them to my charge here nor hereafter."

All this being over, the executioner took down his leg from a chest
whereon it was lying all the time in the boot, and set both on the
ground; and thrusting in the shelves to drive the wedges, began his
strokes; at every one of which, enquiring if he had any more to say, or
would say any more; Mr. Mitchel answered no; and they continued to nine
strokes upon the head of the wedges; at length he fainted, through the
extremity of pain at which the executioner cried, Alas! my lords, he is
gone! then they stopped the torture and went off; and in a little time,
when recovered, he was carried, in the same chair, to the tolbooth.

It is indeed true that Mr. Mitchel made a confession, upon the promise
of his life; but the managers, having revoked their promise, because he
would not adhere to his confession before the justiciary, (being advised
by some friends not to trust too much to that promise) and be his own
accuser. "The reader must determine (says a very impartial
historian[155]) how far he was to blame now, in not owning his
confession judicially, as they had judicially revoked the condition upon
which the confession was made, and to put a man to torture for finding
out things, for which they had not the least proof, seems to be
unprecedented and cruel, and to bring him to a farther trial appears to
be unjust." For as another author has well observed, "That when a
confession or promise is made upon a condition, and that condition is
judicially rescinded, the obligation of the promise or confession is
taken away, and both parties are _statu quo_, Josh. ii. 14, &c. That,
in many cases it is lawful to conceal and obscure a necessary duty, and
divert enemies from a pursuit of it for a time. 1 Sam. xvi. 1, 2. xx. 5,
6. Jer. xxxviii. 24, &c. That when an open enemy perverts and
overturns the very nature and matter of a discourse or confession, by
leaving out the most material truths, and putting in untruths and
circumstances in their room, it no longer is the former discourse or
confession, &c. That when a person is brought before a limited
judicatory, &c. before whom nothing was ever confessed or proven, the
person may justly stand to his defence, and put his enemies to bring in
proof against him, &c."

After this Mr. Mitchel continued in prison till the beginning of next
year, when he and Mr. Frazer of Brae were with a party of twelve horse
and thirty foot, sent to the Bass, where he