and he was advanced to be President of the Session Upon this step some envied him The Lord President was sent for to Court in March 1676. to have some differences composed when he was offered to be Chancellour which he declined But seeing great Men turning into Factions and fearing the thing which came afterwards to pass intend to go abroad and to desert the Bench In Winter 1679. The Duke of York being sent to Scotland 't was thought by advice of the Duke of Lauderdale for his Safety the President would not adjourn the Session to meet him upon the Road towards Edinburg in Procession with all the Lords of Session as was expected and as most of the Nobility and Gentry of Scotland did giving for his reason in his Speech when he and the rest of the Lords of Session went in their formalities to wait upon the Duke as a Prince of the Blood at the King's Palace of Holyroodhouse the next day after his arrival that the Session could not adjourn themselves being a Constituted Soveraign Court instituted by King and Parliament without the King and Parliament which gave offence as did also another Expression in his said Speech against Popery and Bigotry the Duke then mask'd and not going publickly to Mass In the Spring 1681. the Duke of Rothes Chancellor dying when there was a Commission given by King Charles to the Duke of York to be his High Commissioner for Scotland 't was mightily talked then that the Lord President would be made Chancellor But in that Parliament 1681. the designing Party of the Nobility and Clergy flattering the Duke of York that all would be as he wished matters lookt with a very bad aspect the President could expect no good Yet as God said to the Prophet that there were 7000 in Israel who had not bowed their Knees to Baal there was some of the Clergy many of the Nobility and most of the Gentry who did fore-see the Torrent they laid aside their Private Heats and Emulations joined Hands to stop the Current and by Plurality of Votes though some things did pass current in that Parliament before that time would have been prevented if some Men had not been lull'd asleep they did stop more mischief For the President had drawn up a Test for preservation of Religion Liberty and Property too long to be inserted here made a Speech in Parliament to that purpose and though seconded by very many was thrown out but some of the then Court-Party drew up another Test to their purpose which was carried the very next Morning into the Articles and past current there At the Meeting of the Parliament that Morning the Court Test was presented and read whereupon the Duke of Hamilton the Earl of Argile Haddington c. The Bishop of Dunkell Bruce the Lord Stair President Sir George Lockhart Sir John Cunningham and many others of the several States stood up to oppose the said Test but would not do and all they could gain by the Arguments used was to get the Confession of Faith made concerning the Protestant Religion mentioned in King James the Sixth's Acts of Parliament insert in their Test The inserting of which Confession of Faith the Intriguing Party then not understanding the thing being fond to pass their own Test with any quality without Examination was the very thing made some of the Bishops Nobility and Gentry stand firm against taking away the Penal Laws in the Parliament 1686. They and all the Members of that Parliament having taken the said Test But when the Bishops and others of the then Court-Party after the Adjourning of the Parliament that Evening had met together and considered what they had done in Voting the said Whiggish Confession of Faith as they called it then and procured the Royal Assent thereto went in a Body to the Duke of York and exclaimed against the Lord Stair President as the only Man who had wheedled them in the matter by surprize but were told the thing could not be helped then being it was past the Royal Assent but that the Contrivers should be Animadverted upon and in some few days that Parliament being adjourned and the President in disgrace he retired to the Country sent his Son Sir John Dalrymple now Master of Stair to the Duke to signifie that seeing his Father was not pleasing to his Royal Highness he intended to go to Court and give up his Commission to the King his Master who gave it to him Upon the Delivery of which Message the Duke of York being surprized dispatched Coll. Graham then his Privy Purse Post to the King to give Account of the Lord President 's Behaviour which was the occasion the President had no Access to the King when he went to Court but the King desired to tell him that he might live at home privately under his Protection Upon which Assurance he went to his Country House in Scotland did not live there long without an Alarm which obliged him to repair privately to Edinburgh to advise his Safety nor was he long there when there was a Warrant to seize him upon which he went incognito to Holland For certainly his Fate had been the same which was the late Argile's if he had staid at home when in Holland there were Ruffians sent to seize him but by Providence made his escape to corners diverting himself there with the Conversation of the Schoolmen and Scholars of the two Famous Universities of Leyden and Vtricht and then writ a System of Natural Philosophy His Lady was harrass'd and forced to fly to Holland also His Houses made a Receptacle of Souldiers His Heritable Office taken from him and his Tenants spoiled The then Government raised Process of Treason several times against him But they could not reach his Estate by all the stretches of Law were made In the Year 1687. King James sent him a Remission to Holland which he slighted judging himself guilty of no Crime deserving a Remission and being safe under the Protection of the Prince of Orange and the States of Holland rested satisfied In November 1688. He the said President came over with the Prince of Orange now our Gracious King His Majesty being pleased to communicate his Resolutions to him as a Man fit to give and keep Counsel Sir George Lockhart being President of the Session when the King came over but being unfortunately murdered in March 1689. by a base Ruffian for pronouncing an Unjust Sentence against him as he alledged though no such thing my Lord Stair was re-established in the President 's Chair again In the Year 1690. he is created Viscount of Stair Lord Dalrymple and Glenluce And though this hath been an Age where meaner Men were ashamed to serve God in their Families I will add this one good Quality more to him that he besides his Private Devotion was never a day in the worst of Times but he read the Scripture and prayed himself twice in his Family were there never so
great or many strangers present which might be a Reflection in these days but I hope not now and to tell the truth I dare give no worse Character of him As for his Behaviour in Matters of State these are Matters I do not meddle with let him put his misbehaviour in Publick who will venture to do it if they can but I judge it will puzzle any to do it and Rational Men will Judge that he who Rules his Family best at home is the fittest to Rule in Publick and I pray God long may such Men Rule amongst us I will not say but the Lord Viscount Stair is envied by some People for his Parts and growing Greatness but that should be no Argument with Rational good Men being that mens Vertues ought not to be accounted their Crimes And I believe he may say in his Old Age Whose Ox or whose Asse have I taken The Master of Stair is the foresaid Viscount's Eldest Son liberally Educated and bred to the Law being upon his Travels in the time of the Dutch War he and one Ramsay Son of Sir Andrew Ramsay of Abbots-Hall being intimate Companions happened to be at Chatham and as I am informed preserved one of the King's Men of War from being blown up by the Dutch with the hazard of their own Lives for which brave Action when they were but very young King Charles Knighted them before he knew who they were thus I heard it In the Year 1672. Sir John was admitted after his Tryals to be an Advocate which Employ he followed for several Years being of the first Rank In the Year 1683. when the said Viscount his Father was forc'd to abscond in Holland as is said before the Laird of Claverhouse afterwards Viscount Dundee having the Command of the Army which was sent to the West Country to Spoil and Dragoon the Dissenting Party not without our Scots Bishops consent did attempt to possess himself of the Office of the Baily of Regality of the Lordship of Glenluce which did Heritably belong to the said Sir John and the Viscount of Stair his Father Sir John now Master of Stair by Creation of his Father Lord Baron and Peer of the Realm did oppose the Lord Dundee and beat him off for which he was convened before the Council and fined in 500l which he paid In the Year 1684. The said Master was seized at his own house when his Lady was just to lye in and made Prisoner being suspected it seems by the then Government to have Correspondence from Holland and to have carried on intrigues against the Government and being brought to Edinburgh was carried from the Palace of Holyrood-house where he was examined by the Ministers of State as a Trophe it seems to disgrace him between the common Soldiers along the publick Streets to the common Prison more than half a Miles distance was kept close Prisoner there for several Months not knowing for what Crime but as himself then said for the Original sin of the Father At last after many Petitions he had the favour granted him by the Council to be enlarged to the Castle Prison where he lay a long time till the Government was ashamed they could not fix a Crime upon him set him at Liberty In the Year 1687. there being none of the Advocates but these who were advanced to be Lords of the Session for their then Zeal and Loyalty to the Cause in hand fit to be the King's Advocate the Court hoping to gain him to their Party and to wheedle his Father over from Holland made the Master King's Advocate that being the time of the Toleration and during a whole year he continued King's Advocate there was none Prosecuted to death but one Man upon the score of Nonconformity The Court perceiving the Master's behaviour in that Post that year and intending to take another course by the Dispensing Power and finding him not to be a fit tool for their purpose brought in Sir George Mckhenzie again to be King's Advocate and they degraded the Master to be Justice Clerk then they found out he was the Man saved the Bishop of Ross in Anno 1686. by advising him to appeal from the Bishops Court to the Parliament Upon the Revolution the Earl of Perth then Chancellor fearing the just indignation of the enraged Mob taking his flight the said Master and some others of the Privy Councellors taking care first of keeping things in order and distributing so far as was then in their power the Government in the best hands went up to wait upon the Prince of Orange in December 1688. concurred in making the address to the Prince for taking on the Administration of the Government assisted in the Convention 1689. as a chosen Member thereof was the Man chiefly with the indefatigable pains and endeavours of the late Duke of Hamilton chosen President of the Convention who concerted the Resolution and stated the vote of forfeiting King James and Proclaiming his Majesty and the late Queen King and Queen of Scotland The Master of Stair in conjunction with the Earl of Argile and Sir James Montgomry were voted and sent up Commissioners from the Three Estates of Scotland to make offer of the Crown to their Majesties when our Gracious King was pleased to make the Master his Advocate again and Lord Melvil Secretary of State c. The foresaid Convention being turned into a Parliament The Duke of Hamilton made Lord High Commissioner some People who pretended great matters for Religion Liberty and Property being displeased it seems that they were not advanced instantly to some places of high dignity and trust in the Government recoiled And then it was that we unhappily turned into Parties which put the Subjects in a ferment made our Proceedings uneasie ever since at home and makes the King's Affairs sometimes to be retarded both here and abroad thus by our Divisions giving too much encouragement to the disaffected Party In the Winter 1690. The Master of Stair was advanced to be conjunct Secretary of State with the Earl of Melvil who upon the Revolution was made sole Secretary of State for Scotland as aforesaid which he did merit as formerly a great Sufferer and always a true common weals Man In the year 1692. Mr. James Johnson was made Conjunct Secretary of State with the Master of Stair and the Earl of Melvil sent to Scotland to be Lord Privy Seal And as to these Three Persons they continue in the same Stations and Offices still The Earl of Broadalban who was formerly called Sir John Campbell of Glenorchy an ancient family in the Highlands a Cadent of the family of Argile when he married the late Earl of Argile's Sister Countess Dowager of the late Earl of Caithnes who died without issue Male he the said Sir John was created Earl of Caithnes in the year 1677. or 1678. and brought several debts upon the Earldom of Caithnes and made use of force to possess himself of the Estate which
created him Enemies afterwards an Heir Male and of Tail appearing to the deceased Earl of Caithnes he the said Sir John Campbell took a new Patent to be Earl of Brodalban In the year 1677. by order of Council he sent a double Regiment of his Tenants and Vassals in conjunction with the Marquis of Athol Earl of Perth and several other Noblemen and Gentlemen to the West Country which was then called the Highland Host there was a Commission of the Council sent along with them to try the Dissenters this created the Earl of Broadalban Enemies also Upon the Revolution he stood out but being convinced of his errour as to the alteration from that of Arbitrary and dispotick power to that of a mild merciful and peaceable Government tracing the true Constitution and fundamental Laws of the Nation he joined forces and offered his Service to the Government by bringing in of the Highland Clans and Rebels by fair means or necessary stratagems to make the effects answer the end As for the Glenco-men the truth is hic labor hoc opus est to describe them without reflection upon my Country-men which I would willingly avoid but the real truth is they were a branch of the Mc. Donnels who were a brave couragious People always seated amongst the Campbells who I mean Glenco-men are all Papists if they have any Religion were always counted a People given to Rapine and Plunder or Sorners as we call it and much of a piece with your Highway-men in England Several Governments designed to bring them to condign Punishment but their Purses it seems found them out Protectors and their Country was inaccessable to any small Parties and though I dare not approve of the method taken in January and February 1692. by killing them under trust and in cold Blood yet at the same time they deserved the heavy hand of Justice in a regular and legal manner which would have made their Neighbours live in more peace and tranquility I do remember when I first heard then of the matter I said to some great Persons that the best method would be to make these Men Prisoners and send them abroad to be Soldiers or to the Plantations and wishes it had been so Now that I have given you a Historical account of these Persons in as brief terms as I could to make you understand the Men and the relation of matters afterwards I begin again with the Bishop of Galloway Mr. Robertson and the Lord Viscount Stair's affair The Viscount of Stair is by his own his Author's and Predecessors Charters Heretable Bailly or Judge of the Royalty or Regality of the Lordship of Glenluce within the Bishoprick of Galloway for which the Bishop is obliged and was constantly in use to pay him 20l. sterling yearly of fee or Sallary in Money or value besides the perquisites of the Court which is allowed to the Deputy always The Bishop of Galloway died as was mentioned The three Daughters and their Husbands did contend about proving the Will of the Deceased the Bishop's Widow being poor and detained from what effects the Bishop left by the contention and tedious unnatural Law Debates of her Children Mr. Hugh Dalrymple the Lord Stair's Son being Factor for uplisting of his Father's Rents the time of his Father's Exile as abovesaid and the Viscount himself likewise after his return home did support her with Money that she might not starve during the Law debates for which they took security both from her self and Mr. Patrick Smyth her Eldest Daughter's Husband to repay them After long and litigious Debates the Lords of the Session pronounced a Decreet in favour of Mr. Patrick Smyth being found to have the best right and who supported the Mother by his Credit This Mr. Duncan Robertson encouraged by some Persons not well inclined to the Lord Stair to be sure presented a Petition to the Parliament upon the 3d day of June last complaining that the said Viscount had pronounced an unjust Sentence against him It would be needless and not to your purpose to repeat all the said Complaint and the great and long Debates followed thereupon so I only give you the substance and the most material points in the Complaint viz That the President in the Debate betwixt the said Robertson and Mr. Patrick Smith should have done Injustice by making up himself or by his Influence a Debate or Minutes and Interloquitor subjoyned thereto upon the 29th of July 1692. and signed the same privately in the Vacation 2. That after there was a Decree pronounced in favour of Mr. Smith against Mr. Robertson against which Decree Mr. Robertson gave in a Bill of Suspension upon which Bill the Clerk of the Bills refused to write a Sist by the President 's Order thereby stopping the ordinary course of the Law 3. That the President Transacted during the Dependence of the Plea with Mr. Smith as Executor to the Bishop for a Debt due by the President to the late Biship and had an Ease from Mr. Patrick of the Debt and took Allowance of 20l. Sterling of Baily Fee which the Bishop would never have paid The Answer made to the first was That if Mr. Robertson or any other could prove against the President that he did sign any Interloquitor or Debates privately but what was the meaning of the rest of the Lords in praesentia as well as his own Opinion he were most unjustifiable but nothing at all thereof was proved On the contrary one Smyth a Witness adduced by Robertson himself Deposed that the King's Advocate did Dictate them who is a Man of great Honour and Integrity and owned the same The Clerk also deposed the same and Mr. John Frank Robertson's own Advocate Deposed that the Point mentioned in these Minutes was stated by the President which should have been debated Mr. Robertson's Advocates declined to Debate and Mr. Patrick Smith craving a Decreet and that the same was pronounced in Mr. Frank's own hearing and others so not done privately Two of the Lords of Session Halcraig and Crosrig deposed to the same purpose and one of these Lords doth exactly remember that before the Cause was called the Lords Resolved that the Parties should Debate the very Points mentioned in the minutes which was stated truly by the President as all the Lords resolved And it is further cleared the aforesaid Interloquitor being res gesta known to and authorized by all the Lords by a subsequent Decreet of Suspension which followed thereupon the first of February 1693. It was answered to the Second That the Clerk of the Bills James Nicolson did refuse to receive or write upon the Bill of Suspension because Mr. Robertson was litigious and after two Decreets in foro he offered a third Bill and Mr. Patrick Smith having found Caution or Surety to Relieve Mr. Duncan Robertson and his Wife of any Process might be intended against them as Executors to the Bishop which was the
Pretence or Reasons of his last Bill of Suspension and all the Lords rejected the Bill and discharged the Clerk of the Bills to receive any other Bill of Suspension from Mr. Robertson except upon Obedience he having refused to Debate before which Deliverance was shewn and duly intimated to the Clerk of the Bills which is his Warrant And that the President never spoke directly nor indirectly to him about the same The Lord Aberuchill also ordinary deposed that the Clerk did refuse to write a Sist by reason of the said Deliverance of the Lords in praesentia It was answered to the Third That as was said before Mr. Hugh Dalrymple by his Father's Orders when in Exile and the President himself when he came home advanced money to the Bishop's poor Widow to save her from starving during the dependency of the Plea for which they took Bond to be repaid as aforesaid which was a Security to them in omnem eventum without any dependence upon the Event of that Plea of Law For though Mr. Robertson's Title had been just and sustained by the Lords the President 's Security was good beyond exception 1. Because the Widow was provided to a considerable Life-Rent by her Husband which was a Debt undeniably preferrable to the Interest of either Party Smith or Robertson and the Advancement to her being less than her Provision the President could have no byass that way besides that Mr. Patrick Smith also had an unquestionable Interest in the Dead's part and the Legittim and had acquired the Interest of a third Sister as Mr. Robertson's own Bill to the Parliament doth acknowledge So there was no Hazard to or Injustice in the President though he had advanced more to Mr. Patrick or the Widow which he never did and made no other Transaction but as aforesaid And as to the other member of that Allegation That the President got an Ease from Mr. Patrick Smith of the Debt due by him to the Bishop It was Answered That it was a very false Allegation For by the Discharge granted to the President it will appear that the several and particular Sums paid are Instructed either paid by the President himself or Mr. Hugh Dalrymple in his absence that the President had no Advantage by it nor was the President concerned what Mr. Duncan's Claim was against the Bishop or his Executors seeing the President was not obliged to pay any more to the Bishop or any claiming Right to his Estate but what was truly due and to them who had the best Right As to that That the President should have taken an Allowance of 20l. Sterling to himself Yearly of Baily Fee The President owns he did take the same and Instructs his Right by an Original Charter Anno 1560. And by another Charter under the Great Seal Anno 1618. both Charters bearing an Heritable Office of Bailiary and a Fee of Three Chalders of Meal out of the first and readiest of the Fruits and Emoluments of the Lordship of Glenluce which three Chalders of the Measure of Wigton which is the Measure of that Country will be four Chalders and a half of Linlithgow Measure and which would be worth more than 30l Sterling Yearly yet the President being only in use to receive an Allowance of 20l. Sterling he exacted no more And as the said President 's Right was Instructed by his Charters so the use of Payment appeared by two several Agreements one with Bishop Hamiltoun Anno 1666. who preceded Bishop Aitkin and another Anno 1688. with Bishop Gordon who succeeded him both stating the Baily Fee at 20l. Sterling Yearly After debating of these Points before the Parliament it was moved that the Affair should be committed to a Committee chosen for that particular Case but it was carried by Plurality of Voices that it should be committed to the Committee of Safety who were appointed to give their Report thereof in open Parliament upon the Tenth day of the said Month of June And the Committee having accordingly examined many Witnesses upon the most material Articles of the Complaint viz. The alledged Injustice of the Sentence nothing was proved as I can see against the Viscount of Stair by Robertson on the contrary it was proved by the Depositions of the Lords of Session Mr. Robertson's own Advocate and several other Evidences as abovesaid that the President 's Transactions were fair and the Sentence just so that Mr. Robertson did not think it adviseable to insist upon the other Articles of the Complaint Upon the Tenth of June it was moved I hear in behalf of the Lord President that the Parliament would call for the Report of the Committee and either declare the President Guilty or if nothing of the Complaint should be proved against him that they would Acquit the Lord President and appoint a suitable Punishment upon the Libeller for so impudent a Calumny but the Motion was not favoured there being matters of greater Importance in hand However the President 's Friends say they are glad that even now in his Lordship's absence there are no greater matters of Complaint or Accusation found against him through the whole course of his Life being sufficiently vindicated of this Accusation by these and other grounds represented judging there is enough known and will be justified by all good unbyassed men of his long Service in the Publick Integrity of Life firmness of Principles his and his Families Sufferings in dubious and dangerous Times and Dutiful Adherence to His Majesty's Interest before and since the late Happy Revoluton And that they do confidently hope that His Majesty's High Commissioner and the Honourable Estates of Parliament will sometime or other find the Justice of the Nation interested to see the Laws and Acts of Parliament for Securing Maintaining and Defending the Honour and Reputation of Judges who do Represent His Majesty's Person and his Authority fully and effectually executed by the Exemplary Punishment of the malicious Libeller so as Judges in all time coming may be fenced and secured from such bold and insolent Attempts And upon the whole matter the President 's Friends say further that he lost 100l Sterling by these Transactions concerning the Bishop's Affair which he never expects again so that according to the Wise Man's saying As it is a hard matter to be both Popular and Just so to strike and not wound is Anger lost for he is invulnerable and not hurt who is struck As for the matter of the Indictment against the Earl of Broadalban in so far as I can learn the matter is thus That the Earl Anno 1691. promised to the King to reclaim the High-land Rebels which way he did it is in Publick now but Mac Donnel of Glengary who is the most sensible and of greatest Probity amongst them came in and deposed before the Parliament That the Earl did by Articles agreed upon betwixt him and them engage that if King William could not condescend to such and such Articles he
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