and the other in the Indies, being called by the Indian merchants to be a minister in one of their plantations.' Q. Knew you William Young, and whose tenant he was?' A. Yes; I both knew him, and that he was a tenant of Sir John Gibson's.' Q. Bought you à horse from him at that time?' A. 'I never bought a horse from him.' Q. From whom had you a horse, when you went out of town?' A. There was none in the city who had a horse to lend for hire, who would have refused me for my money.' Q. But of whom had you a horse?' A. Where I could have none, I took me to my feet.' "These are the questions, so far as my memory can reach, which being ended, the executioner being commanded thereto, took down my leg from off a chest upon which it had been lying the whole time in the boot, and it being set upon the ground, he began to thrust in the shafts, and drive the wedge. And at every stroke they inquired, if I had any more to say? To which I answered, No more, my lords; and thus it continued to the number of nine strokes upon the head of the wedge at the end of which I fell into a little swarf* through the extremity of pain; at which the executioner cried out, Alas, my lords, he is gone, he is gone.' Then they commanded to leave off the torture, and rising from their seats went away. After which, I was returned to the tolbooth, being carried by my friends in the chair, in which I was tied during the time of my torture. "But for obviating and removing any scruple, which may be objected against what is formerly rehearsed, I offer these things to your consideration : 1st, Where there is an antecedent upon oath, or promise, upon confessing or acknowledging a duty performed, the one depending illatively upon the other: and when the antecedent, viz. the oath or promise is judicially rescinded, made null and void, in order to all force and effect whatsoever; I hope then, and in that case, no man upon legal or rational grounds will deny but the consequent, by the same act rescissory, which relatively depends thereupon, is as freely and fully made null and void, as to any force and effect, which either in law, or reason, or conscience, can be pretended to the contrary; and so both parties, by mutual consent, are put in statu quo prius. But it is true concerning the antecedent, which is clear from Joshua ii. 4. "2d, Consider, that when a bloody and persecuting enemy, regarding neither law, conscience, nor reason, and having the power of life and death in their hands, rules over the people of God;—in that case, the obscuring and concealing of a necessary and commanded duty, and to divert them by some other thing for a time, is warrantable. I hope this is manifest from 1 Sam. xvi. 26. ' And Samuel said, how can I go, if Saul hear of it, he will kill me; and the Lord said, take an heifer with thee, and say, I am come to sacrifice,' &c. As also, ye may see it, 1 Sam. xx. 6. If thy Father at all miss me, then say The reader will no doubt conclude from the scope of the passage, that by a swarf Mr. Mitchell means a swoon or fainting fit. David earnestly,' &c. As also from Jer. xxxviii. 24, 26. so it is evident, that it had been the practice of the most eminent of the Lord's people to take that way to shift the hellish fury of adversaries. 3d, Consider, that when an adversary having power in his hand, doth subvert and overturn the very nature and truth of a discourse; for example, if it were of a minister's sermon, by leaving out the most material truths, and putting in circumstances and untruths in the room thereof; then, and in that case, I hope, it is not that sermon, speech, or declaration, or testimony, or call it what you will, but it becometh another thing. Now this toucheth the case in hand. "4th, Consider, that a person being brought before a judicatory, having power to judge and determine anent what is confessed and proven before them, yet out of mere malice and envy, finding the extent of their power not great enough to satisfy their lust, malice, and envy, doth wrest, lie, malign, add, and diminish from what hath been spoken before them, to make up a ground of judgment before another judicatory, before any thing was confest or proven, whose power is both distinct from, and of greater extent than theirs, viz. the one having power both of life and limb, and the other having power of neither. "5th, Consider, how difficult the case is :-Godless and inhuman adversaries study to make a man's principles and conscience to be the ground of his indictment, while both are regulate by the law, and the revealed will of God; and by this means they endeavour to make a man his own accuser, contrary both to the law of God, the law of nature, and the law of nations; and by this means cause a man to concur with them in calling his duty a sin, as they do contrary both to equity and justice; whereas, they ought to prove what they allege in such cases, where penury of witnesses cannot be instructed. Acts xxiv. 13. Neither can they prove the things whereof they now accuse me.' As also our Lord and Saviour Jesus Christ, putteth his accusers to prove what they alleged against him, Matth. xxvii. 11. And thus by a non-confession he puts them to a probation, which appears verse 13. "6th, Giving and not granting, that it were true which they allege, viz. a legal denying upon the grounds and reasons aforesaid, which they call a lie, and a sin of such a high nature: yet this may stop their mouths, seeing they are the men, whom neither subscription, promises, nor oaths made and granted before God, angels, and men, can bind and oblige, to the performance thereof, but have both subscribed and sworn the contrary. O how can such a generation of hypocrites escape the damnation of hell fire! who would snatch at so small a mote alleged by them to be in their neighbour's eye, and will not see nor cast out so big á beam out of their own eyes, which is so visible to the whole Christian world! 4. HIS SPEECH ON THE SCAFFOLD.* "Christian people:-It being rumoured abroad immediately after I had received my sentence, that I would not get liberty to speak in This speech he had prepared beforehand, under the apprehension that he would not be allowed to deliver it distinctly, from the barbarous practice then this place; therefore, I have not prepared a formal discourse, and account of the pretended crimes, for which I was accused and sentenced; neither did I think it very necessary,—the fame of my process having gone so much abroad,—and that, by a former indictment given me near four years since, the diet whereof was suffered to desert, in respect the late advocate could not find a just way to reach me, with that extrajudicial confession they opponed unto me. All know he was zealous in it; yet my charity is such unto him, that he would not suffer unwarrantable zeal so far to blind him, as to over-stretch all laws of the land beyond their due limits, in prejudice of the life of any natural subject Next, by an extreme inquiry of torture; and then by exiling me to the Bass; and after all, giving me a new indictment, at the instance of the advocate, who formerly was one of mine, when I received the first indictment; to which new indictment and debate in that process I remit you;—and particularly, to these two defences of extrajudicial confession, and to the promise of life given to me thereupon by my lord chancellor, upon his own, and the public faith of the kingdom; upon the verity whereof I am ready to die, and consent to lay down my life. And I hope, your charity will be such to me (a dying man) as not to misconstruct me herein;—especially, when it is so notourly adminicular by an act of the Secret Council, and yet denied upon oath by the principal officers of state present in council at the making of the said act, and which the act bears to have been present thereat; (the duke of Lauderdale being then his majesty's commissioner :) which act of council was by the Lords of Justiciary's Interloquitor, most illegally repelled; but I shall have charity to some of these lords, whom I knew would have given law and justice place, even as to my just absolution, if they had not been overpowered by the plurality of votes of them who were overawed and dared by the lords of the Secret Council.-But that will not absolve their consciences at the last day! As to my advocates, and lawyers :-I ingenuously acknowledge their care, fidelity, and zeal in my defence; which, I hope, shall be some standing fame to them for this, and all future generations. So, thus much, as a short account of the affair, for which I am brought unjustly to this place. But, I acknowledge my particular and private sins have been such, as have merited a worse death unto me; but, I die in the hope of the merits of Jesus Christ, to be freed from these eternal punishments due to me for sin; yet, I am confident, God doth not plead with me in this for my private and particular sins; but I am brought here, that the work of God may be made manifest, and for the trial of faith, John ix. 3. and 1 Pet. i. 7. and, that I may be a witness for his despised truth and interest in his land,-who am called to seal the same with my blood. And I wish heartily, that thus my poor life may put an end to the persecution of the true members of introduced of beating drums, so as to drown the voice of the suffering martyrs. It appears that this was accordingly the case, and that being interrupted, he threw it, in manuscript, over the scaffold,-having previously intrusted copies of it to some of his friends. Christ in this kingdom,-so much cheated by these perfidious prelates; and in opposition to whom, and in testimony of the cause of Christ, I at this time willingly lay down my life. And I thank God, that he hath thought me so worthy as to do the same for his glory and interest. Finally, conceiving it a Christian duty in a singular and extraordinary case anent my particular judgment concerning both church and state, it is evidently declared and manifested more fully elsewhere ;* so farewell all earthly enjoyments, and welcome Father, Son, and Holy Spirit, into whose hands I commit my spirit." "Edinburgh Tolbooth, Jan. 18th, 1678.” Sic Sub.-JAMES MITCHEL."t XXIV. JAMES LEARMONTH. [Perhaps there are few cases of more lawless oppression, and more wanton cruelty, than that exhibited in the death of this good man. He was by trade a Chapman, and probably belonged to East Lothian. At all events, being present at a conventicle which met in that district, just over against the Bass, in May, 1678, when a soldier of the party sent to attack them was killed;—he was appre hended, and along with another individual, called William Temple, indicted upon this charge. Both of them were freed by the verdict of the assize, of any actual participation in the death; but it being proved that Temple had a sword, (though not drawn,) and that Learmonth, (though unarmed,) had exhorted his fellow worshippers to make resistance; an order of council was procured, authorizing the court to sentence them: upon which, Temple was condemned to perpetual banishment, and Learmonth to be beheaded as a traitor, and to have his property confiscated for his majesty's use. This sentence he accordingly underwent on the 27th September, 1678. He prepared and left behind him the following documents.] 1. HIS TESTIMONY. "Men and Brethren,-I am come here this day to lay down my life, and I bless the Lord I die with a willing heart, and a cheerful mind, as being conscious to myself before God, angels, and men, that I am most innocent of that man's blood, for which I am condemned to die, that I am as free as the child new born, and that I had neither art nor part in taking of his life, as was proven before the justice court and the assize declared me not guilty of the foresaid blood; but after the assizers' declaration, some of the lords thirsting after my blood, unjustly passed sentence to take my life. It was also proved before the justiciary court, that all the weapons I had, was only a wand in Here he refers to the foregoing Testimony, in which his sentiments on the points alluded to are declared most fully. + Naphtali. my hand. And also it was proved, that when the man was killed, I was at a great distance from the place; only this is all they charge on me, that I should have spoken such words as to provoke the meeting, to fall upon the party that came to interrupt the worship of God, and to scatter the meeting; yet, God is my witness, before whom I must shortly appear, that I had no intention for blood, but only for our own defence, being violently pursued, to hinder us in following the service of God upon his own day, and being upon our own just self-defence, and the defence of the gospel. I hope none can deny, much less Christians, that it was not out of contempt of lawful authority; but that it was grievous to me to see the work of the Lord hindered, and his day profaned. Therefore, my dear friends, I do here declare to you all, as the words of a dying man, that I desire to bless the Lord, although I be but a poor wretched sinner of myself, by reason of my original and actual transgressions, yet I have reason again and again to bless and magnify the Lord, that it hath pleased his gracious Majesty so far to condescend to manifest himself to me, as not only to show me my misery, but also to call me, and reveal Christ by his grace in me; also, I bless the Lord, that hitherto he hath kept me from all scandalous sins that are reigning and raging in these times, and the Lord hath made out that word to my experience:-2 Pet. i. 3-8. According as his divine power hath given unto us all things that pertain to life and godliness, through the knowledge of him that hath called us to glory and virtue, whereby are given unto us exceeding great and precious promises, that by these ye might be made partakers of the divine nature, having escaped the corruption that is in the world through lust; and besides this, giving all diligence, add to your faith, virtue; and to virtue, knowledge; and to knowledge, temperance; and to temperance, patience; and to patience, godliness; and to godliness, brotherly-kindness; and to brotherly-kindness, charity; for if these things be in you and abound, they make you, that ye shall neither be barren nor unfruitful in the knowledge of our Lord Jesus Christ.' 6 My friends, I earnestly desire you, that you would not stumble at the cross of Christ, and his despised gospel, because of my sufferings, and especially ye that are dear to me in East Lothian; for since I have received this sentence of death, I have found his gracious presence and love manifested to my soul, in sustaining both me and my cross; for he hath made out that to me, that he sends none a warfare upon their own charges. Ye may also call to mind that scripture, Philip. i. 27-30, Only let your conversation be as it becometh the gospel, that whether I come and see you, or be absent, I may hear of your affairs; that ye stand fast in one spirit, with one mind, striving together for the faith of the gospel, and in nothing be terrified by your adversaries, which is to them an evident token of perdition, but unto you of salvation, and that of God. For unto you is given in the behalf of Christ, not only to believe in him, but also to suffer for his sake, having the same conflict ye saw in me, and now hear to be in me.'-I also bless the Lord, that I am a member of the church of Scotland, which was once one of the purest and best reformed |