Inquiry
Under Scots law there was a special category of murder, known as “murder under trust”, which was considered to be even more heinous than ordinary murder. The Glencoe massacre was a clear example of such, and the results of the inquiry into it draws parallels with the Nuremberg Trials:
Though the command of superior officers be very absolute, yet no command against the laws of nature is binding; so that a soldier, retaining his commission, ought to refuse to execute any barbarity, as if a soldier should be commanded to shoot a man passing by inoffensively, upon the street, no such command would exempt him from the punishment of murder.
The challenge to the inquiry which had been established, was to apportion blame on those responsible for the massacre, and yet the orders which led to it were signed by the King himself, who could not be seen to be responsible.
The scandal was further enhanced when the leading Scottish jurist Sir John Lauder, Lord Fountainhall was, in 1692, offered the post of Lord Advocate but declined it because the condition was attached that he should not prosecute the persons implicated in the Glencoe Massacre. Sir George Mackenzie, who had been Lord Advocate under King Charles II, also refused to concur in this partial application of the penal laws but, unlike Fountainhall, his refusal led to his temporary disgrace.
The conclusion of the commission was to exonerate the King and to place the blame for the massacre upon Secretary Dalrymple. The Scottish Parliament, after reviewing the commission report, declared the execution of the MacDonald men to have been murder and delegated the "committee for the security of the kingdom" to prepare an address to the king which included recommendations for the punishment of the perpetrators of the plot and compensation to be paid to the surviving MacDonalds. As far as is known, these recommendations were never acted upon except for the imprisonment of John Campbell Earl of Breadalbane for a few days in Edinburgh castle on a charge of high treason because he had been involved in secret talks with the Jacobite chiefs.
Read more about this topic: Massacre Of Glencoe
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