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A46076 An impartial account of some of the transactions in Scotland, concerning the Earl of Broadalban, Viscount and Master of Stair, Glenco-men, Bishop of Galloway, and Mr. Duncan Robertson in a letter from a friend. Friend. 1695 (1695) Wing I65; ESTC R15762 20,378 32

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the said Earl should with all his Friends and Followers joyn the Highland Army The said Deposition being read it was moved that the King's Advocate should be ordered to Commence a Process of High Treason against his Lordship and that he in the mean time should be committed Prisoner to the Castle of Edinburgh And 't was pleaded for the Earl that he might have time to deliberate his Answer before Impeachment this being a Surprize to him and doubted not but he would make it appear to the Parliament there was no ground for the Impeachment It was further pleaded for the Earl That Glengary not being summoned by a Judge to come in as a Witness against him and especially considered that he was a Roman Catholick had been in Rebellion against the King and never knew he had submitted to the Government unless done privately at this time and carrying an inveterate Enmity to the Earl's Family he hoped the Parliament would not found a Process of High Treason against him upon his Deposition These Arguments did not prevail It was further pleaded by the Earl That he had an Ample Commission from the King to do in that Affair all that he should think fit for effectuating his Design That as well His Majesty as all the World knew that in such Negotiations there must be Allowances for men Commissioned to go or at least pretend to go great lengths and to yield to such Condescendencies as they find most taking for accomplishing the Design That the Effect and Consequence had justified the Methods he had taken That not only they there sitting and their Constituents at home who suffered most in that unnatural and cruel War but also the Kingdom of England who for its own Safety was obliged to maintain some Regiments here in Scotland yea and all the Confederacy had reaped Advantage by his Conduct in that Treaty many Troops and much Money being now employed against the Common Enemy abroad which that troublesome War had exhausted for several Years here at home That seeing the thing it self was good and advantagious for the Nation he wondered Persons should take Exception against the particular Methods which in Prudence he was obliged to take in carrying it on however that he had made it known to Their Majesties whatever he had said or done in that Affair and had their Approbation since It was alledged that things now Libelled were not then known It was answered that upon a Complaint given against the Earl for these very things he is now accused of His Majesty recommended to the Privy-Council here to make Enquiry into the matter which was done accordingly and transmitted to the King that the minutes of Council would clearly shew the same and desired that the minutes might be called for but the Parliament did not think fit to call for them The Earl of Melvil then Secretary of State and now Lord Privy-Seal 't is said rose up and avouched the truth of what had been said and asserted that the Precognition taken bo the Council was upon a Complaint if not in the same words yet at at least to same purpose with what was contained in Glengary's Depositions was sent by the Council to him as Secretary of State then That he shewed it to the Queen the King being then in Flanders who kept it a whole Night by her that the next day he transmitted it to the King who he knew by the Returns he got from Flanders received and perused it The Duke of Queensbury did declare likewise that it consisted with his knowledge that His Majesty received the same he being then in Flanders with the King and heard his Majesty Discourse of the matter very often Upon this some Person moved That seeing His Majesty had taken the Earl's Behaviour to his own Consideration and had been informed of all the Methods of his Proceedings in the matter and had shewn a satisfaction with the Earl's Conduct by preferring him at that time to several Places of Honour and Trust The Parliament would please not to proceed in an Affair of such Importance against one of His Majesty's Ministers of State until he was first acquainted with it But this being refused it was desired in behalf of the Earl they would delay their Proceedings at least until the next Meeting but it was voted and carried that the King's Advocate proceeded immediately against him and an Order of Parliament was signed for Committing him to the Castle where his Lordship was carried immediately after the rising of the Parliament The Lord Advocate sent him a Copy of his Indictment and he was ordered to give in his Answer thereto by the First of July instant Upon the First instant the Earl desired an Exculpation which was granted to him Upon Adjourning of the Parliament to the Seventh of November next the Prosecution of the Earl is delayed till that time As for the matter of the Glenco-men made so much ado we are something in the dark as yet nor will I meddle to speak much less to write of any Point the Parliament have Voted only the Historical part of that matter is this That when the Earl of Broadalban did undertake to cause the Highlanders to lay down their Arms give over Hostility and to give Passive Obedience to the present Government by taking of the Oaths which was very well done whoever did it before they laid down their Arms there were two or three Indemnities issued forth by His Majesty encouraging them to come in and they did come all in by the prefixed Diet in the last Indemnity except the Glenco-men who it seems finding themselves without Help or Support by the other Chieftains and Clans coming in Old Mac Kean of Glenco himself only as I am informed as ad aram ultimam went to and prevailed with Campbel of Ardkinglass Sheriff-Deputy of Argile-shire a very worthy honest Gentlemen and formerly a great Sufferer six days after the Diet was elapsed who received him and Mac Kean took the Oaths though at the same time it was and is still the Opinion of many good men that to confide in these men or to bring them to Conformity to the Government were Penelope's telam texere Nor did the taking of the Oaths after the Diet prefixt was elapsed save or protect them or him from the lash of the Law not having come in in the terms of the Law the mercy tendered in the Indemnity being Conditional in case they came in and submitted before or upon such a day but was a ground for mercy and mollification of the rigour of the Law supposing him or them to have taken the Oaths bono animo and upon true Repentance I do not hear the rest of his Followers came in and took the Oaths judging it 's like he and they were safe by his only taking of the Oaths though post meridiem diei The Court it seems not knowing of these Transactions at a great distance of Four or Five Hundred Miles and being informed