol at the said archbishop, when the bishop of Orkney was hurt, in the month of January, 1668, he did declare that the time, and the day that the said attempt was made, he was in the town of Edinburgh, and that he had bought the pistel, which was about him charged with three balls, when he was apprehended, about the time when the bishop was shot, from Alexander Logan, dag-maker in Leith Wynd, but refused he was the person that made the attempt, until having retired apart with one of the said committee, he did confess, upon his knees, that he was the person, upon assurance given him by one of the committee, as to his life, who had warrant from the commissioner and council to give the same, and did thereafter confess freely before all that were at the said committee, that he shot the said pistol at the said archbishop, and did subscribe his confession in presence of the said committee, which is also subscribed by them. And thereafter, the said Mr. James in presence of the said commissioner his grace, and council, did renew and adhere to the said confession, as to his accession to the rebellion and attempt aforesaid, and acknowledged he made the said attempt, because that the said archbishop had a hand in troubling and persecuting those that were in the rebellion; and nevertheless, being brought before the lords commissioners of the justiciary, and asked, if he owned the said confession, he did altogether refuse to answer and adhere to the said confessions, notwithstanding he was told by the said commissioners of the justiciary, and his majesty's advocate, that if he would adhere to his said confessions, he should have the benefit of the said assurance, and if otherwise, he should lose the same. The lord commissioner his grace, and the lords of his majesty's privy council, do declare, that they are free; and that the said Mr. James ought not to have the benefit of any such promise or assurance, and that the same is altogether void, and that the lords of the justiciary and assizers ought to proceed without any respect to the same: and further do declare, that the said Mr. James Mitchel is that person intended and mentioned in the proclamation in the years 1668 and 1669, discharging any intercommuning with the rebels therein mentioned, and excepting the said Mr. James, and other persons therein mentioned, from his majesty's favour and indemnity, and no other name of Mr. James Mitchel, though there had been any other of that name involved in the said rebellion.". Naphtali, pp. 408, 409. they term it, rebellion and treason;-anent which I answered to my lord chancellor in committee, that it was no rebellion, but a duty which every one was bound to have performed in joining with that party,' And in the year 1656, Mr. Robert Leighton being then primar in the college of Edinburgh, before our laureation, tendered to us the national covenant, and solemn league and covenant. Upon mature deliberation, I found nothing in them but a short compend of the moral law, only binding us to our duty towards God and towards men in their several stations; and I finding that our banished king's interest lay wholly included therein, and both coronation and allegiance oaths, &c. and they being the substance of all loyalty; and, my lord, it was well known, that then many were taking the tender, and fors wearing Charles Stuart, parliament, and house of lords, I then subscribed both, the doing of which my lord chancellor would have stood at no less rate, if as well known, than, this my present adhering and prosecuting the ends thereof doth now. And when I was questioned what then I called rebellion; I answered, it is in Ezra vii. 26. And whosoever will not do the law of thy God and the law of the king, let judgment be executed speedily upon him, whether it be unto death, or to banishment, or to confiscation of goods, or to imprisonment.' But being questioned before the commissioner and the council thereanent, I answered as I said to my lord chancellor before, in the year 1656, Mr. Robert Leighton being then primar in the college of Edinburgh, before our laureation, he tendered to us the national and solemn league and covenant:' he stopt me, saying, I'll wad ye are come here to give a testimony:' and then being demanded what I called rebellion, if it was not rebellion to oppose his majesty's forces in the face?-to which I answered, viz. My lord chancellor, if it please your grace, I humbly conceive they should have been with us,' meaning, that it was the duty of these forces to have joined with us, according to the national and solemn league and covenant, at which answer I perceived him to storm. But,' saith he, I heard ye have been over seas, with whom did ye converse there?' Ans. With my merchant.' But,' saith he, With whom in particular?' Ans. With one John Mitchel a cousin of mine own.' Saith he, I have heard of him, he is a factor in Rotterdam,' to which I conceded. 'But,' saith he, Did ye not converse with Mr. Livingston, and such as he?' To which I answered, 'I conversed with all our banished ministers' To which he replied, Banished traitors, ye will speak treason at the bar.' Then he answered himself, saying, But they would call the shooting at the bishop an heroic act.' To which I answered, That I never told them any such thing.' But where did you see James Wallace last? Ans. Towards the borders of Germany, some years ago.' But what ailed you at my lord St. Andrews?' (pointing at him with his finger) Ans. My lord commissioner, the grievous oppression and horrid bloodshed of my brethren, and the eager pursuit after my own, as it appeareth this day to your grace, and to all his majesty's honourable privy council.' After which be commanded to take me away, that they might see what to do next with me. 6 "The Second is the shooting of the shot intended against the bishop of St Andrews, whereby the bishop of Orkney was hurt: to which I answered my lord chancellor in private, viz. That I looked on him to be the main instigator of all the oppression and bloodshed of my brethren that followed thereupon, and the continual pursuing after my own; and, my lord, as it was creditably reported to us (the truth of which your lordship knows better than we) that he kept up his majesty's letter inhibiting any more blood upon that account, until the last six were executed; and I being a soldier not having laid down arms, but being still upon my own defence, and having no other end nor quarrel at any man (but according to my apprehension of him) that as I hope in sincerity, without fixing either my sense or action upon the covenant itself, as it may be understood by the many thousands of the faithful, besides the prosecution of the ends of the same covenant which was, and in that point the overthrow of prelates and prelacy, and I being a declared enemy to him on that account, and he to me in like manner: so, I never found myself obliged, either by the law of God, or nature, to set a sentry at his door for his safety; but as he was always to take his advantage, as it appeareth ; so I of him, to take any opportunity offered. Moreover, we being in no terms of capitulation, but on the contrary, I by his instigation being excluded from all grace and favour, thought it my duty to pursue him at all occasions. Also, my lord, Sir William Sharp making his apology, anent his unhandsome and cheating way taken, (for he took me under the pretence to have spoken with me about other matters, I not knowing him until five or six of his servants were laying fast hold of me, they being armed of purpose,) desired I would excuse him, seeing what he had done was on his brother's account; which excuse I easily admitted, seeing that he thought himself obliged to do what he did to me, without law or order in the behalf of his brother; much more was I obliged to do what I did in the behalf of many brethren, whose oppression was so great, and whose blood he caused to be shed in such abundance. Moreover, he persisted in his bloody murders, as witnesseth the wounding of Mr. Bruce, at his taking, by his emissaries, some few days before that fell out concerning himself. Now, if by any means, in taking him away, I could have put a stop to the then current persecution, I esteemed it my duty.' Thus far I have truly resumed what passed. "But this answer to the second part of the indictment may be thought by some to be a step out of my ordinary way; wherefore I shall offer to your consideration that passage, Deut. xiii. 9.* wherein it The reader will perhaps be pleased by having the remarkable passage here alluded to, quoted in full. It is as follows:-Deut. xiii. 6-11. "If thy brother, the son of thy mother, or thy son, or thy daughter, or the wife of thy bosom, or thy friend, which is as thine own soul, entice thee secretly, saying, Let us go and serve other gods, which thou hast not known, thou, nor thy fathers; namely, of the gods of the people which are round about you, nigh unto thee, or far off from thee, from the one end of the earth even unto the other end of the earth; thou shalt not consent unto him, nor hearken unto him; neither shall thine eye pity him, neither shalt thou spare, neither shalt thou conceal |