hem,
when they found, upon his confession, that only one person, who was
now dead, had been acquainted with his bloody purpose. Mitchel was
then carried before a court of judicature, and required to renew his
confession; but being apprehensive, lest, though a pardon for life had
been promised him, other corporal punishment might still be inflicted,
he refused compliance; and was sent back to prison. He was next examined
before the council, under pretence of his being concerned in the
insurrection at Pentland; and though no proof appeared against him, he
was put to the question, and, contrary to the most obvious principles
of equity, was urged to accuse himself. He endured the torture with
singular resolution, and continued obstinate in the denial of a crime,
of which, it is believed, he really was not guilty. Instead of obtaining
his liberty, he was sent to the Bass, a very high rock surrounded by the
sea; at this time converted into a state prison, and full of the unhappy
Covenanters, He there remained in great misery, loaded with irons, till
the year 1677, when it was resolved, by some new examples, to strike
a fresh terror into the persecuted but still obstinate enthusiasts.
Mitchel was then brought before a court of judicature, and put upon
his trial for an attempt to assassinate an archbishop and a privy
counsellor. His former confession was pleaded against him, and was
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.