THOUGH I be none of the most Curious to pry into Foreign Matters, yet the various Reports we have had of the Proceedings of, and Contests be­twixt some of the Members of the Scots Parliament, prom­pted me to desire the Favour of you (as a Person I believe not much concerned in Factions or Parties) to let me know something of the Matters of Fact were in agitation there: As also who these Persons are, and their Actions have been, occasioned such great Heats concerning them, at such a Juncture, when all good men ought to be cemen­ted for the good of the Publick, and ought to stand by one another, as one man, to oppose the Evil Designs of the Com­mon Enemy. For my part, I find in ordinary Conversa­tion, that both good and bad People speak generally of these matters, as they affect such Men and Parties, &c.

Sir, I will avouch that my steadfastness to the present Government is known by good men to be such, that I can­not in Justice be termed disaffected; and my Interest is so little with particular Parties, that I dare tell so much of the truth to the Government's Friends, and my own also, as is convenient: Will therefore strain my Inclinations to give you a succinct Account of some Matters of Fact; as also [Page 2] what I could learn concerning these men you writ of, which can give no Offence: And though my Obligations to Great Men (since the late Happy Revolution) be little, yet will do them all the Justice imaginable. But before I come to answer your Expectation in Particulars, will take the free­dom (by way of a Rustical Preamble) to Paraphrase a little upon some Wise Men's Sentences. Seneca said, That the most Universal Vice in the World was Ingratitude, be­cause Punishable by no Statute Law, but by Publick Hatred and the Discourse of the Schools, which is said to be the greatest Punishment; yea, Ingratitude sways the Scepter in most places, as well in private as in publick men. Some men were ungrateful to their Countries, (of whom we could name several) and some Countries were ungrateful to their own Worthy, Loving, and Affectionate Children: Pride, Contempt, Avarice, and Envy, are said to be the chief Reasons, and seldom all these concur without Malice and height of Rigour: But I suppose that that part of a Nation is either the Indocile, Ignorant, or Vicious. So­crates suffered for doing good to his Country, even whilst he was doing good to his Country-men in Prison; they con­demned, and put him to Death. Some will Object, That there is some secret Crime brings on a Punishment, and suffers for Crimes they may not be guilty of; and so it's their Judgment. But be it so or not, that's neither Argument nor Excuse for the Instrument's being Cruel or Ungrate­ful, to Punish by guess, without a fair Tryal, and Consci­entious Jury, in Estate, Fame, or Body; for he who makes no scruple to take away a man's Good Name, will make no steps to take his Life also if he can.

Philosophers as well as Historians declare, That the Epi­cureans denyed a Providence, but that the Stoicks asserted it; whatever might be in that Contest amongst the Ancient Heathens and Modern pretended Atheists, yet we, who as­sume the name of Christians, must not only own a Provi­dence, [Page 3] that it over-rules all Actions, Motions, and Events, exalteth one, and pulleth down another; but also createth Friends and Enemies, and that a Society of good as well as of bad Men may differ in Opinion, which oftentimes occasions not only Jealousies, Emulations, and Debates, but also Strifes, Contentions, Threats, Persecutions, War, and the Death of many well and evil designing Men. Cato struggled long before the People of Rome could understand his Counsels to be for their Good and Safety; he was af­fronted and contemned by them, nor did they ever con­sider his worth till they lost him. Scipio was dismist, Ci­cero exiled, and Seneca destroyed, he by a Tyrannical Prince only for his goodness. Paul suffered as an evil doer; yea, our Saviour himself was contemned, set at nought, and condemned to the shameful Cross by his Coun­try-men, out of Pride and Ignorance, for his kindness and goodness to them. So it's no new thing for good and bad Men to be mistaken, and others to be mistaken of them. It is an Ancient saying, That Loyalty often suffers the Punishment due to Rebels, and Treason receives the Reward of Fidelity. There may be two principal Rea­sons for this; Ignorance, and Depravity of mens Natures. Ignorants not being Judges of Men fit for Government, nor the Governour's Actions, or Secrets of State, which is generally the failure or mistakes of the Populace. Here you will always find Improbarum Duces, who influences the blind Populace vela dare suae fortunae, to accomplish their Designs, though it were upon the Ruins of the Com­mon-wealth. And under the Second may be comprehen­ded all the Vices of the Mind, which would be too long to be named here; only this one observed by the wise, That we have the Wickedness of other men always in our Eyes, but cast our own over our shoulders Lintae foris talpae domi.. This con­firms all the Proofs of the former Reasons of Ingratitude. Whence it comes to pass, that a Peasant would be a Tri­bune, [Page 4] a Tribune a Praetor, a Praetor a Consul (as the Phi­losopher said) never minding what he had been in a little time before, but looking still forwards to what he would be Fortuna non mutat genus.. I know not but Brutus thought (that when he had destroyed Caesar) to have been Caesar himself; but he had only in place thereof, Remorse left with him, (with, Et tu mi fili Brute) for his great Expectations. Both good and great Men we see are subject to Envy; for some Peo­ple never think themselves happy, till such and such Men be out of their way, as in the case of Haman and Morde­cai; but neither they, nor the Common-wealth can well know the want of such Men till they be gone, when there is no retrieving: For in what sad condition had Esther and the poor Jews been, if Haman had conquered Mordecai? And it had been better for Haman he had let Mordecai a­lone. Upon which Considerations, it were very advisable for Societies, if they be any ways split in Parties, to take the Wise Man's Advice, before they Accuse or Prosecute, and to consider three things: First, their Strength whom they Accuse▪ Secondly, the Enterprize and Merit of the Cause. And Thirdly, the Person or Persons they have to do with­al; and that in respect of their Superiours, Equals, or In­feriours, &c. For as no good Musick, so no good Govern­ment or Society without Concord, which cannot well be without bearing of Injuries. And Epicurus said, That Wise Men will bear with all Injuries, Ardua res haec est, where the Publick is concerned. I will therefore conclude this Point with a Sentence of Seneca's, when in an Epistle to his Friend he was condemning Anger and Choler, he adds a But. But (says he) in case of exemplary and prostitute dissolution of Manners, when Clodius shall be preferred, and Cicero rejected; when Loyalty shall be broken upon the Wheel, and Treason shall sit Triumphant upon the Bench. Is not this a Subject to move the Choler of any Vertuous Man? Now, lest I should weary you too much [Page 5] with a simple Discourse (yet knows it is to my Friend only) I come to satisfie so much your Curiosity as is in my Power, without Reflection or Byass: Nam pacis mihi cura temendae.

Illud amicitiae Sanctum & venerabile nomen

Sed

Dat veniam corvus vexat Censura Columbis,

Hoc Impedit, &c.

As for the Bishop of Galloway, being first in view. In the Year 1686. The late King James having sent the Earl of Morray his High Commissioner to Scotland, with In­structions to Repeal the Penal Laws against Papists; the aforesaid Bishop stood firm to the Protestant Religion, and though very infirm, went every day to the Meetings of Parliament, to give his Testimony against the Courses then in hand; for which there was Evil Designs against him, but that God removed him in great Age and Peace a little time after the Adjourning of that Parliament. He being a Pious, Hospital, and Generous Man, left his Lady (being upwards of Eighty Years old) but poor: His Eldest Daughter was married to one Mr. Patrick Smith, Advocate, many Years before his Decease. His Second Daughter was married to a Parson; and the Third was Run away with, a little time before his Death, by the aforesaid Mr. Duncan Robertson, without the Bishop's or any other Friend's knowledge, the said Robertson judging her to be a great Prize, the other two Daughters being married, and she being then the only Child in Familia.

The aforesaid Mr. Duncan Robertson was a High-land Gentleman's Son, bordering upon Athol and Lochquhaber, bred up something to the Law at Edinburgh, became a Sollicitor that way, and practised that Employ when he Run away with, and married the aforesaid Bishop's Daugh­ter.

[Page 6]When the last Earl of Argile was forfeited in those days, (and his Children scattered here and there, and the Estate being sequestred by the then Publick Authority; and all Argile's Officers and Friends in his vast Dominions being laid aside) he, the said Robertson, what by Money and In­terest he made in those days, stept into the Clerkship of the Sheriff-ship of Argile; but upon the late Happy Re­volution, Argile being restored to his Estate, the said Ro­bertson was justly excluded from the said Office of Clerk­ship; the same being Heritable in the Earl of Argile and his Families Gift, past memory of Man.

The Lord Viscount Stair, he is the Representative of the ancient Family of the Dalrymples of Stair, a Barony in the County of Kyle in the West of Scotland, he being educated in, and endowed with all manner of Learning and Sciences of our Horizon, was received into the faculty of A Coun­sellor at Law. Advocates, in the year 1648. having before had (when but very young) a considerable Post in the Army, verify­ing Ovid's Phrase in him, Pace data terris ad civilia, &c.

In the year 1650. he was made choice of by the then Parliament, to be Clerk or Secretary to the Committee of the Parliament, and Ministers went for King Charles II. to Holland, where he not only gave great Satisfaction by his behaviour to the Committee of Parliament, and all concerned in the said Transaction, but likewise King Charles took particular notice of him, &c.

Upon the Restauration of King Charles II. he was Cre­ated Knight and Baronet, and advanced to be one of the Lords of Or one of the 15 Judges Session, at which time he began to observe and write the Cases. Decisions of the Lord of the Session, and afterwards digested them with former and after Observati­ons of his own and others, in a System or Body, these being Presidents or Rules to Decree by, (afterwards) in parallel Cases.

[Page 7]In the year 1662. The Presbyterian Government being abolished, and the Episcopal Government established in Scotland, there was a Declaration formed, abjuring the Presbyterian Government, all its consequences, and all the Oaths formerly taken: Which Declaration he not being clear to take, left the Bench, travelled abroad, and coming to Court after his Travels, King Charles Excused and Resto­red him to his Place again, dispatching a Letter to the Lords of the Session, (signifying that Sir James Dalrimple of Stair, having given him full satisfaction in relation to the said De­claration) required them to receive him again to the Bench, without signing the same. Thus I find it marked in the Books of Sederunt of the Lords of the Session, Anno 1664. (c) Journal. Then it was that he began to compose a System of the Civil Law, intermixt with the Law of Scotland, and Pra­ctises and Presidents of that Soveraign Court, which makes the Law intelligible and known to all the King's Subjects there, who can read English.

When Sir John Gilmor (being then Or Lord Chief Justice. President of the Session) was called up to Court to draw up the Contract (or Articles) of Marriage between the Duke and Dutchess of Monmouth, the Lord Stair was chosen vice Praeses of the Session, as he was several times afterwards, when Sir John Gilmor turned infirme. And all along when the said Lord Stair was a single Lord of the Session, and sitting by turns on the Bench in the outer house, where most of the Cases and Processes are heard and decreed in the first instance by a single Lord, and where the Judges as to their parts, Judg­ment, Justice, or Injustice, are mostly known, having none other of the Lords Votes to interfere with their Judgment. He had the greatest Character of Dispatch and Justice of any Man that ever sat upon that Bench; all Men being desi­rous to have their Cases brought and tried before him Qui vindice nullo sponte sua sine lege fidem rectumque co­lebat..

In the year 1670. he was one of the Lords who went up to Court about the Union, designed then between England [Page 8] and Scotland: at which time Sir John Gilmore (the then Pre­sident of the Session) died, 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 Beatus ille qui procul à negotii, &c. Horat. car. 5..

In Winter 1679. The Duke of York being sent to Scot­land, ('twas 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) 'twas 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 [Page 9] 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 The Ar­ticles was a Committee of Parliament then in use, made up of the 8 States­men, 8 Noble­men, and so many Bishops, and 8 Burgers, and the Com­missioner and Statesmen ru­led all there. 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 [Page 10] 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 Ʋtricht, and then writ a System of Na­tural Philosophy. His Lady was harrass'd, and forced to [Page 11] 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 Or Par­don. 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 [Page 12] 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 Hic murus aheneus esto, nil conscire sibi nulla palescere culpa.?

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, [Page 13] 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 Attorney General. 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 [Page 14] 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 [Page 15] 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 [Page 16] 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.

[Page 17]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 a Decree. 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 sic stetit sen­tentia. 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 [Page 18] 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 A Sist is a stop of Ex­ecution of a Decree by a Judge for a certain limi­ted time. 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, Lord Stair pay Tithes to the Bishop. and had an An Abate­ment. 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 Pre­sence of, and by the unani­mous consent of all 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 Produced. 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 [Page 19] 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 [Page 20] 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 Or Annu­ity. 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. [Page 21] 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 [Page 22] 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.

[Page 23]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 'twas 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 [Page 24] 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, 'tis 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) [Page 25] 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 [Page 26] 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 sig­nifies the day appointed in the Indemni­ty to come in by. 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 [Page 27] Four or Five Hundred Miles (and being informed by all hands that they were Nests of Thieves and Robbers) His Majesty, after refusal of many offered mercies, sent to treat them as Enemies and Rebels: Yet at the same time His Majesty, by his Instructions, as I am Informed, left room for Mercy to them, according to Discretion, and Circumstances of Time and Affairs, which is all could be expected in Reason from His Majesty.

The Master of Stair, Secretary of State, writ Let­ters, it seems, likewise at the same time to the Govern­ment, or Officers of the Army there, much to the same purpose, but (it's said) in severer terms, and ex­ceeding His Majesty's Instructions, to treat them like the men they were represented. What may be in this, we know not, not having seen the Master's Letters; but many wish that they, and all the Instructions relating to that matter of the Glenco-men, had been Printed, to undeceive the generality of good men, who speak as they affect, but could make no true Judgment of the matter as it then stood, only this, That the Parliament has been very Zealous to discover at whose Door the fault (in killing the Glenco men) lies. That they were killed in cold Blood, and under Trust Faber est quisque fortunae suae., judging them­selves secure and safe (with their Thirteen days Guests or Lodgers) is undeniable. But in fine, The Parlia­ment, as you have it in Publick, finds that His Maje­sty's Orders and Instructions had Mercy in graemio, so that it cannot lodge there, and God forbid it should. They have likewise voted Sir Thomas Livingstoun, Com­mander in Chief of His Majesty's Forces in Scotland (who sent the Orders to Col. Hill, Governour of Fort William, and Hamilton, his Lieutenant-Colonel) clear of it, as also Col. Hill, have summoned Lieutenant-Colonel Hamilton to appear before them, to Answer concerning the said matter; and upon further Scrutiny where the said Murder will fix, I know not ( Gramma­tici [Page 28] certant, & adhuc sub judice, lis est) for the com­mon Souldiers will readily say, that they obeyed but their Superiour Officer's Command; and the Master of Stair's Friends here say, that they desire the Master's Letters to be Printed, that the World may judge of them; and if he be judged to have exceeded Bounds, or His Majesty's Instructions, it was his Zeal for the Government, but never intended at the same time that these men should be killed in cold Blood; and that he did not at all know that any of the Glenco-men had ta­ken the Oaths, (either before or after the Diet) when he writ these Letters, being at Court Four or Five Hun­dred miles distant, as said is; so it's wish'd the men, who had the Trust of the Execution of the matter upon the spot, had acquainted the Court or our Government of these unhappy mens then Circumstances, before they went so far on, in which case I doubt whether any of them had been killed or murdered, and consequently no Reflection had been upon any part of the Goverment, or any ever mentioned in the Affair. It's an old saying, That the Counsels of Wise Men are certain, but Events uncertain.

As for my own part, I know nothing of it, but God in Heaven, and the Master of Stair himself knoweth best if he be guilty of a designed murder of these men, or any others: Nor will I Argue about any Point such a Wise, Loyal Parliament have voted or found. But this I may say, That I do not understand where the Master of Stair's Interest lay to destroy the Glenco men, for if he be any ways suspected to be a Jacobite, it was not his Interest upon that score to destroy them by any means in Scotland, their Religion and blind Zeal bending them then altogether that way, whatever new Light these who are living of them have found of late, and if he be thought to be a Church of England man (though that be against our present Constitution, yet no man in [Page 29] his right Wits will call it a Crime.) These men were not Presbyterians, to be destroyed upon that score; nor do I think any man would be so mad as to bribe him to kill them by Authority, without the Hand of Justice going along with it. Some good-natured People may say, out of good will to the Master, that they were Idle men, Robbers, Thieves, & Telluris inutile pondus, Granting all that yet a Statesman's Interest was, to make their Young men Souldiers, or to send them to the Plan­tations, which had been to good purpose. But a man of his Trust, Capacity, and Reason, to be Accessory to their Destruction in cold Blood, is unaccountable. And being the Honourable Parliament has found that Slaughter a Murder (as no doubt it was) in the man­ner it was done, and that the Master exceeded His Ma­jesty's Instructions, it were a very pertinent Question to ask, What under God's Heavens, was the Master's Byass in the matter? I can imagine none. There was an In­formation Printed and dispersed (as you heard formerly) by Commissary Dalrymple (hearing that his Brother, the Master of Stair, and his Letters were made mention of in the Commission appointed for Examining the Glenco Business) in Vindication of his Brother's Behaviour and Conduct, as Secretary of State, in the said Affair; Re­presenting, That if People did Construct some Para­graphs, Sentences, or Periods of his Brother's Letters so and so, without connexion of other Sentences, &c. without hearing (in his own absence) they did not know what to say of it. But if one Sentence, &c. were con­nected with others, the whole would not bear the Com­mentaries the People might put upon them separatim, It's a say­ing of the great Seneca. That the best way to help every thing by a fair In­terpretation, and where there is a doubt, is, to allow it the most favoura­ble Constru­ction. and several other Arguments to this purpose. The dispersing of which Informations, after the Commis­sion's Sentiment (and they being ready to report their Opinion in open Parliament) gave Offence to the Par­liament. He said, his Printing and Dispersing of them, [Page 30] was before the Vote of Parliament, and said, he intend­ed to give no Offence, mean time he was reprimanded, and was obliged to beg Pardon.

The Parliament since Summoning of Lieutenant-Co­lonel Hamilton, have declared him Fugitive, for not appearing, he is gone since into Flanders, as we hear, to wait upon His Majesty. The Parliament have like­wise made an Address to the King, to send Persons home, who may be found Guilty, to be prosecuted for the said Murder, or not, as His Majesty thinks fit.

Sir, This Parliament have done great things for His Ma­jesty's Service, and Safety of the Publick: For though there might have been some misunderstandings between some of the Members, yet all concurred unanimously to serve the King and the Country. You know what was said concern­ing the Nation and Common-wealth of the Romans,

For great matters take up much time to effectuate the ends proposed; so as we have had good beginnings, good proceed­ings, hopes all our matters will end well; for though the al­most desperate and uneasie Jacobites (who but fish in muddy Waters) should vaunt upon the occasion of some Accidents, (as to see some honest, well-meaning men differ only in Points of Opinion,) they being a People soon elevated to Castles of the Air, and soon cast down to the Dust, yet all the bustle they make, comes to nothing at last, but exposes themselves the more to folly. And I am very apt to believe, that all our seeming Differences would evanish upon the sight of our most Gracious King's Presence, upon his Throne in our Parliament; so will conclude with a great Moralist's saying, or to this pur­pose, That by the two Blessings of Reason and Union, we might secure and defend our selves against the violence of For­tune; Sense and Reason we have enough, and what is want­ing of the latter, I hope the Defeat of Lewis Le Grand, and our most Gracious King's (I mean King William's) Presence once here in our Parliament, would, I am certain, effectuate. I long to see His Majesty here. Vale, & bene valeat & Vivat Rex noster Gulielmus.