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ordering an Enquiry into that Matter, whereby the Honour and Justice of the Nation might be vindicated.

It being urged that the Commiffion fhould proceed with Diligence, as being a national Concern, and that the Discovery be made known to the Houfe before its Adjournment. His Grace affur'd them, that he doubted not of his Majefty's giving Satisfaction to his Parliament in that Point, and that before they parted.

The Commiflioners proceeded according to Order, and made the following Report:

Report of the Commiffion given by his Majesty, for enquiring into the Slaughter of the Men of GLENCO, fubfcribed at Halyrud-House, the 20th Day of June, 1693.

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COHN, Marquis of Tweddale, Lord High Chancellor of Scotland; William Earl of Anandale; John Lord Murray; Sir James Stuart, his Majefty's Advocate; Adam Cockburn, of Ormistoun, Lord Justice Clerk; Sir Archibald Hope, of Rankeiller, and Sir William Hamilton, of Whitelaw, two of the Senators of the College of Juftice; Sir James Ogilvy, his Majesty's Solicitor, and Adam Drummond, of Meggins, Commiffioners appointed by his Majefty, by his Commiffion under the Great Seal of the Date the 29th of April laft, to make Enquiry, and to take Trial and Precognition about the Slaughter of feveral Perfons of the Sirname of Mackdonald, and others, in Glenco, in the Year 1692, by whom, and in what Manner, and by what pretended Authority, the fame was committed, with Power to call for all Warrants and Directions given in that Matter; as alfo to examine all Perfons who had a Hand therein, with what Wit neffes they should find neceffary either upon Oath or Declaration, and to report to his Majefty the true State of the Matter; with the Evidence and Teftimonies to be adduced before them, as the faid Commiffion more amply bears. Having met and qualified themselves by taking the Oath of Allegiance and Affurance, conform to the Act of Parliament, with the Oath de Fideli, as in fuch Cafes, did, according to the Power given to them, chufe Mr. Alexander Munro, of Beircroft, to be their Clerk; and he having alfo qualified himself as above, they proceeded into the faid Enquiry, to call for all Warrants and Directions, with all fuch Perfons, as Witneffes, that might give Light in the faid Matter; and having confidered the forefaid Warrants and Directions produced before them, and taken the Oaths and Depofitions of the Witneffes under-named, they, with all Submiffion, lay the Report of the whole Discovery made by them before his Majefty, in the Order following: And, first, of fome Things that preceded the faid Slaughter. Secondly, Of the Matter of Fact, with the Proofs and Evidence taken, when, and in what Manner, the fame was committed. Thirdly, Of the Warrants and Directions that either really were, or were pretended for

VOL. III.

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the committing it. And, lastly, the Commiffioners humble Opinion of the true State and Account of that whole Bufinefs.

The Things to be remarked preceding the faid Slaughter were, That its certain the Lairds of Glenco and Auchintriaten, and their Followers, were in the Infurrection and Rebellion made by fome of the Highland Cians, under the Command first of the Viscount of Dundee, and then of Major General Buchan, in the Years 1689 and 1690. This is acknowledged by all. But when the Earl of Braidalbin called the Heads of the Clans, and met with them in Auchallader, in July 1691, in order to a Ceffation, the deceas'd Alexander Macdonald, of Glenco, was there with Glengary, Sir John Maclene, and others, and agreed to the Ceffation, as it is alfo acknowledged: But the deceafed Glenco's two Sons, who were at that Time with their Father in the Town of Auchallader, depone that they heard that the Earl of Braidalbin did, at that Time, quarrel with the deceased Glenco, about fome Cows that the Earl alledged were ftolen from his Men by Glenco's Men; and that tho' they were not prefent to hear the Words, yet their Father told them of the Challenge; and the two Sons, with Ronald Macdonald, Indweller in Glenco, and Ronald Macdonald, in Innerriggin, in Glenco, do all depone, That they heard the deceased Glencofay, that the Earl of Braidalbin, at the Meeting of Auchallader, threaten'd to do him a Mischief, and he feared a Mischief from no Man fo much as from the Earl of Braidalbin, as their Depofitions at the Letter A, in the Margin, bears. And Alexander Macdonald, fecond Son to the deceafed Glenco, doth farther depone, That he hath often heard from his Father and others, that there had been in former Times Blood betwixt Braidalbin's Family and their Clan, as his Depofition at the fame Mark bears. And here the Commiffioners cannot but take Notice of what hath occurr'd to them in two Letters from Secre tary Stair, to Lieutenant-Colonel Hamilton, one of the firft, and another of the third of December, 1691, wherein he expreffes his Refentment from the marring of the Bargain that should have been betwixt the Earl of Braidalbin and the Highlanders, to a very great Height; charging fome for their Defpite against him, as if it had been the only Hinderance of that Settlement: Whence he goes on in his, of the third of December, to fay, That fince the Government cannot oblige them, it is obliged to ruin fome of them to weaken and frighten the reft, and that the Macdonalds will fall in this Net. And, in effect, feems even from that Time, which was almost a Month before the expiring of the King's Indemnity, to project with Lieutenant-Colonel Hamilton, that fome of them fhould be rooted out and deftroy'd. His Majesty's Proclamation of Indemnity was published in August, 1691, offering a free Indemnity and Pardon to all the Highlanders who had been in Arms, upon their coming in and taking the Oath of Allegiance betwixt then and the firft of January thereafter: And in Compliance with the Proclamation, the deceafed Glenco goes about the End of December, 1691, to Colonel Hill, Governor of Fort William, at Inverlochie, and defired the Colonel to minifter to him the Oath of Allegiance, that he might have the King's Indemnity: But Colonel Hill, in his Depofition, marked with the Letter B, doth farther depone,

depone, That he haftened him away all he could, and gave him a Letter to Ardkinlas to receive him as a loft Sheep; and the Colonel produces Ardkinlas's Anfwer to that Letter, dated the ninth of January, 1691, bearing, that he had endeavoured to receive the great loft Sheep Glenco, and that Glenco had undertaken to bring in all his Friends and Followers, as the Privy-Council fhould order; and Ardkinlas farther writes, that he was fending to Edinburgh, that Glenco, tho' he had mistaken in coming to Colonel Hill, to take the Oath of Allegiance, might yet be welcome, and that thereafter the Colonel should take Care that Glenco's Friends and Followers may not fuffer, till the King and Councils Pleasure be known, as the faid Letter, marked on the Back with the Letter B, bears; and Glenco's two Sons, above-named, do depone in the fame Manner, That their Father went about the End of December to Colonel Hill, to take the Oath of Allegiance; but finding his Miftake, and getting the Colonel's Letter to Ardkinlas, he hafted to Inverary as foon as he could, for the bad Way and Weather; and did not fo much as go to his own House, in his Way to Inverary, tho' he past within Half a Mile of it, as both their Depofitions at the Letter B bears: And John Mackdonald, the eldest Son, depones farther, at the fame Mark, That his Father was taken in his Way, by Captain Drummond, at Barkaldin, and detained twenty-four Hours.

Sir Colin Campbel, of Ardkinlas, Sheriff-Depute of Argyle, depones, That the deceafed Glenco came to Inverary about the Beginning of January, 1692, with a Letter from Colonel Hill to the Effect above-mentioned; and was three Days there before Ardkinlas could get thither, because of bad Weather; and that Glenco faid to him, That he had not come fooner, because he was hinder'd by the Storm; and Ardkinlas farther depones, That when he declin❜d to give the Oath of Allegiance to Glenco, because the laft of December, the Time appointed for the taking of it, was paft, Glenco begg'd with Tears that he might be admitted to take it, and promifed to bring in all his People within a fhort Time to do the like; and if any of them refused, they fhould be imprifoned or fent to Flanders: Upon which Ardkinlas says, He did adminifter to him the Oath of Allegiance upon the fixth of January, 1692, and fent a Certificate thereof to Edinburgh, with Colonel Hill's Letter to Colin Campbel, Sheriff Clerk of Argyle, who was then at Edinburgh; and further wrote to the faid Colin, that he should write back to him, whether Glenco's taking of the Oath was allow'd by the Council or not, as Ardkinlas's Depofition at the Letter B teftifies; and the faid Colin, Sheriff Clerk, depones, That the forefaid Letters, and the Certificate relating to Glenco, with fome other Certificates relating to fome other Perfons, all upon one Paper, were fent in to him to Edinburgh by Ardkinlas; which Paper being produced upon Oath by Sir Gilbert Elliot, Clerk of the Secret Council, but rolled and fcor'd, as to Glenco's Part, and his taking the Oath of Allegiance, yet the Commiffioners found that it was not fo delete or dashed, but that it may be read that Glenco did take the Oath of Allegiance at Inverary the fixth Day of January, 1692; and the said Colin Campbel

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depones, That it came to his Hand fairly written, and not dafh'd, and that with this Certificate he had the faid Letter from Ardkinlas (with Colonel Hill's above mentioned Letter to Ardkinlas inclofed) bearing how earnest Glenco was to take the Oath of Allegiance; and that he had taken it upon the fixth of January, but that Ardkinlas was doubtful if that the Council would receive it, and the Sheriff Clerk did produce before the Commissioners the forefaid Letter by Colonel Hill to Ardkinlas, dated at Fort William the 31ft Day of December, 1691, and bearing that Glenco had been with him, but flipped fome Days out of Ignorance, yet that it was good to bring in a loft Sheep at any Time, and would be an Advantage to render the King's Government eafy; and with the faid Sheriff Clerk, the Lord Aberuchil, Mr. John Campbel, Writer to the Signet, and Sir Gilbert Elliot, Clerk to the Council, do all declare that Glenco's taking the Oath of Allegiance, with Ardkinlas's forefaid Certificate, as to his Part of it, did come to Edinburgh, and was feen by them fairly written, and not fcor'd or dafhed; but that Sir Gilbert, and the other Clerk of the Council, refufed to take it in, because done after the Day appointed by the Proclamation. Whereupon the faid Colin Campbel, and Mr. John Campbel, went, as they depone, to the LordAberuchil, then a Privy-Councellor, and defired him to take the Advice of Privy-Councellors about it; and accordingly they affirm, that Aberuchil faid he had spoke to feveral Privy-Councellors, and partly to the Lord Stair, and that it was their Opinion that the forefaid Certificate could not be received without a Warrant from the King; and that it would neither be fafe to Ardkinlas, nor profitable to Glenco, to give in the Certificate to the Clerk of the Council; and this the Lord Aberuchil confirms by his Depofition, but doth not name therein the Lord Stair: And Colin Campbel, the Sheriff Clerk,. does farther depone, That with the Knowledge of the Lord Aberuchil, Mr. John Campbel, and Mr. David Moncrief, Clerk to the Council, he did, by himfelf, or his Servant, fcore or delete the forefaid Certificate, as it now ftands fcored, as to Glenco's taking the Oath of Allegiance; and that he gave it in fo fcored, or obliterate, to the faid Mr. David Moncrief, Clerk of the Council, who took it in as it is now produced. But it doth not appear, by all these Depofitions, that the Matter was brought to the CouncilBoard, that the Councils Pleasure might be known upon it, tho' it seems to have been intended by Ardkinlas, who both writ himself, and fent Colonel Hill's Letter for to make Glenco's Excufe, and defired exprefsly to know the Councils Pleasure.

After that Glenco had taken the Oath of Allegiance, as is faid, he went Home to his own House, and, as his own two Sons, above-named, depone, He not only lived there for fome Days quietly and fecurely, but called his People together, and told them he had taken the Oath of Allegiance, and made his Peace, and therefore defired and engaged them to live peaceably under King William's Government, as the Depofitions of the said two Sons, who were prefent, mark'd with the Letter E bears.

Thefe

Thefe Things having preceded the Slaughter, which happened not to be committed until the thirteenth of February, 1692, fix Weeks after the deceafed Glenco had taken the Oath of Allegiance at Inverary. The Slaughter of the Glenco-Men was in this Manner, viz. John and Alexander Macdonalds, Sons to the deceased Glenco, depone, That Glengary's Houfe being reduced, the Forces were called back to the South, and Glenlyon, a Captain of the Earl of Argyle's Regiment, with Lieutenant Lindfay and Enfign Lindsay, and fix Score Soldiers, returned to Glenco about the first of February, 1692, where, at the Entry, the elder Brother John met them with about twenty Men, and demanded the Reason of their coming; and Lieutenant Lindsay fhewed him his Orders for quartering there, under Colonel Hill's Hand, and gave Affurance that they were only come to Quarter; whereupon they were billetted in their Country, and had free Quarters, and kind Entertainment, living familiarly with the People until the thirteenth Day of February. And Alexander farther depones, That Glenlyon, being his Wife's Uncle, came almost every Day and took his Morning Drink at his Houfe; and that the very Night before the Slaughter, Glenlyon did play at Cards in his own Quarters with both the Brothers. And John depones, That old Glenco, his Father, had invited Glenlyon, Lieutenant Lindsay, and Enfign Lindsay, to dine with him upon the very Day the Slaughter happened. But on the thirteenth Day of February, being Saturday, about four or five in the Morning, Lieutenant Lindsay, with a Party of the forefaid Soldiers, came to old Glenco's Houfe, where, having called in a friendly Manner, and got in, they fhot his Father dead with feveral Shots as he was rifing out of his Bed; and the Mother having got up and put on her Cloaths, the Soldiers ftripped her naked, and drew the Rings off her Fingers with their Teeth; as likewife they killed one Man more, and wounded another grievously at the fame Place: And this Relation they fay they had from their Mother; and is confirmed by the Depofition of Archibald Macdonald, Indweller in Glenco, who farther depones, that Glenco was fhot behind his Back with two Shots, one through the Head, and the other through the Body, and two more were killed with him in that Place, and a third wounded and left for dead: And this he knows, because he came that fame Day to Glenco's House, and faw his dead Body lying before the Door, with the other two that were killed, and fpoke with the third that was wounded, whofe Name was Duncan Don, who came there occafionally with Letters from the Brae of Mar.

The faid John Macdonald, eldeft Son to the deceas'd Glenco, depones, the fame Morning that his Father was killed there came Soldiers to his Houfe before Day, and called at his Window, which gave him the Alarm, and made him go to Innerriggen, where Glenlyon was quartered, and that he found Glenlyon and his Men preparing their Arms, which made the Deponent afk the Caufe; but Glenlyon gave him only good Words, and faid they were to march against fome of Glengaries Men, and if there were ill intended, would not he have told Sandy and his Niece? Meaning the Deponent's Brother and his Wife; which made the Deponent go Home, and go again to his Bed, until his Servant, who hindered him to fleep, raised him; and

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