After this correspondence, the unhappy brother of the two young officers had every reason to conclude that the delinquent would very soon be brought to justice. He wrote to Mr. Cardonnel, secretary to the Duke of Marlborough, in grateful terms for the kind intercession employed for him. What was afterwards his astonishment to find that Sinclair was allowed to serve in the British army in the sieges of Lisle and Ghent, and eventually received in the Prussian service! The evident favour of the Duke is fully shown in the following passage from the Master of Sinclair's narrative:
"I was obliged to quit [the army] for two misfortunes which happened in a very short time, one after the other, notwithstanding of the court-marshall's recommending me to the General, his Grace the Duke of Marlborough's mercy, which was always looked on as equal to a pardon, and which I can aver was never refused to any one but myself. Nor was his allowing me to serve at the sieges of Lisle and Ghent precedented on my giving my word of honour to return to arrest after these sieges were over, which I did and continued (prisoner) till his Grace the Duke of Marlborough sent his repeated orders to make my escape, which I disobeyed twice; but at last being encouraged by his promise to recommend me to any prince that I pleased, for these were his words, I went off, and procured his recommendation to the King of Prussia, from whose service, which I may say is of the strictest, I came back to serve in the Low Countries, where I continued until the end of the war, at which time her Majesty Queen Anne having, as it is said, turned Tory, vouchsafed me her pardon."
These marks of indulgence to Sinclair fell heavily upon the heart of him who still mourned two promising brothers, sent to an untimely grave by brutal revenge. The following letter from Sir John Schaw is beautifully and touchingly expressed.[227] What effect it produced upon the great but not faultless man to whom it was addressed, can only be known by the impunity with which Sinclair, his hands being imbued in the blood of his countrymen, continued in the Prussian army, and afterwards returned to Scotland.
"It is with very great regrate that I give your Grace any further trouble on account of the melancholy story of my two brothers, who had the misfortune to be murthered in the space of three dayes by Lieutenant Sinclair, then in the regiment of Prestoun, in the year 1708. Your Grace was at the paines to be informed of the whole case, and the murtherer, being a man of quality, had many to intercede for him; your justice did overcome all other considerations and indeed nothing could be more worthie of the great character your Grace has, and the glorious name you must leave to posterity, than the punishment of so cruel and bloodie a fact; but the criminal escaped, and the sentence of death pronounced by the court-martial, and confirmed by your Grace, was not executed; and I, having done all I could to bring the murtherer of my unfortunate brothers to condign punishment, was satisfied to pursue him no further, tho' the atrocity of the crime committed against the law of nations would have affoarded me ground to have prosecuted him in any country where he could have been found. But to my surprize and sorrow, I have of late been informed that Lieutenant Sinclair has added to the repeated murthers the impudence of returning, an officer in a Prussian regiment, to the army, where he was condemn'd, as it were to affront justice, and glory in what he has done. I am wel persuaded, that if his guilt had been known to the King of Prussia or his Generals, his Majesty would not have suffered so odious ane offender to be entertained in his service. Nor can the Generals or Ministers of Prussia have anything to plead, why a sentence pronounced by a British court-martial against one of hir Majesty's subjects, and confirmed by your excellency her Generall should not now be executed. I am confident your Grace will not sufferr publick justice to be insulted in that affair, and I doe in the most humble and earnest manner begg that your Grace would cause apprehend the murtherer, that justice may be done upon him for his barbarous and bloodie crimes. I had about two years ago four brothers, of whom I may without vanity say, they were very gallant gentlemen; two were murthered by Lieutenant Sinclair; the third died in the roome with one of these, partly of his wounds received before Lille, and pairtly out of griefe for his brothers' misfortunes, so that the offender is not innocent even of his blood; the fourth was killed at the battle of Mons. The blood of these that were barbarously slain, call for vengeance; the law of God and nature requires it. They had, and I in their name have a claime, in a particular manner, to your Grace's justice, they having been all four under your Grace's command; forgive it to my natural affection, if I use arguments with your Grace to do an act of justice when the whole world, and I in particular, have such proofs of the greatness of your minde and virtue, I shall only add my most sincere and humble acknowledgement of your Grace's justice and dispatch in the melancholie affair, of which I shall ever retain the most gratefull sense; and remain under the strictest tyes of dutie, with the most profound respect, my Lord, your Grace's most humble, most obedient, obliged, and faithful servant," &c.
With this letter, and some memorials of Sir John Schaw's public service, end all known appeals for justice on the murderer. But conscience avenged the crime. Many years afterwards, when living in opulence upon his patrimonial estate at Dysart in Fife, the Master received from an humble individual a bitter, though involuntary reproach. When preparing to cross the Frith, he stopped at an inn in order to engage a running footman to attend him. Detested by his neighbours, and ever in dread of the Schaws, Sinclair preserved a sort of incognito. A youth was presented for his approval. The Master inquired of the young candidate what proof he could give of his activity, on which this remarkable reply was given: "Sir, I ran beside the Master of Sinclair's horse when he rode post from the English camp to escape the death for which he was condemned for the murder of the two brothers." "The Master," adds Sir Walter Scott, "much shocked, was nearly taken ill on the spot."[228]
During the insurrection of 1715, the Master of Sinclair took at first an active part, and became the commander of a company of Jacobite gentlemen of Fife. He joined the Earl of Mar at Perth,[229] and was employed in an expedition which gained some credit to the Jacobites. Some arms having been brought out of Edinburgh for the use of the Earl of Sutherland, and being put on board a ship at Leith, the Earl of Mar resolved to intercept these supplies. The wind being contrary, the master of the vessel thus loaded had dropped into Brunt Island, and had gone into the town on that island to see his family. A party of four hundred horse and as many foot was meantime detached on the second of October, 1715, and arrived at the island about midnight. They pressed all the boats in the harbour, and boarded the vessel, carrying off three hundred and six complete stand of arms, together with a considerable number which they found in the town. This expedition was skilfully contrived and managed, the horse surrounding the town whilst the foot ransacked it; and the invasion was made so silently that the Duke of Argyle gained no tidings of it.[230]
After this exploit the Master of Sinclair returned to the camp at Perth, there to promote, if not actually to originate, divisions which were fatal to the cause which he had espoused. Lord Mar, in his letters, charges him, indeed, distinctly with being the very source of the dissensions which soon sprang up among the Jacobite chiefs.[231] The temper of Sinclair could ill brook submission to the Earl of Mar, whom, as a General, he soon ceased to respect; and for whose difficult situation he had no relenting feelings. "The Master," writes Sir Walter Scott, "who was a man of strong sense, acute observation, and some military experience, besides being of a haughty and passionate temper, averse to deference and subordination, soon placed himself in opposition to the general, whom he seems to have at once detested and despised."[232]
The unfortunate result of the siege of Preston, soon brought to light the discontents which the Master had nourished among the followers of Mar. Parties had, indeed, for some time agitated the camp. When the disasters in England gave them a fresh impulse, and Lord Mar feelingly, and perhaps not too severely, described the influence of Sinclair when he bitterly describes him as "a devil in the camp, known in his true colours when calamity had befallen those with whom he was in conjunction." It was henceforth in vain that Mar, to use his own expression, "endeavoured to keep people from breaking among themselves until the long-expected arrival of the Chevalier should, it was hoped, check the growing jealousies in the camp;" a party arose, headed by Lord Huntley, Lord Seaforth, and the Master of Sinclair, who soon obtained the name of the Grumbler's Club, and who rendered themselves odious to the sincere and zealous Jacobites.
Lord Huntley appears from Lord Mar's representations, "to have been completely under the influence of the Master." "Lord Huntley," writes Lord Mar, "is still very much out of humour, and nothing can make him yet believe that the King is coming. He intends to go north, under the pretext of reducing Lord Sutherland, and his leaving us at this time, I think, might have very bad effects, which makes me do all I can to keep him. The Master of Sinclair is a very bad instrument about him, and has been most to blame for all the differences amongst us. I am plagued out of my life with them, but must do the best I can."[233]