The return of Lady Lovat to her family was of no avail in mitigating the indignation of the Marquis of Athole. By his influence with the Privy Council, who were, it is said, completely under his control, he procured an order from King William for the march of troops against the clan of Fraser, with instructions, according to Simon Fraser, to overrun the country, to burn, kill, and to destroy the whole clan, without exception; and, without issuing a citation to Thomas Fraser of Beaufort, or to his son, to appear--without examining a single witness--a printed sentence was published against all the Frasers, men and women and children, and their adherents. Even the sanctuary of churches was not to be respected: "in a word," says Lord Lovat's Manifesto, "history, sacred or profane, cannot produce an order so pregnant with such unexampled cruelty as this sentence, which is carefully preserved in the house of Lovat, to the eternal confusion and infamy of those who signed it."[153] The Government which sanctioned the massacre of Glencoe was perfectly capable of issuing a proclamation which confounded the innocent with the guilty, and punished before trial. The Master of Lovat assembled his clan. That simple and faithful people, trusting in the worth and honour of their leader, swore that they would never desert him, that they would leave their wives, their children, and all that they most valued, to live and die with him. An organized resistance was planned; and the Master of Lovat intreated his father, as he himself expressed it, with tears, "to retire into the country of his kinsmen, the Macleods of Rye." The proposal was accepted, and Thomas of Beaufort, for he never assumed the disputed title of Lord Lovat, took refuge among that powerful and friendly clan. The prosecution against the Master of Lovat was, in the mean time, commenced in the Court of Justiciary; "the only case," so it has been called, "since the Revolution, in which a person was tried in absence, before the Court of Justiciary, a proof led, a jury inclosed, a verdict returned, and sentence pronounced; forfeiting life, estate, honours, fame, and posterity."[154] None of the parties who were summoned, appeared. The jury returned a verdict finding the indictment proved, and the Court adjudged Captain Fraser and the other persons accused, to be executed as traitors; "their name, fame, memory, and honours, to be extinct, and their arms to be riven forth and deleted out of the books of arms; so that their posterity may never have place, nor be able hereafter to bruite or enjoy any honours, offices, titles, or dignities; and to have forfeited all their lands, heritages, and possessions whatsoever."[155]