As the ministers considered the parliament tardy in their proceedings against the royalists, the commissioners of the general assembly presented, on the 5th of December, a remonstrance, praying them “for justice upon delinquents and malignants who had shed the blood of their brethren,” and on the same day, four petitions and remonstrances to the same effect were presented to the parliament, from the provincial assemblies and from Fife, Dumfries, Merse, Teviotdale, and Galloway, by a body of about 200 persons. The parliament, says Balfour, by their president, answered, that they had taken their “modest petitions and seasonable remonstrances very kindly, and rendered them hearty thanks, and wished them to be confident that, with all alacrity and diligence, they would go about and proceed in answering the expectations of all their reasonable desires, as they might themselves perceive in their procedure hitherto; and, withal, he entreated them, in the name of the house, that they would be earnest with God to implore and beg his blessing to assist and encourage them to the performance of what they demanded.”[344]
Notwithstanding the entreaties of the ministers to proceed with the condemnation of the prisoners, the parliament postponed proceedings till the 17th of January, 1646; but, as a peace-offering, they ordered, in the mean time, some Irish prisoners, composed partly of those who had been taken at Philiphaugh, and who had escaped assassination, and partly of stragglers who had been picked up after that battle, and who were confined in various prisons throughout the kingdom, especially in those of Selkirk, Jedburgh, Glasgow, Dumbarton, and Perth, to be executed without trial, “conform to the treaty betwixt both kingdoms.”[345] A more illegal act it is scarcely possible to conceive, but in these times even the forms of justice were set aside.
The Committee of Estates, when sitting in Glasgow, had condemned the Earl of Hartfell and Lord Ogilvie to death, along with Sir William Rollock, Sir Philip Nisbet, and Alexander Ogilvie; but, for some reason or other, their execution was deferred. So that, with the exception of Adjutant Stuart, who escaped while under the charge of General Middleton, there remained only four persons of any note for condemnation, viz., Colonel Nathaniel Gordon, Sir Robert Spottiswood, the Honourable William Murray, and Captain Guthry. It appears from the parliamentary register of Sir James Balfour, that these four prisoners pleaded exemption from trial, or rather from condemnation, on the ground of “quarters;” but after three hours’ debate, on the 10th of January, the parliament overruled this defence; and the committee having, of course, found them all “guilty of high treason against the states of the kingdom,” they fixed the 16th of that month for taking into consideration the punishment to be inflicted upon them.
The first case taken up on the appointed day, was that of Colonel Nathaniel Gordon, who, after a debate of three hours’ duration, was sentenced to be beheaded at the cross of St. Andrews, on Tuesday, the 20th of January, at twelve o’clock, noon, and his lands and goods were declared forfeited to the public. The lord chancellor declined voting. Similar sentences were pronounced upon the Honourable William Murray and Captain Guthry, by a majority of votes, a few of the members having voted that they should be imprisoned during life. Mr. Murray’s brother, the Earl of Tulliebardine, absented himself. These three fell under an act passed the preceding year, declaring that all persons who, after having subscribed the Covenant, should withdraw from it, should be held as guilty of high treason. But the case of Sir Robert Spottiswood, who had not subscribed the Covenant, not falling within the scope of this ex-post-facto law, the committee had stated in a special report the grounds on which they found Sir Robert guilty of high treason, namely, 1st, that he had advised, docketed, signed, carried, and delivered to Montrose the commission appointing him “lieutenant-governor and captain-general” of all his majesty’s forces in Scotland; and 2dly, that he had been taken in arms against the country at Philiphaugh. After a lengthened debate, the parliament decided that both these charges were capital offences, and accordingly Sir Robert was condemned by a large majority to lose his head.[346]
It was the intention of the parliament to have ordered the Earl of Hartfell and Lord Ogilvie to be executed along with the other prisoners; but on the evening of the 19th of January Lord Ogilvie effected his escape in the following way. Pretending sickness he applied for, and obtained, though with considerable difficulty, liberty to his mother, wife, and sister, to visit and attend him in prison. On entering his chamber the sentinels retired out of respect to the ladies; and, as soon as the door was shut, his lordship jumped out of bed, and attired himself in his sister’s clothes, who, on undressing, took the place of her brother in bed, and put on his night-cap. After spending some time together to prevent suspicion, the two other ladies and his lordship, after opening the door ajar so as to be seen by the guards, pretended to take a most affectionate and painful leave of the unfortunate bed-ridden prisoner, and drawing the door after them, passed the sentinels without interruption. This happened about eight o’clock in the evening; and as horses had been prepared for his lordship and two companions who were waiting to escort him, he immediately mounted, and was out of all danger before next morning, when the deception was discovered. The escape of Lord Ogilvie highly incensed Argyle, who hated the Ogilvies, and who, it is said, longed for the death of his lordship. He could not conceal the chagrin he felt on the occasion, and even had the audacity to propose that the three ladies should be immediately punished; but the Hamiltons and Lord Lindsay, who, on account of their relationship to Lord Ogilvie, were suspected of being privy to his escape, protected them from his vengeance. The escape of Lord Ogilvie was a fortunate occurrence for the Earl of Hartfell, for whose life it is alleged the Hamiltons thirsted in their turn; and to disappoint whom Argyle insisted that the earl’s life should be spared, a concession which he obtained.[347]
Of the four prisoners, Colonel Nathaniel Gordon, “a man,” says Wishart, “of excellent endowments both of body and mind,” was the first that suffered. He had been long under the ban of the church for adultery; but on signing a paper, declaratory of his repentance, he was absolved from the sentence of excommunication. He died expressing great sorrow for the vices and follies of his youth; but vindicated himself for the part he had taken in the troubles of his country, professed the most unshaken loyalty to his king, and declared that if there were any thing in the instrument he had signed which might be construed as dishonourable to the king, or repugnant to his authority, he completely disowned it.
Colonel Gordon was followed to the scaffold by Sir Robert Spottiswood, a man of spotless integrity, and one of the most profound scholars of the age. He was the eldest son of Archbishop Spottiswood, and had, by his rare endowments and great merit, been noticed with distinction by King James and his successor Charles. James conferred on him the order of knighthood, and made him a privy councillor, and Charles promoted him to the high situation of lord president of the court of session; and, upon the desertion of the Earl of Lanark to the Covenanters, the king appointed him principal secretary of state for Scotland instead of that nobleman. This appointment drew down upon him the hatred of the leading Covenanters, but still there were some among them who continued to respect him on account of his worth and shining talents; and when the vote was taken in parliament whether he should suffer, the Earls of Eglintoun, Cassilis, Dunfermline, and Carnwath, voted that his life should be spared; and the lord chancellor and the Earl of Lanark, by leave of the house, declined voting. “Though many liked not his party, they liked his person, which made him many friends even among the Covenanters, insomuch, that after his sentence was read, some of the nobility spoke in his behalf, and entreated the house to consider the quality and parts of that excellent gentleman and most just judge, whom they had condemned, and begged earnestly his life might be spared. But an eminent knowledge and esteem, which, in other cases, might be a motive to save a criminal, was here only the cause of taking an innocent man’s life—so dangerous is it, in a corrupt age, to be eminently constant and virtuous. The gentlemen who spoke were told that the authority of the established government was not secure while Sir Robert’s life was spared. Whereupon the noblemen who presided at the meeting of the estates at Glasgow, and in the parliament at St. Andrews, openly declared, when they signed the respective sentences, that they did sign as preses, and in obedience to the command of the estates, but not as to their particular judgment.”[348]
After he had mounted the scaffold, still reeking with the blood of Colonel Gordon, Sir Robert surveyed the terrific scene around him with singular composure, which, added to his naturally grave and dignified appearance, filled the breasts of the spectators with a feeling of compassion. Sir Robert had intended to have addressed the people, and had prepared a written speech for the occasion; but on turning round to address the spectators, he was prevented from proceeding by the provost of St. Andrews, formerly a servant of Sir Robert’s father, who had been instigated to impose silence upon him by Robert Blair, one of those ministers who, to the scandal of religion, had dishonoured their profession by calling out for the blood of their countrymen. Blair’s motive in occasioning this interruption is said to have arisen from a dread he entertained that Sir Robert would expose the designs of the Covenanters, and impress the bystanders with an unfavourable opinion of their proceedings. Sir Robert bore the interruption with the most unruffled composure, and, as he saw no chance of succeeding, he threw the manuscript of his speech amongst the crowd, and applied himself to his private devotions. But here again he was annoyed by the officious impertinence of Blair, who rudely asked him whether he (Blair) and the people should pray for the salvation of his soul? To this question Sir Robert answered, that he indeed desired the prayers of the people; but knowing the bloodthirsty character of the man he was addressing, who had come to tease him in his last moments, he told him that he “would have no concern with his prayers, which he believed were impious, and an abomination unto God; adding, that of all the plagues with which the offended majesty of God had scourged the nation, this was certainly by far the greatest, greater than even the sword, fire, or pestilence; that for the sins of the people God had sent a lying spirit into the mouths of the prophets.”[349] This answer raised the fury of Blair, who assailed Sir Robert with the most acrimonious imputations, and reviled the memory of his father by the most infamous charges; but Sir Robert was too deeply absorbed in meditation to regard such obloquy. Having finished his devotions, this great and good man, after uttering these words, “Merciful Jesus! gather my soul unto thy saints and martyrs who have run before me in this race,” laid his neck upon the fatal block, and in an instant his head was severed from his body.
After Sir Robert Spottiswood’s execution, Captain Guthry, son of the ex-bishop of Moray, was next led to the scaffold. The fierce and unfeeling Blair, who had already officiously witnessed, with the most morbid complacency, the successive executions of Colonel Gordon and Sir Robert, not satisfied with reviling the latter gentleman in his last moments, and lacerating his feelings by heaping every sort of obloquy upon the memory of his father, vented the dregs of his impotent rage upon the unfortunate victim now before him; but Guthry bore all this man’s reproaches with becoming dignity, and declared that he considered it an honour to die in defence of the just cause of his sovereign. He met his death with the fortitude of a hero and the firmness of a Christian.
In consequence of an application to the parliament by the Earl of Tulliebardine, the execution of his brother, William Murray, was delayed till the 23d of January. The case of this unfortunate young man excited a strong feeling of regret among the Covenanters themselves, and some writers have not scrupled to blame the earl as the cause of his death, that he might succeed to his patrimony. Some countenance is afforded to this conjecture from the circumstance that the earl not only made no exertions to save his brother from condemnation, but that he even absented himself from parliament the day that his brother’s case came to be discussed, when, by his presence or his vote, he might have saved his brother’s life. Nor is this supposition, it is contended, in any shape weakened by the attempt he afterwards made to get off his brother; for he must have known that the parliament had gone too far to retract, and could not, without laying itself open to the charge of the grossest partiality, reprieve Mr. Murray, and allow their sentence to be carried into execution against the other prisoners. If true, however, that the earl delivered the speech imputed to him by Bennet, there can be no doubt of his being a participator in the death of his brother, but, it would be hard to condemn him on such questionable authority. To whatever cause it was owing, Mr. Murray was not, during his last moments, subjected to the annoyances of Blair, nor was he prevented from delivering the following speech to the persons assembled to witness his execution. He spoke in a loud tone of voice as follows: “I hope, my countrymen, you will reckon that the house of Tulliebardine, and the whole family of Murray, have this day acquired a new and no small addition of honour; that a young man, descended of that ancient race, has, though innocent, and in the flower of his age, with the greatest readiness and cheerfulness, delivered up his life for his king, the father of his country, and the most munificent patron and benefactor of that family from which he is sprung. Let not my honoured mother, my dearest sisters, my kindred or my friends, lament the shortness of my life, seeing that it is abundantly recompensed by the honour of my death. Pray for my soul, and God be with you.”[350]