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.