graph as brought in from the Committee, or as offered with Amendments ? it carried, Approve as brought in from the Committee. Thereafter the whole Addrefs was put to the Vote, and approved as follows.

The Addrefs of the Noblemen, Barons, and Boroughs in Parliament, bumbly prefented to his most facred Majefty upon the Discovery communicated to them, touching the Murder of the Glenco-Men, in February, 1692.

"WE your Majesty's most loyal and dutiful Subjects, the Noblemen,

1.66

Barons, and Boroughs affembled in Parliament, do humbly reprefent to your Majefty, that in the Beginning of this Seffion, 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 Slaughter committed in Glenco, February, 1692; which has made so much "Noife both in this Kingdom, and your Majefty's other Dominions; but "we being informed by your Majefty's Commiffioner, that we were pre"vented in this Matter by a Commiffion under the Great Seal for the fame Purpose, we did, upon the reading of the faid Commission, unanimously acquiefce to your Majefty's Pleasure, and returned our humble "Acknowledgments for your Royal Care in granting the fame; and we "only defired that the Discoveries to be made fhould be communicated to "us, to the End, that we might add our Zeal to your Majefty's for "profecuting fuch Discoveries, and that in fo National a Concern, the "Vindication might be alfo 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 Majefty's Juftice is in all this Matter.

"And now your Majefty's Commiffioner, upon our repeated Inftances, "communicated to us a Copy of the Report tranfmitted by the Commiffion "to your Majefty, with your Majefty's Inftructions, the Mafter of Stair's "Letter, the Orders given by the Officers, and the Depofition, of the "Witnesses relating to that Report; and the fame being read and compared, "we could not but unanimously declare, that your Majefty's Inftructions 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 fhould offer to take "the Oath of Allegiance, and come in upon Mercy, tho' the first of January, 1692, prefixed by the Proclamation of Indemnity, was paft; and "that these Inftructions contain no Warrant for the Execution of the Glenco-Men, made in February thereafter. And here we cannot but acknowledge your Majefty's fignal Clemency upon this Occafion, as well as in the whole Tract of your Government over us; for had your Majefty, without new Offers of Mercy, given pofitive Orders for the executing the

"Law

Fourth Collection of T R A C T S. "Law upon the Highlanders, that had already defpifed your repeated "Indemnities, they had but met with what they juftly deferyed.

"But it being your Majefty's Mind, according to your ufual Clemency, "ftill 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 "Murder, and to enquire who had given Occafion to it, and were the "Actors in it.

"We found in the first Place that the Mafter of Stair's Letters had "exceeded your Majesty's Inftructions towards the killing and Destruction "of the Glenco-Men; this appeared by the comparing the Inftructions and "Letters, whereof the juft attefted Duplicates are herewith tranfmitted, in "which Letters the Glenco-Men are over and again diftinguished from the "reft of the Highlanders, not as the fitteft Subject of Severity, in Cafe "they continue obftinate, and made Severity neceffary according to the "Meaning of the Inftructions; but as Men abfolutely and pofitively ordered "to be destroyed, without any further Confideration than that of their not "having taken the Indemnity in due Time; and their not having taken it "is valued as a happy Incident, fince it afforded an Opportunity to destroy "them; and the deftroying of them is urged with a great deal of Zeal, as "a Thing acceptable, and of publick Ufe; and this Zeal is extended, even "to the giving of Directions about the Manner of cutting them off. From "all which it is plain, that tho' the Inftructions be for Mercy to affift all "that will submit, tho' the Day of Indemnity was elapfed, 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 "Reafon to give fuch Orders for cutting off the Glenco-Men, upon the "Suppofition that they had rejected the Indemnity, and without making "them new Offers of Mercy, being a Thing in itself lawful, which your "Majefty 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 Majefty's Inftructions in the restricted Senfe, which "the Master of Stair's Letters had given them, or understand the Master of "Stair's Letters to be your Majesty's additional Pleafure, as it is evident he "did, by the Orders which he gave, where any Addition that is to be found "in them to your Majesty's Inftructions is given, not only in the Master of "Stair's Senfe, but in his Words.

"We proceeded to examine Colonel Hill's Part of the Bufinefs, and were "unanimous that he was clear and free of the Slaughter of the Glenco-Men ; "for tho' your Majefty's Inftructions and the Mafter of Stair's Letters. "were fent ftraight from London to him, as well as to Sir Thomas Livingston, "yet he, knowing the peculiar Circumftances of the Glenco-Men, fhunned to: "execute them, and gave no Orders in the Matter, till fuch Time as knowing that his Lieutenant-Colonel had received Orders to take with him

"400 Men of his Garrifon and Regiment; he, who to fave his own "Honour and Authority, gave a general Order to Hamilton, his "Lieutenant-Colonel, to take the 400 Men, and to put to due Execution "the Orders which others had given him.

"Lieutenant-Colonel Hamilton's Part came next to be confidered, and "he being required to be present, and called, and not appearing, we ordered "him to be denounced, and to be feized on wherever he could be found; "and having confidered the Orders that he received, and the Orders which "he faid before the Commiffion 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 profecute him for it.

"Major Duncanson, who received Orders from Hamilton, being in Flanders, 66 as well as those to whom he gave Orders, we could not fee thefe Orders, "and therefore we only refolved about him, that we fhould addrefs

your Majefty, 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 profecuted therefore, as your Majefty fhall think fit.

"In the laft Place, the Depofitions of the Witneffes being clear, as to the "Share which Captain Campbel of Glenlyon, Captain Drummond, Lieutenant "Lindsay, Enfign Lundie, and Serjeant Barber had in the Execution of the "Glenco-Men, upon whom they were quartered; we agreed, that it appeared

that the faid Perfons were the Actors in the Slaughter of the Glenco-Men “under truft, and that we fhould address your Majefty to fend them "Home to be profecuted for the fame 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 Majefty by the Commiffioner, (and which we faw verified) gives full Light to it. We humbly beg, that confidering that the Mafter of Stair's Excefs in his Letters against the Glenco-Men has been the original Caufe of this unhappy "Bufinefs, and hath given Occafion in a great Measure to fo extraordinary "an Execution, by the warm Directions he gives about doing it by Way of

Surprife, and confidering the high Station and Truft he is in, and that "he is abfent, we do therefore beg that your Majefty will give fuch "Orders about him, for Vindication of your Government, as you in your "Royal Wisdom shall think fit.

"And likewife confidering that the Actors have barbaroufly killed Men "under Truft, we humbly defire your Majefty would be pleafed to fend the "Actors Home, and to give Orders to your Advocate to profecute them according to Law; 'there remaining nothing elfe to be done for the full "Vindication of your Government of fo foul and fcandalous an Afperfion, ર as it has lain under upon this Occafion.

"We shall only add, that the Remains of the Glenco-Men, who efcaped "the Slaughter, being reduced to great Poverty by the Depredation and "Vaftation that was then committed upon them, and having ever fince liv'd peaceably under your Majefty's Protection, have now applied to us, that

"we

we might interceed with your Majefty, that fome Reparation may be "made them for their Loffes. We do humbly lay their Cafe before your

Majefty, as worthy of your Royal Charity and Compaffion, that fuch "Orders may be given for fupplying them in their Neceflities as your "Majefty fhall think fit.

"And this the most humble Addrefs of the Eftates of Parliament is, "by their Order and Warrant, and in their Name, fubfcribed by,"

May it pleafe your Majesty,

July 10, 1695. This Ad

drefs voted and approven.

Your Majesty's most bumble, most obedient,

And most faithful Subject and Servant,

Anandale, P. P.

Then it was recommended to his Majefty's Commiffioner, to transmit to the King the faid Addrefs, with Duplicates of the King's Inftructions, and of the Master of Stair's Letters.

Moved, That his Majefty's Commiffioner have the Thanks of the Parliament for laying the Discovery made of the Matter of Glenco before them, and that the Commiffioners have the like for their careful Procedure therein; which being put to the Vote, Approve or not, carried in the Affirmative, Nemine Contradicente; which his Majesty's Commiffioner accepted of.

It is faid that fome of the Perfons did get a Remiffion from King William, concerning which it is to be observed first, that the taking of a Remiffion is a tacit acknowledging of the Crime, and taking upon them the Guilt; next, that any fuch Remiffion is null and void, and will not defend them, because it did not proceed upon Letters of Slains, nor is there any Affithment' made to the nearest of Kin. It being exprefly provided by the 136, 48 Par. 8 Jac. the 6th, that Remiffions are null, unless the Party be affithed, and by 157 At Par. 12 Fac. 6. And it is farther to be obferved from that Act, that albeit, Refpites and Remiffions had been formerly granted for several enormous Crimes, yet the Defendants were ordained to be criminally perfued, notwithstanding of the fame; and the faid Act is ratified by the 173 A Par. 13 Jac. the 6th, against the granting of Remiffions and Refpites to the Committers of Murder, Slaughter, and other atrocious Crimes therein mentioned, where there are not fufficient Letters of Slains fhewn, and that no Refpite or Remiffion be admitted in Judgment, except the fame be compounded with the Treasurer, and fubfcribed by him, at leaft paft his Register: And 4 178, it is provided, that no Refpite or Remiffion be granted for Slaughter, until the Party kaithed be firft fatisfied; and if any Refpite or Remiffion fhall happen to be granted before the Party grieved be first fatisfied, the fame fhall be null, by Way of Exception, or Reply without any further Declarator.

d

ai. e. Witneffing that the Party wronged has received Satisfaction.

• Satisfy'd.

• Damaged.

L 2

b Satisfaction.

Thirdly,

Thirdly, It is to be observed, that the Parliament having declared, that the killing of the Glenco-Men was a Murder under Truft; it is clear by the 51 At Par. 11. Jac. 6, that Murder and Slaughter of a Perfon under Truft, Credit, Affurance and Power of the Slayer, is Treafon; fo that by the faid A&t, these that had Acceffion to, or were any Ways Airt and Part of the Slaughter of the Glenco-Men, are guilty of Treafon.

P. S. Sir, I have nothing further to add concerning this Matter, but that I thought it needlefs to trouble you with the Copies of the King's Orders, the now Viscount of Stair's Letters, and the Depofitions, because every Thing in them, that is probative of the Point in Question, is fairly narrated in the Report of the Commiffion, but if you think them neceffary, I will fend them to you upon Notice: But for my Part, I don't think them neceffary to be inferted, for repeating Things needlefsly does but weary the Reader.

You know that there never was any Profecution against any of thofe Perfons charged with this barbarous Murder, but that on the contrary, by the Advice of fome, who were then about his Majefty, feveral of the Officers were preferr'd, and the whole Matter flurr'd over; fo that the crying Guilt of this Blood muft lie upon them, and not upon the Nation, fince the Parliament could do no more in it without occafioning greater Bloodshed than that they complain of.

You know likewise, that by the Influence of the fame Perfons, this Report was fuppreffed in King William's Time, tho' his Majefty's Honour requir'd that it should have been published.

The Cafe of the Commons of that Part of Great Britain formerly called Scotland, with Refpect to the Election of their Reprefentatives and Members to Parliament:

Ja. 1ft Parl. 3. cap. 52.

A

Ntiently the Parliament of Scotland was an Affembly, where all that held of the King were bound to attend him, which was expreffed by their being bound to give Suit and Prefence; and the Forms of Parliaments having grown into fome Difufe, during the Minority and Imprifonment of King James the First of Scotland, there was an Act made in that Reign, requiring the perfonal Attendance of all that were bound to it.

But in the feventh Parliament held in that Reign, Anno 1427, the fmall Barons were allowed to fend Commiffaries, and were

Concern'd in.

charged