hem
to see whether he would adhere to his former confession.--He answered,
"My lord, it is not unknown to your lordship, and others here present,
that, by the council's order, I was remitted to the lords of justiciary,
before whom I received an indictment at my lord advocate's instance,
&c. to which indictment I answered at three several diets, and at the
last diet, being deserted by my lord advocate, I humbly conceive, that,
both by the law of the nation, and the practice of this court, I ought
to have been set at liberty; yet notwithstanding, I was, contrary to
law, equity and justice, returned to prison; And upon what account I am
this night before you, I am ignorant." The preses told him, He was only
called to see if he would own his former confession.--He replied, "He
knew no crime he was guilty of, and therefore made no such confession as
he alledged." Upon this, the treasurer depute said, The pannel was one
of the most arrogant liars and rogues he had known.--Mr. Mitchel
replied, "My lord, if there were fewer of these persons, you have been
speaking of, in the nation, I should not be standing this night at the
bar; but my lord advocate knoweth, that what is alledged against me is
not my confession." The preses said, Sir, we will cause a sharper thing
make you confess.--He answered, "My lord, I hope you are Christians and
not pagans." Then he was returned to prison.

On the 22d, he was again called before them, to see if he would own his
former confession, and a paper produced, alledged to be subscribed by
him; but he would not acknowledge the same. The preses said, You see
what is upon the table (meaning the boots), I will see if that will make
you do it. Mr. Mitchel answered, "My lord, I confess, that, by torture,
you may cause me to blaspheme God, as Saul did compel the saints; you
may compel me to speak amiss of your lordships; to call myself a thief,
a murderer, &c. and then pannel me on it: But if you shall here put me
to it, I protest before God and your lordships, that nothing extorted
from me by torture, shall be made use of against me in judgment, nor
have any force in law against me, or any other person. But to be plain
with you, my lords, I am so much of a Christian, that whatever your
lordships shall legally prove against me, if it be truth, I shall not
deny it;--but, on the contrary, I am so much of a man, and a Scotsman,
that I never held myself obliged, by the law of God, nature and nations,
to be