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graph as brought in from the Committee, or as offered with Amendments ? it carried, Approve as brought in from the Committee. Thereafter the whole Address was put to the Vote, and approved as follows.
The Address of the Noblemen, Barons, and Boroughs in Parliament,
humbly presented to his most facred Majesty upon the Discovery communicated to them, touching the Murder of the Glenco-Men, in February, 1692.
W E your Majesty's most loyal and dutiful Subjects, the Noblemen, 5 V Barons, and Boroughs assembled in Parliament, do humbly
represent to your Majesty, that in the Beginning of this Session, we " thought it our Duty, for the more folemn and publick Vindication of the
« Honour and Justice of the Government, to enquire into the barbarous 1.66 Slaughter committed in Glenco, February, 1692 ; which has made so much co Noise both in this Kingdom, and your Majesty's other Dominions; but " we being informed by your Majesty's Commissioner, that we were pre66 vented in this Matter by a Commission under the Great Seal for the same 6Purpose, we did, upon the reading of the said Commission, unanimously " acquiesce to your Majesty's Pleasure, and returned our humble 15 Acknowledgments for your Royal Care in granting the same ; and we " only desired that the Discoveries to be made should be communicated to " us, to the End, that we mighe add our Zeal to your Majesty's for 66 prosecuting such Discoveries, and that in so Nacional a Concern, che
Vindication might be also publick as the Reproach and Scandal had been ; " and principally that we, for whom it was most proper, might testify to " the World how clear your Majesty's Justice is in all this Matter,
" And now your Majesty's Commissioner, upon our repeated Instances, 56 communicated to us a Copy of the Report transmitted by the Commission “ to your Majesty, with your Majesty's Instructions, the Master of Stair's “ Letter, the Orders given by the Officers, and the Deposition, of the * Witnesses relating to that Report ; and the fame being read and compared, " we could not but unanimously declare, that your Majesty's Instructions of " the 7th and 16th of January, 1692, touching the Highlanders who had « not accepted in due Time the Benefit of the Indemnity, did contain a
Warrant for Mercy to all without Exception, who should offer to take so the Oath of Allegiance, and come in upon Mercy, tho' the first of " January, 1692, prefixed by the Proclamation of Indemnity, was past; and " that these Instructions contain no Warrant for the Execution of the " Glenco-Men, made in February thereafter. And here we cannot but $ acknowledge your Majesty's signal Clemency, upon this Occasion, as well as as in the whole Tract of your Government over us ; for had your Majesty, 4 without new Offers of Mercy, given positive Orders for the executing the
“the Oath of Mercy to all without Except the Indemnity, did.
« Law upon the Highlanders, that had already despised your repeated
Indemnities, they had but met with what they justly deseryed. .“ But it being your Majesty's Mind, according to your usual Clemency, “ still to offer them Mercy, and the killing of the Glenco-Men being upon «. that Account unwarrantable, as well as the Manner of doing it being “ barbarous and inhuman, we proceeded to vote the killing of them a 66 Murder, and to enquire who had given Occasion to it, and were the 66 Actors in it.
" We found in the first Place that the Master of Stair's Letters had " exceeded your Majesty's Instructions towards the killing and Destruction rs of the Glenco-Men; this appeared by the comparing the Instructions and « Letters,, whereof the just attested Duplicates are herewith transmitted, in " which Letters the Glenco-Men are over and again distinguished from the “ rest of the Highlanders, not as the fittest Subject of Severity, in Case « they continue obftinate, and made Severity necessary according to the " Meaning of the Instructions; but as Men absolutely and positively ordered or to be destroyed, without any further Consideration than that of their not 56 having taken the Indemnity in due Time ; and their not having taken it “ is valued as a happy Incident, since it afforded an Opportunity to destroy “ them ; and the destroying of them is urged with a great deal of Zeal, as “ a Thing acceptable, and of publick Use; and this Zeal is extended, even s to the giving of Directions about the Manner of cutting them off. From 66 all which it is plain, that cho' the Instructions be for Mercy to assist all " that will submit, tho' the Day of Indemnity was elapsed, yet the Letters " do exclude the Glenco-Men from this Mercy.
" In the next Place, we examined the Orders given by Sir Thomas « Livingston in this Matter, and were unanimously of Opinion, that he had “ Reason to give such Orders for cutting off the Glenco-Men, upon the 6. Supposition that they had rejected the. Indemnity, and without making 5 them new Offers of Mercy, being a Thing in itself lawful, which your " Majesty might have ordered ; but it appearing, that Sir Thomas was then « ignorant of the peculiar Circumstances of the Glenco-Men, he might very “ well understand your Majesty's Instructions in the restricted Sense, which " the Master of Stair's Letters had given them, or understand the Master of so Stair's Letters to be your Majesty's additional Pleasure, as it is evident he “ did, by the Orders which he gave, where any Addition that is to be found us in them to your Majesty's Instructions is given, not only in the Master of 66 Stair's Sense, but in his Words.
" We proceeded to examine Colonel Hill's Part of the Business, and were
unanimous that he was clear and free of the Slaughter of the Glenco-Men ; < for tho' your Majesty's Instructions and the Master of Stair's Letters
were sent straight from London to him, as well as to Sir Thomas Livingston, yet he, knowing the peculiar Circumstances of the Glenco-Men, shunned to execute them, and gave no Orders in the Matcer, till such Time as knowing that his Lieutenant-Colonel had received Qrders to take with him
56 400 *6 400 Mer of his Garrison and Regiment; he, who to save his own “ Honour and Authority, gave à general Order to Hamilton, his “ Lieutenant-Colonel, to take the 400 Men, and to put to due Execution as the Orders which others had given him.
“ Lieuter.ant-Colonel Hamilton's Part came next to be considered, and " he being required to be present, and called, and not appearing, we ordered “ him to be denounced, and to be seized on wherever he could be found; " and having considered the Orders that he received, and the Orders which "" he said before the Commission he gave, and his Share in the Execution,
we agreed, that from what appeared, he was not clear of the Murder of & the Glenco-Men, and that there was Ground to prosecute him for it.
16 Major Duncanson, who received Orders from Hamilton, being in Flanders, "as well as those to whom he gave Order's, we could not see these Orders, " and therefore we only resolved about him, that we should address “ your Majesty, either to cause him to be examined there in Flanders about « the Orders he received, and his Knowledge of that Affair, or to order “ him Home to be prosecuted therefore, as your Majesty shall think fit.
" In the last Place, the Depositions of the Witnesses being clear, as to the « Share which Captain Campbel of Gleniyon, Captain Drummond, Lieutenant « Lindsay, Ensign Lundie, and Serjeant Barber had in the Execution of the “ Glenco-Men, upon whom they were quartered ; we agreed, that it appeared or that the said Persons were the Actors in the Slaughter of the Glenco-Men " under trust, and that we should address your Majesty to send them « Home to be prosecuted for the same according to Law."
" This being the State of that whole Matter as it lies before us, and “ which, together with the Report transmitted to your Majesty by the Com46 missioner, (and which we saw verified) gives full Light to it. We humbly “ beg, that considering that the Master of Stair's Excess in his Letters co against the Glenco-Men has been the original Cause of this unhappy · Business, and hath given Occasion in a great Measure to so extraordinary " an Execution, by the warm Directions he gives about doing it by Way of « Surprise, and considering the high Station and Trust he is in, and that “ he is absent, we do therefore beg that your Majesty will give such “ Orders about him, for Vindication of your Government, as you in your " Royal Wisdom shall think fit.
“ And likewise considering that the Actors have barbarously killed Men « under Trust, we humbly desire your Majesty would be pleased to fend the “ Actors Home, and to give Orders to your Advocate to prosecute them “6 according to Law ; 'there remaining nothing else to be done for the full • Vindication of your Government of so foul and scandalous an Aspersion, " as it has lain under upon this Occasion.
" We shall only add, that the Remains of the Glepio-Men, who escaped " the Slaughter, being reduced to great Poverty by the Depredation and • Vastation that was then committed upon them, and having ever since liv'a W peaceably under your Majesty's Protection, have now applied to us, that
& we might interceed with your Majesty, that some Reparation may be 66 made them for their Losses. We do humbly lay their Case before your $Majefty, as worthy of your Royal Charity and Compassion, that such " Orders may be given for supplying them in their NecesGities as your vs Majesty shall think fit.
" And this the most humble Address of the Estates of Parliament is, < by their Order and Warrant, and in their Name, subscribed by,"
May it please your Majesty,
And most faithful Subje& and Servant,
Anandale, P. P.
Then it was recommended to his Majesty's Commissioner, to transmit to the King the faid Address, with Duplicates of the King's Instructions, and of the Master of Stair's Letters.
Moved, That his Majesty's Commissioner have the Thanks of the Parliament for laying the Discovery made of the Matter of Glenco before them, and that the Commissioners have the like for their careful Procedure therein ; which being put to the Vote, Apprové or not, carried in the Affirmative, Nemine Contradicente ; which his Majesty's Commisioner accepted of.
It is said that some of the Persons did get a Remission from King William, concerning which it is to be observed first, that the taking of a Remission is a tacit acknowledging of the Crime, and taking upon them the Guilt ; next, that any such Remission is null and void, and will not defend them, because it did not proceed upon Letters of Slains e, nor is there any Aprbmentb made to the nearest of Kin. It being expreflý provided by the 136, A& Par. 8 Jac. the 6th, that Remissions are pull, unless the Party be aliibeds, and by 157 Aet Par. 12 Jac. 6. And it is farther to be observed from that Act, that albeit, Refpites and Remiffions had been formerly granted for several enormous Crimes, yet the Defendants were ordained to be criminally persued, notwithstanding of the same; and the faid Act is ratified by the 173 A& Par. 13 Jac. the 6th, against the granting of Remissions and Respites to the Committers of Murder, Slaughter, and other atrocious Crimes therein
entioned, where there are not sufficient Letters of Slains thewn, and that no Respite or Remission be admitted in Judgment, except the fame be compounded with the Treasurer, and subscribed by him, at least past his Register : And AER 178, it is provided, that no Respite or Remision be granted for Slaughter, until the Party Skaithed d be first satisfied; and if any Respite or Remission shall happen to be granted before the Party grieved be first satisfied, the same shall be null, by Way of Exception, or Reply without any further Declarator. nie. Witnessing that the Party wronged has received Satisfaction. Satisfaction.
sued, notwithstas yet the Defendantsad been formerly gran
Thirdly, · Thirdly, It is to be observed, that the Parliament having declared, that the killing of the Glenco-Men was a Murder under Trust; it is clear by the 51 AEt Par. 11. Jac. 6, that Murder and Slaughter of a Person under Trust, Credit, Assurance and Power of the Slayer, is Treason; so that by the said Act, these that had Accession to, or were any Ways Airt and Parta of the Slaughter of the Glenco-Men, are guilty of Treason.
P. S. Sir, I have nothing further to add concerning this Matter, but that I thought it needless to trouble you with the Copies of the King's Orders, the now Viscount of Stair's Letters, and the Depositions, because every Thing in them, that is probative of the Point in Question, is fairly narrated in the Report of the Commission, but if you think them necessary, I will send them to you upon Notice: But for my Part, I don't think them necessary to be inserted, for repeating Things needlessly does but weary the Reader.
You know that there never was any Prosecution against any of those Perfons charged with this barbarous Murder, but that on the contrary, by the Advice of fome, who were then about his Majesty, several of the Officers were preferr'd, and the whole Matter Nurr'd over; so that the crying Guile of this Blood must lie upon them, and not upon the Nation, since the Par, liament could do no more in it without occasioning greater Bloodshed than that they complain of.
You know likewise, that by the Influence of the same Persons, this Report was suppressed in King William's Time, tho his Majesty's Honour requir'd that it should have been published.
The Case of the Commons of that Part of Great Britain
formerly called Scotland, with Respečž to the Election of their Representatives and Members to Parliament.
A Ntiently the Parliament of Scotland was an Assembly,
where all that held of the King were bound to attend him, which was expressed by their being bound to give Suit and Pre
sence ; and the Forms of Parliaments having grown into some Ja. IA Parl. Disuse, during the Minority and Imprisonment of King James the 3. cap. 52. First of Scoiland, there was an Act made in that Reign, requi
ring the personal Attendance of all that were bound to it.
But in the seventh Parliament held in that Reign, "Anno 1427, the small Barons were allowed to send Commissaries, and were