to have occurred within the fifty years preceding the Rebellion of 1745. In this Rebellion did they display any blood-thirsty atrocity? It were as just to take the character of the people of Scotland from the period and scenes described by Pitscottie in the extract I have quoted, as thus to collect all the revolting anecdotes and repetitions of centuries, and give them as specimens of the Highland character in the days of Rob Roy Macgregor. Even in the seventeenth century, when turbulence was at its height, less atrocity was shown by the Highlanders, than has been exhibited by enlightened nations of modern times, when living at free quarters in an enemy's country. Spain, Portugal, Germany, Russia, Italy, and Egypt, have ample reason to remember the murders, conflagrations, and spoliation of the armies of France. The following statement shows the manner in which the Highlanders comported themselves, when ordered from their mountains, for the special purpose of keeping down the Republican spirit in the south-west of Scotland, and of living at free quarters on the Covenanters, and others inimical to the measures of Government. This was in 1678, when the " Highland Host," (as they were called,) of 8,000 men, were ordered south, to" eat up" the Covenanters. In what manner they obeyed these instructions we learn from an eye-witness, whose account is preserved in Wodrow's MS. in the Advocates' Library. This writer, who evinces no friendship for this "Heathen and Unholy Host," describes their parties sent out for provisions, and the sufferings of the inhabitants, who were beaten and driven out of their houses if they refused to give what they demanded. After a detail of outrages, which, indeed, were to be expected, as it was for this very purpose that they were sent on the duty, he concludes, in a manner hardly to be expected, and certainly very different from the accounts we read of the proceedings of the modern Vandals when overrunning the Continent, and who, if they had forced their way into this country, and had, like the Highlanders, been ordered to live at free quarters, 66 to eat up," harass, and keep down the people, would not perhaps have left the country with such a report of their proceedings as the following. "Yet I hear not," says the writer in Wodrow's MS., "of any having been killed, though many were hurt; but I would not have you think that all the Highlanders behave after the same manner," (going about in parties to collect provisions and plunder.) "No, there is a difference both among the men and leaders. The Marquis of Athole's men are generally commended, both as the best appointed and the best behaved. Neither do I hear of any hurt done by the Earl of Moray's men, but all of them take free quarters, and at their own discretion." Living in this manner, and sent for such a special purpose, none were killed even by the most turbulent. That numbers were hurt in defending their property was to be expected, and it is matter of surprise, that, in such circumstances, lives were not lost.

W. Page 125,

THE tenants of Lochiel and Ardsheal supplied these gentlemen with money, after the year 1745, when their estates were forfeited, and they themselves in exile in France. When the Earl of Seaforth was in similar circumstances, after his attainder in 1716, he experienced the same generous and disinterested fidelity; * and Macpherson of Clunie; though an

* When the rents were collected, for the purpose of being sent to Lord Seaforth in France, 400 of his old followers and tenants escorted the money to Edinburgh to see it safely lodged in the bank. Their first appearance there on this errand caused no small

outlaw, and compelled to live for nine years in caves and woods, was in no want of money or any thing that could be contributed by his people, who, after his death, continued the same assistance to his widow and family. But it is needless to multiply examples of this attachment, which existed till a late period, without the least prospect of reward or remuneration, all being the free gift of men poor in substance, but of warm affections and liberal minds. Moreover, this generous disposition was not indulged without risk; for while they paid the full rents demanded by Government after the forfeitures, they were threatened with higher rents, and persecuted by the agents for sending the money out of the country. The disputes between the people and the Crown factors, on this subject, ran very high. A respectable gentleman, Mr Campbell of Glenure, factor on the estate of Ardsheal, was shot from behind a rock when riding on the high road. This happened in 1752, and was the second instance of murder in these troublesome times. The first was that of Captain Munro of Culcairn in 1746. He was shot in the same manner, while riding at the head of a party of men marching through Lochaber. But this blow was intended for an officer whose party had, some time previously, burned the assassin's house, and taken away his cattle; while his son, who had resisted, was killed. Considering the state of men's minds, and the disturbed condition of the country for so many years, it may be considered remarkable, that these were the only two instances of premeditated murder. The man who shot Culcairn was known; but, through some unexplained cause, he was not apprehended. It has never been ascertained who shot Mr Campbell. Suspicion fell upon a man of the name of Allan Stewart or Allain Breach, as he was called, from the marks of the small-pox, who had been a serjeant in the French service, had come over in the year of the Rebellion, and lived afterwards as an outlaw. He was never seen after the murder, and was supposed to have gone to France. A gentleman of the name of Stewart, a relation of the family of Ardsheal, was taken up, indicted, and tried at Inveraray, on suspicion of being art and part, (as the Scotch law terms it,) or in the foreknowledge of the murder. The Duke of Argyle, then Justice-General, sat on the bench, and the Lord Advocate attended as prosecutor, the only instance of this officer presiding on any criminal trial, or of the Lord Advocate prosecuting at an assize. Mr Stewart was found guilty, and executed near the spot where the murder was committed, and his body hung in chains. The whole transaction caused a great sensation, and the justice of the verdict and execution was much canvassed. It is now believed that the result would have been different had the trial taken place at a later period. Whether or not Mr Stewart deserved his fate, it were well that all executions made such an impression on the minds of the people as this did, and still continues to make to this day. The talents and respectable character of the person executed, the public exhibition of his body, a thing hitherto unknown in that country, and the doubtful circumstance of his guilt, are still matters of deep reflection among the people. On Sundays, and at times when they pass in more than ordinary

surprise, and strong animadversions on Government for allowing such proceedings. The same people, so generous to their chief in his adversity, preserved such control over him when in full power and prosperity, that they interfered and prevented his pulling down his Castle of Brahan, the destruction of which they considered derogatory to the respectability of the family and clan. In the year 1737, the tenants sent Lord Seaforth L. 800 in one sum, equal to L. 8000 in the present day, calculating on the rents, and the value of the estate.

numbers, they assemble on or near the spot where the gibbet stood, and talk with solemn and impressive awe of the whole circumstances.

Turbulent and accustomed to blood as the Highlanders were supposed to be, the terror and awe inspired by public executions is very remarkable. This awe is not confined within the mountains. I have seen soldiers fearless of death when before an enemy, for days previous to an execution, become grave, thoughtful, and seemingly powerfully impressed with a kind of dread, which they could not shake off.

X. Page 128.

Ir may be curious to notice the similarity of action among men with very different principles in all things, except what concerns their interests. After the new system of managing lands and laying out farms had commenced in the Highlands, the ancient occupiers and cultivators were often overlooked by those who undertook to new-model gentlemen's estates. Their future happiness or misery formed no part of the new plans, and seemed as much disregarded as the fate of the ancient breed of horses and sheep. The old Highlanders were considered unfit for the new improvements; the length of time they held their lands gave them no claim; they had possessed them too long already; they must now give place to others. This was the language of many agents employed in these arrangements. -At the beginning of the French Revolution, when Dundee, Perth, and other towns, planted the tree of liberty, and the doctrine of equality of property was held out to encourage the partizans of Revolutionary Principles, the late Mr Dempster of Dunichen observed, in the spring of 1791, that his farm-grieve, or overseer, had paid particular attention to a large field, ploughing and harrowing it twice, and laying down a double allowance of manure. He was preparing a third dressing, when Mr Dempster asked the cause of all this care bestowed upon one field more than the others. After some hesitation, the man answered, that every person had a right to attend to his own interest. Mr Dempster observed, that however true that might be, it could have no concern with that field. To this the grieve replied, that, as he had been a kind and generous master to him, he would explain the whole matter. He then told him, that, at a late meeting of Delegates of the Friends of the People, they had discussed much business, and, among other matters, had made a division of all the lands in the district, when this field, and some acres of pasture, fell to his share. His master told him he was happy to find him so well provided, and asked what part of the estate they had allotted to him. "Oh, as to you, Sir, and the other Lairds," replied the man, it was resolved that you should have nothing to do with the land, and that none of the old Lairds and Proprietors were to have any. They and their families had had these lands long enough; their old notions were not fit for the new times; therefore they must all quit, and make way for the new system and new order of things; but as you have been always so good to me, I will propose, at the next meeting, that a portion be left for you."

Y. Page 139.

ON reference to the proceedings of the Court of Justiciary in the northern counties, it will be found that the capital convictions at Inverness, from the year 1747 to 1817, have been fifty-nine. Of these, there were

10 men for murder,

9 women for child-murder,

2 men for rape; one of them rape and murder near Elgin,
1 man for fire-raising,

12 men for cattle-stealing, t

1 man for sheep-stealing,

2 men for house-breaking and theft,

9 men for theft,

3 men for robbing. §

Of these criminals eight were strangers, soldiers quartered in the different garrisons, and others, who committed crimes as they passed through the country, and were apprehended and tried there. This Circuit includes the Lowland part of the counties of Moray and Orkney, (in the latter, crimes of magnitude are very rare,) containing a population of 238,681 souls, out of which there were 59 persons (51 natives) convicted in the course of seventy years, making the proportion of one criminal to 283,180 souls. From 1756 to 1761, and from 1767 to 1773, there were no convictions. From 1773 to 1783, there was only one man convicted; his crime was murder. From 1794 to 1817, there were three convictions for murder, but none for robbery, housebreaking, or any other crime. In May 1817, a woman was condemned for theft.

The feudal powers and jurisdiction of the Duke of Argyle were abolished in the year 1748, and the first assize court was held at Inveraray in May 1749. From that period till 1817, the number of convictions has been eight. The crimes were,

This last case happened in the year 1782. The offender's name was Macaffie. The forgery was committed in Dublin, but, attempting to pass his notes in Inveraray, he was apprehended, tried, and condemned. On some certified question of law, however, he was taken to Edinburgh, when the point was decided against him, and he was executed there. If we except this conviction of a stranger, and that of James Fullarton for theft in 1783, * This crime is less frequent since the strictness of church discipline has been softened. Only one woman has been condemned since 1763.

This was at the earlier period, before the nature and danger of "lifting cattle,” as it was called, was properly understood by the Highlanders. None have been convicted of cattle-stealing since the year 1765. When it was known to be a crime, the practice ceased. Two of the above offenders were in the knowledge of all the Pretender's movements after the battle of Culloden. They gave him information, supplied him with provisions, were taken up on suspicion, threatened with instant execution, if they did not confess what they knew of him, and, at the same time, offered the tempting reward of L. 30,000. But all in vain. They were afterwards hanged for stealing a cow!

This was at a later period, when the stock graziers got possession of the pas ture grounds. Many sheep were stolen at that period. Four men were banished for this crime; one of them from Glengarry is in possession of considerable property in Botany Bay. He was taken up at Perth, where I saw him a prisoner. His appearance was remarkable; six feet three inches, stout, well formed, and with a florid handsome countenance.

§ These were part of the gang under Mackintosh, who robbed Sir Hector Munro. See page 35, Vol. I.

there were none condemned at Inverary for a period of fifty-one years, from 1753 to 1804. There have been two convictions for murder since. One in 1805, another in 1807. The Inverary Circuit includes the counties of Argyle and Bute, containing a population of 82,261 persons.

*

The population of that part of the Aberdeen Circuit, which may be properly called Highland, and which includes portions of the counties of Kincardine and Banff, amounts to 14,596 persons. From 1747 to 1817, there were two men condemned from that part of the country; one for murder in the year 1770, and another for fire-raising in 1785. From 1770 to 1784, there was no capital conviction in Aberdeen.

As the Highland parts of Perthshire constitute but a small part of that Circuit, which comprehends Perth, Fife, and Angus, I shall only notice the native Highlanders tried and condemned at Perth, from 1747 to 1817. The number was sixteen, of whom

The population of the Highlands of Perthshire is about 40,130, giving a greater proportion of criminals than either of the other circuits.

Proportion of Convicted Criminals to the Population in the different Districts in the Highlands, from 1747 to 1817.

Or this there are numberless proofs in all parts of the Highlands. I remember many old people, who, in their youth, saw corn growing on fields now covered with heather. Among many traditions on this subject, there is one of a wager between my great-grandfather and four Lowland gentlemen. These were the then Mr Smythe of Methven, Sir David Threipland, Mr Moray of Abercairney, and Sir Thomas Moncrieff. The object of the wager was, who could produce a boll of barley of the best quality, my ancestor to take his specimen from his highest farm, and Sir David Threipland not to take his specimen from his low farms on the plains of the Carse of Gowrie, but from a farm on the heights. Marshal Wade, who was then Commander in Chief, and superintending the formation of the Highland roads, was to be the umpire. Methven produced the best barley, Sir Thomas Moncrieff the second, my relation the third, Abercairney the fourth, and Sir David Threipland the fifth and most inferior quality. This happened in the year 1726 or 1727.

This was a travelling tinker from Athole. He was executed for throwing his wife into a river, where she was found drowned, near the King's House Inn, Glenorchy.