To account some way for his conduct in this:——His family was numerous; and very considerable sums were owing him, which he had advanced for the public service, and a good many bygone years salaries; he was, through importunity, thus prevailed upon to side with the usurper, there being no other door open then for his relief. And yet after this his compliance, it was observed, he was generally more sad and melancholy than what he had formerly been, and it is said that his outward affairs did not prosper so well afterward.
The king being restored again to his dominions anno 1660, and the noble marquis of Argyle imprisoned July 14, orders came down to seize Sir James Stuart provost of Edinburgh, Sir Archibald Johnston of Warriston, and Sir John Chiesly of Carswel. The first and last were tried, but lord Warriston escaped for a time, and therefore was summoned, by sound of trumpet, to surrender himself, and a proclamation issued out for seizing him, promising an hundred pounds Scots to any who should do it, and discharging all from concealing or harbouring him under pain of treason. A most arbitrary step indeed! For here is not only a reward offered for apprehending this worthy gentleman, but declaring it treason for any to harbour him, and that without any cause assigned.
Upon the 10th of October following, he was, by order of the council, declared fugitive; and next year Feb. 1st, the indictment against lord Warriston, William Dundas, and John Hume, was read in the house, none of them being present. Warriston was forfeited, and his forfeiture publicly proclaimed, by the heralds, at the cross of Edinburgh. The principal articles of his indictment were, his pleading against Newton Gordon, when he had the king's express orders to plead for him; His assisting to the act of the west kirk, &c.; His drawing out, contriving or consenting to the paper called the western remonstrance, and the book called the causes of the Lord's wrath; his sitting in parliament as a peer in England, contrary to his oath, &c.; His accepting the office of clerk-register from the usurper;——and being president of the committee of safety, when Richard was laid aside, &c. But neither of all these were the proper causes of this good man's sufferings, but a personal prejudice or pique was at the bottom of all these bitter proceedings; for the godly freedom he took in reproving vice, was what could never be forgotten nor forgiven. The last-cited historian hints, that the earl of Bristol was interceeding for him, and says, "I have an account of this holy freedom in lord Warriston, used from a reverend minister, who was his chaplain at that time, and took freedom to advise my lord not to adventure on it; yet this excellent person, having the glory of God and the honour of religion more in his eyes than his own safety, went on in his designed reproof, and would not for a compliment, quit the peace he expected in his own conscience, be the event what it would, by disburthening himself; he got a great many fair words, and all was pretended to be taken well from my lord register; but, as he was told by his well-wishers, it was never forgot[129]." For, in compliance with Cromwel, he was not alone in the matter; the greater part of the nation being involved therein as well as he: And several of those who had been named trustees to the usurper, were all discharged from court, except Warriston, who was before come to Scotland, and ordered to appear before the parliament at the sitting down thereof.
This good man, after the sentence of forfeiture and death passed against him by the first parliament, being obliged to go abroad, to escape the fury of his enemies, even there did their crafty malice reach him; for while at Hamburg, being visited with sore sickness, it is certain that Dr. Bates, one of king Charles's physicians, intending to kill him (contrary to his faith and office), prescribed poison to him instead of physic, and then caused draw from him sixty ounces of blood, whereby (though the Lord wonderfully preserved his life) he was brought near the gates of death, and so far lost his memory, that he could not remember what he had said or done a quarter of an hour before, and continued so until the day of his martyrdom.
And yet all this did not satisfy his cruel and blood-thirsty enemies, while he was yet in life they sought him carefully; and at last, he having gone unadvisedly to France, one Alexander Murray, being dispatched in quest of him, apprehended him at Roan, while he was engaged in secret prayer, a duty wherein he much delighted. In Jan. 1663, he was brought over prisoner, and committed to the tower of London, where he continued till the beginning of June, when he was sent down to Edinburgh to be executed.
His carriage during his passage was truly christian. He landed at Leith on the 8th, and was committed to the tolbooth of Edinburgh; and from thence he was brought before the parliament on the 8th of July. His nephew, Bp. Burnet, says, He was so disordered both in body and mind, that it was a reproach to any government to proceed against him[130].
When at the bar of the house, he discovered such weakness of memory and judgment, that almost every person lamented him, except Sharp and the other bishops, who scandalously and basely triumphed over, and publicly derided him; although it is well known, says a very noted author, that lord Warriston was once in case, not only to "have been a member, but a president of any judicatory in Europe, and to have spoke for the cause and interest of Christ before kings, to the stopping of the mouths of gainsayers[131]."
Here it seemed, that many of the members of parliament inclined to spare his life; but when the question was put, Whether the time of his execution should be just now fixed, or delayed, Lauderdale interposed, upon calling the rolls, and delivered a most dreadful speech for his present execution. And sentence was pronounced, That he be hanged at the cross of Edinburgh, on the 22d of July, and his head placed on the Nether-bow, beside that of Mr Guthrie. He received his sentence with such meekness as filled all with admiration; for then he desired, That the best blessings might be on church and state, and on his majesty (whatever might befal himself), and that God would give him true and faithful counsellors[132].
During the whole time of his imprisonment, he was in a most spiritual and tender frame, to the conviction of his very enemies; and the nearer that his death approached, the composure of his mind became the more conspicuous. He rested agreeably the night before his execution, and in the morning was full of consolation, sweetly expressing his assurance of being clothed with a long white robe, and of getting a new song of the Lamb's praise in his mouth. Before noon he dined with cheerfulness, "hoping to sup in heaven, and to drink the next cup fresh and new in his Father's kingdom."
After he had spent some time in secret prayer, about two o'clock he was taken from prison, attended by several of his friends in mourning, though he himself was full of holy cheerfulness and courage, and in a perfect serenity of mind. When come to the scaffold, he said frequently to the people, "Your prayers, your prayers." When he was on the scaffold he said, "I intreat you, quiet yourselves a little, till this dying man deliver his last speech among you;" and desired they would not be offended at his making use of the paper to help his memory, so much impaired by long sickness and the malice of physicians. Then he read his speech first on the one side of the scaffold, and then on the other. In which speech, after a a short preamble, shewing that that which he intended to have spoken at his death, was not now in his power, being taken from him, yet hoped the Lord would preserve it to be his testimony; being now for some time in a most melancholy concumitance, through long and sore sickness, drawing of blood, &c. He, in the first place, confesseth his sins, pleads for forgiveness, bewails his compliance with the usurper, although, said he, he was not alone in that offence, but had the body of the nation going before him, and the example of all ranks to insnare him, &c. Then declares his adherence to the covenanted work of reformation, earnestly desiring the prayers of all the Lord's praying people, &c. and vindicates himself from having any accession to the late king's death, and to the making of the change of government; taking the great God of heaven to witness between him and his accusers. And at last concluded with these words, "I do here now submit, and commit my soul and body, wife and children, and children's children, from generation to generation for ever, with all others his friends and followers, all his doing and suffering witnesses, sympathizing ones in present and subsequent generations, unto the Lord's choice mercies, graces, favours, services, employment, enjoyments and inheritments on earth and in heaven, in time and all eternity; all which suits, with all others which he hath at any time, by his Spirit, moved and assisted me to put up, according to his will, I leave before and upon the Father's merciful bowels, the Son's mediating merits, and the Holy Spirit's compassionate groans, both now and for ever more Amen[133]."