The History of England in Three Volumes, Vol. I., Part F.: From Charles II. to James II.
David Hume · en
proved by the testimony of the duke of Lauderdale, lord commissioner,
Lord Hatton his brother, the earl of Rothes, and the primate himself.
Mitchel, besides maintaining that the privy council was no court of
judicature, and that a confession before them was not judicial, asserted
that he had been engaged to make that confession by a solemn promise
of pardon. The four privy counsellors denied upon with that any such
promise had ever been given. The prisoner then desired that the council
books might be produced in court, and even offered a copy of that day’s
proceedings to be read; but the privy counsellors maintained, that,
after they had made oath, no further proof could be admitted, and that
the books of council contained the king’s secrets, which were on no
account to be divulged. They were not probably aware, when they swore,
that the clerk having engrossed the promise of pardon in the narrative
of Mitchel’s confession, the whole minute had been signed by the
chancellor, and that the proofs of their perjury were by that means
committed to record. Though the prisoner was condemned, Lauderdale was
still inclined to pardon him; but the unrelenting primate rigorously
insisted upon his execution, and said, that if assassins remained
unpunished, his life must be exposed to perpetual danger. Mitchel was
accordingly executed at Edinburgh, in January, 1678. Such a complication
of cruelty and treachery shows the character of those ministers to whom
the king at this time intrusted the government of Scotland.
Lauderdale’s administration, besides the iniquities arising from the
violence of his temper, and the still greater iniquities inseparable
from all projects of persecution, was attended with other circumstances
which engaged him in severe and arbitrary measures. An absolute
government was to be introduced, which on its commencement is often most
rigorous; and tyranny was still obliged, for want of military power, to
cover itself under an appearance of law; a situation which rendered it
extremely awkward in its motions, and, by provoking opposition, extended
the violence of its oppressions.