any insinuation of any method to be taken that might well separate the Glenco men from the rest, did, in place of prescribing a vindication of public justice, order them to be cut off and rooted out in earnest, and to purpose, and that suddenly, and secretly, and quietly, and all on a sudden; which are the express terms of the said letters; and comparing them and the other letters with what ensued, appear to have been the only warrant and cause of their slaughter, which in effect was a barbarous murder, per petrated by the persons deponed against. And this is yet farther confirmed by two more of his of the commission; First, That it was a great wrong that Glenco's care and diligence, as to his taking the oath of allegiance, with Ardkinlas's certificate of his taking the oath of allegiance on the 6th of January 1692, and colonel Hill's letter to Ardkinlas, and Ardkinlas's letter to Colin Campbel, sheriff clerk, for clearing Glenco's diligence and innocence, were not presented to the lords of his majesty's privy council, when they were sent into Edinburgh in the said month of January; and that those who advised the not presenting thereof were in the wrong, and seem to have had a malicious design against Glenco; and that it was a fur-letters, written to colonel Hill after the slaughther wrong that the certificate, as to Glenco's taking the oath of allegiance, was delete and obliterate after it came to Edinburgh; and that being so obliterate, it should neither have been presented to, or taken in by the clerk of the council, without an express warrant from the council. Secondly, That it appears to have been known at London, and particularly to the master of Stair, in the month of January 1692, that Glenco had taken the oath of allegiance, though after the day prefixed; for he saith in his letter of the 30th of January to sir Thomas Levingston, as is above remarked, I am glad that Glenco came not in within the time prescribed. Thirdly, that there was nothing in the king's instructions to warrant the committing of the foresaid slaughter, even as to the thing itself, and far less as to the manner of it; seeing all his instructions do plainly import, that the most obstinate of the rebels might be received into mercy, upon taking the oath of allegiance, though the day was long before elapsed, and that he ordered nothing concerning Glenco and his tribe, but that if they could be well separated from the rest, it would be a proper vindication of the public justice to extirpate that sect of thieves: which plainly intimates that it was his majesty's mind that they could not be separated from the rest of these rebels, unless they still refused his mercy by continuing in arms and refusing the allegiance; and that even in that case they were only to be proceeded against in the way of public justice, and no other way. Fourthly, That secretary Stair's letters, especially that of the 11th of January 1692, in which he rejoices to hear that Glenco had not taken the oath, and that of the 16th of January, of the same date with the king's additional instructions, and that of the 30th of the same month, were no ways warranted by, but quite exceeded the king's foresaid instructions; since the said letters, without the method left very much to your own discretion." "Till we see what is done by the chiefs, it is not time to receive their tenants, or admitting them to take the oaths or hoping for pardon, till they give evidence that they are willing to pay their rents to you, and to take tacks for their former duties. Who will not do so, and were in the rebellion, must feel the dismal consequences of it." ter committed, viz. on the 5th of March 1692, wherein, after having said that there was much talk at London, that the Glenco men were murdered in their beds after they had taken the allegiance, he continues, For the last I know nothing of it; I am sure neither you, nor any body impowered to treat or give indemnity, did give Glenco the oath; and to take it from any body else after the diet elapsed, did import nothing at all; all that I regrate is, that any of the sort got away, and there is a necessity to prosecute them to the utmost. And another from the Hague, the last of April 1692, wherein he says, For the people of Glenco, when you do your duty in a thing so necessary to rid the country of thieving, you need not trouble yourself to take the pains to vindicate yourself by shewing all your orders, which are now put in, the Paris gazette; when you do right you need fear nobody; all that can be said is, that in the execution, it was neither so full nor so fair as might have been. And this their hum-. ble opinion the commissioners, with all submission, return and lay before his majesty, in discharge of the foresaid commission. Sic Subscribitur, TWEDDALE, ANANDALE (now marquiss of Anandale, and president of the privy council.) MURRAY, (DOW duke of Athol and lord privy seal.) JA, STUART (her majesty's advocate.) ADAM COCKBURN (late lord treasurer deput.) W. HAMILTON (lord Whitelaw, one of the lords of the session.) JA. OGILVIE (now earl of Seafield and lord high chancellor.) A. DRUMMOND. The Report being agreed on, and signed by the commissioners, several members moved in parliament on the 24th of June, that the said report should be laid before the house. Upon which his majesty's high commissioner acquainted the parliament, that the report of the commission, for inquiring into the business of Glenco, being sent to his majesty on Thursday last, he would lay the same before them, with the depositions of the witnesses, and other documents relating thereto, for their satisfaction and full information; and if they thought fit to make any other use of it, he made no doubt it would be with that deference and submission to his majesty's judg ment, that becometh so loyal and zealous a par liament, in vindication of the justice and ho- | ing upon the commission for inquiring into the nour of his majesty's government. Then the report from the commission for inquiring into the slaughter of the Glenco men, was read, with the depositions of the witnesses, the king's instructions, and the master of Stair's letters, for instructing the said report. slaughter of the Glenco-men, and arraigning a vote of parliament: and therefore moved, That it may be inquired who was the author of it, and that both he and the said print may be censured. Mr. Hugh Dalrimple, brother to the master of Stair, and a member of parliament, After hearing the said report, it was voted, acknowledged himself to be the author, and Nemine contradicente, that his majesty's in- gave an account of his mistakes, protesting structions of the 11th and 16th days of Janu. that he therein intended no reflection on the ary 1692, touching the highland rebels, who commission, and that the paper was written did not accept in due time of the benefit of his before the vote past in parliament, though indemnity, did contain a warrant for mercy to printed and spread thereafter. all without exception, who should take the oath of allegiance and come in upon mercy, though the first day of January 1692, prefixed by the proclamation of indemnity, was passed; and that therefore these instructions contained no warrant for the execution of the Glenco men, made in February thereafter. Then the question was stated and voted, If the execution of the Glenco men in February 1692, as it is represented to the parliament, be a murder or not? and carried in the affirmative. Moved, That since the parliament has found it a murder, it may be inquired into who were the occasion of it, and the persons guilty and committers of it, and in what way and manner they should be prosecuted. And after some debate thereon, the method of the said prosecution was delayed, and resolved, That this House will again take the same under consideration first on Monday next: and the master of Stair's letters were ordered to be put in the clerk's bands, and any members of parliament allowed an inspection thereof. address. Thereafter the question stated and voted, if they should first proceed to consider the master of Stair's letters, or the actors of the murder of Glenco men? and carried, First to consider the master of Stair's letters. Then the master of Stair's letters, with the king's instructions to sir Thomas Levingston and col. Hill, and the 4th article of the opinion of the commission relating to the master of Stair, was read; and after some debate the question was stated, whether the master of Stair's letters do exceed the king's commission, towards the killing and destroying the Glenco men, or not? And carried in the affirmative. June 28, 1695. Resolved, That first the author and then the print be censured. And Mr. Hugh was or dered to ask his grace and the parliament pardon; which he did, again declaring, that what was offensive in that paper had happened through mistake. Thereafter agreed that the said print was false and calumnious. And the question being stated, If the print spread abroad amongst the members of parliament, intituled, 'Information 'for the Master of Stair,' ought to be condemned as false and calumnious, and therefore burnt, or only that the print should be so marked in the minutes of parliament; it carried, That the print should be marked in the minutes of parliament to be false and calumnious. Then the parliament proceeded farther in the inquiry of the slaughter of the Glenco-men. And in the first place, as to the orders given by sir Thomas Levingston, in two of his letters directed to lieutenant colonel Hamilton: and the said letters being read, after debate thereon it was put to the vote, proceed or delay, and carried proceed. Thomas Levingston had reason to give such Then the question was stated, Whether sir not? and was carried in the affirmative, nemine orders as were contained in these letters, or contradicente. July 8, 1695. The parliament having resumed the inquiry into the slaughter of the Glenco-men, and who lieutenant colonel Hamilton, and that part of were the actors; and in the first place about and the orders he got, and the orders he said the report of the commission relating to him, he gave, with the depositions taken before the said commission: and after some debate thereon, the question was stated and put to the vote; col. Hamilton be free from the murder of the if from what appears to the parliament, lieut. Glenco-men, and whether there be ground to prosecute him for the same, or not? and carried, he was not clear, and that there was ground to prosecute him. Then the question was stated and voted as to major Duucason, at present in Flanders, if the king should be addressed, either to cause him to be examined there about the orders he received, and his knowledge of that matter; or that he be ordered home to be prosecuted therefore, as his majesty shall think fit, or no? and carried in the affirmative, Then that part of the report of the commission, as to Glenlyon, captain Drummond, lieu tenant or adjutant Lindsay, ensign Lundy, and serjeant Barber, read with the depositions of the witnesses against them; and the question stated and voted, If it appeared that the said persons were the actors of the murder of the Glenco-men under trust; and that his majesty be addressed to send them home to be prose cuted for the same according to law, or not? And carried in the affirmative. Therefore voted, If it should be remitted to the committee for the security of the kingdom to draw this address, or a new committee elected for drawing thereof? and carried remit. most proper, might testify to the world how clear your majesty's justice is in all this matter. "And now your majesty's commissioner, upon our repeated instances, communicated to us a copy of the report transmitted by the commission to your majesty, with your majesty's instructions, the master of Stair's letters, the orders given by the officers, and the depositions of the witnesses, relating to that report; and the same being read and compared, we could' not but unanimously declare, that your ma jesty's instructions of the 7th and 16th of January 1692, touching the highlanders who had not accepted in due time of the benefit of the indemnity, did contain a warrant for mercy to all without exception, who should offer to take the oath of allegiance, and come in upon mercy, though the 1st of January 1692, prefixed by the proclamation of indemnity was past; and that these instructions contain no warrant for the execution of the Glenco-men made in February thereafter. And here we cannot but acknowledge your majesty's signal The Address about the slaughter of the clemency upon this occasion, as well as in the Glenco-men to be sent to the king, read, with whole tract of your government over us; for several of the master of Stair's letters to sir had your majesty, without new offers of mercy, Thomas Levingston and colonel Hill: and after given positive orders for the executing the law some debate upon the paragraph touching the upon the highlanders, that had already demaster of Stair, it was voted, approve the para-spised your repeated indemnities, they had but graph as brought in from the committee, or as offered with amendments: it carried, approve as brought in from the committee. Thereafter the whole Address was put to the vote, and approved as follows > The report from the committee for security of the kingdom in favours of the Glenco-men, read and remitted to the said committee; that there be a particular recommendation of the petitioner's case to his majesty brought in by the said committee. July 10, 1695. met with what they justly deserved. "But it being your majesty's mind, according to your usual clemency, still to offer them mercy; and the killing of the Glenco men being upon that account unwarrantable, as well as the manner of doing it being barbarous The ADDRESS of the Noblemen, Barons and and inhuman, we proceeded to vote the killing Burroughs in Parliament, humbly pres of them a murder, and to inquire who had sented to his most Sacred Majesty upon the given occasion to it, and were the actors in it. We found in the first place that the master Discovery communicate to them, touching the Murder of the Glenco-men in Fe-of Stair his letters had exceeded your mabruary, 1692: jesty's instructions towards the killing and destruction of the Glenco-men: this appeared by the comparing the instructions and letters, whereof the just attested duplicates are herewith transmitted; in which letters the Glencomen are over and again distinguished from the rest of the highlanders, not as the fittest subject of severity, in case they continued obstinate, and made severity necessary according to the meaning of the instructions; but as men absolutely and positively ordered to be destroyed, without any further consideration, than that of their not having taken the indemnity in due time; and their not having taken it, is valued as a happy incident, since it afforded an op. portunity to destroy them; and the destroying of them is urged with a great deal of zeal, as a thing acceptable and of public use; and this zeal is extended even to the giving of directions about the manner of cutting them off; from all which it is plain, that though the instructions be for mercy to assist all that will submit, though the day of indemnity was elapsed, yet the letters do exclude the Glencomen from this mercy. "We your majesty's most loyal and dutiful subjects, the noblemen, barons and burroughs assembled in parliament, do humbly represent to your majesty that in the beginning of this session, we thought it our duty, for the more solemn aud public vindication of the honour and justice of the government, to inquire into' the barbarous slaughter committed in Glenco, Feb. 1692, which hath made so much noise, both in this kingdom and your majesty's other dominions: but we being informed by your majesty's commissioner, that we were prevented in this matter by a commission under the great seal for the same purpose, we did upon reading the said commission, unanimously acquiesce to your majesty's pleasure, and returned our humble acknowledgments for your royal care in granting the same; and we only desired that the discoveries to be made should be communicated to us, to the end that we might add our zcal to your majesty's for prosecuting such discoveries; and that in so national a concern, the vindication might be also public as the reproach and scandal bad been; and principally that we, for whom it was VOL. XIII. "In the next place we examined the orders given by sir Thomas Levingston in this matter, ! 3N and were unanimously of opinion that he had were the actors in the slaughter of the Glencoreason to give such orders for cutting off the men under trust, and that we should address Glenco-men, upon the supposition that they your majesty to send them home to be prosehad rejected the indemnity, and without mak-cuted for the same according to law. ing them new offers of mercy, being a thing in itself lawful, which your majesty might have ordered; but it appearing that sir Thomas was then ignorant of the peculiar circumstances of the Glenco-men, he might very well understand your majesty's instructions in the restricted sense which the master of Stair's letters had given them, or understand the master of Stair's letters to be your majesty's additional pleasure, as it is evident he did by the orders which he gave, where any addition that is to be found in them to your majesty's instructions, is given not only in the master of Stair's sense, but in his words. "We proceeded to examine colonel Hill's part of the business, and were unanimous that he was clear and free of the slaughter of the Glenco-men; for though your majesty's instructions, and the master of Stair's letters were sent strait from London to him, as well as to sir Thomas Levingston, yet he knowing the peculiar circumstances of the Glenco-men shunned to execute them, and gave no orders in the matter, till such time as knowing that his lieutenant-colonel had received orders to take with him 400 men of his garrison and regiment, he, to save his own honour and authority, gave a general order to Hamilton, his lieutenantcolonel, to take the 400 men, and to put in due execution the orders which others had given him. "Lieutenant-colonel Hamilton's part came next to be considered, and he being required to be present, and called, and not appearing, we ordered him to be denounced, and to be seized on wherever he could be found; and having considered the orders that he received, and the orders which he said before the commission he gave, and his share in the execution, we agreed that from what appeared, he was not clear of the murder of the Glenco-men, and that there was ground to prosecute him for it. "This being the state of that whole matter as it lies before us, and which, together with the report transmitted to your majesty by the commissioner (and which we saw verified) gives full light to it; we humbly beg that considering that the master of Stair's excess in his letters against the Glenco-men has been the original cause of this unhappy business, and hath given occasion in a great measure to so extraordinary an execution, by the warm directions he gives about doing it by way of surprize; and considering the high station and trust he is in, and that he is absent, we do therefore beg that your majesty will give such orders about him for vindication of your government, as you in your royal wisdom shall think fit. And likewise considering that the actors have barbarously killed men under trust, we humbly desire your majesty would be pleased to send the actors home, and to give orders to your advocate to prosecute them according to law; there remaining nothing else to be done for the full vindication of your government of so foul and scandalous an aspersion as it has lain under upon this occasion. "We shall only add, that the remains of the Glenco-men, who escaped the slaughter, being reduced to great poverty by the depredation and vastation that was then committed upon them, and having ever since lived peaceably under your majesty's protection, have now applied to us that we might intercede with your majesty, that some reparation may be made them for their losses. We do humbly lay their case before your majesty, as worthy of your royalTM charity and compassion, that such orders may be given for supplying them in their necessities, as your majesty shall think fit. "And this the most humble Address of the estates of parliament is, by their order and warrant, and in their name, subscribed by, may it please your majesty, your majesty's most Major Duncason, who received orders from humble, most obedient, and most faithful subHamilton, being in Flanders, as well as thoseject and servant, "ANNANDALE, P. P." to whom he gave orders, we could not see these" July 10, 1695. This Address orders; and therefore we only resolved about Voted and approven." Then it was recommended to his majesty's him, that we should address to your majesty, either to cause him be examined there in Flanders about the orders he received, and his know-commissioner, to transmit to the king the said ledge of that affair, or to order him home to be address, with duplicates of the king's instrucprosecuted therefore, as your majesty shall tions, and of the master of Stair's letters. think fit. "In the last place, the depositions of the witnesses being clear, as to the share which capt. Campbel of Glenlyon, capt. Drummond, lieutenant Lindsey, ensign Lundie, and serjeant Barber had in the execution of the Glencomen, upon whom they were quartered; we agree that it appeared that the said persons Moved, That his majesty's commissioner have the thanks of the parliament for laying the discovery made of the matter of Glenco before them, and that the commissioners have the like for their careful procedure therein; which being put to the vote, approve, or not, carried in the affirmative, nemine contradicente; which his majesty's commissioner accepted of. 401. Proceedings against THOMAS AIKENHEAD, for Blasphemy: 8 WILLIAM III. A. D. 1696. [Now first printed from the Records of Justiciary in Edinburgh, and MSS. the property of Lord King.*] CURIA JUSTICIARLE, S. D. N. Regis tenta in lawes of this and all other well-governed Pretorio Burgi de Edinburgh, vigesimo Christian realmes, the cryme of blasphemy tertio die mensis Decembris 1696, per ho- against God, or any of the persons of the blessed norabiles viros Adamum Cockburne de Trinity, or against the holy Scriptures, or our Ormistoune Justiciarium Clericum, Do-holy religione, is a cryme of the highest naminos Colinum Campbell de Aberuchill, Davidem Hume de Crocerig, Joannem Lauder de Fountainhall, et Archibaldum Hope de Rankeiller, Commissionarios Justiciarij dicti S. D. N. Regis. Curia legittime affirmata. Intran' Thomas Aikenhead, sone to the deceast James Aikenhead, chirurgeon, in Edinburgh, prisoner in the Tolbuith thereof. YOU are indyted and accused, att the in stance of sir James Stewart, his majesties advocat for his highnes interest, and by speciall order of the lords of his majesties privy councill, that where by the laws of God, and by the * These MSS. for the use of which I am indebted to his lordship, appear to have belonged to the great Locke, the maternal uncle of lord chancellor King. ture, and ought to be severely punished: Lykeas by the act of parliament, first parliament Charles 2d, act 21, Intituled, act against the cryme of blasphemie, it is statute and ordained, that whosoever not being distracted in his witts shall raill upon or curse God, or any of the persons of the blessed Trinity, shall be processed before the cheife justice, and being found guilty, shall be punished with death"; and by 11th act, 5 session of the present current parliament, the forsaid act is not only ratified, but it is farder statute, that whosoever shall in their wryteing or discourse denye, impugne or quarrell, or argue, or reason against the being of God, or any of the persons of the blessed Trinity, or the authority of the holy Scriptures, of the Old and New Testaments, or therein, which by the statute subjected the offender to a capital punishment. "Besides these defences, had the court been endued with the humanity to appoint counsel for the prisoner, it would undoubtedly have +"No counsel appeared for the prisoner; nor been pled for him, that these were rash words, does it seem that one word was urged in his be-drawn from him in the heat of controversy, half during the course of the trial. Four or which by no means coincided with his serious five witnesses were examined, one of them a notions; and that he heartily repented of writer in Edinburgh, the rest students at the the warmth which betrayed him into expressions so dissonant from his own sentiments, and so University, lads from eighteen to twenty, or twenty-one years of age. They proved most offensive to the feelings of others.-Had these of the articles of the libel, with this addition, defences been offered for him, the jury could that the prisoner said he was confident Chris- not, without being guilty of perjury, have contianity would be utterly extirpated by the year victed him of obstinately persisting to deny the 1800. There was however a material defect Trinity, which the statute required." Arnot, in the evidence. The article most highly cri- 326. minal, viz. the railing against God, and cursing our Saviour, was not proved at all, but was an inference drawn by the jury from the prisoner's cursing Ezra, and saying that the inventors of the scriptural doctrines would be damned, if there be such a thing as damnation. According to Arnot the following passage in Fountainhall relates to the father of this Thomas Aikenhead: "April 20. James Aikenhead apothecary in Edinburgh is pursued before the privy council, The jury unanimously found the pri- for selling poisonous and amorous drugs and soner guilty of railing against God, railing at philters to provoke lust, whereby a woman had and cursing Christ, and of the whole other narrowly escaped with her life, had not doctor articles in the libel. This verdict the jury, even Irvine given her an antidote. The council re by the statute, were not warranted to pro-ferred the trial and report thereof to the college nounce. The railing against God, and cursing Christ, ought to have been facts directly proved, and not inferences drawn from cursing the inventors of scriptural doctrines; and as for denying any of the persons of the Holy Trinity, it was not the denial, but obstinately persisting of physicians, as being periti in urte; who thought such medicaments not safe to be given without first taking their own advice." Of the case of this man, (miscalled Aiken) there is a short report in Maclaurni. |