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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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of the Parliament is done But because the Master of Stair hath been named in the Matter for his Vindication it is to be considered First That there is a great difference in the Circumstances of Affairs betwixt the time and the Supposition upon which he wrote and what fell out about the same time or shortly thereafter Glencoe and his Son had been obstinat R●bells forefaulted in the Parliament 1690 irreconcilable to the Government he himself a Murderer all his Tribe hereditary Thieves he and they had slighted two gracious Indemnities the King was resolved to make an Example of Justice as many had been made of his Mercy And it was thought that the same could be no where exercised more fitly to the Terror of others and two of the Master of Stairs Letters the first and third of December 1691 do expostulate that these Men were deluded by hopes of Better Terms and longer Dyets whereby they would fall into the Net which was a sufficient Warning to beware yet they did not imbrace the Indemnity 2. All the Secretaries Letters were wrote upon the supposition that they were still obstinat and irreconcilable Rebells and no man can reasonably say that Rebells in such Circumstances might not be cut off for an Example of publick Justice neither was that Severity so much the Secretaries proper Sentiment as that his Endeavour to bring in the Highlanders without Blood was misconstructed as flowing from Good-will and tenderness to the Jacobite Party whom he would not have disabled from their old Interprizes and it was loudly discoursed at that time that this Opportunity should be taken to rid the Nation of the Barbarous Highlanders The Masters Project not taking full Effect and many rejecting the Offered Mercy such as obstructed the Negotiation were ready to mis-represent his Measures to the King and there being Resolution to make an Example of Severity on these very People the Mr. was obliged to enter in it the more frankly because the Persons to whom the Letters were directed and had the Trust of Execution had not been favourable to that Negotiation and if he had appeared indifferent in that matter he might have lyen under greater Censure another way 3. As the Master did not know that Glencoe had taken the Oathes even after the Dyet elapsed but looked upon all the Tribe as in open Rebellion so much less did he know that the manner of Execution would be by a man lodged as a Friend thirteen Nights in their Bosom or that they would kill Women or Children in which the Inhumanity doth really consist for suppose the case that they all had been standing out obstinat Rebels and never taken the Oathes nor so much as offered Submission and that in such Circumstances Military Forces had gone in and destroyed them all no man can say there was any thing illegal or cruel in that and it was the Opinion of all who advised the King and it was His Majesties Pleasure it should be so and the Variation of Circumstances without the Masters Knowledge did not alter the case as to him The Circumstances that altered were two the one that old Glencoe took the Oath after the Dyet which should have prcoured him Mercy and next the manner of Execution by Souldiers lodged in the Place both were altogether unknown to the Master No Body loads the Master with the last and great Circumstance which relates to all the Persons slain but the other Circumstance of Old Glencoes having taken the Oath is alledged to have been known to the Master and the Report of the Commission is not positive in that Point but it sayes that it appears the same was knowen To this it s answered I. That if it can be instructed that the Master did know of Old Glencoes taking the Oath whether legally or not legally at the time of writing any of the Letters preceeding the Slaughter whereof the last is dated the 30. of Jan. 1692. in that case the Master would be willing to forefeit his Reputation Life and Fortune so that it is still positively and peremptorly asserted that the Master was wholly ignorant of that Circumstance The Evidence upon which the Report of the Masters Knowledge of that Circumstance proceeds is the same Letter of the thirtieth of January bearing I am Glad Glencoe did not come in within the time prescribed c. from whence it is inferred that he knew of Glencoes coming in after the time elapsed which is a very wide Consequence First The embraceing the Indemnity supposes the coming in in due time and the Indemnity being in his view he had no eye nor Consideration of what followed 2. That Letter could never be the Warrand of Sir Thomas Livingstons Order upon which the Execution followed because Sir Thomas his Order is upon the 23 of the said Moneth seven days preceding 3. His Letter of the same date direct to Collonel Hill bears in the beginning that he doubted not the Collonel would make the best use of the present Circumstance and where Glencoe is mentioned it is said he is fallen in the Mercy of the Law and shortly after he adds these false People will do nothing but as they see you in condition to do with them by the first and last of which Clauses which afterwards will be more largely related it is evident that the Master leaves all to the Collonells Management to whom the Order was also directed and by the middle Clause that Glencoe was still considered as in the mercy of Law which clears that the Master did not understand him to be under any Security by taking the Oaths neither can these Letters be reckoned peremptor because all is thereby left to the Discretion and Management of the Persons to whom they are directed And whereas it hath been further said that whether the Master knew of Glencoes taking the Oaths or not yet his Letters are more peremptor than the Kings Instructions in so far as the Kings Instructions are qualified and bear power to give Terms and several of the Masters Letters are peremptor for the Destruction of Glencoe without mentioning the Quality which the Instructions do contain and even the most peremptor Instruction against Glencoe bearing that if they could be well separat from the rest it would be a proper Vindication of publict Justice to exstirpat that Sect of Theives does not take off the Quality that they might be received upon Mercy It is answered 1. Though the Masters Letters were more Peremptor than the Kings Instructions yet if they were within the Terms and not exceeding the Rigours which the Law allows the Master could never be quarreled upon these for either they were to be considered as writ by the Master of Stair a privat Person in which case they could afford no Authority or Warrand to Impair or Extend the Kings Instructions and these to whom the Instructions were directed were bound to obey them and not privat Letters Or if the Masters Letters were considered as flowing