After his indictment was read, he had leave to speak and discoursed for sometime to good purpose. Among other things he said with Paul in another case, "The things laid against him cannot be proven;"—but this he confessed, that in the way allowed by solemn oath and covenant, he served God, his king, and his country; and though he he owned he wanted not failings common to all persons in public business in such a time, yet he blessed God that he was able to make the falsehood of every article of his charge appear, that he had done nothing with a wicked mind, but with many others had the misfortune to do many things, the unforeseen events of which had proved bad.
The parliament fixed on the 27th of February for bringing in his defence, which was too short a time for replying to so many articles. However, at his request it was put off till the 5th of March, when he appeared before the lord of the articles, who ordered him immediately to produce his defence, whereupon he delivered a very moving speech, and gave in a most affecting petition, remitting himself to the king's mercy, and beseeching the parliament to intercede for him, which are too long here to be inserted. March the 6th, he was brought before the parliament—It was reported from the articles, that he had offered a submission to his majesty, &c. but his submission was voted not satisfactory, and he commanded on the morrow to give in his defence to the lords of the articles. When he came before them, and told his defence was not ready, he was appointed to give them in on Monday April 9th, otherwise they would take the whole business before them, without any regard to what he should afterwards say, but it seems on the day appointed, his defence was given in, which contained fifteen sheets of small print, wherein the marquis's management was fully vindicated from all the falsehoods and calumnies in the indictment.
Upon the 16th of April he was again before the parliament, where after the process was read, he had a very handsome and moving speech, wherein at a considerable length[99], he removed several reproaches cast upon him, and touched at some things not in his papers, but whatever he or his lawyers could say, had little weight with the members of parliament. Some of them were already resolved what to do, the house had many messages to hasten his process to an end, but the misgiving of many of their designed probations against this good man embarrassed them mightily for some time, for it appears that there were upwards of thirty different libels all formed against him, and all came to nothing when they began to prove them, as other lies usually do; so that they were forced to betake themselves to the innocent but necessary compliance with the English, after every shire and burgh in Scotland had made their submission to their conquerors.
In the beginning of May witnesses were examined and depositions taken against him, after which he was upon the 25th brought before the bar of the house to receive his sentence from his judges, who were socii criminis (or accomplices, as he told the king's advocate). The house was very thin, all withdrawing except those who were resolved to follow the courses of the time. He put them in mind of the practice of Theodosius the emperor, who enacted that the sentence of death should not be executed till thirty days after it was passed, and added, I crave but ten that the king may be acquainted with it—but this was refused. Then the sentence was pronounced, "That he was found guilty of high treason, and adjudged to be executed to the death as a traitor, his head to be severed from his body at the cross of Edinburgh, upon Monday the 27th instant, and affixed on the same place where the marquis of Montrose's head formerly was, and his arms torn before the parliament at the cross." Upon this he offered to speak, but the trumpet sounding he stopped till they ended, and then said, "I had the honour to set the crown on the king's head, and now he hastens me to a better crown than his own." And directing himself to the commissioner and parliament, he said, "You have the indemnity of an earthly king among your hands, and have denied me a share in that, but you cannot hinder me from the indemnity of the King of kings, and shortly you must be before his tribunal. I pray he mete not out such measure to you as you have done to me, when you are called to an account for all your actings, and this amongst the rest."
After his sentence he was ordered to the common prison, where his excellent lady was waiting for him. Upon seeing her he said, "They have given me till Monday to be with you, my dear, therefore let us make for it." She embracing him wept bitterly and said, "The Lord will require it: The Lord will require it." Which drew tears from all in the room.——But being himself composed, he said, "Forbear, forbear. I pity them, they know not what they are doing. They may shut me in where they please, but they cannot shut God out from me. For my part I am as content to be here as in the castle, and as content in the castle as in the tower of London, and as content there as when at liberty, and I hope to be as content on the scaffold as any of them all, &c." He added, "He remembered a scripture cited by an honest minister to him while in the castle, which he intended to put in practice. When Ziklag was taken and burnt, the people spake of stoning David, but he encouraged himself in the Lord."
He spent all his short time till Monday with the greatest serenity and cheerfulness, and in the proper exercise of a dying Christian. To some ministers, who were permitted to attend him, he said, "That shortly they would envy him who was got before them,——and added, Remember that I tell you, my skill fails me, if you who are ministers will not either suffer much or sin much; for tho' you go along with these men in part, if you do not in all things, you are but where you were, and so must suffer, and if you go not at all with them you must but suffer."
During his life he was reckoned rather timorous than bold to any excess. In prison, he said he was naturally inclined to fear in his temper, but desired those about him as he could not but do, to observe that the Lord had heard his prayer, and removed all fear from him, &c. At his own desire his lady took her leave of him on the Sabbath night. Mr. Robert Douglas and Mr. George Hutcheson preached to him in the tolbooth on the Lord's day, and his dear and much valued friend Mr. David Dickson (I am told, says Mr. Wodrow) was his bedfellow the last night he was in time.
The marquis had a sweet time in the tolbooth as to his souls case, and it still increased nearer his end, as he had sleeped calmly and pleasantly his last night, so in the intervals of his necessary business, he had much spiritual conservation. On Monday morning though he was much engaged in settling his affairs in the midst of company, yet he was so overpowered with a sensible effusion of the Holy Spirit, that he broke out in a rapture and said, "I thought to have concealed the Lord's goodness, but it will not do. I am now ordering my affairs, and God is sealing my charter to a better inheritance, and just now saying to me, Son, be of good cheer, thy sins are forgiven thee."
Some time before he went to the place of execution, he received an excellent letter from a certain minister, and wrote a most moving one to the king, and dined precisely at twelve o'clock along with his friends with great cheerfulness, and then retired a little. Upon his opening the door Mr. Hutcheson said, What cheer, my lord? He answered, "Good cheer, sir, the Lord hath again confirmed and said to me from heaven, Thy sins be forgiven thee." Upon this tears of joy flowed in abundance; he retired to the window and wept there; from that he came to the fire, and made as if he would stir it a little to conceal his concern, but all would not do, his tears ran down his face, and coming to Mr. Hutcheson he said, "I think his kindness overcomes me. But God is good to me, that he let not out too much of it here, for he knows I could not bear it[100]. Get me my cloke and let us go." But being told that the clock was kept back till one, till the bailies should come,——He answered, They are far in the wrong; and presently kneeled and prayed before all present, in a most sweet and heavenly manner. As he ended, the bailies sent up word for to come down; upon which he called for a glass of wine, and asked a blessing to it, standing, and continuing in the same frame, he said, "Now let us go, and God be with us."
After having taken his leave of such in the room, who were not to go with him to the scaffold, when going towards the door he said, "I could die like a Roman, but choose rather to die like a Christian. Come away, gentlemen, he that goes first goes cleanliest." When going down stairs, he called the reverend Mr. James Guthrie to him, and embracing him in a most endearing way, took his farewel of him; Mr. Guthrie at parting addressed the marquis thus, "My lord, God hath been with you, he is with you, and will be with you. And such is my respect for your lordship, that if I were not under sentence of death myself, I would cheerfully die for your lordship." So they parted, to meet again in a better place on the Friday following.