Volume 1 - Electric Scotland

I
cxcviii JAMES JOnXSTOXE, FIIiST KARL OF IIARTFELL, 1G0S-1G53.
rjiilipli;uiL;l], where Montrose and his followers, having been caught napping,
as Xapier admits, were within a month after the victory at Kilsyth defeated,
and overwhelmed with disaster. The Earl of Ilarlfell escaped from the field,
but was seized iu his ilighL by the country people, and delivered to the forces
of the parliament.
The earl was sensible that iu acting witli Montrose he had incurred the
penalty of the bond for his good behaviour, which he had granted in the
previous March. Eut lie says that, in accordance with it, lie "did indevour,
and wold haue contiiiowit to [have] behaved my selfi' as a good patriot, if the
fear of a prevaileing enemie haid not involued me, with too many othcres,
cftir the wnhappie conflict at Ivilsythe, in the desertione at that tyme."
The trial of the Earl of Ilartfell took place at the meeting of parliament
at St. Andrews in December 1G45. Along with certain other prisoners the
earl presented a petition on the -1th of that month to the parliament, desiring
that their trial should not be before a committee of processes, as v,"as pro-
l)osed, but in fuU parliament, at least that they might be tried by their peers,
or by the justice-general ; and several exceptions were taken against Sir
Archibald Johnston, Lord Warriston, on account of his alleged animus
against them, and prejudging of their case, but from these exceptions the Earl
of ilartfell dissented. The parliament, however, after considering the peti-
tion, refused its prayer in all respect.s, except what referred to Sir Archibald
Johnston, wliich was reserved, and ordered the trial to proceed. As the
result of their trial, the earl and his fellow-prisoners were condemned and
sentenced to death. On the 10th the earl petitioned the house for merc}^
He acknowledged his ofiences against the country, and would not extenuate
them; but submitting himself, and his life and fortune to their disposal,
appealed from the rigour of the law to theh- absolute mercy.^ The
appeal was in vain. He and Lord Ogilvie were singled out to be the
p. SJS.
' Acts of the Parliaments of Scotland, vol. vi. [ip. 479, 4S1,4S'). Baifonr's Annab, vol. iii.