Donald MacDonell.
Castle Carlisle, October 11th, 1746.
P.S.—Remember me in particular to my dear Mr. Robert Forbes.
N.B.—Several persons, particularly the lawyers, agents and writers, insisted much with the Major that he should plead guilty, that being the only probable chance left him for saving his life. He resisted all their importunities without the least wavering. And when they press'd him very hard to comply with their advice he [fol. 80.] boldly declar'd that he had far rather be taken out and hanged at the Bar, in the face of those judges before whom he was soon to be tried, than do any such thing as they desired. Upon which they gave over arguing with him upon the point, and promis'd to exert themselves to the utmost to save so valuable a life.
N.B.—The following narrative is so doubtful that it is not to be relied upon.[48]
Mr. Burnet of Monboddo, Advocate, talking to one of the judges at Carlisle, said that he thought the Government should treat these condemned men with humanity and in a different way from those who are really downright rebels; because, said he, they were influenced in the matter by a principle of conscience, being firmly persuaded in their minds that they were endeavouring to do right to one that was injur'd, and whom they look'd upon as their only lawful sovereign, having no ill design at all against the person, family or estate of King George, but wishing him to return to his own place; and therefore their rising in arms could not strictly be look'd upon as proceeding from a spirit of rebellion. The judge answered: 'Sir, If you design to plead the cause or to soften the case of your countrymen, you hit upon the worst argument in the world, for the Government is positively determin'd by all means to extirpate these folks of principle.' This happen'd in a private conversation.
Robert Forbes, A.M.
The Speech of David Morgan,[49] Esquire.
1746 30 July.
[fol. 81.] It having been always deem'd incumbent on every person in my situation to say something of himself and the cause he suffers for, I could not decline it, however disagreeable to my persecutors, when I once held it my duty.
The cause I embarked in was that of my liege sovereign, King James the Third, from an opinion I long since had of his just right; an opinion, founded on the constitution, and strongly recognised and established by an Act of Parliament, now in its full vigour, which neither the people collectively nor representatively have any power or authority to subvert or alter. [See the Statute of Charles 2d.] Nor can that law be repealed but by a free Parliament summoned to meet by a lawful king, [fol. 82.] not by a Convention commanded by a foreign prince and usurper, and intimidated and directed by him at the head of a foreign army.