"as poffible I know you will be at Work, for thefe falfe People will do nothing but as they fee you in a Condition to do with them.'

Sir Thomas Livingston having got the King's Inftructions, with Secretary Stair's Letter of the fixteenth of January, and knowing by a Letter he had from the Mafter of Stair, of the Date of the feventh of January, 1692, that Lieutenant Colonel Hamilton was to be the Man imployed in the Execution of the Glenco-Men, in Pursuance of the Secretary's Letter, he writes to Lieutenant-Colonel Hamilton upon the twenty-third of the faid Month of January, telling him, That it was judg'd good News that Glenco had not taken the Oath of Allegiance within the Time prefixed; and that Secretary Stair, in his laft Letter, had made mention of him; and then adds, For, Sir, bere is a fair Occafion for you to fhew, that your Garrison ferves for fome Ufe; and feeing that the Orders are fo pofitive from Court to me, not to spare any of them that have not timely come in, as you may fee by the Orders I send to your Colonel, I defire you would begin with Glenco, and fpare nothing which belongs to bim; but do not trouble the Government with Prifoners: As this Letter produced by Lieutenant-Colonel Hamilton bears.

And Sir Thomas being heard upon this Letter, declar'd, "That at that "Time he was immediately return'd from his Journey to London; and that "he knew nothing of any Soldiers being quartered in Glenco, and only "meant that he should be profecuted as a Rebel standing out, by fair Hoftility:" And in this Senfe he made use of the fame Words and Orders written to him by Secretary Stair. Thereafter Colonel Hill gives his Order to be directed to Lieutenant Colonel Hamilton, in thefe Terms: Sir, You are, with 400 of my Regiment, and the 400 of my Lord Argyle's Regiment, under the Command of Major Duncason, to march ftrait to Glenco, and there put in due Execution the Orders you have received from the Commander in Chief. Given under my Hand at Fort-William, the twelfth Day of February, 1692. And this Order is also produced by Lieutenant-Colonel Hamilton.

Then, the fame Day, Lieutenant-Colonel Hamilton wrote to Major Duncafon in thefe Terms: "Sir, Pursuant to the Commander in Chief and "my Colonel's Orders to me, for putting in Execution the Service against "the Rebels of Glenco, wherein you, with a Party of Argyle's Regiment, "now under your Command, are to be concerned, you are therefore to "order your Affairs fo that you be at the several Posts affign'd you by "feven of the Clock To-morrow Morning, being Saturday, and fall in "Action with them; at which Time I will endeavour to be with the Party "from this Place at the Poft appointed them. It will be neceffary that "the Avenues minded by Lieutenant Campbel, on the South Side, be "fecured, that the old Fox, nor none of his Cubs get away. The Orders "are, that none be spared, nor the Government troubled with Prifoners." And the Copy of this last Order is produced under Lieutenant-Colonel Hamilton's own Hand; and accordingly the Slaughter of Glenco, and his poor People, did enfue the next Morning, being the thirteenth of February, 1692, in the Manner narrated.

And, upon the whole Matter, it is the Opinion of the Commiffion; First, That it was a great Wrong that Glenco's Cafe and Diligence, as to his taking the Oath of Allegiance, with Ardkinlas's Certificate of his taking the Oath of Allegiance on the fixth of January, 1692, and Colonel Hill's Letter to Ardkinlas, and Ardkinlas's Letter to Colin Campbel, Sheriff-Clerk, for clearing Glenco's Diligence and Innocence, were not prefented to the Lords of his Majefty's Privy Council, when they were fent into Edinburgh in the faid Month of January; and that those who advised the not prefenting thereof were in the wrong, and feem to have had a malicious Defign against Glenco; and that it was a farther Wrong, that the Certificate, as to Glenco's taking the Oath of Allegiance, was delete and obliterate after it came to Edinburgh; and that being fo obliterate, it fhould neither have been prefented to, or taken in by, the Clerk of the Council, without an exprefs Warrant from the Council. Secondly, That it appears to have been known at London, and particularly to the Matter of Stair, in the Month of January, 1692, that Glenco had taken the Oath of Allegiance, tho' after the Day prefix'd; for he faith, in his Letter of the thirtieth of January, to Sir Thomas Living fton, as is above remarked, I am glad that Glenco came not in within the Time prescribed: Thirdly, That there was nothing in the King's Inftructions to warrant the committing of the forefaid Slaughter, even as to the Thing itfelf, and far lefs as to the Manner of it, feeing all his Inftructions do plainly import, that the most obftinate of the Rebels might be receiv'd into Mercy upon taking the Oath of Allegiance, tho' the Day was long before elapfed, and that he ordered nothing concerning Glenco and his Tribe, but that if they could be well feparated from the reft, it would be a proper Vindication of the publick Juftice to extirpate that Sect of Thieves, which plainly intimates, that it was his Majefty's Mind that they could not be feparated from the rest of these Rebels, unless they still refused his Mercy, by continu. ing in Arms, and refusing the Allegiance; and that even in that Cafe they were only to be proceeded against in the Way of publick Juftice, and no other Way. Fourthly, That Secretary Stair's Letters, efpecially that of the eleventh of January, 1692, in which he rejoices to hear that Glenco had not taken the Oath; and that of the fixteenth of January, of the same Date with the King's additional Instructions, and that of the thirtieth of the fame Month were no Ways warranted by, but quite exceeded the King's aforefaid Inftructions; fince the faid Letters, without any Infinuation of any Method to be taken that might well feparate the Glenco-Men from the rest, did, in Place of prefcribing a Vindication of public Juftice, order them to be cut off and rooted out in earnest, and to purpose, and that fuddenly, and fecretly, and quietly, and all on a fudden; which are the exprefs Terms of the faid Letters; and comparing them and the other Letters with what enfued, appear to have been the only Warrant and Cause of their Slaughter, which in Effect was a barbarous Murder, perpetrated by the Perfons deponed against And this is yet farther confirm'd by two more of his Letters,

written

written to Colonel Hill, after the Slaughter committed, viz. on the fifth of March, 1692, wherein, after having faid that there was much Talk at London, that the Glenco-Men were murdered in their Beds, after they had taken the Allegiance; he continues, "For the laft I know nothing of it; I am fure "neither you, nor any Body impowered to treat or give Indemnity, did "give Glenco the Oath; and to take it from any Body elfe, after the Diet "elapfed, did import nothing at all; all that I regret is, that any of the "Sort got away, and there is a Neceffity to profecute them to the utmost." And an another from the Hague, the last of April, 1692, wherein he says, "For the People of Glenco, when you do your Duty in a Thing so necef"fary, to rid the Country of Thieving, you need not trouble yourself to "take the Pains to vindicate yourself by fhewing all your Orders, which "are now put in the Paris Gazette; when you do Right, you need fear "no-body." All that can be faid is, that in the Execution, it was neither fo full nor fo fair as might have been. And this is their humble Opinion the Commiffioners with all Submiffion return and lay before his Majesty, in Discharge of the forefaid Commiffion.

Sic Subfcribitur, Tweddale, Anandale (now Marquis of Anandale, and Prefident of the Privy Council.) Murray, (now Duke of Athol, and Lord Privy-Seal.) James Stuart, (her Majefty's Advocate.) Adam Cockburn, (late Lord Treasurer Deput.) W. Hamilton, (Lord Whitelaw, one of the Lords of the Seffion.) Ja. Ogilvie, (now Earl of Seafield, and Lord High Chancellor.) A. Drummond.

The Report being agreed on, and fign'd by the Commiffioners, several Members moved in Parliament on the 24th of June, that the faid Report fhould be laid before the Houfe.

Upon which his Majefty's High Commiffioner acquainted the Parliament, That the Report of the Commiffion, for enquiring into the Bufinefs of Glenco, being fent to his Majefty on Thursday laft, he would lay the fame before them, with the Depofitions of the Witneffes, and other Documents relating thereto, for their Satisfaction and full Information; and if they thought fit to make any other Ufe of it, he made no doubt it would be with that Deference and Submiffion to his Majefty's Judgment that becometh fo loyal and zealous a Parliament, in Vindication of the Juftice and Honour of his Majefty's Government.

Then the Report from the Commiffion, for enquiring into the Slaughter of the Glenco-Men, was read, with the Depofitions of the Witneffes, the King's Inftructions, and the Mafter of Stair's Letters for inftructing the faid Report.

After hearing the faid Report, it was voted, Nemine contradicente, That his Majefty's Inftructions of the eleventh and fixteenth Days of January, 1692, touching the Highland Rebels, who did not accept, in due Time, of the Benefit of his Indemnity, did contain a Warrant for Mercy to all, without Exception, who fhould take the Oath of Allegiance, and come in upon Mercy, tho' the first Day of January, 1692, prefix'd by the Procla

mation of Indemnity, was paft; and that therefore these Inftructions contained no Warrant for the Execution of the Glenco-Men, made in February thereafter. Then the Queftion was stated and voted, If the Execution of the Glenco-Men in February, 1692, as it is reprefented to the Parliament, be a Murder or not? and carried in the Affirmative.

Moved, That fince the Parliament has found it a Murder, that it may be inquired into, who were the Occafion of it, and the Perfons guilty and Committers of it, and in what Way and Manner they fhould be profecuted. And after fome Debate thereon, the Method of the faid Prosecution was delayed, and refolved, That this Houfe will again take the fame under Confideration first on Monday next: And the Mafter of Stair's Letters were ordered to be put in the Clerk's Hands, and any Members of Parliament allowed an Inspection thereof.

June 26, 1695. The Inquiry into the Perfons who were the Occafion of the Slaughter of the Glenco-Men was again proponed, and mentioned, that before any farther Procedure in that Affair, there may be an Address sent to his Majefty on what is already paft: And after fome Debate thereon, the Question stated, Proceed farther in the Inquiry before addreffing his Majefty, or address upon what is already paft without any farther Procedure? And carried, Proceed farther before Addrefs.

Thereafter the Question ftated and voted, If they should firft proceed to confider the Mafter of Stair's Letters, or the Actors of the Murder of the Glenco-Men? And carried, Firft to confider the Master of Stair's Letters.

Then the Master of Stair's Letters, with the King's Inftructions to Sir Thomas Livingston, and Col. Hill, and the fourth Article of the Opinion of the Commiffion relating to the Mafter of Stair's Letters, do exceed the King's Commiffion, towards the killing and destroying the Glenco-Men or not? and carried in the Affirmative.

June 28, 1695. The Prefident of Parliament reprefented, That there was a Print difperfed, intituled, Information for the Mafter of Stair, reflecting upon the Commiffion for inquiring into the Slaughter of the Glenco-Men, and arraigning a Vote of Parliament: And therefore moved, That it may be inquired, who was the Author of it, and that both he and the faid Print may be cenfured. Mr. Hugh Dalrymple, Brother to the Master of Stair, a Member of Parliament, acknowledged himself to be the Author, and gave an Account of his Mistakes; protesting that he therein intended no Reflection on the Commiffion, and that the Paper was written before the Vote paft in Parliament, tho' printed and spread thereafter.

Refolved, That firft the Author, and then the Print, be cenfured. And Mr. Hugh was ordered to afk his Grace and the Parliament Pardon; which he did, again declaring, that what was offenfive in that Paper had hap. pened through Mistake.

Thereafter agreed, that the faid Print was falfe and calumnious. And the Question being stated, If the Print fpread abroad amongst the Members of Parliament,

Parliament, intituled, Information for the Mafter of Stair, ought to be condemned as falfe and calumnious, and therefore burnt, or only that the Print fhould be fo marked in the Minutes of Parliament; it carried, that the Print fhould be marked in the Minutes of Parliament to be falfe and calumnious.

Then the Parliament proceeded farther in the Inquiry of the Slaughter of the Glenco-Men. And in the first Place, as to the Orders given by Sir Thomas Livingston, in two of his Letters directed to Lieutenant Colonel Hamilton: And the faid Letters being read, after Debate thereon, it was put to the Vote, Proceed or delay, and carried Proceed.

Then the Question was stated, Whether Sir Thomas Livingston had Reason to give fuch Orders as were contained in these Letters or not, and was carried in the Affirmative, Nemine contradicente.

July 8, 1695. The Parliament having refumed the Inquiry into the Slaughter of the Glenco-Men, and who were the Actors; and in the first Place about Lieutenant-Colonel Hamilton, and that Part of the Report of the Commiffion relating to him, and the Orders he got, and the Orders he faid he gave, with the Depofitions taken before the faid Commiffion; and after fome Debate thereon, the Queftion was ftated and put to the Vote, If from what appears to the Parliament, Lieutenant-Colonel Hamilton be free from the Murder of the Glenco-Men; and whether there be Ground to profecute him for the fame or not? and carried, He was not clear, and that there was Ground to profecute him.

Then the Question was ftated and voted as to Major Duncafon, at prefent in Flanders, If the King should be addreffed, either to caufe him to be examined there about the Orders he received, and his Knowledge of that Matter; or that he be ordered Home to be profecuted therefore, as his Majefty fhall think fit, or no? and carried in the Affirmative.

Then that Part of the Report of the Commiffion, as to Glenlyon, Captain Drummond, Lieutenant or Adjutant Lindsay, Enfign Lundy, and Serjeant Barber, read with the Depofitions of the Witneffes against them; and the Question ftated and voted, If it appeared that the faid Perfons were the Actors of the Murder of the Glenco- Men under Truft; and that his Majesty be addreffed to fend them Home to be profecuted for the fame according to Law, or not? and carried in the Affirmative.

Thereafter voted, If it fhould be remitted to the Committee for the Security of the Kingdom to draw this Addrefs, or a new Committee elected for drawing thereof? and carried Remit.

The Report from the Committee for Security of the Kingdom, in Favour of the Glenco-Men, read, and remitted to the faid Committee, That there be a particular Recommendation of the Petitioner's Cafe to his Majefty brought in by the faid Committee.

July 10, 1695. The Address about the Slaughter of the Glenco-Men to be sent to the King, read, with several of the Mafter of Stair's Lettters to Sir Thomas Living fton and Colonel Hill; and after fome Debate upon the Paragraph touching the Mafter of Stair, it was voted, Approve the Para

graph