The History of England, from the Accession of James II — Volume 4

by Baron Thomas Babington Macaulay Macaulay

The design was imparted to Sir John Fenwick, celebrated on account of the cowardly insult which he had offered to the deceased Queen. Fenwick, if his own assertion is to be trusted, was willing to join in an insurrection, but recoiled from the thought of assassination, and showed so much of what was in his mind as sufficed to make him an object of suspicion to his less scrupulous associates. He kept their secret, however, as strictly as if he had wished them success.

It should seem that, at first, a natural feeling restrained the conspirators from calling their design by the proper name. Even in their private consultations they did not as yet talk of killing the Prince of Orange. They would try to seize him and to carry him alive into France. If there were any resistance they might be forced to use their swords and pistols, and nobody could be answerable for what a thrust or a shot might do. In the spring of 1695, the scheme of assassination, thus thinly veiled, was communicated to James, and his sanction was earnestly requested. But week followed week; and no answer arrived from him. He doubtless remained silent in the hope that his adherents would, after a short delay, venture to act on their own responsibility, and that he might thus have the advantage without the scandal of their crime. They seem indeed to have so understood him. He had not, they said, authorised the attempt; but he had not prohibited it; and, apprised as he was of their plan, the absence of prohibition was a sufficient warrant. They therefore determined to strike; but before they could make the necessary arrangements William set out for Flanders; and the plot against his life was necessarily suspended till his return.

It was on the twelfth of May that the King left Kensington for Gravesend, where he proposed to embark for the Continent. Three days before his departure the Parliament of Scotland had, after a recess of about two years, met again at Edinburgh. Hamilton, who had, in the preceding session, sate on the throne and held the sceptre, was dead; and it was necessary to find a new Lord High Commissioner. The person selected was John Hay, Marquess of Tweedale, Chancellor of the Realm, a man grown old in business, well informed, prudent, humane, blameless in private life, and, on the whole, as respectable as any Scottish lord who had been long and deeply concerned in the politics of those troubled times.

His task was not without difficulty. It was indeed well known that the Estates were generally inclined to support the government. But it was also well known that there was one subject which would require the most dexterous and delicate management. The cry of the blood shed more than three years before in Glencoe had at length made itself heard. Towards the close of the year 1693, the reports, which had at first been contemptuously derided as factious calumnies, began to be generally thought deserving of serious attention. Many people little disposed to place confidence in any thing that came forth from the secret presses of the Jacobites owned that, for the honour of the government, some inquiry ought to be instituted. The amiable Mary had been much shocked by what she heard. William had, at her request, empowered the Duke of Hamilton and several other Scotchmen of note to investigate the whole matter. But the Duke died; his colleagues were slack in the performance of their duty; and the King, who knew little and cared little about Scotland, forgot to urge them. [594]

It now appeared that the government would have done wisely as well as rightly by anticipating the wishes of the country. The horrible story repeated by the nonjurors pertinaciously, confidently, and with so many circumstances as almost enforced belief, had at length roused all Scotland. The sensibility of a people eminently patriotic was galled by the taunts of southern pamphleteers, who asked whether there was on the north of the Tweed, no law, no justice, no humanity, no spirit to demand redress even for the foulest wrongs. Each of the two extreme parties, which were diametrically opposed to each other in general politics, was impelled by a peculiar feeling to call for inquiry. The Jacobites were delighted by the prospect of being able to make out a case which would bring discredit on the usurper, and which might be set off against the many offences imputed by the Whigs to Claverhouse and Mackenzie. The zealous Presbyterians were not less delighted at the prospect of being able to ruin the Master of Stair. They had never forgotten or forgiven the service which he had rendered to the House of Stuart in the time of the persecution. They knew that, though he had cordially concurred in the political revolution which had freed them from the hated dynasty, he had seen with displeasure that ecclesiastical revolution which was, in their view, even more important. They knew that church government was with him merely an affair of State, and that, looking at it as an affair of State, he preferred the episcopal to the synodical model. They could not without uneasiness see so adroit and eloquent an enemy of pure religion constantly attending the royal steps and constantly breathing counsel in the royal ear. They were therefore impatient for an investigation, which, if one half of what was rumoured were true, must produce revelations fatal to the power and fame of the minister whom they distrusted. Nor could that minister rely on the cordial support of all who held office under the Crown. His genius and influence had excited the jealousy of many less successful courtiers, and especially of his fellow secretary, Johnstone.

Thus, on the eve of the meeting of the Scottish Parliament, Glencoe was in the mouths of all Scotchmen of all factions and of all sects. William, who was just about to start for the Continent, learned that, on this subject, the Estates must have their way, and that the best thing that he could do would be to put himself at the head of a movement which it was impossible for him to resist. A Commission authorising Tweedale and several other privy councillors to examine fully into the matter about which the public mind was so strongly excited was signed by the King at Kensington, was sent down to Edinburgh, and was there sealed with the Great Seal of the realm. This was accomplished just in time. [595] The Parliament had scarcely entered on business when a member rose to move for an inquiry into the circumstances of the slaughter of Glencoe. Tweedale was able to inform the Estates that His Majesty's goodness had prevented their desires, that a Commission of Precognition had, a few hours before, passed in all the forms, and that the lords and gentlemen named in that instrument would hold their first meeting before night. [596] The Parliament unanimously voted thanks to the King for this instance of his paternal care; but some of those who joined in the vote of thanks expressed a very natural apprehension that the second investigation might end as unsatisfactorily as the first investigation had ended. The honour of the country, they said, was at stake; and the Commissioners were bound to proceed with such diligence that the result of the inquest might be known before the end of the session. Tweedale gave assurances which, for a time, silenced the murmurers. [597] But, when three weeks had passed away, many members became mutinous and suspicious. On the fourteenth of June it was moved that the Commissioners should be ordered to report. The motion was not carried; but it was renewed day after day. In three successive sittings Tweedale was able to restrain the eagerness of the assembly. But, when he at length announced that the report had been completed; and added that it would not be laid before the Estates till it had been submitted to the King, there was a violent outcry. The public curiosity was intense; for the examination had been conducted with closed doors; and both Commissioners and clerks had been sworn to secrecy. The King was in the Netherlands. Weeks must elapse before his pleasure could be taken; and the session could not last much longer. In a fourth debate there were signs which convinced the Lord High Commissioner that it was expedient to yield; and the report was produced. [598]

It is a paper highly creditable to those who framed it, an excellent digest of evidence, clear, passionless, and austerely just. No source from which valuable information was likely to be derived had been neglected. Glengarry and Keppoch, though notoriously disaffected to the government, had been permitted to conduct the case on behalf of their unhappy kinsmen. Several of the Macdonalds who had escaped from the havoc of that night had been examined, and among them the reigning Mac Ian, the eldest son of the murdered Chief. The correspondence of the Master of Stair with the military men who commanded in the Highlands had been subjected to a strict but not unfair scrutiny. The conclusion to which the Commissioners came, and in which every intelligent and candid inquirer will concur, was that the slaughter of Glencoe was a barbarous murder, and that of this barbarous murder the letters of the Master of Stair were the sole warrant and cause.

That Breadalbane was an accomplice in the crime was not proved; but he did not come off quite clear. In the course of the investigation it was incidentally discovered that he had, while distributing the money of William among the Highland Chiefs, professed to them the warmest zeal for the interest of James, and advised them to take what they could get from the usurper, but to be constantly on the watch for a favourable opportunity of bringing back the rightful King. Breadalbane's defence was that he was a greater villain than his accusers imagined, and that he had pretended to be a Jacobite only in order to get at the bottom of the Jacobite plans. In truth the depths of this man's knavery were unfathomable. It was impossible to say which of his treasons were, to borrow the Italian classification, single treasons, and which double treasons. On this occasion the Parliament supposed him to have been guilty only of a single treason, and sent him to the Castle of Edinburgh. The government, on full consideration, gave credit to his assertion that he had been guilty of a double treason, and let him out again. [599]

The Report of the Commission was taken into immediate consideration by the Estates. They resolved, without one dissentient voice, that the order signed by William did not authorise the slaughter of Glencoe. They next resolved, but, it should seem, not unanimously, that the slaughter was a murder. [600] They proceeded to pass several votes, the sense of which was finally summed up in an address to the King. How that part of the address which related to the Master of Stair should be framed was a question about which there was much debate. Several of his letters were called for and read; and several amendments were put to the vote. It should seem that the Jacobites and the extreme Presbyterians were, with but too good cause, on the side of severity. The majority, under the skilful management of the Lord High Commissioner, acquiesced in words which made it impossible for the guilty minister to retain his office, but which did not impute to him such criminality as would have affected his life or his estate. They censured him, but censured him in terms far too soft. They blamed his immoderate zeal against the unfortunate clan, and his warm directions about performing the execution by surprise. His excess in his letters they pronounced to have been the original cause of the massacre; but, instead of demanding that he should be brought to trial as a murderer, they declared that, in consideration of his absence and of his great place, they left it to the royal wisdom to deal with him in such a manner as might vindicate the honour of the government.

The indulgence which was shown to the principal offender was not extended to his subordinates. Hamilton, who had fled and had been vainly cited by proclamation at the City Cross to appear before the Estates, was pronounced not to be clear of the blood of the Glencoe men. Glenlyon, Captain Drummond, Lieutenant Lindsey, Ensign Lundie, and Serjeant Barbour, were still more distinctly designated as murderers; and the King was requested to command the Lord Advocate to prosecute them.