them, the saids lords therfore, be the mouth of John Ritchie, dempster of court, decerne and adjudge the saids John Trotter and Alexander McLeish to be taken to the mercat croce of Edinburgh upon Wednesday the 28th day of March next to come, betwixt two and four aclock in the afternoon, and there to be hanged on a gibbet till they be dead, and ordaines their names, ffame, memorie, and bonours, to be extinct, their blood to be tainted, and their armes to be riven furth and delate out of the books of armes, so that their posterity may not have place nor be able here. after to bruike or joyse any honours, titles, offices or dignities within this realme in tyme comeing, and to have forfaulted, ammitted and tint all and sundrie their lands, heretages, tacks, steedings, roumes, possessions, goods and gear whatsomever pertaining to them, to our Soveraigne lord and lady to remaine perpetwallie with their majesties in propertie, which is pronunced for doome. DAVID HOME. P. Sic Subscribitur, Indyted and accused for the treasonable keeping out of the rock and fort of the Bass, against their majesties and their government, and other treasonable crymes lybelled against them, ut in diebus præcedentibus. of Robert Hepburn, of Whitburgb. The Assyse lawfully sworne, noe objectione My Lord Advocat, for probatione adduced the witnesses after deponeing, viz. Esplan Crawfoord; lieutenent to captain Alexander Stevenson, in sir James Moncreiff's regiment, aged threttie six years, unmarried, purg ed, and sworne, depones that about Jully past a twelve monetb, the deponent went to the Bass to bring out some Dutch seamen, which a French Caper brought up to the Bass, and that att that tyme the pannall, captain James Middletoune, came out from the Bass in a boat to the deponent, and asked the deponent if there was any commissionat officer aboard the boat, in which the deponent was; and the said pannell did then delyver a letter or open memorandum, to signifie to the government, that the saids prisoners were in the Bass and desyreing them to releive them as prisoners of warr, which letter or memorandum the deponent received from him, and being interrogat if he sawe the said pannall or any other of his companie in the boat with him have armes, depons Pursuers.-Sir James Stewart ther majesties advocat; sir James Ogilvie. Procurators in defence.-Sir Patrick Hume; he saw them have noe armes, and depones that Mr. John Frank. The lords commissioners of justiciary having considered the indytment raised and pursued att the instance of their majesties advocat against captain James Middletoune, William Nicolsone, and William Wotham, prisoners, with the debate therupon, they find the indytment relevant to infer the paynes lybelled; and having considered the speciall defence proponed for captain James Middletoune, that he was born abroad in Flanders, ffinds the same in the said moneth or in the moneth of August therafter the deponent by order from sir Thomas Livingstone, did goe a second tyme to the Bass to receave the saids prisoners, and at that tyme he did see the pannell, captain James Middletoune, in the Bass, and spoke with him, and the pannell came out with the deponent to Castletoune and therafter went away in bis skift towards the Bass, and depons that in Febrewary sixteen hundred and nynty three, the deponent saw the pannall James Middletoune a third tyme upon the rock of the Bass, the deponent having gone in there by order from my lord chancellor to bring out James Hay, and that when he parlied with the governour, the pannell was present with the governor, as one of his company, and all ther present, the pannell as well as others, so far as the deponent remembers, did say that James Hay being one of their own number, and a deserter, was not a prisoner of warr, and the deponent left the pannall in the Bass; depones that the deponent in the saids moneths of Jully and August, sixteen hundred and nyntie two, and February, sixteen hundred and nyntie three, was commander of the pairtie, that was lying att Castletoun, as a James M'Lurg, late dean of Gild, of guard against the rebells in the Bass, as being Edinburg. relevant to take off the cryme of treasone, but not to liberat him from a capitall punishment; buf if he can make it appear, that he or his commander when they entered the Bass, were cloathed with a commissione from the common enemie in this declared warr, the lords remitts the punishment to his majestie, and repells the haill remanent defences and duplyes prepared for the pannalls, and remitts the interloquitor to the knowledge of the assyse. Sic Subscribitur, DAVID HOME, I. P. D. C. ASSISA. Sir Patrick Nisbet, of Dean. then in rebellione; depones he saw the rebells tiæ patet, and this is the truth as he shall answer to God. Sic Subscribitur, in the Bass take a bark and cary her up to the Bass in the hinder end of harvest 1692, depones ceist collonell James Hay, of Nauchtoune, James Hay, lately leivtennant, sone to the dethat in conference with the Bassmen, he heard aged thretty-two yeares, unmarried, purged, them say that they would keep out the Bass as and sworne; depones, that the deponent came long as they had bread and water. Causa scien-in company with collonell Grahame from Dur kirk, to recruit the Bass, and that Middletoun, Nicolson, and Wotham, the pannells, were in ESPLAN CRAUFURD. the company with them; and that when they Gawin Johnstone, sone to John Johnstoune, arryved att the Bass it being in the night tyme, messenger, in Dumfries, late souldier in the and the Bassmen supposing they might be eueBass, aged thretty-four yeares, married, purged, mies, did at first refuse them entrance, but and sworne; depones, That in August, 1691, receaved them all as recruits to the garrisone; after they understood them to be friends they the deponent himselfe went into the Bass, and about four moneths thereafter, the three pan- depones that they arryved att the Bass in the nells, captain James Middletoune, William Ni- moneth of December, 1691; depones, that colsone, and William Wothame, arryved att during the tyme that the deponent was in the the Bass, in company with leivtennant collonell Bass, which was till the March thereafter, be William Grabame, and were received by the sawe the three pannells in armes upon duty by garrisone as friends, and continued there for turnes as it fell them; depones he did hear some moneths; but that they did not eary and that all that were in the Bass were called king James's commissione read in the Bass, armes, neither did the governor himselfe cary to the reading of it, and that the pannells arms, nor any others but the common soldiers when they stood eentries; and that the three brother Michaell Middletoun's name was filled pannells were all reckoned gentlemen, and dis-up with consent of all present. Depones, that tinguished from the rest of the commonality of the Bass. Depones, that the said leivtennant collonell William Grahame, in whose company the pannalls came to the Bass, brought king Jameses commissione alongst with him, and the deponent heard it read, but there was no other present but himselfe when he heard it read; and that the said commissione made Michaell Middletoune knowes the Bass was holding out against the Depones, that he government of their majesties king William and queen Mary; depones, that he exprest his de-nells Midletoune and Nicolsone in the garrisone syre to gett out of the Bass to Michaell Middle toune the governour, but he refused it, and spoke sharplie to him, but the deponent blamed the rest of the gentlemen of the Bass, and particularly the pannells for keeping him in. De pones, that he sawe the pannells Midletoun and Nicolsone all the tyme in the Bass, frae the tyme they came to it till May last, and that he cannot be positive when it was that Wotham came out of the Bass, causa scientiæ patet, and governour. this the truth as he shall answer to God. Sic Subscribitur, GAWEN JOHNSTON. Robert M Farlane, souldier in major Monro's company in sir James Moncreiff''s regiment, aged twenty-two yeares, married, purged, and sworne; depones, that when leivtennat Crawfoord went in to the Bass anent the D. tch seamen in August, 1692, the deponent went alongst with him, and did see the pannell James Middletoun in the Bass; and at the same tyme he came ashoar to Castletoune with leivtenant Esplan Crawfoord, and therafter saw him goe off towards the Bass again, causa scientia he was one of the souldiers of the garrisone of Castletoune that was watching against the Bass: depones he sawe the pannall Middletoune with noe armes but a short baygonet; depones he cannot wryte. And this is the truth as he shall answer to God. Sic Subscribitur, DAVID HOME, P. the three pannells were upon duty by order of Michael Midltoun, governour, after his name and that the Bass did at that tyme hold out was filled up, and that by carying of armes, against their majesties king William and queen Mary, as they still doe; and the deponent when he came out of the Bass, he left them there, and they were in the Bass with him all the Bass, and at that tyme he did see the pantyme he was there; depons that in Febrwary, 1693, the deponent went back to the of the Bass, and at that tyme he was made Sic Subscribitur, Newbyth, aged thretty yeares, married, purg- goeing, and they said they were goeing to Tunninghame, and the deponent asked who they knew there, and the pannells could tell of none they knew there, nor give any good account of themselves; whereupon the deponent and some other company did apprehend them, with out making any resistance, causa scientiæ patet, and this is the trueth, as he shall answer to God. Sic Subscribitur, JOHN REID. William Burne, gardner to sir William Baird, of Newbyth, aged twenty fyve yeares, married, purged, and sworne, depones conformis precedenti in omnibus. WILLIAM BURN. DAVID HOME, P. The lords ordaines the Assyze to inclose and returne their verdict to-morrow, at twelve E aclock. February 27, 1694. The said day, the persones who past upon the assyse of captain James Midletoune, William Nicolsone, and William Wothame, prisoners; returned their Verdict, in presence of the saids lords, whereof the tenor followes : February, sixteen hundred and nyntie four Sic Subscribitur, THO. KENNEDY, CANC. March 1, 1694. The lords commissioners of justiciary having considered the verdict of assyse, returned against captaine James Middletoune, William Nicolsone, and William Wotham, whereby it is found proven by the depositions of the witnesses, that the saids three pannells arryved at the Bass, in December, sixteen hundred and nyntie one yeares, in company with leivtennant collonell William Grahame, and continued and abode there severall moneths with Michaell Middletoune, who commanded the Bass, by virtue of a commission from the late king James, holding out against the government of their majesties king William and queen Mary; the saids lords therefor, be the mouth of John Ritchie, dempster of court, decerne and adjudge the saids captain James Midletoune, William Nicolsone, and William Wothara, to be taken to the marcat crose of Edinburgh, upon Fryday, the sixth day of Apryle next, to come be twixt tuo and four aclock in the afternoon, and there to be hanged on a gibbett, till they be The Assyse having elected and choesen sir dead, and ordaines their names, fame, and Thomas Kennedy, of Kirkhill, their chan- memory, and honours, to be extinct, their cellor, they all in one voice find it proven by blood to be tainted, and their armes to be riven the depositions of the witnesses, That the three furth, and delete out of the book of armes, sua pannells, viz. Captain James Middletoune, Wil- that their posterity may never have place, nor liam Nicolsone, and William Wotham, arryved be able heirafter to bruike or joyse any titles, at the Bass in December, 1691 years, in com- dignities, or offices, within this realme, in tyme pany with leivtt. coll. William Grahame, and comeing, and to have forfault, amitted, and tint continued and abode there severall moneths all and sundry their lands, heretages, tacks, at with Michaell Middletoune, who commanded steidings, roums, possessions, goods, and gear the Bass, by virtue of a commissione from the whatsomever pertaining to them, to our sovelate king James, holding out against the go-raign lord and lady, to remaine perpetually vernment of their majestie's king William and with their majesties in propertie, which is pro 1 queen Mary; as witness thir presents, sub-nounced for doom. seryved by the said sir Thomas Kennedy, as chancellor, and the said Robert Hepburne their clerk, att Edinburgh, the twenty sixth day of Sic Subscribitur, DAVID HOME, P. C. Campbell, Jo. Lauder, A. Hope, J. Falconer. 400. Proceedings in the Parliament of Scotland respecting the MasSACRE OF GLENCO: 7 WILLIAM III. A. D. 1695. [Collection of State Tracts published in the Reign of King William the Third.*] COMMISION for Trial of the Slaughter committed at Glenco, upon the 13th day of February, 1692. GULIELMUS Dei Gr. Mag. Brit. &c. Omnibus probis hominibus, ad quos præsentes Literæ nostræ pervenerint, salutem. Quandoquidem nos considerantes, quod etiamsi nos, * "From an Article entitled, "The Mas"sacre of Glenco: Being a True Narrative of "the barbarous murder of the Glenco men in "the highlands of Scotland, by way of military "execution, on the 13th of February, 1692. "Containing the commission under the great "seal of Scotland, for making an inquiry into "that horrid murder: the proceedings of the "parliament of Scotland upon it: the report "of the commissioners upon the inquiry, laid "before the king and parliament, and the ad"dress of the parliament to king William for "justice upon the murderers. Faithfully ex"tracted from the Records of Parliament, and "published for undeceiving those who have "been imposed upon by false accounts.” The Narrative is preceded by a Letter as follows: Anno Dom. 1693. per expressam instruc'tionem, potestatem concessimus de mortuo 'Gulielmo Duci de Hamilton, aliisque, pro ex'aminando et inquirendo de cæde quorundam Cognominis de Macdonald aliorumque de Glenco. Anno Dom. 1692. et de modo et de 'methodo Commissionis ejusdem; nihilomi nus Inquisitio quæ tunc facta erat in prosecu that Mr. Johnston should know any thing of your design to publish this: for though you know as well as I that his diligence to serve and obey the queen in this matter, was always judged here to be one of the chief causes of our nation's losing that able and honest minis ter; yet he is so nice in point of honour, that he chused rather to be unjust to himself, and to lie under imputations, than to give any part of those papers to be published, though frequently urged to it, because he said it would be unde cent in him, that had once been his majesty's secretary, to do any such thing. Therefore, though you are carefully to conceal this matter from him till it be published, yet as soon as it is, I must pray you, if you think it proper, to go and tell him, that I beg his pardon for making this appeal to him, without his leave. and though I may suffer in his good opinion "Sir; In answer to yours of the 1st of by what I have done, yet if this publication October, I herewith send you from the Records may any ways oblige him to do himself, his of our parliament, a true and authentic Ac- late master, and his country further justice, by count of the Massacre of Glenco, as you righ-telling what he knows more of the matter, teously call it. I wish this matter could have been forgotten to eternity; but since you say it is altogether needful for the vindication of the justice of our country, against many false, slanderous accounts that are daily given of that business in England, I am willing you print what I now send you; and that you may be furnished to answer all objections against the truth of this Narrative, you may inform any Englishman of quality, that is willing to be satisfied in the matter, that the Report of the Commission, the Address of our Parliament herewith sent you, and the Duplicates of the lord Stair's Letters, are, or were at least in the Scots Secretaries Office at London: or if they should happen to be withdrawn from thence, they may inform themselves fully in the truth of this from Mr. Johnston, who was at that time secretary of state for Scotland, and had particular directions from the late queen Mary to push on this inquiry, and search into the bottom of that horrid murder; for her majesty was grieved at the heart, that the reputation of the king her husband should have suffered so much by that affair. I would not, however, shall be the easier under his displeasure. I And at the end of the Narrative are subjoined the following Observations: a "It is said that some of the persons did get remission from king William; concerning which it is to be observed, first, that the taking But of a remission is a tacit acknowledging of the letters of fire and sword, which the privy crime, and taking upon them the guilt: next, council had been accustomed to grant. that any such remission is null and void, and when a second order, signed and countersigned will not defend them, because it did not proceed by the king with such unusual precaution, is upon letters of Slains, nor is there any assith- combined with the impunity which his minisment made to the nearest of kin; it being ex- ters enjoyed, no doubt can remain that, however pressly provided by the 136 act, par. 8 Jac. the execution might exceed his intentions, the the 6th, that remissions are null, unless the measure was not concerted without his knowparty be assithed; and by 157 act, par. 12. ledge and previous consent. No enquiry was Jac. 6. And it is farther to be observed from that made at the time, no punishment was inflicted act, that albeit respites and remissions had been afterwards, on the authors of the massacre. formerly granted for several enormous crimes, On the contrary, it is asserted that the officers yet the defendants were ordained to be crimi- most active in the execution were preferred. nally pursued notwithstanding of the same; The best and perhaps the just explanation of and the said act is ratified by the 173 act, the transaction is, that William, beset with mipar. 13, Jac. 6, against the granting of remis-nisters inured to the sanguinary measures of sions and respites to the committers of murder, the former government, was betrayed for once slaughter, and other atrocious crimes therein into an act of cruelty inconsistent with his chamentioned, where there are not sufficient letters racter, and with the mild and merciful tenor of of Slains shewn; and that no respite or remis- his reign." sion be admitted in judgment, except the same be compounded with the treasurer, and sub-tember 16092, omitted to investigate the MasThat the parliament, which met in Sepscribed by him, at least past his register. And act 178, it is provided, that no respite or remission be granted for slaughter, until the party skaithed be first satisfied; and if any respite or remission shall happen to be granted before the party grieved be first satisfied, the same shall be null by way of exception or reply, without any further declarator. Thirdly, It is to be observed, that the parliament having declared, that the killing of the Glenco-men was a murder under trust; it is clear by the 51 act, par. 11, Jac. 6, that murder and slaughter of a person under trust, credit, assurance and power of the slayer, is treason: so that by the said act, these that had accession to, or were any ways airt and part of the slaughter of the Glenco-men, are guilty of treason." Of this horrible transaction various accounts are in print. It is very pathetically related by Gilpin in his Tour in Scotland. Mr. Laing (Hist. of Scotland, vol. 4, p. 241) observes of it: "The outcry against the massacre of Glenco was not confined to Scotland; but by the industry of the jacobites, it resounded with every aggravation through Europe. Whether the inhuman rigour, or the perfidious exccution of the orders were considered, each part of the bloody transaction discovered a deliberate, treacherous, and an impolitic cruelty, from which the king himself was not altogether exempt. Instead of the terror which it was meant to inspire, the borror and universal execration which it excited, rendered the highlanders içreconcleable to his government, and the government justly odious to his subjects. His friends endeavoured, by the plea of inadvertence and haste, to transfer the blame to his ministers; and his ministers were equally earnest to vindicate the orders as strictly legal; or as analogous to VOL. XIII. sacre, he ascribes to the detection of Neville dated the Jacobites from opposition, and indisPain's correspondence, which at once intimiposed the Presbyterians (to whom their establishment had been recently restored) to thwart the government, while the Jacobites were plotting to subvert. And of the measures which cerning the massacre, he thus writes: were in 1695 taken as related in the text con "On the death of Hamilton and Queensberry, the marquis of Tweedale was appointed commissioner to parliament, which was never summoned except to provide supplies. The money voted for new levies, but not appropriated in the former session, had been ungenerously diverted to other purposes; and the troops intended for internal defence were emploved to recruit the regiments abroad. The nobility were thus disappointed of commissions for themselves and their friends. The people were disgusted at William's supine inattention to Scotland; and an enquiry into the massacre of Glenco was so loudly demanded, that some extraordinary concessions were required from the crown. An enquiry was no sooner propused, than the parliament was informed that a commission had been issued to investigate the massacre; and thanks were returned for a measure obviously intended to supersede a public examination, and to screen the offenders from public justice. But the result of the enquiry, by the artifices of the ministers to supplant a rival, was reported to parliament at its repeated request; and after a diligent investigation, the guilt of the massacre was transferred to Dalrymple. The king was literally tried, and acquitted, by a vote that his instructions contained no warrant for the slaughter; but the offenders, instead of being surrendered to public justice, as the parliament requested, were par 3 L |