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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B02615 Information for the master of Stair Dalrymple, Hew, Sir, 1652-1737. 1695 (1695) Wing D141A; ESTC R175897 8,419 4

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INFORMATION For the Master of STAIR HIS Majesties Commissioner having thought fit to Communicat to the Parliament the Report with the Evidences and Instructions taken and adduced before the Commission of Glencoe and the Master of Stair's Freinds conceiving that he is mightily Prejudged by that Report which notices particular Sentences or Periods of certain Letters of His suppressing or not expressing other Material Periods of the same Letters and from whence Consequences are drawn which cannot follow upon a due consideration of the whole The Masters Friends had no Opportunity to see these Letters or know the Tenor of them till they were read in Parliament and then being satisfied that they do not answer to the Rumors and Commentars that are spread abroad upon them it was earnestly desired that the Letters might be Printed for the Masters Vindication which was not obtained nor doubles allowed to be taken but the Grounds of the Report only allowed to be seen in the Clerks Hands There has been so much discourse about Glenco that little needs to be said to state the Case It s known they were very ill Men Rebells Papists Robbers and Theivs which did not justifie any Inhumanity in their Execution but did expose them more to legal Severity than other Subjects His Majesty being justly displeased that many Rebels had dispised two Indemnities did resolve in the next place to apply the severity of the Law and none were found more fit to fall under it than those of Glenco To that end His Majestie granted Instructions to Sir Thomas Livingstoun on the 11th January 1692 whereof the first runs in these Terms You are hereby Ordered and Authorized to march our Troops which are now posted at Inverlochie and Inverness to act against these High-land Rebels who have not taken the benefit of our Indemnity by Fire and Sword and all manner of Hostility to burn their Houses seize or destroy their Goods Cattle ●lenishing and Cloaths and to cut off the Men And the fourth Article bears That the Rebels may not think themselves absolutly desperat We allow you to own Powers to give Terms and Quarters But We are so convinced of the necessity of Severity and that they cannot be reclaimed That We will not allow you to give any other Terms to Chistans Heretors or Leaders but to be Prisoners of War whereby their Lives are saved But for all other things they must surrender on Mercy and take the Oath of Allegiance And the fourth Article of additional Instruction the 16th of January 1692 bears If Mckean of Glenco and his Tribe can be well separated from the rest it will be a proper Vindication of the Publick Justice to exstirpat that Sect of Theives The Highland Rebels who had not accepted of the Indemnity might lawfully have been cut off without Quarters but His Majesty molifies that Rigour by allowing Sir Thomas Livingston to give Terms and Quarters yet Glenco was by these Orders to ly nearest to the just Vengeance of the Law Old Mckean of Glenco did not take the Oath in due time but six days after he prevailed with Arkinglass to Administer the same which Arkinglass did and desired that his Case might be represented to the Privy Council But the rest of his Clan and Followers did not take the Oaths at all yet upon his taking the Oath he and his People did look upon themselves as secure and Glenlyon and his Company was Lodged among them in a peaceable manner from the 1. to the 13. of February and it appears against the Rules of Hospitality and Humanity that he with his Company and others did Barbarously Murder five and Twenty Men and a Woman and particularly his own Land-lord and many aggravating Circumstances do clearly appear particularly that men of great Age and a Boy of Fourteen years were cut off and that Captain Drummond was very forward in that cruel Execution The Parliament has considered his Majesties Instructions and the Execution and have voted that the Instructions contain a Warrand for Mercy to all who offer to take the Oath of Allegiance and come in upon Mercy without exception though the Dyet prefixed was elapsed and that the same contained no Warrand for the Execution of the Glenco men made in February thereafter It was also Voted that the said Execution as it was represented in Parliament was a Murder It was further Moved That the Parliament should proceed to Consider the Persons guilty of the said Murder and the Report does load the Master of Stair as if his Letters had given the Occasion of it In the first place the Report of the Commission is noways to be reguarded to I●fluence any Member of Parliament being privatly done without access allowed to any Party that might be Interessed but the Grounds and Instructions upon which it is Founded are only to be considered If the Parliament shal proceed to Consider the Instructions and Probation adduced the first and most Natural Point to be co●sidered is who were the Executors for if these Executors had no suffficient Warrand for what t●ey did or if they did that which no Warrand could Authorize then certainly as they were the Executors so they ly nearest to and most justly under the Censure of the Nation And the Probation as re-presented to the Parliament bears that Glenlyon Captain Drummond Lieutenant Lindsay and others being most peaceably Lodged and Quartered among the Glenco men from the first of February and being civily received and entertained for the space of 13 days they got access in a friendly manner to come in to old Glencoe's Chamber where he lay and killed him treacherously behind his back and that Glenlyon's Land-lord was killed by him and that old men superannuated two Children and a Woman were killed This Execution was so Barbarous that no Warrand could authorize it the Laws of Humanity being the strongest of all Tyes and whatever Obligations may ly upon Soldiers under Pay to execute Commands without disputing yet they are rather obliged to give up their Commissions than to fly in the face of Nature 2. Though the Command of Superior Officers be very absolute yet no Command against the Laws of Nature are binding so that a Soldier retaining his Commission ought to refuse to execute any Barbarity as if a Soldier should be commanded to shoot a Man passing by inoffensively upon the Street no such Command would exeem him from the Punishment of Murder 3. There is no pretence of any warrand for killing of Women or Children under age neither did Glenlyon so much as ever remonstrat to the giver of the Order that he and his men were under the confidence of Hospitality which the giver of the Order might not have considered so well as he who received it was bound to do before the Execution The Parliament having found the Kings Order legal and the Execution illegal so soon as the Executors are found to have exceeded either their Warrand or the Laws of Humanity the Work and Design