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BOOK and he prepared for death with a fortitude not ex

VII.

1661.

His sen

teuce.

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 to implore protection for his fon. He dined with his friends at noon, before ascending the scaffold, and was accompanied by several of the nobility to the place of execution. His appearance on the scaffold was solemn but intrepid. He spoke in vindication of his own innocence, deplored the times that were likely to ensue, and exhorted the people to fuffer rather than to offend against their conscience, or to abandon the covenant. After an interval of devotion, he submitted his neck to the block, and his head was separated from his body by the descent of the maiden.14

The public hatred which he had incurred while alive, was converted into general commiseration at his death. His attainder was justly imputed to the enmity, his precipitate death to the impatience and insatiate desire of Middleton to procure a gift of his titles and estate; and as it generally happens wheresoever a statesman suffers, whether from na- / tional justice or revenge, his execution served to exalt, and to relieve his character, from the obloquy which would have continued to attend him, had he been permitted to survive. His letters to Monk are lost, and the records of his trial have

14 Wodrow, i. 51. 157. Kirkton, MS. 26. Burnet, i. 179.

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been carefully destroyed. But we discover from BOOK Thurloe's papers, that he was obnoxious to Cromwell and to Monk himself, as a suspected royalist; 1661. and that he was excluded during the usurpation, from employment or trust.'5 Under a jealous usurpation, professions of the most zealous attach ment were requisite for the preservation of a suspected royalist; and we must conclude that the letters employed for his destruction were necessary to appease the suspicions or the resentment of Monk. His original share, as a chief instrument in the civil wars, of which he was not convicted, is represented as some apology for the sentence on which he was executed; but the apology becomes the more dangerous as a pretext that is never wanting for judicial murder. Originally driven And chainto rebellion, by an insidious plan to invade his examined. country, and to deprive him of a large part of his eftate,16 he incurred the imputation of whatever violent measures it was necessary to tolerate, or impossible to prevent. But his character, impartially examined, was that of a better patriot than a subject, more attached to the national religion than to the interests of the crown. His ambition

was regulated by habitual prudence, penetration, experience, and consummate address; but his

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BOOK sagacity was not always exempt from enthusiasm; his prudence was apt to degenerate into craft, and 166 L. the apprehensions which his subtle dexterity ex

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Guthry executed.

cited, occasioned his destruction. His services in the recall of Charles to Scotland, deserved a better fate; but his enemies were disappointed by Lauderdale's intercession, and his son was afterwards restored to a part of his titles, and to the possession of his estate.

The next was Guthry, a clergyman accused of June 1. framing or promoting the western remonstrance, and of protesting against the authority of the king, or the interposition of the council, in ecclesiastical affairs. To decline the authority of either was treason, but the punishment, from its undue seve rity, had never been inflicted; and the offence it self, if aggravated by the violence of his publications, was extenuated, and ought to have been obliterated, at the distance of ten years, by his resolute opposition to the usurper's government. But his real crimes were a sentence of excommunication which he had formerly pronounced against the commissioner, and the report of some personal indignities which he had offered to the king. His defence was firm, yet pronounced with such pathetic effect, that many withdrew from having any concern in his sentence or death. He was executed with an obscure deserter, and died with that unshaken fortitude and contempt of life

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1661.

which enthusiasm inspires. Rutherford was re- BOOK moved by an opportune death; Gillespie and other remonstrants were preserved by a confession of their guilt. Wariston, who had escaped to the continent, was attainted, and Swinton, who had turned quaker, acknowledged his offences with fuch ingenuous contrition, that he was recommended to mercy, but deprived of his estate."

Parliament

The parliament was at length adjourned, and adjourned. the government was again vested in the privy July 12. council. At once a court of justice and a council of state, in which policy must ever predominate over the laws, the institution necessarily became tyrannical; the judicial functions were united with the executive powers of the state, and a legislative authority was not unfrequently as sumed.

The commissioner was not less solicitous to Revival. gratify Clarendon's zeal, on whose friendship he depended, than to strengthen his own interest in parliament, by the introduction of prelates. On his return to court, he reprefented that the times were propitious, and the nation not averse from the revival of their order; and that the attempt should be made during the present fervor which the restoration had excited, before the presbyterians obtained an indemnity to relieve their fears.

17 Kirkton, MS. Crawford, MS. Wodrow, i. 63. Burnet, i. 180. Baillie, iv. 453.

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1661.

BOOK His assertions were confirmed by Sharp; but the king, who had observed the former repugnance of the nation to ecclesiastical pre-eminence, was still indifferent or averse from a change. His mind was secretly impressed with the artful, yet judicious suggestions of Lauderdale, that episcopacy was recommended by none but those who solicited preferment; that the introduction of prelates, in opposition to public and inveterate prejudices, might alienate the nation which it was his interest to conciliate; and that the preservation of their order, instead of contributing to the authority, would require the constant support and protection of government. But his English and Irish ministers, Clarendon and Ormond, affirmed that it would be very difficult to preserve the epis copal church, especially in Ireland, from the fury of the dissenters, unless the example of presbytery were removed from their view. Amidst such discordant sentiments, the propriety of the attempt was referred to the privy council of Scotland, where the imprisonment of the earl of Tweedale, for his opposition in parliament to the execution of Guthry, had repressed all freedom of opinion or debate. Glencairn the chancellor, who proposed an humble and moderate episcopacy, procured a report that the intended change would give general satisfaction; and the revival of the hierarchy was no longer deferred. When Lauderdale was admonished by Charles, that the presbyterian religion

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