Page:A biographical dictionary of eminent Scotsmen, vol 1.djvu/121

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ROBERT BAILLIE.
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the council in £6,000, being about the value of his whole estates. It was then supposed that the prosecution would cease, and that he would escape with the doom of a captive. For several months he continued shut up in a loathsome prison, which had such an effect upon his health that he was brought almost to the last extremity. Yet "all the while," to use the words of Bishop Burnet,[1] "he seemed so composed, and even so cheerful, that his behaviour looked like a reviving of the spirit of the noblest of the old Greeks or Romans, or rather of the primitive Christians, and first martyrs in those last days of the church." At length, on the 23rd of December, 1684, he was brought before the court of justiciary. He was now so weak as to be obliged to appear at the bar in his night-gown, and take frequent applications of cordials, which were supplied to him by his sister, the wife of Mr Ker of Graden. The only evidence that could be produced was the confessions forced from his friends by torture, one of whom, the Rev. Mr Carstairs, afterwards the distinguished Principal of the Edinburgh University, had only emitted a declaration, on an express promise that no use was to be made of it. Mr Baillie solemnly denied having been accessary to any conspiracy against the king's life, or being unfavourably disposed to monarchical government. He complained that his friends had been forced to bring forth untrue representations against him. Indeed, there can be no doubt that the whole extent of his offence was a desire to procure some amelioration of the measures, and not any change of the members of the government; we say desire, because it never could be proved that a single step had been taken in the matter, nor is there the least probability that it would have ever been heard of, but for the trials of several innocent persons.

A cavalier and contemporary writer has alleged that Mr Baillie conducted himself on his trial in a very haughty and scornful manner,—"very huffy and proud," is the expression used—but this probably is only the colour given by a political enemy to the Roman dignity, which Burnet saw in his behaviour. After the evidence had been adduced, and when the Lord Advocate had ended his charge, the following remarkable dialogue took place between him and that officer:—

"My lord, I think it very strange that you charge me with such abominable things; you may remember that when you came to me in person, you told me that such things were laid to my charge, but that you did not believe them. How then, my lord, did you come to lay such a stain upon me with so much violence? Are you now convinced in your conscience that I am more guilty than before? You may remember what passed betwixt us in prison."

The whole audience fixed their eyes upon the advocate, who appeared in no small confusion, and said,

"Jerviswood, I own what you say. My thoughts there were as a private man; but what I say here is by special direction of the privy council. And," pointing to Sir William Paterson, clerk, "he knows my orders."

"Well," said Baillie, "if your lordship have one conscience for yourself, and another for the council, I pray God forgive you; I do. My lords," he added, "I trouble your lordships no further."

The assize was empannelled at midnight, and sat till nine in the morning of the succeeding day, when a verdict of guilty was returned against Mr Baillie, and he was sentenced to be executed that afternoon, at the cross, and his limbs to be afterwards exhibited on the jails of four different Scottish towns. The reason for such precipitation was the fear of his judges that a natural death would disappoint the wishes of the government, which called imperatively at this

  1. Burnet, being the nephew of Sir Archibald Johnstone, was cousin by marriage to Mr Baillie.