"
HISTORICAL PAPERS
RELATING TO THE
JACOBITE PERIOD
Only 525 Copies printed.
.IACOIH-S TKRTii's MAC;\.-H HRHANNI i. Ri.v
Historical papers
RELATING TO THE
acobite
16991750
n BY
COLONEL JAMES ALLARDYCE, LLD.
VOLUME FIRST
.
A B E R F. * -J?
for t|e rto ftpilbtng
wrv- ,.--.
l&istorical papers
RELATING TO THE
Jacobite periofc
16991750
EDITED BY
COLONEL JAMES ALLARDYCE, LL.D.
VOLUME FIRST
6\
ABERDEEN 1?
JDn'ntcU for tljc jJ2c\u gipaltung; Club
MDCCCXCV
Dfl
2l3
R5
PRINTED BY
MILNE AND HUTCHISON
ABERDEEN
mew Spalfcina Club.
Founded nth November, 1886.
J>atrones0 :
HER MAJESTY THE QUEEN.
FOE, 1894-95.
president :
THE EARL OF ABERDEEN, LL.D.
THE DUKE OF RICHMOND AND GORDON,
D.C.L., LL.D.
THE DUKE OF FIFE, K.T.
THE MARQUIS OF HUNTLY, LL.D.
THE MARQUIS OF BUTE, K.T., LL.D.
THE EARL OF STRATHMORE.
THE EARL OF SOUTHESK, K.T., LL.D.
THE EARL OF KINTORE, LL.D.
Colonel James Allardyce of Culquoich, LL.D.
John Bulloch, Aberdeen.
George Cadenhead, Procurator- Fiscal, Aberdeen.
The Rev. James Cooper, D.D., Aberdeen.
William Cramond, LL.D., Cullen.
Peter M. Cran, City Chamberlain, Aberdeen.
Alexander Davidson of Dess. Deceased.
The Rev. J. Myers Danson, D.D., Aberdeen.
Charles B. Davidson, LL.D., President of the Society
of Advocates, Aberdeen.
Thomas Dickson, LL.D., H.M. Gen. Reg. House.
The Hon. and Right Rev. Bishop Douglas, D.D.,
Aberdeen.
William Dunn of Murtle.
John Philip Edmond, Haigh.
James Ferguson, Edinburgh.
Alexander M. Gordon of Newton.
Henry Wolrige-Gordon of Esslemont.
The Rev. Walter Gregor, LL.D., Pitsligo.
John A. Henderson, Aberdeen^.
Sir William Henderson, LL.D., Aberdeen.
Brigade-Surgeon Lieut. -Col. W. Johnston of Newton
Dee, M.U.
The Rev. William Forbes-Leith, S.J., Selkirk.
K.G., THE EARL OF ROSEBERY, K.G., LL.D.
THE LORD FORBES.
THE LORD SALTOUN.
THE LORD PROVOST OF ABERDEEN.
THE PRINCIPAL OF THE UNIVERSITY OF ABERDEEN.
SIR GEORGE REID, P.R.S.A., LL.D.
JAMES A. CAMPBELL of Stracathro, M.P., LL.D.
WILLIAM FERGUSON of Kinmundy, LL.D.
/Bombers of Council :
George Arbuthnot-Leslie of Warthill.
The Rev. Robert Lippe, LL.D., Aberdeen.
David Littlejohn, Sheriff-Clerk, Aberdeen.
Peter Duguid-M'Combie of Easter Skene.
James Matthews of Springhill, LL.D.
The Rev. John G. Michie, Dinnet.
James Moir, LL.D., Co-Rector of the Grammar
School, Aberdeen.
Alexander M. Munro, Aberdeen.
Charles Rampini, LL.D., Sheriff-Substitute, Elgin.
Alexander Ramsay, LL.D., Banff.
Major John Ramsay of Barra. Deceased.
Alexander W. Robertson, Librarian, Public Library,
Aberdeen.
John Forbes Robertson, London.
The Rev. James Smith, B.D., Aberdeen.
The Rev. William Temple, D.D., Forgue.
Alexander Walker, LL.D., Aberdeen.
George Walker, Aberdeen.
Robert Walker, Aberdeen.
John Forbes White, LL.D., Dundee.
Professor John Dove Wilson, LL.D., Aberdeen.
Robert M. Wilson, M.D., Old Deer.
The Rev. John Woodward, LL.D., Montrose.
Secretary :
PETER JOHN ANDERSON, University Library, Aberdeen.
Urcasurct :
FARQUHARSON TAYLOR GARDEN, 18 Golden Square, Aberdeen.
HtiMtors :
GEORGE COOPER, C.A., Aberdeen ; and WILLIAM MILNE, C.A., Aberdeen.
PREFACE.
[ T has been decided by the Editorial Committee of the Club
- that these papers, selected from a number of historical
manuscripts and other documents which I have obtained for the
use of the Club, should form an issue by themselves, and I have
undertaken, with a considerable feeling of responsibility, the
task of editing them.
The period to which they relate, beginning in 1699, and
extending over the Jacobite risings of 1715 and 1745, embraces
some of the most interesting events in Scottish history ; and,
though much has been written bearing on what took place in the
first half of the i8th century, it is hoped that the documents
now published will throw some additional light upon the social
condition and disturbed state of Scotland, especially in the
Northern and North-Eastern Districts, during that eventful time.
It has been considered advisable to print the papers as far as
possible in chronological order, irrespective of the sources from
which the documents have been obtained, so that the progress
of events may be more clearly traced, and whatever historical
importance the papers possess, may be more fully realized.
It is hoped that the illustrations which have been obtained
for the volume will add to its interest ; and I desire to acknow-
ledge the great assistance, so readily and courteously given,
which I have received in this matter. The portrait of Lord
Lewis Gordon was kindly lent for reproduction by the Duke of
Richmond and Gordon from the collection at Gordon Castle,
while the Earl of Erroll, with similar kindness, allowed various
engravings in his possession, connected with the rising of '45,
viii. PREFACE.
and with the fate of the unfortunate Lord Kilmarnock, to be
reproduced. Miss Skene has most kindly furnished a copy of
the likeness of her ancestor, James Moir of Stoneywood, while
the representation of the Banner carried by " Old Glenbucket's "
Regiment, both in the ' 1 5 and the '45, furnished by a descendant
of the Gordons of Glenbucket, cannot fail to be of interest.
Other illustrations have been most kindly placed at my disposal,
and to all who have aided in this important help to the volume,
and whose names are mentioned in connection with the illustra-
tions, not only are my own thanks due, but the thanks of all the
members of the Club.
J.A.
CULQUOICH, October, 1895.
INTRODUCTION TO VOL. I.
/ T~~ N HE first six papers have been obtained from Lord Forbes'
Collection, and illustrate the lawlessness and insecurity
of the period they embrace.
Previous to the time to which these papers relate the
countries bordering on the Highlands had for long been the
hunting grounds of freebooters and robbers, who dwelt among
the hills, and who, after their forays into the plains, returned to
their fastnesses with their plunder.
In their Highland glens the raiders were secure ; none of
the inhabitants of the plains dared to pursue them thither, and
although some of these could purchase security by the payment
of black-mail, to most of them the insecurity of life and property
was such, that they lived in a state of terror day and night, not
knowing but that at any moment a raid might be made on the
homestead. This state of matters lasted for some time after
the rising of '45.
The Government had on many occasions endeavoured to
remedy the evil, which had become intolerable. As an instance
it appears that, on the i5th July, 1672, Alexander Farquharson
-of, Invercauld was summoned before the Privy Council of
Scotland, as described in the following document, and was
required to execute a " Bond to the Peace," whereby he bound
himself, his heirs, executors, and successors, under a penalty, for
the good behaviour not only of his " hail tenants, servants and
indwellers," but of "all persons of his name, descended of his
family, wheresoever they dwell."
2
X. INTRODUCTION.
This was acknowledging in the fullest sense the feudal
superiority of the heads of clans, but as it was impossible to
have the measure carried out, without pressure being put upon
the vassals who resided at a distance, it was enacted that these
vassals should execute "Bonds of Relief" to their superiors,
guaranteeing for themselves and their dependants, what was
required from the chief.
The following are the Bonds referred to, and are good
examples of those exacted from heads of clans, and from their
relatives and vassals, who resided at some distance from the
abode of the chief :
Bond to the Peace by Alexander Farquharson of Invercauld To the
Privy Council of Scotland for himself and his Clan, 1672.
Charles, by the Grace of God, King of Great Britain, France, and
Ireland, Defender of the Faith, To our Lovites.
Messengers our Sheriffs in that part conjunctly and severally specially
constitute, Greeting, For as much as Alexander Farquharson of Inver-
cauld and Wardhouse being called before the Lords of our Privy Council
to give Bond for the peace of the Highlands, He as Principal, and with
him Archibald Reid of Edindurno as Cautioner for him, Band and
obliged themselves, Heirs, Exec rs ., and successors, That the said Alexander
Farquharson, his hail Tenants, Servants, and Indwellers upon his Lands,
Rooms, and Possessions, As also That those persons of his name, decended
of his Family, wheresoever they dwell, shall commit no murder, deforce-
ment of Messengers, ryfe, thift, receipt of Thift, open and avowed fire-
raising upon Deadly Feuds, or any other Deeds contraree to the acts
of Parliament, under the penalty of Three thousand Merks, besides
redressing and repairing of all parties scattered, and farder, that he shall
exhibit and produce before the Council or Justices any of his own Tenants,
servants, indwellers upon his Lands, or any person of his name descended
of his family, whenever he shall be called or lawfully cited to that effect,
under the pain foresaid, and for the said Alexander Farquharson his relief,
The Lords of our Privy Council be an Act of the date of thir presents
INTRODUCTION. xi.
have ordained their own letters to be direct against the several persons for
whom he stands obliged to grant him Bond of Redress within fifteen
days after they shall be charged, provided the sum to be contained in
the said Bonds of Relief do not exceed the sum contained in the
said principal Bond, and in case any of the said persons refuse to give
the said Bonds of Relief within the said space, orders and Warrants
granted for apprehending and securing their persons in manner after
specified as the said Act of the date foresaid at more length proports.
Our Will is therefore and We charge you strictly and command that
incontinent thir our letters seen ye pass, and in our name and authority
command and charge All and Sundry the said Alexander Farquharson
of Wardhouse, his hail Tenants, servants, and Indwellers upon his Lands,
Rooms, and possessions, As also the hail persons of his name descended
of his family, wheresoever they dwell, to grant, subscribe, and deliver to
the said Alexander Farquharson Bonds of Relief of the tenure and
nature foresaid, Provided that the sums therein to be contained exceed
not the sum foresaid contained in the said Alexander Farquharson his
own Bond, After the form and tenor of the foresaid Act in all points,
within fifteen days next after they be charged be you, and in case the
saids persons, or any of them, should refuse to grant the said Bond of
Relief within the space foresaid, We, with the advice of our Lords of the
Privy Council, Doe hereby give full power and authority to the said
Alexander Farquharson to apprehend and imprison their persons in the
next convenient prison, until they give obedience, and ordains all Sheriffs,
Stewards, Magistrates, Messengers-at-arms, and others in authority, to
give their concurrence and assistance to the execution thereof, According
to Justice, as ye will answer to us thereupon. The which to do we
committ to you conjunctly and severally full power by thir our Letters,
delivering them by you duly execute and indorsed again to the Bearer.
Given under Signet at Holy Rood House, the fifteenth day of July, and
of our Reign the Twenty-fourth year, 1672.
Per Actum Dom ni . Decreti Concilii.
(Signed) THOMAS HAY.
xii. INTRODUCTION.
Bond of Relief to Robert FarquJtarson of Invercaidd by Donald Farquharson
of Balfour, son to Alexander Farquharson of Finzean, by authority of
the Bond to the Peace given by Invercauld to the Privy Council.
BE it kend till all men by thir presents, me, Donald Farquharson of
Balfour, for swa mikle as be divers laws and acts of Parliament made for
suppressing of Theft, receipt of Theft, and other crymes which were more
ordinary committed in the Highlands, It is statute and ordained that
Landlords and their Baillies, the Heads and Cheftans of Clans, should
find caution for their Vassalls, their Tenants, Servants, and Indwellers
upon their Lands, Roums, and possessions. Likeas by said Acts of
Council, It is statute and appointed that Branches of Clans and Heads
of Families sail likeways find caution for their hail men, Tenants and
servants, and the hail persons of their names decended of their families,
and seeing the said Donald Farquharson is most willing, as master of the
Tenants underwritten, to secure both for himself and his Tenants and
servants, Therefore witt ye me, the said Donald Farquharson, to be bound
and obliged, likeas I bind and oblige me, my Heirs, Exec rs ., and successors
whatsoever, that I myself, ye persons underwritten, my Tenants, viz.,
John and James Watts, James Gordon, John Macandie alias Riach, and
John Corbat, all labourers of the ground, That I myself nor none of them
sail committ no murder nor deforcement of Messengers, reaff, theft,
receipt of theft, open and avowed, upon Deadly feuds, depredations or
any other Deed contrair to the Acts of Parliament, under the Ffallie of
Two hundred pounds Scots money, besides the redressing and repairing
of all Parties scaithcd, and farder, that we sail exhibit and produce before
his Majesty's Council or the Honble. Commissioners of Justiciary within
the district of the Shire of Aberdeen any of the said persons who sail
happen to contravene and transgress and committ the foresaid Crymes, or
any one or other of them, whensoever we sail be called or lawfully cited
for that effect, under the Penalty foresaid, consenting their presents be
insert and registrat in the Books of Privy Council, to have the strength
of an Decreet thereof interponed thereto, that Letters of Horning and
others needful may be direct upon one single charge of Ten days allenarly
an Constitute.
INTRODUCTION. X111.
Our Lawful Pro crs . In Witness whereof, written by David Ferguson,
Writer in Edinburgh, I have subscribed their Presents at Braickly, the
thirtieth of July, one thousand six hundred and eighty-three years, before
witnesses, John Gordon of Braickly and the said David Ferguson.
(Signed) JOHN GORDON, Witness. (Signed) D. FARQRSON.
(Signed) DA. FERGUSON, Witness.
Another plan devised by the Privy Council was to pass an
Act by which all tenants should be bound by their leases to live
peaceably. The following is a copy of the enactment which it
was endeavoured to have put in force. It need scarcely be
added that this attempted remedy had as little effect as the
others that had been tried before :
Act ordaining tliat tennents be obleidged by thir tacks to live regularly
(1686).
OUR Soveraigne Lord, w l advise and consent of the States conveened in
parliament, did statute and ordain that all masters, whither heritors, life-
renters, proper wodsetters, Tutors, Tacksmen, donators of wards or
liferents, shall in all tyme coming insert in all tacks to be sett by them to
ther tennents, als weell in Burgh as Landward, ane express clause qrby
the tennent shall obleidge himself that he, his familie, cottars and servants,
shall live peaceablie and regularly, free of all fanaticall disorders, under
the pain of the tennent, cottar, or servant contraveening ther lossing of
the half of ther moveables, respective each for the own fault, and qr. ther
is no written tack yt all the tennents shall inact themselves in ther
master's court book, or in the toune's court books within burghs, or give
bond to yt effect, And in the tenor fors d ., which enrolment of court is to
be subscribed by the tennent, or, if he cannot write, by the clerk of the
said court in his name, and if the master or anie of the persons fors d .
shall faill herein, they shall pay ane yeare's rent of the lands sett, other-
wayes a third part gross to the discoverer if he prove the same, and tuo
parts to the king's majestic, and all masters and others who have lands
alreadie sett in tack without the said clauses, are heirby ordained to renew
xiv. INTRODUCTION.
the samen, and insert the said clause in them betwixt and Whytsunday,
1686, or to take obleidgement apart from the tennent bearing these clauses,
otherwayes to remove sumarly such tennents as refuse to accept of the
said conditions, notwtstanding of anie former tacks, qch in this caicc are
heirby declaired to be void and null, and in caice the tennents will not
immediatly remove, that ther master may committ them to prisone. And
it is heirby statute and ordained that if anie tennent shall refuse to accept
of tacks, or to enact himselfe, or give bond as said is in the termes fors d .,
he shall be lyable to pay to his master ane yeare's rent of the lands sett
to him, and this bot prejudice or derogatione of all former acts of parliament
qrby masters are obleidged for their tennents in manner qrin specified.
The extent to which the wholesale plundering was carried
will be seen from the following statement, selected from several
others, shewing the damage done to certain farms on one part
of Lord Forbes' lands not far from the hills in the upper part of
Aberdeenshire in the years 1689-90. These farms must have
been completely harried. The values in Scots money of farm
plenishing two hundred years ago will not be without interest :
Account of loss, My Lord Forbes lands sustained by the Robberies and
depredations of the Highlanders, Anno [i6]8y and [i6]<po.
LOGIE.
Imprimis, Taken from George Ronald and John Mitchell
there eightie wedders, worth three merks 6s. 8d. the
piece is k ^86 13 4
EDINBANCHRIE.
From John Mitchell, 8 drawing oxen, at 20 libs, the piece is 160 o o
Item, five cowes, at twentie merks the piece ... ... 66 13 4
Item, two horses, at twentie merks the piece is ... ... 26 13 4
From William Christy, yr., 3 oxen at 20 lib. the piece is ... 60 o o
Item, a cow, at 14 lib. is 14 o o
Item, an horse and a mare, at twentie pounds the piece is 40 o o
INTRODUCTION. XV.
From George Mitchell, 5 oxen, at twentie pounds a piece is
100
Item, two Cowes, a Stote, at twelve libs, a piece is
36
O
From John Morgan, yr., 3 oxen, at 20 libs, a piece is
60
o
Item, a Cow, at twentie merks is ...
17
6
8
Item, two horses, worth twentie-five merks the piece is ...
J
32
6
4
From George Gardner there, three oxen, at 20 libs, the piece is
60
o
Item, a Cow, at 12 lib. is ...
12
o
o
From Thomas Angus, two ox, at twentie lib. is
2O
o
o
Item, two cowes, at 12 libs, a piece is
24
o
o
From Wm. Mar, an ox, at 20 libs, is ...
2O
o
o
From James William, two oxen, at twentie libs, the piece is
40
o
From John Mitchell, at the Milne, an horse, at 40 lib.
40
o
o
Item, a mare, at twentie libs.
2O
o
o
George Mitchell, Witness. Summa is
839
6
8
MARCHMARRE.
From John Duncan, yr., were taken sixtie wedders, worth
3 merk 6s. 8d. is
14.0
o
o
Item, 30 ewes, at two pound the piece is
60
o
Item, 30 outarme sheep, at two merks the piece
40
o
Item, 3 horses, at twentie pounds a piece is
60
o
o
Item, 8 drawing oxen, at twentie-four libs, a piece is ...
192
o
o
Item, 4 kine, at 14 libs, the piece is
56
o
Item, 5 young Cowes and steirs at 8 libs, the piece is ...
40
o
P*
588
o
In testimony qrof. the sd. John Duncane hath subscribed the
sam, and given his oath befor witneses and George
Ronald in the parish of Kerin and Auchindoer. George
Mitchell, George Mitchel, witnes. John Duncane, George
Ronald, witnes.
WESTHILLS.
From the Relict of James Gardner, ten drawing oxen, worth
22 libs, a piece 220 o o
Item, eight Cowes, at twentie merks the piece is ... 106 13 4
XVJ. INTRODUCTION.
Item, eight Coyes and steirs, at eight pounds the piece is 64 o o
Item, a young ox, at twentie merks is 13 6 8
Item, seven horses, at twentie libs, the piece is 140 o o
Item, an hundredth weatheris, at three merks and an halfe
the piece 233 6 8
Item, eightie ewes, at fourtie shilling the piece is ... 160 o o
Summa is ^937 6 8
WlNDSEYE.
From Patrick Leith, yr., sixtie weathers at 3 merks and an
half ye piece ... ... ....140 o o
From Wm. Black in Cushney, an hundreth weatheris at the
same rate ... 233 6 8
Item, fiftie ewes at fourtie s. the piece is 100 o o
Summa is 333 6 8
From George Ronald in Logic, the I4th of September, Anno
90, were taken twelve score of weatheris by John
Stewart and his complices in Strathdowen, valued at ... $33 6 8
Summa totalis of the within-written Tennants, in the several
soumes, ye losses.
Logic ... ,.. 186 13 4
Edinbanchrie ... ... 839 6 8
Marchmarre ... ... ... ... ... ... 588 o o
Westhills ... , 937 6 8
Windseye 140 o o
Cushney ... ... ... ... 333 6 8
Logic 533 6 8
Item of cloaths and houshold plinishing, estimate to 300 o o
Summa sumarum 3858 o o
INTRODUCTION. xvil.
A list of the men's names wlio were at the robbing of the goods of
EdinbancJiorie and the rest of the tonnes, in the year 1690, WestJiills
and Marchmarr.
John Farquersone in Dilavarar, now in Delnabo.
John Mcklachlan in Dilavarar.
Alaster Grant in Bellabegg, now in Dillevarar, but residing at the Coine.
John Meldrum in Capack in Tirriesoules land.
Donald Meldrum, yr., both invercaldes men, now in Tirrisoule.
William Crookeshanke in Dillavarar.
Alaister Shaw in Delnafast, Mckintosh men and the tenants belonging
to him as
Callim Breake Mackilachlan or Mckleuchlin.
Mckalaster Guone in Badenoch.
Donald Gow in Kincardine, yr., in the dukes land, now in Grants, who
lied the men.
John Mckrobie, yr., in Kincardine.
John Mckean Mckalaster, yr.
John Mckean heilin, yr.
John Shaw, yr., Rothemurkus men.
John Mckolimore, good wifes of Lurgas men in Abernethe.
Donald Stewart and Lachlan Mckintoshe in the braes of Strathdone.
James Madrinach in Dilavarar.
Alaster Madrinach, his broyr., yr.
Witneses to prove.
John Farquersone in Dilavarar.
John Mcklachlan, yr.
Alaster Grant in Bellabegge.
John Forbes of Inverearnen, Balize to the Earle of Marr.
William Elphingstonne in Bellabegge.
Alexr. Forbes of Invernochty.
James Murach alias Gordone at Tamanwale.
Barren of Kilmaichly and his tenants.
Angus Robersone in Bellendin.
William Con in Fodderletter.
3
xviii. INTRODUCTION.
These papers disclose a state of lawlessness and terror which
can now hardly be conceived. They furnish a graphic description
of a well-organised raid on a very extensive scale a very
different affair from the ordinary thefts and plunderings which
were of constant occurrence in these troublous times.
What seems to have taken place was this. The Lord
Forbes had been prominently active in endeavouring to repress
the lawlessness of such depredators, and various measures had
been adopted at his instigation by the Privy Council. The
ringleaders of this raid evidently planned a descent upon
Lord Forbes' lands, with the double purpose of securing booty,
and inflicting injury upon his Lordship for the part he had taken
to put down such depredations. A party from Speyside, under
one Donald Gow from Badenoch, " who led the men," joined by
well-known robbers from the Braes of Abernethie, combined to
make a descent upon that portion of his Lordship's lands which
lay nearest to the Highland line of Aberdeenshire. The details
given show that they must have made a clean sweep of every-
thing they could drive away. They would appear to have
driven their booty home by the Strathdon route, probably the
more easy one for the quantity of cattle and sheep they had
with them, and on reaching Strathdon they seem to have been
intercepted by John Forbes of Inverernan (Baillie to the Earl
of Mar, Secretary of State for Scotland, from whom Lord
Forbes held his commission as one of the Privy Council for
Scotland). Inverernan must have got his neighbours, Elphing-
stone of Bellabeg, Forbes of Invernochty, and others mentioned
in the " List of witnesses to prove," to join him and intercept
the robbers. What took place can only be conjectured, but it is
clear that great pressure must have been exerted, for several of
those who were at " the robbing of the goods " turned King's
evidence, while others did not care to return to their old haunts,
but preferred to shift their quarters to other places, or possibly
INTRODUCTION. XIX.
go into hiding, to escape from the vengeance of those they had
deserted.
Paper No. I. contains the suggestions of a Committee
nominated for considering the best means of ensuring the peace
of the Highlands. The following particulars regarding the
members composing this Committee show their respective
positions, and the offices held by them :
1. Viscount of Tarbert was Sir George Mackenzie of Tarbert,
born 1630, succeeded his father (Sir John) in the baronetcy in
1654, was appointed a Lord of Session as Lord Tarbert in 1661.
Having in 1662 joined in an intrigue against Lord Lauderdale,
he was in 1664 deprived of his seat on the Bench, but subse-
quently, on being reconciled with Lauderdale, he was in 1678
appointed Lord Justice General of Scotland, and in the following
year he was made a Privy Councillor. He became Lord Clerk
Register in 1681, and was reinstated as a Lord of Session. In
1685 he was created Viscount Tarbert, and at that time had the
chief management of Scottish affairs. On the accession of
Queen Anne he was created Earl of Cromarty. He died in 1714.
2. The Lord Forbes mentioned was William, the twelfth
Lord. He was made a Privy Councillor in 1689; Colonel of
the Horse Guards in 1 702 ; was a supporter of the Union, and
in 1715 was appointed Lord Lieutenant of the counties of
Aberdeen and Kincardine. He died in July, 1716.
3. Lord Aberurchill was Colin Campbell, son of James
Campbell of Aberuchill, in Perthshire, who fell at the battle of
Worcester. He was Sheriff-Depute of Argyllshire in 1668;
was created a Baronet of Nova Scotia, 1667-68 ; and acquired
the Barony and Castle of Kilbryde in 1669. He was appointed
an Ordinary Lord of Session as Lord Aberuchill (or Aberurchill)
in 1689, and became Lord of Justiciary in 1690, being made a
Privy Councillor at the same time. At the date of this Com-
mittee he was member for the county of Perth, which he
XX. INTRODUCTION.
represented from 1690 till the close of that Parliament, the first
of William and Mary, and which ended in 1702. He was twice
married his second wife was Catherine, daughter of Sir John
Mackenzie of Tarbert, Bart. he was therefore brother-in-law of
Viscount Tarbert, Preses of the Committee. He died i6th
February, 1 704.
Papers Nos. II. and III. On 3rd April, 1699, the Privy
Council passed a Minute relative to the appointment of a
Committee for considering a letter from the Commissioners of
Justiciary regarding the peace of the Highlands, with which
had been sent a "band" to be subscribed by the Highland
heritors. The remit to the Committee was as follows :
" to consider the said letter and band of cautionrie, and to
"compare the coppie of the band now sent with former bands
"granted be the heretors in the Highlands, and to draw up a
" band to be subscryved be the saids heretors in the precise
" terms of law, and to return a draught of the band so to be
" prepared be the Comittee so soon as it is ready with an answer
"to my lord Chancellor's letter to the saids Commissioners."
No copy of original "band" can be found, but the Protest
No. II. shows that it was a most unpopular enactment with
some of the chief men of clans, who adduce very lengthy
reasons why, in the face of obligations required of them by
previous Acts, it ought not to be enforced. Paper No. III.,
A. B. and c., gives the lists of their men for whom the heritors
named became responsible.
These lists are of interest in this respect. They show that
there were residing on the larger estates a number of persons
whose names do not appear in the Poll Book of Aberdeenshire,
made up in 1696, only three years previous to the taking of
these bonds. The lists contain many more names than the
holdings on some of the estates would justify, and we are therefore
driven to the conclusion that many of these names represent
INTRODUCTION. XXI.
persons of no occupation, most likely "sorners," hangers on to
the chief or laird, living on what they could get, and ready at
any moment to join in any expedition, be it a hunting party, to
share in the proceeds, or a raid, to share in the plunder. These
were generally known as "loose men," or "masterful beggars,"
and were the scourge of the country. No wonder that bonds
for the good behaviour of such men were demanded from those
who had any control over them.
Paper No. IV. The laird of Auchintoul, to whom this
commission was issued, was Arthur Forbes, second son of
William, nth Lord Forbes, who died in 1691, and brother of
the 1 2th Lord, who issued the commission. Arthur Forbes was
placed in possession of the estate of Auchintoul, in the parish of
Alford, by his father, by deed dated at Castle Forbes loth Oct.,
1678, in which he is described as " Arthour Forbes my second
Lawf- son," and gets the land " in satisfaction of the bairnes
pairt of gear." In a "list of poleable persons within the
parioshes of Alfoord, Touch, Leochell Cushney, Keig, Tully-
nessle, fforbes, Keirn, Clatt, and Kinnethmont, taken up be
Auchintoule and Balfluig, Commissioners appointed for that
effect, which met at Alfoord the i3th November, 1699," the
following entry occurs : " Arthur fforbes of Auchintoule, as
sone to the deceast Lord fforbes, that being the highest capacitie
inde of pole 24. oo. o."
Paper No. V. It is shown by the two bonds forming this
paper that the measures ordered by the Privy Council, as
described in the foregoing documents, had had no effect whatever
in putting a stop to the constant plunderings that were taking
place. There were, at the time, no means of carrying out any
orders, or of enforcing any restraint or discipline upon the many
"loose men" scattered over the Highlands.
A number of Aberdeenshire heritors possessing lands in the
neighbourhood of the Highlands, whence gangs of robbers were
XXl'i. INTRODUCTION.
perpetually issuing on raiding expeditions, at last determined to
take some measures on their own account to try to put a stop to
the mischief that was being done especially by one notorious
gang. They therefore met together at a certain spot, and, after
mature deliberation, they agreed to subscribe a sum of money
to furnish rewards to whoever should apprehend the most
notorious of these robbers. These heritors voluntarily assessed
themselves, agreeing to pay a certain percentage on their valued
rent, to provide the funds necessary for this purpose, and they
appointed certain of their own number to have their resolutions
carried out. One of these bonds, to which all the signatures of
those present were appended, it has been considered suitable to
reproduce in facsimile.
Paper No. VI. refers to the apprehension and trial of Alaster
Mor, the ringleader of the gang, for whose capture a special
reward was offered, as described above. The apprehension of
this notorious robber (which, however, was not effected solely
by the nominees of the heritors described in the previous paper)
was looked upon by the Commissioners of Justiciary as " a very
special deliverance."
Papers Nos. VII. and IX. contain Extracts from the Burgh
Records of Aberdeen relative to the transactions that took place
during the rising of 1715. The introduction to this part of the
collection has been contributed by Mr. A. M. Munro, through
whose assistance the records have been obtained :
THE RISING OF 1715.
Although the material for a sketch of the burgh in 1715, and
its connection with the rising of that year, is by no means so
voluminous as that referring to the '45, yet what is available
when pieced together gives a pretty accurate idea of the sequence
of events during this important period.
INTRODUCTION. xxiii.
The three letters printed on pp. 28, 29, give perhaps the
earliest indication of the state of feeling in the North. On the
3rd August, 1714, the Magistrates received from the Earl of
Hay, Lord Justice General, a communication intimating the
dangerous state of Her Majesty's health, and while requesting
the Magistrates to have a care for the public peace, he at the
same time invited them to indicate to him anything which they
thought likely to disturb the same. Queen Anne died on ist
August, but though the news reached Aberdeen shortly after
the receipt of the Justice General's letter, no official notice of
the Queen's death had been received by the authorities up to
the loth August, nor had any instructions been given for pro-
claiming the King. This delay had evidently a very disquieting
effect in the burgh and neighbourhood, for while the Magistrates
attributed the delay to the fact that the express had been inter-
cepted, there were others who were willing to believe that some
hitch had occurred in the accession of the new King. So much
is, however, clear, that the non-proclaiming of the King with
the customary ceremonies had a bad effect upon a section of the
community, and was a cause of anxiety to those charged with
the preservation of the public peace.
The Magistrates embodied these ideas in a letter to the
Lord Justice General, dated the loth August, and, as fully
justifying them in their observations, a disturbance broke out in
the town that very evening. It is true the disturbance was of
such a nature to be scarcely worthy of notice, yet in the peculiar
circumstances the slightest indications in favour of the exiled
house were sure to be magnified. In the early hours of the
morning, between the loth and nth of August, some young
men, accompanied by several of the other sex, marched through
the streets, headed by two fiddlers playing tunes, one of which
is specially marked out as highly treasonable " Let the King
enjoy his own again." Coming to the Castlegate this roystering
xxiv. INTRODUCTION.
company assembled round the well, which now stands in the
Green, and for want of better vessels took water in their hats
and "drank the Pretender King James his health." Word of
the actings of this company seems to have reached the Govern-
ment in London from other than official sources, and the
Magistrates were called upon to give an account of the affair.
The Earl of Mar wrote on the 2ist August asking for full
particulars, and the Lord Justice Clerk also made a request for
an account of the occurrence, and they each seem to be
particularly anxious to know whether there was a regular
proclamation. The Magistrates, writing on the 3Oth August,
say that they suspect a proclamation but could get no account of
it, and four days later they forwarded the depositions of all the
persons they could get who knew anything of the proceedings.
These depositions would have been interesting, but no copy
seems to have been preserved, and nothing further is heard
regarding the incident. The foregoing escapade was one only
of many such which must have taken place in other places, and
to which Burton* refers when he says "It became frequent
with these noisy bacchanalians, when their convivial parties were
sufficiently large, to sally forth into the streets at midnight, and
proclaim King James VIII., a practice which sorely vexed the
sober and sleepy Whig burgesses, but in itself augured little
danger."
Curiously enough a year later, on the same date when the
Lord Justice General penned his letter to the Magistrates
intimating the state of the Queen's health, the Council, on the
report that "the Highlanders were in some motion and lyke to
ryse," held a meeting and resolved to put the town into the best
possible condition to resist attack. Instructions were at the
same time given to Provost Robert Stewart to purchase at once
guns and bayonets for arming the burgesses, while the dean of
* History of Scotland, viii., 251.
INTRODUCTION. XXV.
guild was authorised to grant bills to various merchants in the
burgh for over thirty hundred weight of gunpowder. The
information on which the Council acted was perfectly correct,
for on 6th September, 1715, the standard of the Pretender was
raised at Braemar.
Notwithstanding the precautions taken by the Council, no
opposition seems to have been offered to the Earl Marischal,
who entered the burgh on the aoth September with several
gentlemen and burgesses for the purpose of proclaiming King
James VIII. at the cross. Patrick Sandilands, the Depute
Sheriff, read the proclamation, and that night the town was
highly illuminated, while the bells in S. Nicholas tower sent
forth a joyful peal for the accession of the new King. A
contemporary record* significantly adds that "those who would
not obey rabbled." From this date the burgh may be said to
have been in the hands of the Jacobites. On the day following
the proclamation Marischal and his company were entertained
with the greatest hospitality by the members of the Incorporated
Trades, who the same afternoon followed the Marischal to his
seat at Inverugie. Although the professors of both colleges and
the trades countenanced the Jacobites, the Magistrates as a
body were loyal to the Government, and were determined not to
allow the power to drift out of their hands without making an
effort to prevent it. Their endeavours, however, came to
nothing, for while they were sitting in council a mob which had
gathered at Mistress Hepburn's house broke in upon their
deliberations and demanded the arms and ammunition belonging
to the town, as well as the keys of the blockhouse or fort at the
harbour mouth. The loyal part of the community being
evidently in the minority, or at least less aggressive than the
rebels, the latter got their way, and the command of the burgh
fell into their hands. The date for the annual election of the
* "A Short Memorandum of quhat hath occurred since 2Oth September, 1715." Edin., 1837.
4
XXVI. INTRODUCTION.
Council was approaching, and two days prior to the election
day, the a8th September, Marischal returned to the town, and
arrangements were at once made for the election of a Jacobite
Council. When the legal day for the election came the old
Council did not appear, holding that no valid election could take
place, as the trades, who formed part of the electorate, were in
rebellion. On the following day, in the New Church of S.
Nicholas, without the customary formalities, a head court of the
burgh was held, and a form of election gone through. The
respective persons nominated by the Earl Marischal were duly
installed into the various offices, under Patrick Bannerman as
provost, and the last formality completed for holding the burgh
in the name of James VIII.
The usual " kirkin " of the new Council took place in the
Old or West Church, where the King's loft was, on the and
October, and, as provision had been made to have well disposed
ministers in the pulpit, the proceedings passed off without
disturbance. It had been at first resolved that the presbyterian
ministers should not have the use of any of the churches, but
better councils prevailed, and the New or East Church was
given them for their service. In the Old Church the services
were conducted in the forenoon by Dr. George Garden, and in
the afternoon by the Rev. Robert Blair, who both prayed for
King James by name.
The following week was a very busy one, for the new
Council entertained in great style the Marquis of Huntly on his
passing through the town towards Perth, and there were great
rejoicings subsequently on the arrival of a French ship in the
harbour, bringing a commission from James in favour of the
Earl Marischal.
Among the early acts of the new Council, under the orders
of Mar, were the supplying of 300 Lochaber axes for the army,
the imposition of a tax of ,200 IDS. gd. for supplies, the
INTRODUCTION. xxvu.
transporting of the press and types belonging to James Nicol,
the town's printer, to Perth, and, under the guise of a loan, the
requisition for the sum of 2000 sterling, the first instalment of
^500 being instantly demanded.
In the beginning of 1716 the Council attempted to raise a
troop of thirty horse for "furthering of his Majesties service,"
but in this they were unsuccessful, although they held out the
inducement of making those who joined burgesses of guild and
trade, free of the usual compositions.
James landed at Peterhead on the 22nd December, 1715,
and passed through Aberdeen on the following day to Fetteresso.
It is recorded that he only stayed in the burgh long enough to
have dinner in Skipper Scot's house in the Castlegate, and that
the strictest incognito was preserved. During his stay at
Fetteresso, which extended over a day or two, the Magistrates
and the Professors of King's and Marischal Colleges presented
him with loyal addresses, and on this occasion the provost,
Patrick Bannerman, received the honour of knighthood, a title
which he kept in use till his death in 1 733.
The Prince had scarcely reached Perth, on which the rebels
had retired after Sheriffmuir, when his army began to retreat
northwards by Dundee, Arbroath and Montrose. At this latter
place the Chevalier embarked for France under cover that he
was going by sea to Aberdeen, where he would again join the
army, but before they reached Stonehaven the news had spread
that no stand was to be made, and that the army had been
abandoned to its fate. The consternation was general,* and,
with Argyle close behind in pursuit, the rebels made a forced
march to Aberdeen. Here a council of war was held of the
general officers and Highland chiefs, when it was resolved to
hazard a battle if the Marquis of Huntly was willing to join
them, but in this they were disappointed, and so among the
* Memoirs of Marshal Keith, p. 30.
xxviii. INTRODUCTION.
fastnesses of Badenoch the rebel army disbanded, and the
Rebellion of 1715 was over. Within the town the Jacobite
Council was also deposed, after a brief rule of five months, and
the provost, carried prisoner to Carlisle, had a narrow escape with
his life for the part he had taken with the rebels.
An Act of the Privy Council was passed providing for the
election of a new Council, and on loth April, 1716, the ordinary
procedure was gone through, and a Council elected to serve until
the ensuing Michaelmas. Among one of the first acts of this
Council was the presentation of an address to the King, which
overflows with loyalty and dutifulness to "the Protestant
succession as settled by law."
A couple of minutes rescinding the acts of the Jacobite
Council, and ordering the deletion of the names of those made
burgesses between the 3<Dth September, 1715, and the 25th
January, 1716, closes the references to the Rebellion of 1715 in
the Council Register. The number of burgesses made by the
Jacobite Council during the period mentioned was ninety-four,
among whom were William Meston, Professor of Philosophy in
Marischal College (soth September) ; Lord Edward Drummond,
son of the Duke of Perth (5th December) ; Gordon of Glen-
bucket (i3th January); and the Earl of Aboyne (2ist Dec.).
The most outstanding feature of the rising of 1715, so far
as regards Aberdeen and Aberdeenshire, was the number of
persons in position who took part in it, or whose sympathies
went out towards those who took an active part in the un-
successful endeavour to place the Stuarts once more on the
throne of their ancestors.
Paper No. VIII., being Extracts from the proceedings of
the Synod of Moray, 1714-16, has been contributed by the
Rev. Stephen Ree, Minister of Boharm they contain addresses
to the King from the Synod upon the events of the time, and
describe how the various Presbyteries of the Synod were affected
towards His Majesty.
INTRODUCTION. xxix.
Paper No. X., being the proof of several persons having
been forced to the rebellion, 1715, by the Earl of Mar, has been
obtained from the Cushny charter chest, and bears out what has
always been understood, viz., that many of those who joined in
the risings of '15 and '45 were not free agents, but were compelled
under extreme pressure to obey the orders of their feudal lords ;
many of them, but for these orders, would no doubt have
remained at home.
Paper No. XI. This petition to the King from Alexander
Gordon, younger, of Auchlyne, is from Lord Forbes' collection.
It is a specimen of a great number of petitions which were
presented after the rising of 1715, in the hope of gaining some-
thing from the Government, by those who had preserved
neutrality, or at least had taken no prominent part on the other
side during the disturbances.
Paper XII. The following introduction to the Extracts from
the Presbytery Records of Alford has been contributed by the
Rev. Thomas Bell of Keig, Presbytery Clerk, who has most
kindly furnished the Extracts :
At the Revolution of 1688 Episcopacy was the established
religion in Scotland, as well as in England. In England it
continued so. For a time it seemed uncertain whether it would
not also be established in Scotland. William at length, however,
saw that the Presbyterian form of church government would be
most in accordance with the wishes of the Scottish nation ; and
also, what probably most influenced him, that the Episcopal
clergy were more favourably disposed towards the deposed
monarch than towards himself.
On the 1 4th March, 1689, the Scotch Estates met. This
convention, on April 4th, as regards the church, declared by a
majority, that " Prelacy . . . ought to be abolished." (See,
among others, Dr. Grub, vol. iii. 299, 300.) On the i3th of the
same month, it enjoined all ministers of the gospel to pray for
XXX. INTRODUCTION.
William and Mary as king and queen of Scotland, and to read a
proclamation to this effect, under pain of being deprived of their
benefices. The Presbyterian ministers quite willingly complied.
But many Episcopal ministers, being at heart favourable to
James, refused to comply, and were deposed. This was especially
the case in the south of Scotland. In the north, Aberdeenshire,
&c., most of the incumbents seem to have complied, and con-
sequently remained in their parishes. All the ministers in Alford
Presbytery appear to have remained. In the district there was
no feeling against Episcopacy. Of the five ministers deposed
after 1715 for espousing the cause of the Pretender, four were
incumbents at the Revolution, viz., Mr. Jaffrey, Alford ; Mr.
Livingstone, Keig ; Mr. Alexander, Kildrummy ; and Mr.
Robertson, Strathdon. In regard to Mr. Law, Kearn, who
was also deposed, it may be here stated that in 1708, at the
request of Lord Forbes, whose mansion was in the parish, he
was called to Kearn. The Presbytery took him on trial, but
were not satisfied with his appearances. His case was considered
at several meetings, as the Presbytery " wanted clearness," and
so " were not able to ordain him." The case came before the
Synod, and was by them referred to a committee. The sentence
of the committee was, " that this committee cannot in conscience
advise the said Presbytery (of Alford) to proceed therein,
inasmuch as they reckon him insufficient for the work of the
ministry and charge of souls, even in a small congregation.
But withall allows the said Presbytery, at the desire of my Lord
Forbes and parochiners of Kern, to employ him as probationer
in the said paroch, for such time as they shall find meet." (See
Minute, Alford Presbytery Book, June ist, 1709.) Mr. Law
was so employed. In 1713, nearly four years afterwards, Lord
Forbes again asked the Presbytery to ordain Mr. Law. (Minute,
January i4th, 1713.) The Presbytery at length agreed to settle
him in Kearn, and his ordination took place on 3ist March, 1713.
INTRODUCTION. XXXl.
(Minute, March 3ist, 1713.) Mr. Law was therefore not minister
of Kearn at the Revolution, and thus was in a different position
from the other four ministers, who were " Episcopal Incumbents."
Although, as we have seen, Episcopacy was "abolished" in
1689, yet it was not till next year, June, 1690, that Presbytery
was set up, an Act passed ratifying the Confession of Faith, and
settling Presbyterian church government. Even yet Episcopal
ministers were allowed to remain in their parishes, unless they
showed disloyalty by refusing to pray for William and Mary.
They were not, however, allowed to act as members of the
church courts, unless they conformed to the Presbyterian church
government. Between 1690, and the time of the Rebellion, 1715,
several Acts were passed favourable to the Episcopalians.
Those of their ministers who lived loyally and peaceably were
not interfered with in their parishes. They probably always
expected that better times for them would come. As time wore
on their numbers were becoming fewer and fewer. And when,
in 1715, the Jacobite Rebellion broke out, there were only four
ministers in Alford Presbytery ordained previous to the Revolu-
tion of 1688 who had not conformed to Presbytery. Indeed,
with the single exception of Mr. William Garioch, minister of
Kennethmont, who was ordained in 1687, all the other ministers
were ordained subsequent to 1688, and so were Presbyterians.
Mr. Garioch seems to have conformed, as we find him taking a
part in the trial and deposition of the ministers who joined the
Jacobite insurrection.
Paper XIII. In continuation of the foregoing introduction
to the Extracts from the Presbytery Records of Alford, this
paper, being copy of an autograph letter of the Rev. John
Alexander to his wife, describing the hardships he and others,
who were sent as prisoners along with him, underwent in
their journey from Aberdeen to Edinburgh, may very well find
a place here.
xxxii. INTRODUCTION.
The following particulars relating to Mr. John Alexander
have been obtained. He was recommended for license as a
preacher by the Presbytery of Edinburgh to the Bishop of
Edinburgh on the 29th December, 1680 was licensed by the
Bishop the following day. He was appointed to the Kirk of
Kildrummy by the Earl of Mar in 1682, in succession to Mr.
William Burnet, who had refused to take the Test ordered by
Act of Parliament.
The recommendation by the Presbytery to the Bishop of
Edinburgh, the Bishop's license, and the presentation by the
Patron, the Earl of Mar, to the Parish and charge of Kildrummy,
are appended. All these papers show a mixture of Presbytery
and Episcopacy, and a form of procedure which in the present
day is rather difficult to comprehend.
(These three papers have been kindly furnished by the
Rev. W. W. Hawdon, Woodhead, Fyvie.)
Recommendation by the Presbytery of Edinburgh to the Bishop of the
Diocese in favour of Mr. John Alexander.
WE, the Moderator and Reverent Brethren of the Presbytery of Ed?, by
these presents Do Testify to the Right Reverend John, Lord Bishop of
Ed?,' That the Bearer, Mr. John Alexander, upon the Recommendation
of the Professor of Divinity of Aberden, hath been tryed by us in all the
Ordinary pairts of tryalls taken of such who are to be Licensiat to preach
in publick, and in all of them was much by us approven. And herfor
We Do thoroughly Recommend him to your Lordship for obtaining A
Licens to preach in publick, whersoever he shall be Lawfully cald there-
unto. In verefica-on of th e premisses, These p nts . are Written at Our
Command, and subscryved in our names, At Ed? the twenty-ninth of
December, MVI. hundred and eighty years, by
AR: TURNER, moderator.
CHARLES LUMISDEN, Clerk.
INTRODUCTION. XXX111.
License granted by the Bis/top of Edinburgh to Mr. John Alexander.
In Consideration of the above-written testimonie, and that the Bearer,
Master John Alexander, hath acknowledged his Majestie's supremacie,
and to yield due obedience to me his ordinarie. Thes ar to Licence the
said Master John Alexander to preach in any congregation within my
diocis of Edinburgh, as he shall be lawfully called thereto, in witness
whereof thes presents ar written be Master Thomas Paterson, my servitor,
and subscribed with my hand Att Edinburgh, the thretieth day of
December, jajavy and fourscore yeirs.
Jo : EDINBURGEN : sc.
Presentatione to the kirk of Kill Drumie in favour of Mr. John Alexander,
1682.
CHARLES, Earle of Marr, Lord Erskine and Garioch, Undoubted Patron
of the Kirk of Kill Drumie, Lyand within the diocis of Aberdeen, To
the Most Reverend father in God, Alexander, Be the Mercie of God,
Archbishop of Saint Andrews, Greeting, fforasmuchas the said kirk of
Killdrumie Is now become vacant, and at our presentatione Through the
Recusancie of Mr. William Burnet, late incumbent ther, In not takeing
the Test appointed be the act of parliament, before the first of January
last, And We being weel informed of the literature, pietie, loyaltie, and
good conversatione of Mr. John Alexander, Our Chaplane, preacher of
the word of God, And of his earnest desyre to labour in the work of the
ministrie. Theirfoir Witt yee Us To Have Nominated and presented, and
be thir presents Nominats and presents the said Mr. John Alexander
to the said Kirk of Kill Drumie, and to the Mauns and Gleib theirof, And
to the Locall and modified Stipend and provision of the said kirk and
parioch, As it was uplifted, enjoyed, and possest be the said Mr. William
Burnet, or any other former ministers theirof. To be possest, brooked,
soysed, intrometted with, and uptaken, used, and disponed upon be him,
and that of the Cropt and yeir of God Jajvjit and eightie two yeirs and
in all tyme comeing, Dureing his Lyfetym and Service of the Cure at
the said kirk. Requeisting therfoir you the said most Reverend Arch-
bishop of St. andrewes to take tryall of the said Mr. John Alexander
5
XXXIV. INTRODUCTION.
his literature and qualifications, for the Service of the Cure at the said
kirk, And being found fitt and qualified to admitt and receive him to the
exerceing of the office and function of the ministrie at the said kirk, and
to the mauns, gleib, and Stipend of the samen as said is, And to Grant
him Collation and institutione theirupon, OR in caice of his insufficiencie
to Report the samen to us that we may present ane other qualified person
theirto in due tyme as said is. Requeisting also the Lords of Counsell
and Sessions to Grant and direct letters of homeing, poynding, and other
executionalls neidfull at the instance of the said Mr. John Alexander,
Upon ane Simple Charge of Ten Dayes Against all persones lyable in
payment of the said Stipend ffor Causeing them readilie to answere and
make payment of the same to the said Mr. John Alexander of the said
yeir and cropt jajvjit and eightie two yeirs and in all tym coming,
Dureing his lyfetym and serveing of the Cure at the said kirk. In
Witness wherof thir presents (written be Charles Row, Servitor to Hugh
Paterson of Bannockburn, wryter to the Signet,) are subscryved with our
hand Att Alloay the fyfteen day of March jajvi and eightie two years,
Before these witnesses, John Kerrie, inserter of the date and witness, and
Alexander Rait, both our servitors.
Jo. KERRIE, Witness. MAR.
A. RAITT, Witness.
Paper No. XIV. The Earl of Rothes, who was appointed
Lord Lieutenant of the county of Aberdeen in succession to
William, i2th Lord Forbes, who died in July, 1716, was a
notable man at that time, and had borne a prominent part in
support of the Government upon the rising of 1715 taking
place. He was John, seventh Earl ; he had commanded a body
of volunteer cavalry at Sheriffmuir in November, 1715, and
behaved with great gallantry on that occasion. He was Lord
Lieutenant of the counties of Fife and Kinross, as well as of
Aberdeen. He died in May, 1722. This paper of "Instructions"
is from Lord Forbes' collection.
Papers XV. and XVI. These papers have been obtained
from the collection of Lord Sempill at Fintray House. The
INTRODUCTION. xxxv.
first two are the reports made to George I. in 1724, and to
George II. in 1727, by General Wade upon the state of the
Highlands subsequent to the rising of 1715, and contain his
recommendations as to what he believed to be the best means
of reducing the country to a state of tranquillity.
Paper No. XVII., a Memorial anent the true state of the
Highlands, is believed to have been written by Duncan Forbes
of Culloden, but the " Memorialist " does not append his name
to it, and there is nothing in the paper to fix its real authorship.
Papers XVIII. and XIX. consist of various Proclamations
by James the VIII. prior to the rising of 1745, and by Charles
Edward during the rising. It is believed they are sufficiently
rare to warrant their being included in this volume. They are
taken from a collection of old pamphlets.
Paper No. XX. contains Extracts from the Burgh Records
of Aberdeen relative to the rising of 1745. The introduction
to these Extracts has been contributed by Mr. A. M. Munro :
THE REBELLION OF 1745.
After a lapse of thirty years a second attempt was made in
1745 to retrieve the fortunes of the House of Stuart, and this
enterprise was identified with the son of the Chevalier de St.
George, the handsome Prince Charles Edward.
Four days prior to the taking of Perth by Prince Charles
the Town Council took measures for placing the burgh in a
defensible position, considering that an insurrection had broken
but in the Highlands. After several methods had been discussed
for accomplishing this object, it was ultimately resolved to arm
a section of the burgesses, to do duty alternately in guards of
seventy, under officers appointed by the Magistrates. Sir John
Cope, after an unsuccessful quest for the rebel army as far north
as Inverness, arrived in the burgh on the nth September, and
camped on the Dove Cot Brae, the ground near Union Terrace.
xxxvi. INTRODUCTION.
In this camp he remained till the arrival of the transports from
Leith, in which he sailed on the i5th September for Dunbar.
During his four days stay he had several meetings with the
Magistrates regarding the six i2-pounders mounted at the
Blockhouse or fort at the harbour mouth, as also regarding the
number of small arms within the burgh. The Magistrates were
at one with Cope as to their inability to defend the cannon from
falling into the enemy's hands, but a difference of opinion
existed as to the entire disarming of the town, proposed by the
latter. It was not until he threatened the Magistrates that they
consented to give way in the matter and hand over the 250
stand of small arms in their hands. As matters turned out,
Cope took the readiest method of delivering the cannon and
small arms into the hands of the rebels, a contingency which,
in the case of the Magistrates, he said was sure "to make them
obnoxious to the government and make them answerable for
such conduct."
The 25th September, being the regular day for the election
of a new council for the ensuing year, the first part of the
proceedings, consisting of the election of the new councillors,
was completed at the forenoon meeting, and as usual the old and
new council then adjourned to meet at 3 o'clock for the election
of office-bearers.
The meeting was scarcely adjourned when John Hamilton,
chamberlain to the Duke of Gordon, with twenty-five horsemen
and seventy foot, entered the burgh, and their presence seems
to have so overawed the burgesses that they were allowed to act
pretty much as they pleased. This may be accounted for in
some measure from the fact that several of the inhabitants
joined this party. One of the first acts of the rebels was to
possess themselves of the keys of the cross house, and then to
send an armed force in search of the provost, James Morison,
Jr. of Elsick, who was only brought to the cross on a threat to
INTRODUCTION. XXXVH.
burn his house. Along with the provost, two of the baillies and
several councillors were compelled to attend and hear James
Petrie, sheriff-substitute, read the manifesto of the Chevalier,
and for a second time hear him proclaimed as James VIII.
After this ceremony wine and glasses were produced, and
healths drank, but no amount of persuasion would make the
provost drink such treasonable healths, and the only satisfaction
the rebels had was to pour the wine down his shirt front.
Provost Morison, in a letter addressed to Lord President Forbes,
describes the treatment he was subjected to in the following
terms: "On the 25th past I was seized upon by an armed
party of Highlanders, violently forced down to the cross, and
there, with some broadswords over my head, I was obliged to
stand till their proclamation was read ; and, because I refused to
drink a health they proposed, I had a glass of wine spilt down
my breast in so far they got what they aimed at, but sure it
was no advantage to their cause. I hope I shall ever esteem it
my greatest honour, as Providence shall give me opportunity, to
be equally faithful in the discharge of my duty in my station
under the present happy establishment." The determined stand
taken by Provost Morison earned for him the sobriquet of
"Provost Positive."
Of course any thought of proceeding and completing the
election was abandoned, and the provost and many others at
once left the burgh for a place of greater security, and thus for
a period of five months there was a complete break in the
municipal government of the burgh.
A commission was issued by Prince Charles Edward in
favour of Lord Lewis Gordon, appointing him Lord Lieutenant
of the counties of Aberdeen and Banff, and he in turn nominated
William Moir of Lonmay to be Deputy Lieutenant and Governor
of the town of Aberdeen. It was originally intended to have
offered this post to Thomas Erskine of Pittodrie, as Lord Lewis
xxxviii. INTRODUCTION.
Gordon, writing to the laird of Stoneywood under date 7th
November, 1 745, says, " and Pittodery, if he will accept, is the
man pitched upon by the Council to be Governor of Aberdeen
under myself." * Erskine, however, would have nothing to do
with the matter, for, as he writes himself, "I am determined to
take no consern in that sheap, for when my Lord Mar vanted
me in the fifteen to consern that waye I absolutly refused."
As in the former rebellion, the press belonging to the town's
printer became exceedingly useful to the rebels, and for a time
at least James Chalmers, the printer, issued their manifestos,
but latterly he fled the town, and in consequence his house and
belongings were specially marked out for outrage and destruction.
The absence of Chalmers was also felt by the inhabitants, who
were thus deprived of the news schedules which he seems to
have printed, giving particulars of the reverses and successes of
the rebellion.
At a head court of the citizens held on the 7th December,
1745, there was submitted an order from Lord Lewis Gordon
demanding payment of the cess for that year, and also that the
town should furnish their quota of armed men, in the ratio of a
man for each ^100 of valued rent, or to pay the sum of ^5 in
lieu of each man, under pain of military execution. Seeing that
there were between 1800 to 2000 men about town, the meeting
was of opinion that the threat was no idle one, and so they
appointed a committee to treat with Lonmay on the subject, and
get the best terms possible in the circumstances. Lengthened
negotiations passed in regard to the matter, the committee
endeavouring to get off for the sum of ^500, while Lonmay
insisted on receiving a 1000, and ultimately they had to agree
to the Governor's terms and pay the latter sum.
A graphic account of the state of the burgh during the close
of 1745 is given in the Diary of the Rev. John Bisset, from
* Miscellany, Spalding Club, I., 405.
INTRODUCTION. XXXIX.
which it can be plainly seen that rumours and false alarms kept
the people in a state of constant excitement. Now it was
French troops being landed at Montrose, Stonehaven or Peter-
head, then rumours that Prince Charles had been slain in
Edinburgh and his army routed, or again that Loudon was
marching to the relief of the burgh with over 2000 men from
Inverness, while all the time the uncertainty of getting any true
information leads the reverend gentleman to write his corres-
pondent that " I find false news among Whigs as well as among
Tories, which is the reason that the one end of the gazets I
send you do contradict the other." One of the incidents of the
rebellion which caused a great excitement in the town was the
skirmish at Inverurie on 23rd December, in which Lord Lewis
Gordon defeated a body of Highlanders, chiefly Macleods and
Munros, who had been detached by Loudon for the purpose of
relieving Aberdeen.
In the early days of February Bisset reports that large
numbers of the rebels passed through the burgh on their way
northward, and according to his account the Prince was in
Aberdeen on the eighth of that month, but in this he was
mistaken, as Charles on that date was at Clova in Forfarshire
with the portion of his army which took the Highland road.
The Government forces entered the town in the afternoon of
the 25th February, and two days later the Duke of Cumberland
took up his quarters in the Guestrow, and held his levees in the
Marischal College buildings. During his stay of nearly six
weeks the Duke entertained the citizens at a grand ball held in
the college, and on the 6th March he received the freedom of
the burgh. Before leaving to go northwards on the 8th April
he appointed twelve prominent citizens, among whom were six
ex-provosts, commissioners to carry on the government of the
town, while he left Captain Crosby as military commandant of
the 200 troops who were lodged in the new building of Gordon's
xl. INTRODUCTION.
Hospital, which had been specially fortified with ramparts and
pallisades, and renamed Fort Cumberland. The I5th of April,
being the Duke's birthday, was made the occasion of a great
outburst of loyalty in the town, and an elaborate programme
was prepared by the Governors, which included the ringing of
the bells, a turn out of the town's volunteers, who had been
enrolled to the number of 400 men, an illumination of the town
in the evening, and a function to which the officers of the
military and volunteers were invited to meet with the principal
inhabitants to drink "loyal tosses." Three days later the same
programme was repeated on the Governors receiving information
that on the i6th His Royal Highness had gained a complete
victory over the rebels at Culloden.
The duties of the Governors, in addition to organising these
fetes, was to precognosce persons who were suspected of having
been concerned in the rebellion, and in gathering information as
to the movements of the rebels. In performing the latter duty
they seem to have been exceedingly zealous, as they had an
arrangement with the various ministers for thirty miles round
the town to send them reports.
A matter which exercised the minds of the Governors to a
very great extent was the endeavour to get rid of the embargo
that had been laid upon local shipping from leaving the harbour,
but in this they were unsuccessful, and the citizens generally felt
they had a grievance in not being permitted to exchange their
merchandise of cloth and salmon for the " necessarys which we
use to gett from London, Newcastle, and the firth of Forth."
Time after time this matter appears to have been pressed on the
notice of those in authority, but without avail, for however loyal
the majority of the burgesses might be there was always the
possibility of prominent rebels escaping from the country in
these merchant vessels. The experience of the '15, when the
Chevalier and his friends escaped from Montrose in spite of
INTRODUCTION. xli.
warships watching the coast, was remembered by the authorities,
and consequently a strict blockade was put on all the northern
ports as far as local shipping was concerned.
The precautions of the Government do not seem to have
been uncalled for, as the south country men, after the battle of
Culloden, made their way southwards at once. From the
reports of the Governors it would appear that two days after
the battle there was a rally of the rebels at Ruthven in Badenoch,
and among them was said to be Prince Charles, the Duke of
Perth, and others, and that they there dispersed, the laird of
Stoneywood tearing the colours from the staff. The minister of
Birse also reports that on the i8th the Angus men passed
through Braemar in great confusion.
So pressing did the Governors become regarding the opening
of the port, and so great the fear that some of the rebels might
escape, that about the beginning of May a party of seamen
from one of the sloops of war was landed and unrigged the
whole of the shipping, thus rendering them helpless.
About the same time all the boats and " yauls " at Newburgh,
with their crews, numbering some forty men, were commanded
to repair to Aberdeen harbour immediately, which they did.
Meantime, while the negotiations were going on for the
release of the shipping, the tolbooth was being rapidly filled
with suspects, till on the 23rd May the Governors report to the
Judge Advocate that the place was full, and that owing to the
excessive heat the prisoners "are in a dismal situation."
> The Governors continued to exercise their duties till the 9th
July, when, by virtue of an Act of the Privy Council, dated
1 6th June, the election which had been interrupted on the
September previous was completed by the old and new councils
electing office-bearers to act till Michaelmas, 1746. The first
action of the old and new councils after the election was to
confirm the grant of the freedom of the burgh granted to the
6
xlii. INTRODUCTION.
Duke of Cumberland by the Governors, and they now resolved
to have the burgess ticket extended "in the genteelest form,"
and presented to the Duke in a gold box. Another act approved
was much of the same nature, and provided for the deletion of
the names of all who had been made burgesses by the rebel
council, and in the Burgess Register, on one page under the
deleted names, there is the note" The above fellows were
made Burghers by the Rebels who made Alexander Diram
Clerk of Court and Collector of the Taxation within Burgh."
On the opposite page of the Register is the admission of
Cumberland, following which are those of Hawley, Albemarle,
Cathcart, and Marquis of Granby, &c.
The last incident connected with burgh history arising out
of the Rebellion of 1745 took place on ist August, the anni-
versary of the accession of George I., when the officers of the
36th regiment, then quartered in the burgh, took upon themselves
to order a general illumination of the town. The order was
only very partially obeyed, with the consequence that the soldiers,
acting under command of their officers, smashed the larger
portion of the windows in town. The Magistrates, feeling that
the dignity of their office and right of administration were in
question, acted promptly, and at once arrested one of the officers
whose conduct had been conspicuous in the affair. Proceedings
were instituted against him, but the case was not finally disposed
of till 1747, and then only on the intercession of Albemarle and
others, when decree was given for 60 i6s. 5d. against the
officers of the 36th, as representing the damage done to the
windows of the poorer citizens in the town. This incident
closed the history of the '45 as it affected the capital of the
North, and Aberdeen, like the other burghs in Scotland, has
enjoyed from that date an almost unbroken experience of
prosperity and advancement.
INTRODUCTION. xliii.
Paper No. XXI. is from Lord Forbes' collection, and gives
a description of the battle of Prestonpans by an eye-witness.
Paper No. XXII., the Journal of the marches of His Royal
Highness the Prince Regent's army, &c., was obtained from a
collection of pamphlets describing various events of the time.
Paper No. XXIII. is the reproduction of a broadsheet
printed at Derby immediately after the army under Prince
Charles Edward had left on its retreat to Scotland, and has been
selected from the papers belonging to the Earl of Erroll.
Paper XXIV., A. and B., giving two accounts of the battle of
Falkirk, has been obtained from the collection of old pamphlets
above alluded to.
Paper No. XXV., showing how the troops were located at
Aberdeen and neighbourhood while on their way North to
Culloden, is taken from the Fintray House papers (Lord
Sempill's). The letters to Lieut. Forbes, commanding at
Tarland, refer to the following year, but the matters are
sufficiently consecutive as they stand, and it was not considered
necessary to break up the paper, to put them in exact chrono-
logical order.
Paper No. XXVI. was contributed by the late Mr. Stuart
Burnett. The original letters from Captain Alexander Stuart of
Dunearn were in Mr. Burnett's possession. They contain a
very graphic account of an expedition from Aberdeen to
Corgarff Castle in Strathdon in the month of February, 1746,
on which occasion Captain Stuart commanded a troop of
D,ragoons ; and also an account by that officer of his experiences
at Culloden.
Paper XXVII. These extracts from the Records of the
Synod of Moray have been contributed by the Rev. Stephen
Ree of Boharm. They describe the action of the Synod which
was sitting at Forres while the battle of Culloden was being
fought.
xliv. INTRODUCTION.
Paper XXVIII. The Kilmarnock Papers. These have
been kindly given for the use of the Club by the Earl of Erroll,
and consist chiefly of letters from his Lordship's ancestor, the
Earl of Kilmarnock, while a prisoner under sentence of death
in the Tower of London, to his son Lord Boyd, who subsequently
succeeded to the Earldom of Erroll.
Paper XXIX. This account of the Trial of Lord Lovat,
by one at the Trial, has been obtained from Lord Forbes'
collection.
It has been found necessary, as the papers have come from
the printer, to divide them into two volumes the remaining
portion will be issued hereafter with a separate Introduction.
The Index will appear at the end of Vol. II.
In issuing this volume the Editor desires to refer to those
who have so kindly aided him in obtaining the papers. The
collection was commenced with the help of the late Mr. Charles
Elphinstone Dalrymple, whose loss to the Club is so well known
to all its members, and remains the subject of deep regret.
The Editor's thanks are due to the Earl of Erroll for the
Kilmarnock Papers ; to Lord Forbes, from whose collection
many of the papers have been obtained ; to Lord Sempill, from
whose documents at Fintray House the several papers produced
were selected by the late Mr. Dalrymple ; to Mr. A. M. Munro,
for the help he has so kindly given with reference to the
Extracts from the Burgh Records of Aberdeen ; to the Rev.
Thomas Bell, Keig, Aberdeenshire, for the Extracts from the
Presbytery Records of Alford ; to the Rev. Stephen Ree,
Boharm, for the Extracts from the Synod Records of Moray ;
and to Dr. Dickson, of the Register House, Edinburgh.
INTRODUCTION.
xlv.
The Editor has at all times received the most cordial
aid from the Secretary to the Club, Mr. P. J. Anderson,
to whose kind assistance in seeing the papers through the
press, his warmest thanks are due.
J.A.
CONTENTS OF VOL. I.
PACE
I. Report of the Committie anent the Peace off the Highlands,
1699 ... ... ... I
II. Protest by Highland Heritors against giving Bond for
Peaceable Behaviour of Tenants, 1699 ... ... 4
III. Lists of Heritors who have given Bond for Peaceable
Behaviour of their Men, 1699 ... ... ... 8
IV. Commission, Lord Forbes to Laird of Auchintoul to Search
for and Apprehend broken and loose men, 1700 ... 19
V. Bonds by Heritors in Presbyteries of Kincardine and Alford
to Concert Measures for the Peace of the Country, 1700 20
VI. Proceedings relating to Alaster Mor, 1702 ... ... 24
VII. Correspondence, Earl of Mar and Magistrates of Aberdeen,
1714 ... ... ... ... ... ... 28
VIII. Address to the King by the Synod of Moray, 1714-16... 30
IX. Extracts from Aberdeen Burgh Records, 1715-16 ... 39
X. Proof of several persons being forced to the Rebellion 1715
by the Earl of Mar ... ... ... ... 55
XI. Petition by Alexander Gordon, Younger of Auchlyne, 1715 59
XII. Extracts from Presbytery Books of Alford, 1715 ... 62
XIII. Letter written by Rev. John Alexander of Kildrummy to
his Wife (1716) ... ... ... ... ... 124
XIV. Instructions to Lord Rothes (1716) ... ... ... 129
XV. Report, &c., relating to the Highlands, 1724 ... ... 131
CONTENTS. xlvii.
PAGE
XVI. Report, &c., relating to the Highlands, 1727 ... ... 150
XVII. Memoriall anent the True State of the Highlands as to
their Chieftenries, Followings, and Dependances before
the late Rebellion... ... 166
XVIII. Proclamations by James VIII., 1743 ... ... 177
XIX. Proclamations by Prince Charles Edward, 1745 ... 182
XX. Extracts from Aberdeen Burgh Records, 1745-46 ... 195
XXI. Cope's Battle, 1745. (By an Eye-witness) ... ... 279
XXII. Journal of the Marches of His Royal Highness Prince
Regent's Army, from the time they entered England
the 8th of November, till their Return to Scotland the
2Oth December, 1745 ... ... ... ... 283
XXIII. A Plain, General, and Authentic Account of the Conduct
and Proceedings of the Rebels during their stay at Derby,
4th to 6th December, 1745 ... ... ... ... 287
XXIV. Two Accounts of the Battle of Falkirk ... ... 294
XXV. The Troops at Aberdeen, 1745-6 ... ... ... 299
XXVI. Letters from Alexander Stuart of Dunearn (1746) ... 310
XXVII. Extracts from the Records of the Synod of Moray,
1745-6 315
XXVIII. -The Kilmarnock Papers... ... ... ... 322
XXIX. Account of the Trial of Lord Lovat, by one at the Trial 331
ILLUSTRATIONS TO VOL. I.
(These have been prepared by Messrs. G. W. Wilson &> Co., Ltd., Aberdeen.)
\. JACOBUS TERTIUS.
Peint a Bar-le-duc par A. S. Belle
Peintre de S. M. Brittainque.
et grave par M. Horthemels.
From an engraving in tlie possession of the Earl of Erroll. Frontispiece.
MM
2. FACSIMILE OF BOND by Heritors of the Presbyteries of Alford
and Kincardine, 1700. From the original in the possession
of Lord Forbes to face 22, 23
3. THE CHEVALIER DE ST. GEORGE (James III.) From a miniature
in the possession of the Rev. James Cooper, D.D. ... to face 39
4. LE PRINCE CHARLES EDOUARD STUART (Dipinto in Roma da
Domenico Dupra Intagliato da N. J. B. De Poilly). Ne a
Rome le 31 Decembre, 1720.
Edouard presque senl, Vole vers ses Etats,
Sa Fortune et ses droits Accompagnent ses pas :
Quel Prince mieux que lui, Pretend a la Couronne,
Si le sang la transmet, si la vertu la donne.
Se vend a Paris ches N. J. B. De Poilly rue St. Jaques a
1'Esperance, 1746. From an engraving in the possession of
the Earl of Erroll to face 177
5. LORD LEWIS GORDON. jEt. 13. Alexander pinxit 1738. Front
a painting in the possession of the Duke of Richmond and
Gordon to face 209
6. THE EARL OF KILMARNOCK. J. Baure, Sculp. From an
engraving in the possession of the Earl of Erroll. to face 322
7. LORD BALMERINO. From an engraving in tlie possession of
the Earl of Erroll ... ... ...to face 324
ILLUSTRATIONS. xlix.
8. LETTER FROM THE DUKE OF HAMILTON to the Countess of PAGE
Yarmouth written inside an eight of diamonds. From
the Kilmarnock Papers, in the possession of the Earl of
Erroll to face 328
9. TICKETS OF ADMISSION to the Trials of Lords Kilmarnock,
Cromertie and Balmerino, and of Lord Lovat. From
the Kilmarnock Papers, in the possession of the Earl of
Erroll to face 331
10. VIEW OF WESTMINSTER HALL during the Trial of Lord
Lovat. From an engraving in the possession of the Earl
of Erroll. (Key on following leaf) to face 338
11. THE COFFIN PLATES OF LORDS KILMARNOCK, BALMERINO
AND LOVAT the two former beheaded on Tower Hill on
1 8th August, 1746; the latter on Qth April, 1747. They
were buried in the Chapel of St. Peter ad Vincula in the
Tower a flat stone with two circular and one lozenge
shaped marks indicating the spot where they were interred.
On alterations being made in the Chapel early in this
century the coffin plates were discovered. From the
Kilmarnock Papers, in the possession of the Earl of Erroll.
(To follow Key above-mentioned.)
I.
REPORT OF THE COMMITTIE ANENT THE PEACE
OFF THE HIGHLANDS, 1699.
6th December, 1699. The Commitic anent the highlands and
garisons.
Sederunt Viscount of Tarbet, Lord Forbes, Lord Aberurchill.
Viscount of Tarbet elected Preses.
i mo . Its the opinion of the Committie that a garison be established at
Ruthen of Badenoch consisting at least of thirty Centinels w l a Captain
and subalterns, two Sergeants two Corporals and a Drum, as also that
thrity men be posted at Bellivatt in the Parioche of Ardclack in the
Shire of Murray under the command of Captain Broadie in my Lord
Stranevers Regiment w l inferiour officers conform and in like manner that
a party of fourty Centinels be posted again at Invermoriston under a
captain and other officers conforme for gaurding all the Shires be north
that pass which lies betwixt Invermoriston and Lochdurn under the
command of Captain Neil McLeud in his Mties gaurds, and its the
opinion of the Committie that all the parties posted for gaurding of the
countrey shall consist of detached men, and not of intire companies,
And that they be highlanders where they can be had as fittest for that
highland Service.
2 do . Its the opinion of the Commitie that whereas the highland chiefs
and Landlords at the time of their giving Security for their Clanns and
dependents accustomed to give in Lists of such persons as they will not
be answerable for, and for no others by which methods they alwayes
leave out the notable theives and Robbers of their Clanns and by whom
most part of the Robberies and thefts are committed and heirby they
render both our laws and their securities elusorie therefore it appears
fitt that by open proclamation the highland Chieffs and Landlords should
be declared lyable for all othr claims and dependents w'out regaird to any
2 REPORT OF COMMUTE?:
such exception and that it shall be Enough for the pursuer for thefts or
robbers to prove that the persons guilty of the crimes were receipt within
the bounds of their Cheiffs and Landlords, for the space of fourtie eight
hours. Thereby to make their Cheiffs and Landlords lyable for the
damnage.
3 tio . Its offered by the Commitie to the Counsels consideraen if it
were not expedient to renew the old practice of chargeing the highland
Cheiffs and Landlords to present such robbers and theives ag l whom
Crymes are proven or who are declared fugitives by the Courts at ane
certaine day and failzing thereof that the Cheiffs should enter their persons
in Blaknesse or some other of the King's Castles there to remain till
they produce the Criminals which as it was the former practice so it
seems to be grounded upon the Seall Acts of Parla 1 particklarly upon
2 Act i. par. K. Ja: sth.
4 to . Its the opinion of the Commitie that in the same proclamation all
the Leidges be prohibited to buy Cattell from highlanders but such
Catell only as are attested by some Landed men to become gear under
pain of being lyable for all the goods which shall be proved to have
been stollen w' the goods so bought in company.
5 to . Its the opinion of the Commitie that in the method of tracking of
stollen goods it should be thus explained that when I track goods unto
lands belonging to B. if the track goe further then the men of B. land
should concurr to goe along in pursueing the track to C. land, and so
forth still untill the tracks terminat And as the heretors where the track
terminats is lyable so if these on B. doe not concurr and goe along to
follow on ut supra. Then the lands refuseing to pursue the track should
be holden as lyable and since provisions may fail the pursuers it should
be ordered that the next tenants shall affoord them provisions at the
market rates, and if they refuse to be lyable as accessory to the theft,
and that the person on whom the theft terminats shall be lyable also for
six shilling Scots p diem to every on of the pursuers and further that
every person who gives concurrence shall have his expense from the
pursuer and the pursuer have it from the person lyable for the theft and
that every place which is obleidged to concurr in the pursuit as is said shall
be obleidged to send the third fencable man to this asistance if the
pursuer require so many. And this expence over and above all former
pains men', in the laws and that this be expressly insert in the proclama'n.
ANENT PEACE OF HIGHLANDS, 1699. 3
6 to . Its the opinion of the Commitie that for encouraging people to
stop and recover stollen goods it would be enacted if they who turn back
stollen goods and deliver them to the owners, shall have a third p l of what
is so recovered for their travel and hazard receiving acn for these as weil
as for other damnages from the theives their cheiffs and landlords, the
Recoverers who gets this recompence alwayes proving who the theives
were, that the person injured may recover his loss, and that this be
expressed in the proclamation.
7 timo . Its the opinion of the Commitie that if the Commissioners of
Justiciary be continued or renewed that their be fewer Highlanders and a
great number of Lowlanders put upon it and that they be restricted
positive to medle in no acns but in thefts robberies and slaughter
committed in the highlands and by highlanders.
II.
PROTEST BY HIGHLAND HERITORS AGAINST GIVING
BOND FOR PEACEABLE BEHAVIOUR OF TENANTS, 1699.
UNTO THE RIGHT HONOURABLE The Lords of his Maties privie
Councell The petition of the heretors of the Shires of Aberdeen
and Banff having Lands in the highlands and particularlie John
Farquharsone of Invercald John Forbes of Inveraren Alex r .
Gordon of Camdell &c.
Humbly Shewetk
That where the petitioners are latelie charged by vertue of ane
warrand granted by the Lords Com rs . of Justiciarie appoynted for the
northern district To have compeared before them and found caution for
ourselfes mentenents and servants &c : in the terms of a bond herewith
presented to yo r Lo., and are enacted to signe the same the next court
day most wrongouslie &c : Considering that albeit yo r petitioners do
most heartilie abhor the disorders wherwith the highlands are too much
disturbed and are most willing to all maner of order for the execution of
the good and laudable laws made for repressing these disquiets And are
likewayes most heartilie willing to give all due and readie complyance to
the honorable Courts of Justiciarie, Yet we most humbly conceived the
bond latelie appoynted to be signed be us will after the consideration of
the grounds following deserve to be changed as to the form and clauses
therof, and your Lo. will find the reasons humbly offerred to be sufficient
grounds why the samen aught not at present to be prest i Because the
draught of this bond being communicate to your Lop 5 ., your Lop. did
appoyntt a committee to examine it and prepare a draught to be signed
by us And that being now under Lo. consideration upon application
from the Com rs . themselfes It is humbly conceived ther aught nothing to
PROTEST BY HIGHLAND HERITORS. 5
be concluded or determined farther in that matter untill your Lop.
resolution be known 2 Wee shall never declyne to give bond in the
verie terms of the law but we do with respect beseech your Lo. To
consider the forsd. bond which we are appoynted to signe and it will
easlie appear That a great many of the clauses contained in it will need
at least explea" if not amendment and to mention the subsumption
bearing the necessitie of putting the Laws in execution with the addition
of other effectual! meanes and wayes to be used as if ther could be any
other rule but the Law We beg that the clause wherby we are appoynted
to oblige ourselfes in name and behalfe And taking burden in and upon
us for the haill men &c. living within our bounds That they shall live
quetlie obey the Laws made agt disorders of the highlands may be
compared with the acts of parlia 1 . appoynting us to find caution, And
we do confidentlie assert That the extension of that clause and the still
of it is conform to none of these acts, as to which in generall it is to be
observed That we are priutlie bound for no mans facts perellie but our
own Indeed if we do perform what the Law requires of us Directlie we
are declared lyable by way of certification and punishment for the
damnage ariseing from oth r peoples crymes but by no Law are we
directlie bound to take burden for them That they shall live peaceablie
and for farder explication and clearing of this matter we humbly beseech
the act 94 par : ij Ja : may be considered ; wherby it is statute that if any
men &c. within our bounds committs masterfull theiffe theift or recept of
theift, depredationes open and awowed fyre raising upon deadlie fead
protected and maintained by their master In that case the Landlords &c.
are only required to present the person complained upon to justice And
that upon 15 dayes warning And by the 108 act of the same parlia 1 .
sufficient diligence is even equivalent to the pnting of the pairtie
complained upon, If neither of these be performed the Law hes established
a just and severe certification, but it is expresslie faillieing therof The
La\v does Lykewise require that we should concurr for making the Laws
effectuall and we are willing to be bound to do it The 231 act par : Ja :
b : which was dagested with all care imaginable and no alteration as to
this poynt on the contrair The first clause of it does relate to the former
act and requires the Landlords &c : who had not alreadie found severtie
To find severtie only in the terms of the former Law because ther wes
no other rule, That act does indeed appoynt a generall bond to be taken
6 PROTEST BY HIGHLAND HERITORS
but still that bond only concerned the facts of those who were to
subscrive it That they should concurr to seek the execution of the act
ag l the theives and rebells but by no Law are lyable for the facts of
others derectlie and priullie, but only in case of faillieing of that which
is in our own power and if ther were any ambiguous and generall clauses
in any Law yet it were to be understood in the terms of the forsds acts
and not to be extended in a penall case 3'' we must beseech your Lop.
to consider the clause wherby we are obliged That our men &c. shall not
commit murder or be guiltie of fyre raising for we do conceive that that
clause ought Lykewise to be in the precise terms of the Law, nor can
We be preciselie bound to subject ourselves to the pain of death for the
deeds of those creatures of whome we have farr less command than we
have of our beasts 4' Wee are to be obliged that our men shall not
harbour recept or intercommun with theives or lawless persones as to
which ther is a most express claus in the 94 act 7 par : Ja : b. ordaining
that in case any landlord or baillie receive or recept any persone upon
their lands or arrest them not when they pass through with true mens
goods stollen or reift If the samen comes anywayes to their knowledge
or that it be tryed that they might have stayed or withstand the sds.
reiffs and oppressiones whilk knowledge and power of the landlord shalbe
tryed be ane assise The master in that case wes lyable to present the
persone of the offender or faillaeing therof to pay the skaith, and we
most heartalie willing to be obliged in the terms of the Law, but that we
should be lyable for recepts or intercomuning with fugitives which it is
impossible we should know or discover is without all fundation and
undoubtedlie wes not the intention of the Com 1 " 3 , and therfore this clause
deserves a farder explication and in our opinion cannot be better exprest
than in the words of the law 5 to Ther is lykewise ane expres act of
parliat. anent blackmaill which is most properlic the rule in that case and
the presenting of our men &c. to justice when accused on that poynt of
dittay being lawllie required is all that we can be bound to do 6 l That
we should be bound to repair the damages done by our mens Is ane
exceeding hardship except in the terms of the act of parliat. That we
faillieing on our parts to present them to justice or concurr to execute
the laws 7 mo The obligement to present a list of all residing upon our
bounds does lykewise deserve a farder explication for as for instance if
any of our tenents are pntlie warned to flitt and [at] Whitsunday we
AGAINST GIVING BOND, 1699. . /
cannot be lyable to answer for these tenents who are just going off of
the ground and for whom the next master must be lyable, And therfore
if the lists be required of us we must be allowed to qualifie the lists
accordinglie 8 The acts of parliat. having established sea" penalties in
case of contravention according to the sea 11 circumstances the bond
ought to contain to further penaltie in case of not performance because
in effect the haill bond is but ane obligement of penaltie 9 The forsd
act 94 par : 7 Ja : 6 does make a distinction betwixt the nature of the
obligements to be granted by such heritors who have their lands in the
hylands but indeed have their residence in the Lowlands, And we do
intreat that the lands to be taken be such of us as are in these circum-
stances may be conceived in the terms of the forsd. act, Lastlie ther is
no Law obliging us to find caution bypast alle' incurred by our men
being only bound as to bygones either to present or pay the damages
when we are legallie conveened for that effect espeallie considering that
your Lo. have latelie found by a solemn determination That our
obligation is only alternative and to accumulative both to present and
pay, but that we are freed noxe deditione et noxa caput sequitur, neither
can We bound for persones alreadie denounced any otherwayes then as
aforsd. And on the whole we can be lyable in no one single particular
for the crymes of others except wher ther is a specifick statute requyring
it notwithstanding of qch relevant objectiones The Com" of Justiciarie
intends to proceed Therefor we beseech your Lo. &c.
Edr. 17 Aprile 1699.
Sists execution hereon till the fourth day of May next And in the
mcantyme allows the Com rs . of the highland Justiciarie to sec and answer.
Sic sub r . MAR. QUEENSBERRIE.
ANNANDALE. MORTON
III.
LISTS OF HERITORS WHO HAVE GIVEN BOND FOR
PEACEABLE BEHAVIOUR OF THEIR MEN, 1699.
A.
LIST OF HERETORS above Collbline who have bonded to the peace
for their men's good behaviour and also of their men given up
by them.
List off the tennants off Monaltrie
Charles ffarqrsone John Riach botmane
Donald ffarqrsone his sone John Riach his sone
ffindlay ffarqrsone Alexr Downie milert
James Orack Rot Coutes
Thomas Baine John ffarqrsone elder
James Symone Grigor McGrigor
John ffarqrsone John Gordone
James Baine James Ladiyame
John Dune his servant James Ladiyame his sone
Don : Maxwell James Elsmie
James Maxwell his servant James Mcphersone
List off the tenants dwelling upon the Earle off Marrs free rent in
Braemarr
Andrew Stewart in Glen Clunie Don : Grant th r
Jon Stewart his servant Alexr. Robertsone th r
Alcxr Mchardie th r William Robertsone his sone
Duncan Mclntosh Dun : Robertsone th r
Donald Gruard Rot. Mchardie th r
Jon Mchardie Geo. Mchardie his sone
LISTS OF HERITORS.
Don : Stewart servant to Dun :
Lyon
Alexr Thomson in Tominreian
Tho : Thomson his sone
Archibald ffarqrsone th r
Rot : ffarqrsone his broth r
Donald McGilvry th r
John McGilivie Miller
John and Donald McGilivies
Andrew McGrigor th r
John Stewart th r
John ffarquharson
Wm Smith
Donald Catenach
Lachlan Bain
John ffraser
John Buy
John Mckarrell
Duncan Bain
Wm Bain
John Couts
Alexr. Couts
Donald Grant
All : ffraser
John Lunan
Donald Gordon
John MckRory
Duncan Shaw factor
Donald Grier his servant
Gn'gor Gassack
Donald MckGrigor
Wm MckGillawie
Donald MckGillawie
Alaster MckGillawie
Alaster Mckanarch
Alaster Mckanarch y or
Dun : Grant th'
Alexr. Cammell
And : Shaw thf
Alexr. Frazer
Alexr. ffrazer his servant
Alexr. Bremmer th r
John Stewart his sone in law
John Ratra th r
John Grant yor. and elder
Don. Gruar in Auchallater
Alexr. Gruare th r
of Invercald his men
Alester May
John Mckgillewie
Thomas Mckgibbon
Donald Mcklachlan
Alester ffarquharson
David fforsyth
John Mckhardie
Alaster Oven
Donald Grasseck
Andrew Thomson
Alester Catenach
John Mckgillewie
Donald Mckgillewie
Donald Buy
James MckAndrew
Wm Oven
Duncan Roy
John Buy
James Buy
Alester Mckhardie
Grigor Rcnach
John ffraser
Donald Comay
John MckRory
IO LISTS OF HERITORS
Alaster Bain Wm. Grasseck
Duncan McGillespick Donald Couts
Grigor his son William Ower
Charles his son James Catinach
Andrew Mckallum James Donald
Alaster ffraser Donald Couts
Andrew Gordon Donald Couts
John Gordon John Mchardie elder
Alexr. Gordon John Mchardie y or
David Couts James Mchardie
Alester Mckmweig John Duncan
Alester Mckmweig his son John Mcksiver
John Mckmweig his son James Mcksiver
John Mckmlailor Wm Mchardie
James May James Couts
James May y or Robert Mckmweigmay
Pat. ffarquharson of Inverey his tennants
John Mcdonald in Gleny John Kaie
Alester Mcdonald th r Duncan Kaie
Angus Mcdonald th r Grigor Kaie
Alester Mcdougall th r James Kaie
John Mcdougall th r James Glass
Donald ffarqrson in Invery John Steuart
ffindlay ffarqrson his son James Mckgillewie
Rond ffarqrson th r Callom Steuart
Collen Mcgillewie his serv' Donald Mclntosh
James ffarqrson John Mclntosh his son
Wm. ffarqrson his Brother John Mcgilliwie
James Mcgillewie th r John Mcgillewie
Pat Douny Andrew Mcgilliwie
Lachlan Berry ffindlay Mcarrar
James Mcpherson John Mcdonald
John Mckarric John Mckenzie
James Kay Al : Shaw
Wm Kay John Grant
Alester Kaie Gco : Steel
GIVING BOND FOR BEHAVIOUR, 1699. 1 1
John Farqrson of Allenaqu'hock his men
John Du All : in Allenaqhoik
John Du yr John Couper
Duncan Du Donald Morgan
Wm. Yowish Edward Du
John Broun John Du
Donald Mckenzie John Mcpherson
David Yowish Duncan ffleming
James Bain Wm. Steuart
James Ague Donald ffarqrson
Ronald Sanderson
Kenneth Mckenzie of Dalmore his men
John Clerk John Mckgillivie
John Clerk yor A11 . Mcpherson
Donald Clerk James Dey
Alexr. Mckenzie Duncan Mckenzie
John Mckenzie Archbald Mckenzie
James Mckenzie Wm. Moir
Donald Robertson All : Shaw
Donald Mckenzie
Ludvick ffarqrson of Achendryn his men
Patrick Mckgilliwie John ffarqrson
Patrick Grant Wm. Allanach
Patrick Mckgillewie Donald fforbes
John Shaw John Ersk alias Mcgrigor
John Robertson Alester Mcgilliwie
Alester Couts Donald Steuart
John Grever Donald McGilliwie
John Allanach
Donald ffarqrson of Camasnakest his men
John Mckintosh Donald Erskin alias Mcgrigor
John Mckintosh y? James ffarqrson
John Ague John Ogilvie
Wm. ffarqrson James Ogilvie
David Brasiner James Couts
12 LISTS OF HERITORS
John Mchardie of Crathie his men
ffindlay Mchardie Delldowry Alexr. Riach th r
John Shaw in Crathenard John & Wm. Riachs his sons
Wm. Ratry th r John Gow in Crathie
John Sherar th r James McAndrew th r
James Ague th r Donald Steuart th r
Thomas Rotrey th r Alexr. Steuart th r
Wm. Small th r Donald McAndrew th r
John Small th' John ffraser th'
Alexr. hay th r John McAndrew th r
James Cattinach th r
Charles Mchardie of Micras his men
John Steuart & James ffraser both his servants
James ffarqrson of Tullicchoy his men
John Mitchells elder & y r Al : Symon & John ffleeming his
James Mitchell men
Robert Mchardy
Wm. Mckdonald por'ner of Micras his men
Donald ffraser & John ffraser his John Gald & John Morgan
son A: Morgan Thomas ffraser serv 1 to Wm. Mcdonald
James Morgan John Steuart
ffindlay ffarqrson of Cults his men
ffrancis Young in Bellackrich John Mchardie th r
John Elles his serv 1 John May th r
James Gordon in Cults Donald Couts th r
Rot. Gordon his son James Mitchell th r
James Cowts th r John Morgan a serv'
John Gordon th r John & Hary ffarqrsons sons to
Duncan Chrystie th r M r . Arthur ffarqrson of Cults
James Chrystie his son elder
GIVING BOND FOR BEHAVIOUR, 1699. 13
James Couts of Rantsantrish his men
John Morgan in Micras Donald Mckenzie of Foregatter
hath given up no men
This is a true List of the heretors that gave Bond for ther mens
peaceable behaviour to the Commissioners of Justiciary at Insh the 26,
27, & 28 days of Oct er Last & of the men then given up by them.
Extracted & sub d this tenth of Octo r 1699 by me -
Sic subscribit THO : FORBES.
B.
LIST OF THE HERETORS in Strathdon and above Towie who have
given Bond to the Commissioners of Justiciary for the peaceable
behaviour of their men, and also of the men given up by them.
Alexr. Straquhan of Glenkindie
John Miln in the Lerg
John Miln y or there
Alexr. Mckaliway
Al. Morrien in Ordelair
George Morret th r
Wm. Morren th r
Adam Croy in Chapletoun
John Rin in pitqulch
Donald Riach
John Riach in Tornahatnich
Wm. Cordiner th r
James Law in Rynawoan
Al. hunter in farmtoun
Pat Tough th""
James Gordon serv 1 to Glenkindie
Ro< Callem th r
James Callem th r
Michael Strachan in Cottoun
John Straq n th r
Joseph Clerk th r
James Milard th r
George Dasson th r
Pat ffinie in Dalforsack
John Greme th r
Jas. Smith th r
Charles Straq" in Old Morlich
John Gordon th r
Wm. Yeild th'
John Watt th r
Wm. Clerk th'
Duncan Callem in Cottoun
John Yeat
Alexr. Cook
John Morice
LISTS OF HERITORS
Pat : Forbes of Culquhany
Al. Thomson
John Yeat y or
Wm. fforbes of Belnboch
Wm. Lawarnancc & John Mulcest his serv 13 & Alaster Muggen in
Corribreg
John fforbes of Ledmacay
John Muilson in Ledmacay
Lachlan ffard in Tornagrivan
James Muilson in Ledmacay
Al. Dounie serv' to Ledmacay
Alexr. fforbes of Invernochtie
John fforbes in Drumanettie
Wm. Kelles in Invernochtie
Ro l Oig & James Grant Inver-
nochties serv ts
John fforbes of Invernettie
Arthur fforbes in Newtoun Pa. Bain his son
Al : Kelles th r Ro' Simpson & Alaster Mck-
Wm. Bain in Tomcroy Christan Invernetties serv ts
George fforbes elder of Skellater his men
John Allanach in Colnabachan
John hardie in Delnam
Alester Allanach in deldergy
Wm. Simpson in Skellater
Ro 1 Simpson in Inverernan
Arthur Og th r
John Og in Coul
Peter Gresseck in Clashnetty
Wm. Riach in Ardoeich
Alexr. Riach th r
Pligsher Riach th r
James Riach in Blewfield
Alexr. Grassick in Bog
James Dasson in Broomhill
John Gouts at Miln of Roppachy
John Riach in Roppachy
Alester Miln th r
Alester Dasson in Blewmiln
John Dasson in Kinbettock
Walter Dasson th r
Wm. Craigie th r
John Craigie th r
GIVING BOND FOR BEHAVIOUR, 1699. 1$
Duncan Anderson of Candacraig his men
Thomas Miln in Lochars John Milne & John Allanach in
John Miln this son Tamanteple
James Miln this son Wm. Smith in Tamaclewn
James McRobie th r Ronald MacRobert John More &
Alester Wattie in Kinstrain Alester Grigor in Tamaclewn
Wm. Wattie his son Aalaster Grassick in Drumalind
John Dunbar & Wm. Reid in Wm. Kesson & Alaster Wattie
Bellogald in Finnelost
John Milne & James Shaw in
Glencarvie
John Fforbes of Deskry his men
John Michy & Alaster Dasson Allan Michie in Barns
his serv ts Alaster dasson th r
John Gordon of Knockaspack his men in Glenbuckct
Alaster Gillenders in Dowlacks John Bettie th r James Bettie th r
Archibald Reid th r Wm. Hay in Overtoun
Wm. Reid in Crofts John Mckyoak in Torenteute
Ffrancis Reid th r Wm. Mckyoak th r
John Kelles th r Pat Gordon in Miltoun & Ro l
Adam Bettie in Nethertoun Gordon his servant
Wm. Bettie th r
John Elphinston of Belabeg his men
Wm. Grassick & John Nairn his Wm. Mckyoak elder & y or &
serv ts Hercules Mckyoak all in
Camertoun
John ffarqrson of Old Lerg his men
Akxr. Swan his servant John Ross th r
Wm. Mcfarland Wm. ffarqrson th r
John Grant in Old Lerg
The above written is ane exact List of the heretors of the Lands forsd
who gave Band for their mens peaceable behaviour to the com rs of justiciary
at Insh the 26 27 & 28 days of Octor 1699 yeirs and of the men then
given up by them extracted by sic subscribit
signed THO. FORBES.
16 LISTS OF HERITORS
C.
LIST OF THE HERETORS of Strathavon, Glenlivet, Glenrinnes and
Cabrach who have given Bond for their peaceable Behaviour, of
their men, tennants, as also of the men given up by them.
James Steuart of Achorachan his men
Alexr. Grant in Achorachan Wm. Grant th r
James Steuart th r Patrick McBain Achbrack
Alexr. Gordon of Camdell his men
Alexr. ffarquharson & his son in Duncan McLaury there
Creachly John McAlester there
John James & peter ffreemings th r Alexr. Robertson in Camdell
Wm. Gordon th r Peter Robertson there & his hyre
John & Wm. Camerons & John man Paull Watson
Steuart in ffetterletter Donald Mclean & Andrew
Wm. Campbell Mkclea th r
John Grant of Blairfindie his men
John Roy in Logan Wm. Gordon in Clashdue
John Gordon in Blairfindy Wm. Turner in Blairfindie
Alexr. Grant of Nevie his men
John & Lodvick Grant his broth 8 Patrick Steuart th r
Thomas Steuart in Clossan John Mkessack th r
James Grant Nevie John Allenach th r
Patrick Steuart of Tambae his men
Thomas Broun in Tullich Thomas Inoch Lodvick Inochth r
Thomas & Patrick Brouns his Thomas Mackalea th r
sons John Mclntailor in Auchnasira
Alexr. Gald in Tambae Wm. Hay in Sachawaich
James Fleeming th r Robert MckRitchie th r
Donald Due in Achdregine Wm. Mckhamies Roy th r
Andrew Bain th r James Mkgoak in Tombca
GIVING BOND FOR BEHAVIOUR, 1699.
Wm. Inash th r
John Mack
John Mackmack in
of Achdregine
John Mackamos th r
Nethertoun
James & Robert Galds th r
James Stephen th r
Alexr. Bony th r
Alexr. Bain Aucharaich
John Grant of Carran his men
John Grant in Culquich
Alexr. Shaw his servant
John Grant his son
James Grant th r
Wm. Royolus servant
Wm. Gordon in Bellintman
Arthur Grant th r
John Mkrobie Carrans mothers
serv 1
John Grant in Tomachlogan
Thomas Gordon th r
Alexr. Riach th r
Wm. Riach th r
John Gordon th r
Lachlan Grant of Delnabo his men
Grigor ffarqrson in Delnabo
Alaster & James ffarqrsons his
sons
John Bain in Glenconglass
Donald Bain th r
Mackauly th r
John Riach in Elleg
Patrick Mackildery in Ardgnier
Alexr. Grant in Achlachan
Allan Bain there
Angus Robertson in Deloniden
Wm. Robertson his son
Donald Grant in
Wm. Grant in Inverlochie
Pat. Grant th r
John Grant th r
Wm. Grant in Bellabeg
Donald Grant in Lyn
Wm. Grant in Kerachom
Grigor Grant of Dallaverrer his men
John Grant his father Alexr. Grant his Broth r & John
& James Grant his sons &
Donald Meldrum his servant
James Grant of Achnahyle his men
Thomas Steuart Wm. Mckqueen this son & John
Alexr. Steuart his son Mckeuen y r
John Grant John Gordon
James Menzics Wm. Cruckshank & Wm. Steuart
John Mckqueen Achnahyles servants
D
1 8 LISTS OF HERITORS.
John Grant of Achriachan his men
Duncan Grant Delnaboyn Alexr. Gordon
Wm. ffarqrson in Achriachan John Gordon
James ffarqrson th r his son Duncan Doul tennant
James Gordon th r Wm. Doul his son
James Mcklachlan there John MckGeorge tennant & his
John Gald Donald Grant & Paul son Wm. & Donald Grant
Steuart all Achriachans ser- tennant
vants John MckLachlan tennant
James Steuart tennant John Gald th r
Gavan Steuart his son Alexr. Grant in Delnaboyn &
John Steuart tennant Wm. ffleeming th r
James Steuart Milner
Lodvick Gordon of Minnimore his men
Wm. Gordon his son Wm. Gordon in Upperdunan
John Mcklea in Minnimore Andrew Crukshank his servant
James Gow th r Lewis Rotrey in Minnimore
John McKomish th r
John Steuart of Drumminn his tennants
Wm. Cow in Bridgend of Drum- Patrick Kamerk alias Steuart in
niinn Easter Inveraune
John Mckmarstin in Cottoun Alester Grant th r
John Hay th r John Grant in Mains of Inver-
Donald Verner Drumminns ser- aune elder
vant John Grant y or th r
Thomas Watson also his servant Donald Gumming in Knockindue
Alaster Grant in Dalvat John Stuart Mckgillendrish in
Alaster Turner in Dovrachie Bellenallen
Wm. ffraser his servant John Grant in Ballivellen
James Allanach in John Gumming th r
John MckArthur alias Steuart th r
Duncan Mcklachlan in Inverichbel
Wm. Glass his servant John Bain in Bellmallen
The above written is ane exact List of the heretors of the Lands above
spec d who gave Bond to the Commissioners of Justiciary for their mens
peaceable behaviour upon the 26 th 27 th & 28 th days of Oct r 1699 yeirs of
the men then given up be them Extracted be
sic subscribit THO : FORBES.
IV.
COMMISSION, LORD FORBES TO LAIRD OF AUCHINTOUL
TO SEARCH FOR AND APPREHEND BROKEN AND
LOOSE MEN, 1700.
BY WILLIAM Lord Forbes on of the Lords of his Majesties Privie
Counsell.
WHERAS wee are informed of the dayly and nightly incursion of
Highlanders and other broken and loose men wherby ther are several
depredatoris and houses broken and that it is most convenient such men
as are the committer or abbettors or outhanders should be searcht and
secur'd, As also such stollen goods should be searcht after in howsoever
custody they may found or thought to be in.
These are therfor giveing full power and warrant to the Laird of
Achintoul to search for and aprehend all such loose and broken men as
also all these who are knowen to be conivers receivers and outhanders in
ther committing the forsds crimes, with full power to him likewise to
dacker and search for all such stollen goods and to secure the persons of
those in whose custody they shall be found so that they may be brought
to Justice and hereby I require all persons at somever and in particular
those of his Maties forces to give ther assistance in this so good a worke
as they will be answerable given att Castle Forbes the 3 d of JaO" 1700.
FORBES.
V.
BONDS BY HERITORS IN PRESBYTERIES OF KINCARDINE
AND ALFORD TO CONCERT MEASURES FOR THE
PEACE OF THE COUNTRY, 1700.
Wee, undersubscribers Heretors in the presbiteries of Kincardine and
Alford, having mett heir and having concerted measures for securing our
selfs from the violent roberies and depredations that are dailie & nightly
comitted in all corners of our countrie Have given power and be this
presents gives power to John Farq r son of invercauld William Forbes yo r
of Craigivar Herie farq r son of Whithouse and Charles Ross of Cloak for
Kincardine Presbiterie. Arthour Forbes of Achintoull Roderick Forbes
yo r of Brux John Leith of Leithhall and John Gordon of Knockaspak
for the presbiterie of Alford to meitt at Kincardine the tenth day of May
ensuing and their to meit with John Forbes of Inverernan or any other
person who shall make proposalls for securitie and preservation of the
Countrie from such roberies and depradations and what the forsaid Com rs
shall unanimously conclude anent the premiss We oblige ourselves to
homologate and performe conforme to our respective valuations within
the said presbiteries In wittness q r off we have signed thir pnts with
our hands att Scotsmill the twentie sixt of Aprile seventein hunder years
Sic Subscribetur
R. Forbes of Brux Forbes
G. Gordon of Terpersie Charles Gordon of Abergeldie
Wm. Leith of Whithaugh Ro. Ross of Auchlossan
Geo. Wilsone Fr. Farq r son of Finzean
Jo. Forbes of Invernettie Alexr. Gordon of Blellack
All. Kerr Factor to the Earl of Geo. Stewart y r of Inverchatt
Marr J. Chalmerr of Ballnacraig
BONDS BY HERITORS.
21
John Gordon
P. Garioch
Will Ritchie of Bogenquill
J. Gordon of Laso
Nathaniell Fforbes of Argeith
Jn. Gordon of Knockaspak yo r
H. Lumsden of Cushney
Ja. Gordon of Newbigging
F. Gordon of Craig
Geo. Garioch of Kinstair
Charles Innes of Belnaboth
Will Forbes of Belnabodach
Jo. Gordon of Railhead
K. Garioch of Tillichetlie
Charles Gordon of Abergeldie
for the Earle of Aboyne
Forbes for Craigivar elder
Auchinhove
Roshill
parson of Kincardin
Cults Gordon
J. Forbes of Balfluig
A. Forbes of Invernochtie
Ro l . Strachan of Kincardin
J. Innes of Sinahard
Fearq r son Baillie to Mar
J. Gillanders Baillie to Drum
Jo. Farq r son of Kirkton of
Aboyne
G. Forbes of Skelator
Al. Strachan off Glenkindie
Duncan Anderson of Candacraig
Lachlan Forbes of Edinglassie
James Forbes of Glencarvie
Alexr. Forbes of Cullquharie
John Forbes of Descori
Pat. Reid of Haughton
We undersubscrybing Hertors Within the Presbitries of Alford and
Kincardin Haveing Mett at Scotsmilne the dait of thir presents and
Haveing Conserted Measures for Secureing Our selves ffrom the Violent
Depredations and robberies that are Daylie and Nightly comitted In all
Corners of the saids Presbitries Have unanimously of our owin Goodwill
Condescended to Pey ane Merk Scots aff off the Hundreth Pounds of
Valued rent to be uplifted and appoynted ffor any Person or persons
that shall apprehend the persons off Allaster Moir alias Mckdonald
Angus Mckdonald alias the Haked Stier John Mckdonald alias the
Laird of Glendy John Roy alias Mckinriach Alaster riach and Donald
22 BONDS BY HERITORS
Riach Angus Dow Roderick and Alaster MckDonalds sons to Duleowir
Allaster or any others whom John ffarquharsone of Invercald Wm fforbes
of Craigivar Harie ffarquharsone of Whyt House Roderick fforbes
younger off Brux Arthour fforbes of Auchintoule John Leith of Leith
Hall and John Gordoune Elder of Knockespick whom the saids Heritors
hath appoynted to meit the tent of May next at Kincardine o neill ffor
ffurthe secureing the peace of the Countrie SHall Think ffitt to be
Apprehended as notorious robbers and thieves And Now seeing John
ffarquharsone of Invercald & Wm fforbes of Craigivar ar appoynted
Collectors ffor uplifting off the said Merks Scots upon the Hundreth
pounds of Valued Rent off each Heritor Within the saids Presbitries
Therffor Witt ye us Gentlemen undersubscrybers to be Bound and
Obliedgied Lyke as be thir presents Wee Bind and Obliedgie us to pay
the said Voluntar Contribution wiz. ane Merk Scots aff off each Hundreth
Pounds of Our Valued rents to the saids John ffarquharson & Wm fforbess
Collectors And that to be peyed Betwixt the dait hierof and the ffyfteint-
day of May next one Thousand seven hundreth yiers under Pain of
Quartering for the samen upon each Gentleman deficient within the saids
Presbitries And the said John ffarquharson and Wm fforbess Obliedges
themselves to Give their Bonds to the saids Gentlemen undersubscryving
ffor the said Money whow soon ever Collected ffor Makeing the samen
ffurthcumand ffor the fforsaid use wiz. ffyve hundreth merks Scots for
apprehending of each of the thrie either dead or alive viz. Alaster Moir
alias McDonald John Mcdonald alias Glendey Angus Mcdonald alias
Haked Stier and ane hundreth merks ffor each of the others above
named and that to any person or persons who shall apprehend any or all
the saids Persons of the forsaids robbers And Incaice ther shall be mor
of the saids Thieves Apprehended then ther forsaid Pryces can be made
up off the fforsaid Conlection then how soon the ffond is Less then ffyve
hundreth merks Scots be the apprehending of one or Mae the saids
thieves Wee obliedgie our selves to Meitt or appoynt ane Committy ffor
us And Make ane new Stent ffor Makeing up the ffyve hundreth Merks
as our ffond ffor Apprehending the saids robbers ay and qill each of
them be brought to Justice And also It is condescended upon that any
person apprehending ane Sorrener or Lawless man shall have ten pounds
Scots for his pains peyable out of the said ffond And Wee obliedgie owr
selves to perform the Premissess In witness wherof wee have subscryvet
K
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^SM X 41
O*fc=*fs^ S-\
TO CONCERT FOR PEACE, I7<X>.
thir presents at Scots Milne the twenty sext day of Apryll one thousand
seven hundreth yiers.
FORBES.
F. Gordon of Craig of Auchindore
Arth. fforbes of Auchintouell
Roderick fforbes yo r of Brux
Jo. Leith of Leithhall
J. Innes off Sinnahard
J. Forbes, Leslie
Jo. Farq r son of Kirktoun of
Aboyne
J. Garioch of Tellichetlie
Wil. Ritchie of Bogenqueile
Jn. Forbes of Inverernan
G. Forbes of Skelater
J. Forbess of Balfluig
J. Gordone off Laws
All. Kerr factor to ye Earl Marr
Charles Gordon for the Earell of
Aboyne
Forbes for Craigivar elder
Auchinhove
Cults Gordon
Parson of Kincardin
Roshill
Rob : Strachane of Kincardin
J. Gillcnders Baily to Drum
J. ffarq r sone of Invercald
J. Leith of Whyt Haugh
Charles Gordon of Abergeldie
Ro. Ross of Auchlossen
W. fforbes yo r Craigivare
F. Farq r sone Finzeane
C. Ross of Cloak
Fra. Farq r sone of Whithous
George Gordon of Blelack
Geo. Stewart of Inverchat
Pat. Reid off Haughton
Charles Innes off Belnaboth
Geo. Wilsone ffinzeauch
J. Garioch in Toux
A. Gordone of Auchlyne
J. Gordone of Newbigging
A. Strachan of Glenkindie
J. Gordone of Hallhead
William Forbes of Belnabodach
Geo. Garioch of Kinstair
Jo. Forbes of Innernettie
G. Gordone of Terpersie
JR. Forbes of Brux
VI.
PROCEEDINGS RELATING TO ALASTER MOR, 1702.
UNTO THE RIGHT HONORABLE The Lord High Chancelor and
Lords of his Majestys most honorable privey
Councell.
The Pettition of Allexr. Mckdonall alies Alaster Mor
Humbly Sheweth
That your poor petitioner being condemned to die upon the 23 inst.
by the Comissioners of justicery for the northeron district I shall not
now reclaim seing the same is aproven by your lops. But doe Humbly
beg and suplicat that your lops, will be pleased to extend that piety and
mercy unto me qch your lops, have formerlie done to others as great
Criminals as I since the hapy revolution and to Exceit your lops,
clemencie and compasion most earnestly beseich ye vill be pleased to
consider first the misfortun of my education having bein hithertoo brought
up in great ignorance that notwithstanding yrof my greatest enemies
have not hithertoo nor can they accuse me of blood murther or any such
Barbarity but y l my leions except or oy r irregularitys I have been guilty
of have proceided either from necessity or my blind compliance with &
folloving thos on whom I depended.
I did still flatter myselfe with hops of saftie because the Comissioners
did contrar to your lops, order as I conceived sentencen me to execut
agst. a preces determinat tym notwithstanding your lops, act and order
to them intimat to sist execution untill the process wer hard before your
lops, and your further orders given yanent q r by I have not had thes due
and serious thoughts of death and eternity qch ver necessar for on in my
condition and ame now most unfitt and unprepared to die Especiallie
seing ther is no minester upon the place to exart me y l can speak my
oun languag wherby I ame a poor object of your lops, clemencie & pitic.
ALASTER MOR. 25
I doe y r for most earnestly intreat your lops, for my Savior Lord
Jesus Christ to take my lamentable condition to your serious consideration
and either mittigatt & change my sentance of death to banishment
perpetuall imprissonment or q'else your lops, shall think fitt under the
severest penaltie of death In case I shall controvin or return to this
Kingdome or at least your lops, would be pleased out of pitie and regard
to my futur estate and condition to grant me a reprive for such a com-
petent tym as your lops, shall think fitt y l I may be better prepared and
dispose myselfe to die and your poor petitioner for long life & hapiness
to his sacred Majestic and your lops, and all prosperity to the Government
shall ever pray.
The Lords of his Maies. Privic Councill, considering the forsd. petition
presented to them be the forsd. Alexr. McDonald alias Alaster Moir with
the former interloquiter of Councill past 8 th of Jary. instant for puting
the sentence in execution, on the 23* of this instant. The saids Lords
have commuted and changed and hereby commutes & changes the sd.
sentence of death pronounced by the saids Commissioners of Justitiary
for the Northern district, & appointed to have been execut by the forsd.
order of Privie Councill from the pain of death, And have revocked &
hereby revokes & discharges the sd. former order of privie Councill,
(dated 8 th of Jary.) from takeing effect or being put to execution, And
have discharged & hereby discharges the saids Magistrates of Abd. from
puting the s d sentence (prounounced agst. Al. Mckd. alias Alaster Moir
upon the forsd. process, befor the saids Commissionaries of highland
Justitiary & mentioned in the sd. order of Privie Councill) to any
execution in the day forsaid or at any time hereafter. And the sds.
Lords of his Maies. privie Councill never the less hereby require &
command the sds Magistrates of Abd. as keepers of the prison, to hold,
keep and detain the person of the sd. Alexr. Mckdonald alias Alaster
Moir a prisoner, in sure waird firmance & safe custody, within their
Tol booth, as they will be answerable, till they shall receive the further
orders of the sds. Lords of his Maies. privie Councill thereanent. Sic
subr. Marchmount Chancellor, Melvill President, Annandale, Lauderdale,
London, Northesk, Tarbet, Mongomerie, Lodwick Grant.
Sic Subr. GIL : ELIOT.
intimate to the Magistrates of Aberdein 21 st of Januarie instant.
E
26 PROCEEDINGS RELATING TO
To THE RIGHT HONOURABLE The Lords off his Majesties privy
Council.
Humbly Sheweth
That when by the good providence of God and Diligence of Brigadeer
Maitland Allaster More that nottorious robber cam to be apprehended
we lookt upon it as a very special deliverance considering that from his
youth up now this very many years beginning with Rebellion against his
Majesty he hath bein a continuall depredator and a Ring Leader off
Robers robbing with convocations of armed men and westing the poor
country in all corners thereof Likas when he cam to be tryed befor us
your Lordships have seen what wicked and violent Robberies have been
proven agst. him ; yet thes are not the halfe of what he is still guilty of :
so that most certainly he is a son of Death, and deserved to die both by
the Laws of this and all other well governed Realms nor can it in our
humble opinion easily be found that ever the punishment of any notorious
Rober was mor necessary and expedient both for the interest of justice,
the security of the country and the safty and quiet of all such as ar
known to be best affected to his Majesties Government : but this Allaster
having aplied to your Lordships purly for grace and favor either for a
comutation or reprive hath to our great greif obtained a commutation
pretending that by banishment and his giving securely the country may
be certainly rid of him for the futur.
As to which we beg leave to represent that the punishment of such a
nottorious Depredator was not only most just, but Likways might have
been most seasonably exampler.
2ly That commutations albeit acts of Grace yet are in use to be
granted only for very speciall causes such as some extraordinary service
or some other extraordinary circumstance either in mans triall or in his
condition neither of which wer aledged in this case.
3ly His Banishment or offer to secur agst his return we humbly
conceive signefie nothing for that he vill return if possible is nott to be
doubted since he has had so long a haunt in his wickedness and hath so
many rascolls his followers ready to receive and fortefie him : and as for
securety besids that securety is not admissable in maters capital, what
can it availl excpt it be to make him mor cautious in his Robberies and
ALASTER MOR, I/O2. 27
now instead of binding him to move him to kill all that may make the
least descovery agst. him or his Cautioners.
Thes being to us very weighty considerations we must with all
earnestness most humbly beseech your Lordships to reconsider this wholl
affairs and to provide for us and the country concerned such due releife
as your Lordships shall find necessary it being to us a mater undoubted,
that whill this malefactor lives this country must be in perpetuall Hazard.
And your Lordships petitioners shall ever pray &c.
The petition of the Commissioners of Justiciary of the Highlands
for the Northern District and in behalfe that Country.
Edinburgh 2 Febrij 1702.
My Lord,
I have yours, & spoke to My Lord Chancellour so soon
as I receaved it : He had not read your Letter, bot was satisffied when I
told him that there was a new Inditement given to Alaster More before
the Commissioners of the North district for new crimes. And your Lo.
may be assured it will be adverted to that nothing be done upon the late
commutation that may withdraw him from this new tryal, And tho the
Council if they please may commute de novo, yet I think they will not
doe anything to stop or hinder this new tryal. Your Lo. has no doubt
heard that the King when applyed to for a remission to Alaster, answered
that he had not pardoned robbery & theft in England or Holland, &
would not beginne with Scotland. All I intreat is that the tryal may be
orderly & fair without exception. I was not for the last commutation,
& I am not like to change.
I am, My Lord,
Your Lo. most humble & most obedient servant,
Sic subscribitur JAMES STEWART.
If there be any scruple that Alaster being already condemned cannot
be tryed for new crimes, it is not worth the noticing, for a commutation
is no remission & taking off onely the effect of the former sentence it
leaves him still open to a new tryal upon new crimes, which is my opinion
with submission, & I think will not be contraverted.
VII.
CORRESPONDENCE, EARL OF MAR AND MAGISTRATES
OF ABERDEEN, 1714. .
Whytehall, August 21 1714.
Gentlemen,
The Lords Justices haveing been informed, That some
ill disposed persons at Aberdeen Did, in the night time, and under the
disguise of womens apparrell, proclaim the pretender, And that my Lord
Justice Clerk has already wrote to you to make enquiry into the said fact,
Their Lo s . have likewise directed me to signifie their commands to you,
That you cause the persons who have been guilty of the said treasonable
practices to be apprehended, in order to their being prosecuted according
to law, And that you transmitt to me ane account of your proceedings
herein.
I am, gentlemen,
Your most obedient humble servant so subscryved
MAR.
Directed this
To the Provost and rest of the
Magistrats of Aberdeen.
My Lord
Wee receaved your Lops, letter of the 2 I st inst. yester-
night anent that disorder that fell out here the tenth instant, Wee were
enquyring all wee could formerly to find out the actors, and this day we
have examined severall persons and find that upon the said tenth instant
after midnight some young men attended by sevll women went throw
the streets with two viollers playing to them, who played seall. tunnes
one whereof wes Lett the King enjoy his own againe, And they came to
a fountaine a litle above the Cross and took water in ther hatts and
drank the pretender King James his health but cannot learn of any
CORRESPONDENCE, EARL OF MAR. 29
proclamation made by them Wee have caused search for seall. of the
persons wee got account of, but non of them to be found and as we are
informed they got ane express about midnight acquainting them of your
Lop. order to us being a few hours after ours came to hand. And shall
informe our selves all wee cane further in this mater and transmit to your
Lop. a full account Only wee thought it our duty to give your Lop. this
hint of the mater at this tyme We shall not be wanting on all occasions
to testifie our sincere affection to his Majtie King George and the present
Governement and to approve ourselves as becometh.
My lord
, Your Lop. most humble and most obedient Servants
Abd. 30 Aug 1 . 1714
To The Right Honll. the
Earle of Mar one of his Majties Secretarys of Stat.
3 Septr. 1714.
My Lord,
As wee promised in our last letter to your Lop. of the
3<D th of August Wee have called befor us all the persons wee could learne
that knew any thing of the disorder that wes committed in this place the
tenth of the sd. moneth of August last and have examined them most
narrowly thereon upon oath and have transmitted to your Lop. herein
inclosed ther principall depositions signed by such of them as could write.
Wee have lykewayes made severall searches for the persons whom the
witness declared to be present at the sd. disorder but can find non of
them haveing absconded as wee mentioned in our last upon advertisement
its said they gote And besyds George Cuming Jon Urquhart William
Gordon and Patrick Forbes live not within the compas of our jurisdiction
Wee have written to the Shirref of Murray w'in whose jurisdiction
Wm. Gordon lives and sent him a copie of your Lops, letter to us, to
take notice of him And wee have also acquainted the Shirref to take
notice of those that lives in this shyre This is all wee can doe untill we
recave your Lops, further commands And none shall be more ready to
serve the Governement according to our power then
My lord,
Your lops, most humble and most obedient servts.
VIII.
ADDRESS TO THE KING BY THE SYNOD OF MORAY,
1714-16.
AT ELGIN, Wednesday, October 27*, 1714.
Sessio. 3 tia , hora 5 ta post meridiem.
There was brought in to the Synod from the Committee of Overtures
a draught of ane Address to King George, which being publickly read
was approven ; the tenour whereof followes :
To the King's Most Excellent Majesty.
The humble Address of the Ministers and Elders of the Provincial
Synod of Murray met at Elgin this twenty seventh day of
Oct r . 1714.
May it please your Majesty
That never to be forgotten deliverance, the late glorious revolution
and the blessed consequence of it, the entail of the Croun upon your
Majestys Royal person and family, being the great security under God
of all that is dear to us either as men or Christians, it hath alwayes been
our delight, as well as our duty, to shew a sincere and zealous concern
for that thrice happy settlement of the Croun and to oun and profess our
firm and steady adherence therto and that notwithstanding the manifold
discouragements arising from the violent opposition of your Majestys
enemys and ours. Your Majestys accession to the throne being so visibly
the return of many earnest prayers to the God of heaven and a remarkable
accomplishment of glorious promises to the Church, it is the peculiar
comfort of our lives to see your Majesty, the only laufull and rightfull
successor to the Croun, so peaceably possessed of it to the just dis-
appointment of a popish pretender and signal defeat of the restless
promoters of his interest, against whom and all others whatsomever it
ADDRESS BY SYNOD OF MORAY. 31
shall be our constant endeavour to defend and support your Majestys
righteous title to the throne and the protestant succession in your Royal
line to the utmost of our pouer and it shall be our greatest care and
study in all instances of duty and loyalty to testify the affecting sense
we bear of so great a blessing as your Majestys happy accession to the
throne is justly concluded to be by all who have any real concern for the
Protestant Religion and the civil rights and libertys of mankind.
May the King of kings establish with righteousnesse and uphold in
mercy that high throne which by a wonderfull concurrence of
providences is now adorn'd with your Majestys sacred person ;
may your life and government be long preserved and continued
for ane effectual bar against popery and arbitrary pouer and ane
invincible defence to our holy religion, the doctrine, worship,
discipline and Presbyterian government of this Church ; and
may your Royal heirs and descendants in all succeeding genera-
tions be the glorious instruments of perpetuating these and all
the other blessings of your Majestys reign to latest posterity :
which shall alwayes be the most sincere and fervent prayer of,
May it please your Majesty,
Your Majestys most obedient, most dutifull, and
most loyal subjects.
Appointed that Mrs. John Gilchrist and Daniel McKenzie write over
the said Address in a fair hand and bring in the same to the Synod at
their next sederunt to be subscribed by all the members of the Synod ;
as also appointed that they bring in to the Synod before their rising the
following draughts of letters, viz. : one to his Grace the Duke of Montrose,
one of his Majestys principal Secretarys of State, ane other for the Right
Honourable the Laird of Grant, and a third for the Very Reverend Mr.
William Carstares, Principal of the Colledge of Edinburgh, intreating
they would present the Synods Address to his Majesty.
AT ELGIN, Thursday, Oct r . 28 th , 1714, hora n ma ante meridiem.
Sess. 4 ta .
Mrs. John Gilchrist and Daniel McKenzie according to appointment
presented the Synods Address to King George written over in a fair
32 ADDRESS TO THE KING
hand, which being again read the same was unanimously signed by the
Moderator and all the members of the Synod.
Eodem die hora 5 ta post meridiem. Sess. 5 ta .
Mr. John Gilchrist according to appointment brought in to the Synod
the following letters, viz. : one to the Right Honourable the Laird of
Grant, another to the Very Reverend Mr. William Carstares, craving they
would present the Synods Address to the King, and a third to his Grace
the Duke of Montrose,, one of his Majestys principal Secretarys of State,
desiring his Grace would introduce the said gentlemen with the said
Address to the King : all which letters being read and approven were
signed by the Moderator in the Synods name.
Appointed that the Clerk inclose the Address in the letter to the
Laird of Grant and send it off with the other letters by the next post to
Nicol Spcnce to be by him forwarded to London.
AT FORRES, Tuesday, Aprile i6 th , 1715.
Hora 6 ta post meridiem. Sess. 2 da .
Mr. David Henderson, moderator of the late Synod, presented a
letter directed to him from the Right Honourable the Laird of Grant
bearing that he presented the Synods Address to the King, which his
Majesty graciously received and that he caused it to be put in the prints ;
and further the said Honourable gentleman testifys in his letter his
readiness to serve the Synod in what they desire. Wherfore the Synod
appointed that a letter of thanks be sent unto him.
AT ELGIN, Wednesday, Oct r . 26 th , 1715, hora 8 va ante meridiem.
Sess. 2 da .
After prayer sederunt ut supra.
The Synod considering that this diet was appointed for prayer and
after some time was spent in that exercise, severalls of the brethren
having prayed, it was recommended unto the respective prcsbytries to
keep frequent diets for prayer.
BY THE SYNOD OF MORAY, I/l6. 33
The Synod considering that at this time there are but few of the
brethren met by reason of the great confusions and troubles in the North
occasion'd by the present rebellion against the King and Government
and that those who have met cannot without danger and difficulty stay
any time from their charges and familys, they therfore delayed the
orderly reading the minuts of the late Synod and the expeding their
businesse untill it shall please the Lord to settle the present commotions,
and therefore they appoint that the minuts of the late Synod be read at
the next Synod, which is appointed to be holden at Forress the last
twesday of Aprile next ; and they clos'd with prayer.
AT FORRES, Twesday, Aprile 24 th , 1716.
Hora 5 ta post meridiem. Sess. 2 da .
There were brought in to the Synod from the Committee of Overtures
the following overtures :
i mo . The Committee considering that it hath pleased the Lord to
favour King George's arms by putting ane end to the unnatural rebellion
raised against him and the government in thir lands, and that other
Synods in this Church have addressed his Majesty congratulating him
upon this gracious providence, they overtur'd that this Synod likewise
draw up ane address congratulatory to the King. Which overture being
publickly read the Synod unanimously acquiesced thereunto and appointed
Mrs. William Stewart, Robert Baillie, Joseph Sanderson and Daniel
McKenzie to meet and bring in a draught thereof to the Synod before
their rising.
2 do . The Committee considering that his Excellency Liewtenant
General Cadogan, Commander in chief of his Majesties forces in North
Britain, is to be in this toun this night, and further considering that there
are severals of the Episcopal incumbents, intruders, and schoolmasters
that were either actually ingaged in the late rebellion against the King
or assisted the rebels, they overtured that the Synod appoint some of
their number to wait upon his Excellency this night and congratulat him
upon his good conduct and the success of his Majestys arms under his
direction for settling the peace of the countrey ; as also to present the
following Memorial to him, viz. :
F
34 ADDRESS TO THE KING
That in the bounds of the Presbytrie of INVERNESS Mr. Michael
Fraser, intruder in Deviot, assisted the rebels and gave the advice how to
reduce the house of Culloden and did not pray for King George ; Mr.
Alexr. Denovn, intruder in Pettie, does not pray for the King in terms
of law and sometime in October last imployed one of the rebels to preach
for him, Mr. Ludovick Grant, intruder in Moy, joynd the rebels and went
with Mclntosh to Perth.
In the bounds of FORRES Presbytrie Mr. Charles Ross, schoolmaster
at Nairn, joynd and continued with the rebels till after the battel of
Dunblane.
In the bounds of ELGIN Presbytrie, Mr. John Stewart, who keeps a
meetinghouse in the paroch of Duffus, prayed for the Pretender by the
title of James the Eight and nominatim for the principal persons ingaged
in the rebellion ; Mr. Beroald Innes, after his meeting at Forres was shut
up because he prayed not for King George, continues his said disloyal
practises and yet preaches, baptizes and marrys in the paroch of Alves
and the neighbouring paroches ; Mr. George Scot, at Whitewreath in the
paroch of Elgin, during the late rebellion prayed for the popish Pretender
in the Church of Elgin, being supported in his intrusion there by the
rebels : At Fochabers in the paroch of Belly a diligent traffiquing papist,
George Panton, teaches the grammar school; Mr. Alexr. Mitchel there
refused to read in his meeting house the Generals orders calling and
summonding the rebels to deliver up their arms.
In the bounds of STRATHBOGIE Presbytrie Mr. Alexr. Smith, in
Strathbogy, intruded into the church of Gartly, where a minister of the
Established Church is planted, the end of September and beginning of
October last, prayed nominatim for the Pretender and went to SherifFmuir.
Mr. Sibbald intruded into the Church of Keith, which is likewise
legally planted, and severall Sabbath dayes during the rebellion prayed
for the Pretender.
In the bounds of ABERLOUR Presbytrie Mr. Gordon, Mr. Fraser, and
Mr. Ramsay, popish priests, infest the paroches of Inveravin and Kirk-
michael where papists abound and are so very insolent and troublesome
in perverting the people, spreading false news and using all possible
means to keep up the courage of the rebels that some proper measures
for curbing them will be of considerable consequence to the Government,
BY THE SYNOD OF MORAY, 1716. 35
The Synod having heard the overture and memorial, acquiesced
therein and appointed Mr. Daniel McKenzie to write over the said
Memorial in a fair hand, who, with Mrs. William Stewart, Robert Baillie,
Joseph Sanderson, James Chalmers, and the Moderator, were appointed
to wait upon the General for the effect forsaid.
AT FORRES, Wednesday, Aprile 25 th , 1716, hora io ma ante meridiem.
Sess. 3 tia .
Reported that the Committee appointed to wait upon his Excellency
Lieutenant General Cadogan did accordingly wait on him and presented
the Synods memorial to him and were kindly receaved, who also promised
to take care of the memorial to the Synods satisfaction.
The Synod appointed the respective presbytries to proceed against
all the Episcopal preachers and schoolmasters within their bounds in ane
ecclesiastick way who were any way concerned in the late rebellion, and
report their diligence to the next Synod.
The Committee appointed to bring in a draught of ane Address to
the King presented the same, which being publickly read was unanimously
approven ; the tenour whereof followes :
To the Kings Most Excellent Majesty.
The humble Address of the Ministers and Elders of the Church of
Scotland in the counties of Inverness, Nairn, Murray and Banff
met in their Provincial Assembly at Forres the twenty fifth day
of Aprile seventeen hundred and sixteen years.
May it please your Majesty
We, your Majesties most dutifull and loyal subjects, deeply sensible
of the great goodnesse of Almighty God in delivering us from the fatal
chains of popery and slavery, the necessary consequences of the late
unnatural rebellion had it succeeded, and conscious of the joy with
which we are touched in the solid hope of glorious dayes to our holy
religion and prosperity to our state, under your Majesties auspicious
government, find ourselves irresistably moved to express our thankfulnesse
to Heaven and communicat our gladnesse with you, Sir, its peculiar care.
36 ADDRESS TO THE KING
Allow us, dread soveraign, from among the numerous throng of joyous
reflexions which fill our breasts to make choice of some in which we are
particularly interested. Suffer us to observe with pleasure that your
Majesty had no enemies but such as were equally so to us and that the
Church of Scotland in your victories sees the fruit of her prayers. It is
therfore with joy, Great Sir, that we render humble acknouledgments to
our gracious God who by his good hand upon us in our publick assemblies
when some of them were intruded in a rude and barbarous manner by
armed rebels to proclaim their treason and dare us from our duty that
notwithstanding their threats and bloudy designs God honoured us
publickly to assert your undoubted title and assisted us to pray in express
terms for your sacred person and royal family and to protest against the
insolence of the traitours.
Permit us also to look back with pleasure on the goodnesse of
providence and wisdom of our King in the choice of a General to whom
the asserting the religion and liberty of our country seems hereditary.
Let others repeat his care, his courage and conduct, and let the Kings
enemys oun how terrible the Duke of Argyle was to their treason. We
satisfy ourselves in marking the kind conduct of Heaven in singling out
of that great and noble family, which formerly yielded martyrs for our
civil and sacred rights, ane instrument in our Soveraign's hand for
crushing the dire rebellion and triumphing over the hellish combination.
We cannot ommit the resolution of some of your Majesties faithfull
subjects concerned in these counties in coming north to the hazard of
their lives when the rebellion was most formidable, who in conjunction
with the rest of the brave and well affected in our bounds gave a sudden
turn to our circumstances, particularly in the successfull reduction of
Inverness whereby the retreat of the rebels to the northern counties was
effectually cut off, since which time the blessings of peace have been
enjoyd in that place.
We further presume to declare that we are bound to oun your sacred
Majesty the father of your people on many accounts, particularly in
putting ane end to the bold rebellion without further bloud by sending
such a renouned and sufficient General to these northern parts as Mr.
Cadogan, whose fame for watchfulnesse, activity, courage and conduct,
joyned with the firmest fidelity to his prince, hath so confounded the
rebels and disconcerted their measures that being stricken with terrour
BY THE SYNOD OF MORAY, 1716. 37
they were glad to surrender at discretion, a manifest token of Heavens
constant smiling upon your Majesties cause and that the success which
attended that brave souldier and able minister in forraign negotiations
continues with him in his management at home.
For what concerns us our present gladnesse points out our duty to us.
We will pour forth unfeigned thanks to our Gracious God for such signal
mercies, indeavour to impress these under our inspection with loyal
principles, and incessantly pray that your Majesties person and govern-
ment may be blessed and that your house and throne may be established
before the Lord for ever.
Appointed that Mr. Daniel McKenzie write over the Address in a fair
hand and bring it in to the Synod to be sign'd by the moderator. Also
appointed that Mr. Robert Baillie inclose the Address in a letter to the
Laird of Grant intreating he would present the same to the King, and
further appointed that Mr. Baillie send two doubles more of the Address
in the letter to Grant, one to.be given to the Secretary of State if Grant
shall judge it proper, and the other to the Laird of Grant himself.
AT ELGIN, Twesday, Ocf. 30*, 1716.
Hora 5 ta post meridiem. Sess. 2 da .
As to the appointment of the late Synod anent presbytries their
proceeding against Episcopal preachers and schoolmasters within their
bounds who had a scandalous accession to the late unnatural rebellion,
the moderator reported that the presbytrie of Invernes have done some-
thing that way and are yet in diligence. The presbytrie of Strathbogie
reported that they have obeyed the appointment. The presbytrie of
Aberlour reported that they had only one Episcopal preacher in their
bounds concerned in the rebellion and that he gave in his demission to
the presbytrie when conveen'd before them and is now removed out of
their bounds. Abernethy and Forres presbytries reported that they have
none such in their bounds. The presbytrie of Elgin reported that they
have got nothing done effectually as yet against any in their bounds.
The Synod having heard the reports of the respective presbytries in
the forsaid affair, they appointed that those presbytries who are deficient
in diligence with respect to the forsaid Episcopal preachers shall proceed
38 ADDRESS TO THE KING.
against them qnam primum and that in case these preachers be contum-
acious the presbytrie in whose bounds they are shall require the concurrence
of the civil magistral as to the conveening of either parties or witnesses
before them and making the presbytries sentance effectual.
CHEVALIER DE ST. GEORGE.
i RECORDS; 171
I ht taunt tn a posture oj
The said day, the provost re; that their being a report
the Highlanders were in some motion and lyke to ryse, and might per
attack this townc, he hade called a meeting of the most of the burgess
and trades, and took their advice, who all unanimously resolved
magistrats and counsell should putt the towne in the best postu
defenss that they could, and accordingly the magistrats hade taken
advyce of Major Gordon, Captain Stewart, Captain Bannerman, and
Captain Erskine, how to fortifie the towne ; which being .
considered be the counsel!, they approved what was already done,
recomended to the magistrats to putt the town in the best posture of
defenss they cane, with all convenient speed, and appoynts the thcsaurcr
to pay what money shall be found necessary theranent, and ap>>"yitt~
William Lindsay to be overseer of the said work, and the thcsaurer to
grant bond for the same.
v Eodem die.
buying 200 guns and als many bayei:
c counsell recomends to the to buy two
<arnj o< , gunns ant j bayenWts for the use of the
ice.
ROBERT STEWART, pio\
VALISR 0E ST. GEORGE.
IX.
EXTRACTS FROM ABERDEEN BURGH RECORDS, 1715-16.
*
3rd August, 1715.
Act for putting the toune in a posture of defence.
The said day, the provost represented that their being a report that
the Highlanders were in some motion and lyke to ryse, and might perhaps
attack this towne, he hade called a meeting of the most of the burgess
and trades, and took their advice, who all unanimously resolved that the
magistrals and counsell should putt the towne in the best posture of
defenss that they could, and accordingly the magistrats hade taken
advyce of Major Gordon, Captain Stewart, Captain Bannerman, and
Captain Erskine, how to fortifie the towne ; which being seriously
considered be the counsell, they approved what was already done, and
recomended to the magistrats to putt the town in the best posture of
defenss they cane, with all convenient speed, and appoynts the thcsaurer
to pay what money shall be found necessary theranent, and appoynts
William Lindsay to be overseer of the said work, and the thesaurer to
grant bond for the same.
Eodem die.
Act for buying 200 guns and als many bayenotts.
The said day, the counsell recomends to the provost to buy two
hundred stand of Armes, viz., gunns and bayenotts for the use of the
towne, with all convenient dilligence.
ROBERT STEWART, provost.
40 EXTRACTS FROM RECORDS
1 5th September, 1715.
Act for the thesaurer to grant bonds for the smtms borrowed be him
on the touns account as thesaurer.
The said day, the thesaurer represented that he being allowed by a
former act of counsell to borrow some money for the use of the said
burgh, and that be the said act he wes appoynted to grant his own band
as a private man for the saids sowms, and that now ther being appearance
of tumults and confusions thorrow the Kingdome, which may interrupt
him of geting payment of the funds which ought to pay the saids debts,
and therfor dcsyreing that the counsell would be pleased to allow him to
grant bonds for the saids debts, as thesaurer ; which being considered be
the magistrats and counsell, they granted, and hereby grants liberty to
William Forbes to grant bond as thesaurer for the money borrowed be
him in the townes account, and withall recomends to the said thesaurer
to be as dilligent in geting payment of the debts due to his charge as if
he hade granted his own proper bonds as aforsaid.
1 5th September, 1715.
Act impowering the dean of gild to give bills for the powder taken
up by the merchants by order of government.
The said day, it being represented that the Justice-Clerk hade written
to the magistrats, and sent ane order to them to seaze and take up all
the powder from the merchants of this towne, and that accordingly they
hade receaved from the merchants following the respective quantityes of
powder underwritten, viz. from Patrick Ross, merchant, ane half kinken
conteining twentie fyue pund weight ; Item, from Alexander Gordon,
merchant, ane kinken, and ane halfe kinken conteining seventy fyue pund
weight ; Item, from Alexander Hunter, merchant, two kinkens conteining
seventy fyue pund weight : Item, from Thomas Niven, merchant, two
kinkens conteining eighty ane pund and three quarters of a pund weight :
Item, from William Crukshank, merchant, one kinken conteining fifty
pund weight: Item, from William Smith, merchant, two kinkens conteining
one hundred pund weight: Item, from Jean Anderson, relict of the deceast
OF BURGH OF ABERDEEN, 1/15. 4!
Patrick Svvape, merchant, one kinken containing fifty pund weight : Item,
from George Movvat, merchant, six kinkens conteining three hundered
pund weight : Item, from William Gordon, merchant, six kinkens con-
teining three hundered pund weight; Item, from John Middleton, merchant,
four kinkens conteining two hundered pund weight : Item, from James
Bartlet, merchant, one kinken conteining fifty pund weight : Item, from
William Souper, merchant, six kinkens conteining three hundered pund
weight : Item, from John Durward, four kinkens conteining two hundered
pund weight: Item, from Duncan Gordon, merchant, one kinken conteining
fifty pund weight ; Item, from William Sanson, merchant, six kinkens
conteining three hundered pund weight : Item, from Alexander Aberdeen,
merchant, fyve kinkens and a halfe kinken conteining two hundered
seventy fyue pund weight : Item, from James Catanach, merchant, seven
and a halfe kinkens conteining six hundered twenty fyue pund weight :
Item, from Alexander Strachan, merchant, four kinken conteining two
hundered pund weight : Item, from William Ley, merchant, two kinkens
and a halfe conteining one hundered and twenty fyue pund weight ;
Item, from Alexander Ragg, merchant, four kinkens conteining two
hundered pund weight : Item, from Charles Copland, merchant, two
kinkens conteining one hundered pund weight : extending the haill to
three thousand six hundered eighty one pund weight and three quarters
of a pund weight ; and that the saids magistrats hade agreed with the
saids merchants to give them fourty pund Scots money for the hundered
weight of the said powder, and accordingly the deane of gild hade given
bills for the same to the respective merchants abovenamed, payeable six
months after dait ; and that by order of the said Justice-Clerk, the
magistrats hade caused send twenty six hundered pund weight of the
said powder to Edinburgh, to be delivered according to his Lordships
order : Which haill premisses being considered be the magistrats and
counsell of Aberdeen they approved of the same dean of gild his granting
bills for the said powder in the terms forsaid, and of the saids magistrats
ther sending the said quantity for the use of the governement, and thir
presents to be warrand to all concerned : As also in respect that Robert
Gelly merchant in Aberdeen gave bond that the said quantity of powder
sent to Edinburgh should not be exported out of the kingdome, thir
presents is also warrand to him for relciving him of the said bond, and of
all damnagcs he may sustaine thereby. ROBERT STEWART, provost.
G
42 EXTRACTS FROM RECORDS
1 7th September, 1715.
Act for putting the toun in a posture of defence.
The said day, it being represented by the provost to the counsell that
ther were great rumours passing as if some insults and inroads were to
be made upon this burghe by Highlanders and others, and that therefore
it were necessar that the toun were put in as good a posture of defence
as is possible, which being considered be the counsell, they unanimously
approved thereof, and recomended to the magistrates to cause put the
toun in the best posture of defence that can be, and for that end to plant
cannon round the toun at the most convenient places, and putt on iron
cattbands, and doe every other things requisit theranent, and to deburse
and ware out what money shall be requisit anent the premisses out of
the common good of the burgh, and intimation to be made hereof by
tuck of drum to the inhabitants.
28th September, 1715.
Election of Jacobite Council.
Att Aberdeen, the 28 day of September one thousand sevin hundred
and fyftein years, about sun setting a great many of the burgers of gild
and tradsemen of this burgh having mett togither, and finding that the
magistrats and counsell of this burgh hade absented themselves, and
made no election of a magistracy and toune counsell for the ensuing year
. . . and that the toune could not be without a magistracy and counsell :
therfor the said meeting caused make publict intimation by touck of
drum through the haill toune, acquainting the inhabitants hereof, and
desyreing the haill burgers of gild and free craftsmen to meet the nixt
day, being the twenty nynth instanf, at eleven o cloak beforenoon, in the
New Church of the said burgh, and there to elect and choose magistrats
and counsellors by poll for the ensuing year, as hade been formerly
practised . . . and accordingly the greatest pairt of the burgers of gild
OF BURGH OF ABERDEEN, 1715. 43
and free craftsmen of this burgh haveing mett in the said New Church
. . . and thereafter the sute roll of the haill burgers of gild and free
craftsmen wes called, and severall lists made by sundry persons of a new
counsell, and after perusall and consideratione thereof the saids haill
burgers of gild and free craftsmen present did unanimously, without a
contradictory vote, elect . . . the persons following to be magistrals and
counsellors of this burgh . . . till Michaelmass one thousand seven
hundred and sixteen years, viz 1 ., Patrick Bannerman, provost ; John
Leslie, John Burnet, William Simsone, and James Fyff, baillies ; James
Gordon, dean of gild, James Gelly, thesaurer ; Thomas Shand, master of
kirk and bridge works ; John Clerk, master of mortifications ; Alexander
Strachan, master of hospitall ; Robert Pittendreigh, master of impost ;
James Moir of Stonnywood, James Bisset younger of Lessendrum,
Alexander Moir of Scotstoune, Captain John Bannerman, Doctor John
Gordon, and James Cattanach, merchants, single counsellors ; and Patrick
Gray, deacon conveener of the trades, and George Robertsone cordener,
as two trades counsellors.
1 7th October 1715.
Act for joo Lochaber Axes to the Camp at Perth.
The said day, the provost produced in counsell ane order from John
Earle of Marr, commander-in-chiefe of his Majesties forces in Scotland,
ordering and requyring the magistrats of Aberdeen to cause make three
hundered Lochaber axes, and to send them to the camp at Perth, or
where the army should be at the tyme, for which they should be payed
how soon the said axes came to hand, conforme to the said order daited
the fourteinth day of October instant, which being considered be the
saids magistrats and counsel, they recommended to the saids magistrats
to cause make the saids three hundered Lochaber axes, and to employ
workmen, within the toun and Old Aberdeen for that end, and thereafter
to send them to the camp at Perth, or where the army shall be at the
tyme, conforme to the said order from the said Earle of Mar.
P. BANNERMAN, provost.
44 EXTRACTS FROM RECORDS
Eodem die.
Act for six moneths cess extending to 200 founds 10 shillings and
p pence Sterling.
The said day, the said head court haveing heard the provost lay befor
them the occasion of ther being called together at this tyme, and haveing
heard the order from the Earle of Marr, commander in chief of his
Majestic King James the Eight, his forces in Scotland, daited at the
camp in Perth, the sixth of October instant, commanding the magistrals
and towne counsell to raise six moneths cess in full of all former cess,
extending to the soume of two hundered pund ten shillings and nyn
pence sterling money, to be proportioned in the usuall manner, and
payed in to collector, to be appoynted be the magistrals and
toune counsell of Aberdeen, betwixt and the thirty day of October
instant, with certification, if they failled therein, that they would be
quartered upon and poynded for the same, and ordained the said order
to be published at the mercat cross of Aberdeen, that none might
pretend ignorance, and which order wes accordingly published this day
at the said mercat cross ; and the same being read and considered in the
said head court, and they being at length ripely and weell advised there-
with, they unanimously ordained the said six moneths cess to be propor-
tioned amongst the saids inhabitants, and to be payedinto
collector thereof, to be named by the saids magistrate and counsell, and
that betwixt the dait hereof and the said thirty day of October instant,
under the certificatione contenit in the above order from the said Earle
of Marr.
1 7th October, 1715.
Act nominating the taxers.
4
The said day, the counsell takeing into their consideration, that the
head court, by their act this day, hade unanimously ordained the sum of
two hundered pund ten shillings and nyn pence sterling money, as six
moneths cess, in full of all former cess, to be proportioned amongst the
inhabitants, and to be payed betwixt and the thirty day of October
OF BURGH OF ABERDEEN, l/lj. 45
instant, conforme to an order from the Earle of Marr, commander in
chiefe of his Majestic King James the Eight his forces in Scotland,
daited at the camp in Perth the sixth day of October instant, and to the
effect the said cess may be proportioned in usuall maner amongst the
said inhabitants, the provest, bailies, and counsell nominat and choosed
the persons following to be taxers for proportioning and taxing the
inhabitants for the said taxation, viz 1 . John Lesly and John Burnet baillies;
William Forbes, late thesaurer ; William Souper, James Brebner, Thomas
Shand, John Cuming, Patrick Gelly, Andrew Thompsone, George Sincklair,
William Smith, Alexander Gordon, Alexander Forbes, youngest, Thomas
Niven, and Andrew Whyte, merchants in Aberdeen ; James Gelly, thesaurer
of Aberdeen ; Patrick Gray, wright in Aberdeen ; and George Robertsone,
cordener in the said burgh.
P. BANNERMAN, provost.
2Oth October, 1715.
Act for sending a printing press and types and utensills to Perth, and
for paying the charges and expenses thereanent, and for granting
ane oblidgement to James Nicoll, printer, for the said press.
The said day, the provost produced ane order subscryved be the Earle
of Marr, commander-in-chiefe of his Majesties forces in Scotland, daited
at Perth the fourteenth of October instant, directed to the magistrats of
Aberdeen ordering them furthwith to deliver to Robert Drummond,
servant to Mr. Robert Freebairne, the best printing press, with such typs
utensills and other materialls as Mr. Drummond should choise and find
necessary, and to see them packed up in good order, and to provyde
horsses and proper carriages for transporting them to Perth, or where
the army should be at the tyme ; after reading of which order, the
provost held out that seeing the said press, typs and other utensills did
not belong to the town but to James Nicoll, printer, it wes just and reasone-
able that he should be secured for re -delivery thereof, or the value of the
same, and that the thesaurer should advance what money is requisit for
makeing boxes and others for holding the same, and for transporting all
to Perth, or where the army shall be, and appoynts theasurer to grant
ane oblidgement to the said James Nicoll for returneing the forsaid press,
46 EXTRACTS FROM RECORDS
typs, and utensills to him in alse good condition as they wer receaved,
and makeing up any deterioration thereof, or paying him the value of
the same ; as also appoynts the thesaurer to pay what charges shall be
debursed for makeing boxes and other carriages for transporting the said
press to Perth, or where the army shall be, and for men and horss hyre,
and expenses in carrying the same there ; and the saids expenses to be
allowed to the thesaurer in the first end of the accompts ; and the
counsell will consider, when the printing press is returned, what loss the
said James Nicoll sustains throw the want thereof.
P. BANNERMAN, provost.
26th October, 1715.
Act for intimating tlie Earle of Mat's orders to the Ministers of
Aberdeen.
The said day, it being represented that Mr. Thomas Blackwell,
Mr. Collin Campbell, and Mr. Francis Melvill, Ministers of Aberdeen,
did always pray for King George as king of these realms, contrair to the
orders emmitted by the Earle of Marr, of the daits at Pearth the fourth
and fourteinth dayes of October instant, and that it wes incumbent upon
them to cause the saids orders to be obeyed ; therfor the counsell doe
hereby nominal Thomas Shand, master of kirk and bridge works of
Aberdeen, to cause read the two orders befor the saids three ministers,
and to requyre them to give obedience thereto on Sunday nixt, otherways
the magistrats will stope them from preaching thereafter within this burgh ;
and intimation forsaid is to be maid the morrow about three acloak in
the afternoon.
P. BANNERMAN, provost.
27th October, 1715.
Act for s tenting and proportioneing of 500 sterling amongst the
inhabitants.
The said day, the provost produced a letter from the Earle of Marr,
whereof the tenour followes : Gentlemen The necessity of the Kings
OF BURGH OF ABERDEEN, 1715. 47
affairs, and the safety of the country at this junctur requyreing that
every good Scotsman be assisting to the publict according to his ability,
and haveing desyred that the soume of two thousand pund sterling money
be borrowed from gentlemen, heretors, particular brugesses, tradesmen,
and others resideing within the toune of Aberdeen, for the use of the
Kings army, for which they shall have the publict credit, to be repayed
with interest from the tyme of the advance, I have therfor thought fitt to
acquaint you therewith, that you may proportion it amongst them in such
maner as may be most easy for the inhabitants, and most effectuall for
raising the said soume. Your speedie complyance herewith will prevent
further trouble. I am, Gentlemen, your most humble servant (subscrivit,)
Mar. From the camp at Perth, October 14, 1715. Directed thus: To
the Magistrats and Counsell of the Town of Aberdeen. And also the
provost represented that upon recept of the said letter, he had called
togither a great many of the burgers, tradesmen, and inhabitants of this
burgh, upon the twenty first day of October instant, who haveing con-
sidered the said letter, they found that it was impossible for the towne to
raise the forsaid sowme, especially considering that the merchants hade
laid out all the money at the Summer mercats, and that ther stocks were
abroad lyeing and undisposed of, and therfor it wes proposed to see if
fyve hundered pund could be got raised, and that the same should be
taxed upon the inhabitants according to their stocks, and that a committy
might be chosen to meet with the magistrals to fall upon methods for
raising the said soume of five hundered pund sterling, and accordingly
the persons following were chosen as a committy for meeting with the
forsaid magistrats, for falling upon the most proper wayes for raising the
forsaids moneys, viz : Thomas Mitchell, John Allardes, and Robert
Stewart, late provosts ; James Catanach and Thomas Strachan, late
baillies ; Andrew , Burnet of Elrick, James Brebner, John Douglas,
merchants ; David Rickart of Rickartoune, Mr. Alex. Davidson of
Newtoun, James Davidson of Tillymorgan, Patrick Gray, convener of
the trades of Aberdeen, and David Spidiman, late conveener of the saids
trades, all personally present at the said meeting, and who, or major part
of the meeting for the tyme, are to determine the maner of laying on
the forsaid money, and appoynted ther first meeting to be upon Monday
nixt at ten acloack beforenoon, with power to them to appoynt their
respective meetings therafter from tyme to tyme, as they think fit, and to
48 EXTRACTS FROM RECORDS
report. And accordingly, upon Monday the twenty fourth of October
instant, the haill committy (except the saids John Allardes, Robert
Stewart, James Catanach, and Robert Strachan, who were absent)
conveened and adjourned themselves to the morrow at eleven acloack
beforenoon, and again upon the twenty fyfth of October the haill
committy (except the saids John Allardes, Robert Stewart, Thomas
Strachan, James Brebner and Patrick Gray, who were absent) conveened,
and condiscended and resolved that a head court should be called, and
that it be proposed that sixtein persons, with a present baillie be named
be the said head court for proportioning the said fyve hundered pund
sterling that is to be sent on the publict credit, among the severall
inhabitants of this burgh and freedome thereof according to ther re-
spective stocks, and that the said head court be holden this twenty
seventh day of October instant, in the Laigh Tolbooth at ten ocloak
beforenoon, and that intimation thereof be made by tuck of drum ; and
that whenever the town is repayed of the forsaid sowme, that every
persone who advances a pairt thereof shall get repayment of the same
according to the taxt roll, which is to be signed by the haill taxters ; all
which being read and considered by the said head court, they approved,
and hereby approves of the oppinion of the said committy, and agreed
unanimously that the said sowme of fyve hundered pund sterling be
taxed upon the inhabitants of this burgh, according to their stocks, and
the persons following to tax and proportion the same, viz., Thomas
Mitchell, John Allardes, Robert Stewart, late Provosts of Aberdeen ;
George Cruikshank, late baillie ; Arthur Forbes, Echt ; Robert Moor,
John Douglas, William Forbes, Echt ; Daniel Farquharson, William
Mowat, Alexander Strachan, Alexander Aberdeen, and Thomas Farqu-
harson, merchants in Aberdeen ; Mr. Alexander Davidson of Newtoune ;
James Davidson of Tillymorgan ; William Gordon of Govill ; Andrew
Ritchy of Frosterhill ; Doctor John Gordon in Aberdeen ; Alexander
Charles Advocate there ; John Carnegie Litster there ; William Lindsay
Goldsmith there ; David Spidieman, late conveener of the trades ; and
any one of the present baillies of the said burgh ; and appoynts the
.major part of the meeting for the tyme to be a sufficient quorum, and
ther first meeting to be upon Saturday nixt, at ten acloak beforenoon.
P. BANNERMAN, provost.
OF BURGH OF ABERDEEN, 1716. 49
4th November, 1715.
Act for the thesaurer to borrow money for paying the Lochaber Axes, etc.
The said day, the counsell takeing to ther consideration that the
Right Honorable the Earle of Marr, commander-in-chiefe of his
Majesties forces in Scotland, have ordered the toun to make three
hundered Lochaber axes for the use of his Majesties forces, and to send
the same to the camp at Perth, or where the army shall be for the tyme ;
and that the said Earle of Marr had ordered the towne to send one of the
printing presses to the said camp : therfor the magistrats and counsell
appoynted James Gelly, thesaurer, to borrow the sowme of
from Thomas Shand, master of kirk and bridges work of Aberdeen, for
paying the saids Lochaber axes, and defraying the expenses in trans-
porting the same and the said printing press to Perth, or where the army
shall be for the tyme.
P. BANNERMAN, provost.
i8th January, 1716.
Act for four cannon to be sent to the Marques of Huntly.
The said day, it being represented that the Marquess of Huntly hade
use for four cannon and ther carriadges, conforme to his letters direct to
the provost thereanent, and that accordingly the same were provyded,
viz. two belonging to Alexander Scott, shipmaster, weighting eighteen
hundereth and four pund weight, and two belonging to the towne of
Aberdeen weighting thirty six hundered three quarters of ane hundered
and twenty two pund weight, the counsell appoynt the said four cannons,
with ther carriadges wanting wheells, to be put aboard two boats at the
shoar at the sight of bailie Burnett and the dean of gild, and to get a
recept for the same from Mr. William Gordon, Kintoir, merchant in the
said burgh of Aberdeen, in the Marquess of Huntleys squadron, on the
back of the said Marquess letter.
H
5O EXTRACTS FROM RECORDS
2ist January, 1716.
Head Court for raising a troup of horses, and for furnishing them with
armes etc. and for taxeing the toune for defraying the charges thereof,
and for building and equiping two men of warr for his Majestys
service.
The said day, the provost produced the kings proclamation, dated att
Scone the tenth day of January instant, requyreing all noblemen, barrens,
heritors, wodsetters, and others able to bear armes, to repair to the camp
at Perth with ther best horsses arms, and accutriments, under the pains
contenit in the act of parliament ; after reading of which proclamation,
which wes promulgat ouer the cross upon Wednesday last, the provost
proposed that for furthering of his Majesties service, the toune should
raise a troup of thirty horsses, weell provyded with armes and all accutri-
ments ; as also produced a scheme thereof, and of the expensis of the
same extending to four thousand pund Scots money, which should be
proportioned and stented upon the inhabitants, conforme to their respective
stocks ; All which being considered be the said head court, the haill
court unanimously approved of the said motion, and hereby appoynted
and ordained the forsaid soume of four thousand punds Scots money for
the end above exprest, to be taxed and stented upon the said respective
inhabitants, conforme to ther severall stocks and abilitys, and the said
troupe to be added to and made a pairt of the Earle Marischalls squadron
of horss, and recomends to the magistrals and counsell to name taxters
for stenting the forsaid sowme, and to cause provyde men, horsses, arms,
and all other accutriements reqysit, as also to nominat the officers who
are to command the said troup ; and for encourageing of able men to
list themselues in the said troup, the court agrees that any young
merchants who engadge shall be made burgers of gild gratis, and any
tradesmen who are not prentisses but journeymen, are to be made
freemen of the craft both by the towne and trade gratis, the qualifications
of the tradesmen being still previously cognosced by the trade ; and
ordanes all execution necessar to follow upon this present act at the
instance of James Gellie, thesaurer of Aberdeen and his successors in
office, for bringing in of the said taxation.
P. BANNERMAN, provost.
OF BURGH OF ABERDEEN, 1716. 51
25th January, 1716.
Act electing a Captaine, Livetennant, and Cornett to command llie
townes troupe.
The said day, the provost baillies and counsell, conforme to the power
given to them by act of head court, of dait the twenty first day of
January instant, for nominating officers to command the troup of thirty
horsses, who are to be raised by this towne for furthering of his Majesties
Service, they did unanimously elect nominat and choose Captain John
Bannerman to be captain of the said troup, David jEdie, merchant, to be
Livetennant, Robert Burnett, junior, merchantt, to be Cornett, and
Alexander Bannerman, merchant, to be quarter master of the said troup.
Eodem die.
Act electing a committy for equipting oute ttie tounes troupe and
provydeing them with armes and all other accoutrements.
The said day, the counsell recommended to the provost, four baillies,
Captain John Bannerman, Livetennant David ./Edie, Cornet Robert
Burnett, James Bisset of Lessendrum, James Catanach, late baillie,
Doctor John Gordon, George Keith, advocate, Alexander and William
Strachans, merchants, and Patrick Gray, conveener, to be a committy for
provyding men, horsses, arms, and all other accutriments reqisit for a
troup which is to be raised by the toun for his Majesties service, in the
terms of the act of head court daited the twenty first day of January
instant, and recommends to the said Captain John Bannerman to be
conveener of the meeting as he shall find occasion, and ther first meeting
to be this day at three acloak in the afternoon.
I Oth April, 1716.
Act of Privy Council for an interim election of Council.
The said day, the forsaid Robert Stewart produced ane act of the
Privic Counsell of Great Britaine ordering the method and maner of
election after specified, whereof the tenor followes : Att the court at Saint
$2 EXTRACTS FROM RECORDS
James, the tenth day of March one thousand seven hundered and fyftein,
Present, the kings most excellent Majestic in Counsell upon reading this
d.ay at the Board a memoriall from the Right Honourable Sir David
Dalrymple of Hailes Barronet his Majesties advocat the Right Honorable
Adam Cockburne, Esquire of Ormistoune Lord Justice-Clerk, and Sir
James Stewart of Goodtrees, Barronet his Majesties solicitor in North
Britaine, daited in Edinburgh the twentyth of February last, and directed
to the Right Honorable the Lord Viscount Touneshend his Majesties
principall Secretary of State, toutching the most proper and efiectuall
method of resetting the magistracy of severall towns in North Britaine
in such maner as may most contribute to the restoreing of the peace of
those towns, and to the secureing thereof for the future ; and whereas it
hath been represented to his Majestic that severall burghs in North
Britaine were, at Michaelmass last (the ordinary and legall tyme of ther
electing magistrate,) either entirely hindered from making such elections
according to ther severall constitutions, or that where the formality of
elections was observed, being then under the power and impression of
the rebells, the freedome of such elections wes thereby restrained, and
the burgh of Aberdeen in particular haveing lain under such of the lykc
circumstances befor mentioned, his Majestie in Counsell takeing the same
into consideration, does think fitt for restoreing the peace and good
governement of the said burgh, to order, and it is hereby ordered, that
the magistrats who served in the burgh of Aberdeen for the year last
bypast shall, and they are hereby authorised and requyred on the tenth
day of Aprill nixt to proceed to the election of magistrats and counsells
to serve in the said burgh from the tenth day of Aprill forsaid untill the
ordinary tyme of the annuall change of the magistrats and counsells of
the said burgh in the year 1716, in such maner as they ought to have
done if they hade not been disturbed by the late rebellione ; and from
thenceforward that the proceedure in the electione of magistrats be
continued according to the constitution, setts, and customs of the said
burgh, off which all persons concerned are to take notice, and to give due
obedience to his Majesties pleasure herein signified (so subscryved)
William Blethwayt. According to which act of Privie Counsell, the
saids late provost and baillies proceided to qualifie themselves in the
terms of law, by swearing the oaths of allegiance supremacy and abjura-
tion, and subscryveing the same, with the assurance, in the terms of the
OF BURGH OF ABERDEEN, 1716. 53
late act of parliament holden in the first year of the reigne of his Majesty
King George ; and therafter they proceeded to the electing of magistrals
and counsellors to serve in the said burgh of Aberdeen, from the said
tenth day of Aprill instant to Michaelmess nixt to come, and accordingly
they elected the thirteen burgers following, to be upon the .new counsell
for the space above exprest viz., Thomas Mitchell, junior, Arthur Forbes,
Mr. William Gelly, Patrick Forbes, John Middletone, Daniel Farquharson,
James Bartlet, James Black, William Cruden, Mr. George Reith, Alexr.
Forbes of Ludquharne, William Taylor, and George Mowatt, merchants
in Aberdeen.
1 2th April, 1716.
Act for addressing his Majestic.
The said day, the provost represented that seeing it hade pleased God
to restore this counsell againe, and that our Sovereigne Lord King George
in Counsell hade granted ane Act of Privie Counsell for the electing of
this magistracy and counsell, and that therfore it is most reasoneable to
address his Majestic ; which being considered be the counsell, they ap-
prouved of the forsaid motion made by the provost as highly reasoneable,
and ther greatest duety at this junctur ; and therfor they appoynted ane
address to be drawn up and sent to his Majestic, and recomends to the
provost, baillies Fordyce and Gelly, provost Gordone and Ludquharne to
draw the said address, and afterwards to be signed by the provost for the
counsell, and whereof the tenor follows : To the Kings Most Excellent
Majestic, the humble Address of the Magistrats and Town Counsell of
Aberdeen. Most Gracious Soveraign, As it wes our greatest honour to
be among the royale burghs on this syde of Tay who were most maltreated
for adhering to the present governement, so being now restored to our
office by your Majesties order of ellection would not but take the first
opportunity of congratulating the wisest and best of kings on the late
great and happie turn of affairs in these northern pairts, in bringing
about of which your Majestys excellent generall his Grace the Duke of
Argyll, had so good a share, and to whose speedy assistance and prudent
manadgement this oppressed city wes exceedingly obliged, especially
seeing we so far differ from those who illegally assumed the magistracy
in this place and others (in ther late addresses), as firmly to believe that
54 BURGH RECORDS, ABERDEEN, 1 7 id
instead of Britains happieness being anywayes connected with the
Pretenders succession, the absolute ruine of our Church and State by
Popery and tyrannie had been the fatall consequence thereof ; whereas,
Great Sir, we being, on the other hand, fully satisfied that all our valueable
sacred and ciuill interests dependeth (under God) on your Majesty, and
the established succession in your royall family, we joyfully take this
occasion of assureing your Majesty, that upon all events whatsomever
we are ready with our lyues and fortunes to stand by the Protestant
Succession as settled by law. That ane Almighty God may
greatly establish your Majesties throne, and that the scepter of these
realmes may continue to be swayed by one of your royall progeny to
latest posterity, is, and shall ever be, the hearty prayer of, may it please
your Majesty, your Majesties most faithfull, most loyall, and obedient
subjects, signed in name and by appoyntment of the magistrats & towne
counsell. Sic Subscribitur
ROBERT STEWART, provost.
I2th April, 1716.
Acts of the late Council rescinded.
The said day, the provost, baillies, and counsell, newly elected by
warrand of the Privie Counsell of Great Britaine, declare that it is ther
opinion that those who assumed the government of this burgh as
magistrats and counsellors, the twenty nynth of September last bypast,
were not lawfully called thereto, so that the same wes ane illegal! counsell,
and consequently ther acts and orders were illegal!, and are hereby
rescinded.
24th September, 1716.
The names of those made burgesses during the rebellion to be deleted.
The said day, the provost, baillies, and counsell, ordained the haill
persons names who were made burgers the tyme of the late rebellion,
from the thirty day of September last bypast m. vii c . fyftein yeirs to the
twenty fyfth day of January last inclusive, to be delet out of the burger
book, and which wes accordingly done in counsell.
X.
PROOF OF SEVERAL PERSONS BEING FORCED TO THE
REBELLION 1715 BY THE EARL OF MAR.
Att Kirktoune of Alford the fifteenth day of March One thousand
seven hundred and sixteen Att a Justice of peace Court holden by Sir
William Forbes of Craigevar, Arthur Forbes of Breda, and Archibald
Forbes Putachie, Justices of the peace for the County being mett by
virtue of a warrant from his Grace the Duke of Argyll, for disarming
the country.
The said day Compeared David Lumsden of Cushney, and desired
the saids Justices would be pleased to take the affidavits of some witnesses
to prove That Henry Lumsden and Robert Reid Vassals to the Earle of
Marr re d . in the Lordship and Regality of Kildrummy, and Alexander
Gordon, Jerom Dumbarr, Robert Grant, William Grant, James Rae,
William Mare, William Davidsone, Robert Hendersone, Thomas Cook,
William Gray, Francis Fergusone, John Finnic and Thomas Forbes All
tennenty to the s d David Lumsden, who is also a Vassall of the said
Earle of Marr's within the said Lordship and Regality of Kildrummy,
who were all taken prisoners at Preston in the Moneth of November
last, And that they were all forced to be in the Rebellion by the threats
and fine of the Earle of Marr, and those directed by him, which desire
the saids Justices thought reasonable and called before them the following
witnesses to prove the said force and concussion.
Compeared William Tough in Nedher Kildrummy, Married Man,
Aged Seventie years and above, who being solemnly sworn, And purged
of partiall Counsel! Depones that he knowes all the persons contained in
the above list, And that they all lived in the Lordship and Regality of
Kildrummy, And that they were forced and Compelled to go out in the
unhappy Rebellion much against their inclina'n, And that they did to
56 PERSONS FORCED TO REBELLION
be free of the same, Flee from their houses for severall dayes, And that
by My Lord Marrs order, Parties were sent, who did sett fire to their
houses, and corn-yards, And that after they had absconded for severall
dayes, They were taken prisoners by the saids parties, And were sent
prisoners to Braemar, where my Lord Marr then was, And that he lives
in the Neighbourhood, and knows all to be true, being an ey witness of
the same. And this is the truth, as he shall Answer to God.
Juravit coram nobis. W. TOUCH.
W. fforbes J.p.
Arth : Forbes J.p.
AR. Forbes J.p.
Compeared Alexander Ferres Easter Clova in the parioch of Kil-
drummy, Married Man, Aged Fourty years or thereby, who being
solemnly sworn, and purged of partiall Counsell being interrogatt, what
he knows of the abovenamed persons their being in the late Unhappy
Rebellion, and whether they were forced by the Earle of Marr, and
parties sent by him Depones conform to the deposition of the above
William Tough in every Article, And that he knows all to be true
because he lives in the Neighbourhood, And this is the truth as he shall
answer to God, being eyewitness thereto, And depones he cannot write
and Impowers George Ross Notar publick to subscribe for him.
At command of the said Alexander Ferres deponent who cannot
write himself I George Ross notar publick subscribe for him.
Juravit coram Nobis. G. Ross n : p :
W. fforbes J.p.
Arth : Forbes J.p.
AR. Forbes J.p.
Compeared Charles Reid in Mains of Kildrummy, Unmarried Man,
Aged Twenty four years or thereby, who being solemnly sworn, And
purged of partiall Counsell, being interrogatt, what he knowes of the
above named persons their being in the late unhappy Rebellion, And
whether they were forced by the Earle of Marr, and parties sent by him.
Depones conform to the deposition of the above William Tough and
BY EARL OF MAR IN 1715. 57
Alexander Ferres in every Article, And that he knows all to be true,
because he lives in the Neighbourhood, And this is the truth as he shall
answer to God, being ane eyewitness thereto.
Juravit coram nobis. CHARLES REID.
W. fforbes J.p.
Arth Forbes J.p.
AR. Forbes J.p.
Compeared William Tough in Nedher Kildrummy, Married Man,
Aged fourty four years or thereby who being solemnly sworn, and purged
of partiall Counsell, being interrogat q l he knowes of the @ named
persons, their being in the late unhappy Rebellion, And whether they
were forced by the Earle of Marr, And parties sent by him, Depones
conform to the deposition of the above William Tough, Alexr. Ferres,
and Charles Reid, in every Article And that he knows all to be true,
because he lives in the Neighbourhood, being ane eye witness thereto,
And this is the truth as he shall answer to God.
Juravit coram nobis. WILLIAM TOWCH.
W. fforbes J:p.
Arth: Forbes J:p.
AR<=. Forbes J:p.
Compeared William Cordwainer in Mains of Kildrummy, Married
Man, Aged about twenty four years, who being solemnly sworn, And
purged of partiall Counsell, Being interrogatt what he knows of the @
named persons, their being in the late unhappy rebellion, and whether
they were forced by the Earle of Marr, and parties sent by him Depones
conform to the depositions of the above William Tough, Alexr. Ferres,
Charles Reid, and William Tough in every article, And that he knows
all to be true, Because he lives in the Neighbourhood, being ane eye
witness thereto, And this is the truth, as he shall answer to God.
Juravit coram nobis. . WILLIAM CORDONER.
W. fforbes J:p.
Arth : Forbes J:p.
AR<=. Forbes J.p.
I
58 PERSONS FORCED TO REBELLION.
Compeared William Gibbon in Mid Clova (?) in the parish of Kil-
drummy, Married Man, Aged about thirty years, who being solemnly
sworn, and purged of partiall Counsell being interrogatt q l he knows of
the @ named persons, their being in the late unhappy rebellion and
whether they were forced by the Earle of Marr and parties sent by him
Depones conform to the deposition of the above William Tough, Alexr.
.Ferres, Charles Reid, William Tough and William Cordoner in every
article, and that he knowes all to be true, Because he lives in the
Neighbourhood, being ane eye witness thereto, And this is the truth,
As he shall answer to God.
Juravit coram nobis. WlLAM GlBON.
W. fforbes J:p.
Arth: Forbes J:p.
AR<=. Forbes J:p.
Compeared William Young in Bog-heads in the parish of Auchindore,
Married Man, Aged about Fifty years who being solemnly sworn, and
purged of partiall Counsell, being interrogat what he knowes of the @
named persons, their being in the late Unhappy rebellion, And whether
they were forced by the Earle of Marr, And parties sent by him Depones
conform to the depositions of the above William Tough, Alexr. Ferres,
Charles Reid, William Tough and William Gibbon in every article, and
that he knowes all to be true, Because he lives in the Neighbourhood,
being ane eye witness thereto, And this is the truth, As he shall answer
to God. WILLIAM YOUNG.
W. fforbes J:p.
Arth Forbes J:p.
AR<=. Forbes J:p.
The above Justices have signed the depositions of the respective
witnesses above sett doun, And there did appear severall other witnesses,
who live in the Neighbourhood of the above persons now Prisoners, who
were taken att Preston, That they were all press'd and forc'd to be in the
Rebellion, as is depon'd by the @ witnesses, But they did think the
depositions of the above witnesses were sufficient to prove the force and
oppression they mett with to be sufficient as the Occasion of their
in the Rebellion. The truth of all which is
and Sealls at Alford date forsaid. W. fforbes J:p.
Arth : Forbes J:p.
AR C . Forbes J:p.
XI.
PETITION BY ALEXANDER GORDON, YOUNGER OF
AUCHLYNE, 1715.
To THE KING'S MOST EXCELENT MAJESTY. The Petition of
Alexander Gordon Yonger of Auchlyn in the County of
Aberdein Esqur. [1715.]
Humbly Sheweth
That the petitioner hes alwayes bein most zealus for the protestant
succession in your Mayes person, and family, and being att Aberdein, att
the beginning of the late unaturall rebellion, and hearing, that a party
of eightein men, of the rebells, were to proclame, the pretender to wards
midnight, he wynt and attacked them, with his servant wounded nyne of
them, and hindred the pretenders being proclamed att that tyme, and
that itt was, the first blood that was draven, and the first advantage, that
was obtained, in Scotland, in your Majestys cause.
That the petitioner hes bein thryse emprisoned, for the above said
servise, by the Rebells, viz : att Aberdein, Huntly, and Pearth and was
conducted, from Huntly, to Pearth, to suffer ther, publickly, for his above
disloyallty (as they called itt) but he fortunatly made his escape, and
shuned the punishment, they had resolved to inflick on him.
That in the beginning, of the said Rebellion, the Petitioner publickly
advysed the Marquis of Huntly, in presence of severall of his rebellious
adherents, to forbear his preparationes and after the said Marquis was
marched, to Pearth, with his army, the petitioner advysed him again,
from Edinburgh wheir he then was, to go home and brake with Mar, and
the pretender, and hearing, that some diferenses, were arissen, betwixt
the sd Marquis, and Mar, the petitioner by means of the latte Deuck of
Gordon, improved them to ane ruptur.
($O PETITION BY ALEXANDER GORDON,
That itt was the Petitioner, that advysed and preualled, with the sd
Marquis, to surender himself to your Majesty, bein convinsed, itt was
not only, the only means of securing, and obtaining his own safty but
which the petitioner knew wold efectually, end the rebellion.
That the petitioners house, was plundred, his lands wested, his corns,
cattell, horrses, arms, &c. caryed avay and hes lost above 3000 sterling,
for his firm adhering to his Majesty.
That the petitioner passed the forth three tymes, from Edinburgh, to
Pearth, in cognito, to the great danger of his lyfe, to observe the Rebels,
and that he prevailed, with above 3,000 to desert, and cary avay ther
arms and also with Mar, and the Pretender's Gentries, who by that means,
have frequently bein without Cards, att ther dours and the better to
succeid in that desyne, he advysed on of his own men, who was in the
rebellion, with the petitioner's bruther to feing him self mad, and to cry
publickly Country men, Rebellion, is not your busyness, retyre and go
home, which encouraged many, and indussed severalls to desert.
That the petitioner gave advyse, to Brigadier Preston, by letter, that
ther was, ane desyne to surpryse the Castell of Edinburgh, by means of
one Gumming, ane disafected ofisher therin, and of the precise tyme, itt
was to be putt in execution, and the sd ofisher being secured, that desyne
of the rebells miscaryed, and gave to the justise clerk, an complete list,
of all the rebell gentry, and justises of peace of these countys.
That the petitioner is not secure, in his own country, when ther,
because of the zeall, he has shewed for his Majesty, that he hes often
writt to the Lord Forbes lovetenant, to London, to come to the said
country whair he and some other gentelmen, wold joyn him, and that by
clandestine means, he is struck out of the commissions of the peace,
because he had bein active as such, in disarming the rebells.
That the petitioner, was the only gentelman of the name of Gordon,
and of all the County of Aberdein, who by his counsell, and example
encouraged the people, to be firm to his Majesty, that he exposed, and
lessned the order, and conduck of the rebells, and extolled the strenth
and success, of his Majesty's arms, that att all elections of members of
Parlament, he alvayes wotted, for those who were for the protestant
succession, in your Majesty's family, and his indevors and influence, in
your Majesty's cause seldom, fealled of the desyred success.
YOUNGER OF AUCHLYNE, 1715. 6l
That your petitioner att Edr. the last sumer when the country was all
in a heat about the malt tax at the desyre of Mr. Ross and the other
Comrs. of custom and excyse did wryt to his frenes to pay the malt duty
peceably and gav the first example of payment himself.
That what is most of all greiving and prejudicall to the petitioner is
that for his zeal and great loyalty for your Maj. and your royall family
his unnaturall father hes disinherited him of his whole landed estate
amounting to neer 500 pound sterling a year and hes setled the same in
favours of a second younger brothers son tho a fool, the younger brother
having been very in that rebellion and that the petitioner hes not
restored ony part of the sd estate since the rebellion to this tyme and
that he hes been excluded from the whole estate and disinherited
of being zeallous and active for his majesty's government.
That the petitioner having done all these great services above said
and sufered the wrongs and loses above mentioned of his whole personall
and land estate &c. and his case being most singular.
Wherfor as your majes. humble petioner hes bein a long whyle
depending from the rebelion to this tyme, and being reduced to straits
he humbly presumes to throw himself at your Majs. feet to intreat for
your consideration for his great lososes and services and issue releif in
the present case as to your Majes. in your great wisdom and goodness
shall seem most meitt.
And your petioner as in deuty bound shall ever pray.
XII.
EXTRACTS FROM PRESBYTERY BOOKS OF ALFORD, 1715.
"Alford Kirk, October 24th, 1715.
" The Presbytery being called by circular letter from the Moderator,
convened, and constitute by prayer, did elect Master Law Moderator, and
continued Master Leask Clerk.
"The Presbytery taking under consideration the reasons why they
did not meet at this place, September I4th according to their adjournment
August 24th, found it was to be owing to the unnaturall and unhappy
rebellion, which was then beginning to rage within the bowells of this
land, and continues so to do, which rendered it unsafe for them to keep
their ordinary publick meetings, found also that the said rebellion was so
far from being yet suppressed, that it was become more strong, and
boasting ; that the rebells insulted ministers, searched their houses, and
spoiled their goods ; that the country was in such a ferment and confusion
as that discipline could not be exercised against delinquents, who would
contemn their authority. Therefore they did agree to supersede and
delay their ordinary Presbyteriall meetings till the Lord extinguish the
flame, and bring matters into their right channells, and appointed, the
brethren be South Done to meet as frequently, by turns, at one another's
houses as the present circumstances of affairs would permitt, in order to
encourage and strengthen one another, and to exercise themselves in
those duties the present posture of affairs is loudly calling for, and unto ;
and such as live on the other side of the water to meet likewise among
themselves, for the ends foresaid."
"Towie of Clate, January 4th, 1716.
" The Presbytery being called .... did take under consideration
the cause of their meeting at this place to-day, viz., its being presumeable
ALFORD PRESBYTERY RECORDS. 63
the Pretender being now landed in this northern part of the kingdome,
and gone to the rebells, there would be a proclamation issued forth by
the said rebells enjoining and commanding a day of rejoiceing and
thanksgiving to be observed for his safe arrivall, and the severall members
being enquired, nominatim, Whether or not they would obey any such
proclamation, if it should be published, and they required by the rebells
so to do, all of them answered, they were resolved, through God's grace,
never to be guilty of any such sinfull complyance, or anyways accessory
to the rebellion, but firmly to adhere to his Majesty King George, and
present government. Whereupon being exhorted to stedfastness, the
Presbytery closed with prayer."
"Alford Kirk, February 22d, 1716.
" The Presbytery being called by circular letter, convened, and con-
stitute by prayer, and taking into their consideration that, among
other treasonable papers published by the rebells, there had been a
proclamation issued out by them, requiring ministers to keep a day of
rejoiceing and thanksgiving in, and with their severall congregations, and
that for the safe arrivall of King James the Eight, as he is designed
therein, that also the said rebells are now dispersed, and the rebellion
crushed, did, in pursuance of what was done at Clate January fourth,
agree that every member present should be enquired if they had observed
the said thanksgiving, or contribute anything to the rebellion, or if they
had owned and adhered to our happy establishment in Church and State,
and accordingly every one of them being interrogate, answered, that they
had been helped to evidence their firm adherence to the present govern-
ment of Church and State, and to testifie in their capacity against the
now suppressed usurpation and rebellion. The Presbytery being sufficiently
informed that Mr. Alexander Law, now absent, had observed the said
thanksgiving for the pretender's arrivall, upon the 3d of this current
month with his congregation, that the said Mr. Law had prayed for the
said pretender, under the designation of King James the Eight, or in
such terms as his congregation understood he was the person intended ;
that he neglected to pray for his Majestic King George nominatim, or in
such words as his auditory could gather he was the person meant by him,
and that contrary to his judiciall engagement at Towie of Clate January
64 EXTRACTS FROM RECORDS
4th, and his practice in private meetings with his brethren since the
rebellion did begin. Whereupon the Presbytery appointed their next
meeting to be at Alford the 27th of this current month, and Mr. Johnstone,
who had been chosen Moderator, undertook to cause summond the fore-
said Mr. Law to the foresaid dyet, and to deliver him the following libell
viz. That contrary to his duty, his judiciall engagement, and his practice
in private societies with his brethren, he had espoused the cause and
interest of a Popish pretender, and deserted the Protestant interest, and
that by praying for the said Popish pretender, under the designation of
King James the Eight, or in such terms as his hearers knew he meant
him, and that upon the 2d of February last, or upon one or other of the
days of November, December, or January, last bypast, that he observed
the 2d day of February last as a day of thanksgiving for the arrivall of
the said Popish pretender, that he neglected to pray for his Majestic
King George nominatim, or in such expressions as his auditory understood
he was the person intended."
."Alford Kirk, February 27th, 1716.
" After prayer &c
"The Presbytery finding by Mr. Garioch's report that Mr. Law had
not been cited to this dyet, and that the said Mr. Law is not in caice to
come this length at present, in regard of bodily indisposition, appointed
to meet at Clate March the I4th, and their officer to summond the said
Mr. Law to that place, to deliver to him a copy of the lybell, which, for
that end, was given to the said officer."
"Kirk of Clate, March 14*, 1716.
" After prayer &c
" The officer gave in ane execution, bearing that he had summonded
Mr. Alexander Law to this dyet, which being read, and sustained, and
the said Mr. Law called, compeared, owned that he had been cited, and
gotten a double of the lybell, and he having the severall articles of the
libell proposed to him, answered, That he never, as far as his memory
could serve him, prayed for the Popish pretender under the name of King
James the Eight ; that he behoved to own he did read a proclamation
issued forth by the rebells, and in pursuance thereof did observe that
OF PRESBYTERY OF ALFORD. 65
thanksgiving for the said pretender's arrivall ; that when he named any
King nominatim, in prayer, he did name King George, and at other
times, when he prayed, he did pray for the prince, and the rest of the
royall family, and his naming King George so frequently before August
last, might make him suppose that all his parish understood he meant
him still ; that upon the 2d of February he owned he prayed only for
the King's Majesty in generall terms, and what the people's thoughts
were he could not tell. He owned that it was his mind at Towie
January 4th, that if any proclamation should come for a thanksgiving, it
should be rejected, but his circumstances laid him under temptation,
being very singular, which he is now heartily sorry for complying with.
Afterwards Mr. Law being removed, and the Presbytery having considered
his answers to the severall queries grounded upon the lybell, Found,
primo, that he had observed the said 2d of February as a day of
thanksgiving for the safe arrivall of a Popish pretender in this kingdome,
in and with his parish, and that in obedience to the proclamation issued
forth by the rebells, and that notwithstanding of his having engaged and
declared judicially January 4th, he would not comply with any such
proclamation as he now confesses. Secundo That he prayed only for
the King's Majestic in generall the foresaid 2d of February, which,
compared with his way of praying for the King at other times, and with
the present occasion he and his congregation were mett about, gave them
just ground to think he meant King James, as the rebells stiled him, for
whom he and they were observing that thanksgiving day, which he
himself is afraid to deny in his answers. Whereupon they judged him
censureable, and stated the vote thus, Suspend, and referr Mr. Law to
the Synod for further censure ; or Depose instanter. And then Mr. Law
being called in told he had nothing to add, but only this, that he hoped
his brethren would use lenity towards him in this matter, and having
joyned with them in prayer to God, he again removed, and the rolls
being called, and votes marked, it carried, Suspend and referr to the
Synod, which Mr. Law being called in had intimate to him, and was
cited apud acta to compear befor the Synod, the first Tuesday of Aprile,
at Aberdene, with continuation, and Mr. John Gordon was appointed to
preach at Kern Sabbath come eight days, and to intimate this sentence,
and Mr. Garioch to supply Glenbuckct the said day, and ane extract to
be laid befor the Synod."
K
66 EXTRACTS FROM RECORDS
In same Minute as the above occurs the following :
" The Presbytery considering that Masters Andrew Livingston, Epis-
copall Incumbent at Keig, Andrew Jeffray at Alford, John Robertson at
Strathdone, and John Alexander at Kildrumy, had given great scandall
to all the true friends of the Reformed Protestant Interest, and of our
present happie establishment in Church and State in this corner, and that
by abetting, encourageing and assisting the late unnaturall and wicked
rebellion, by their observing fasts and thanksgivings in obedience to the
rebells' proclamations, by their praying for the Popish pretender, under
the name and title of King James the Eight, and by praying for success
to the rebells 1 arms ; considering also that they are like to meet with
great opposition from the said Episcopall Incumbents, and their many
friends, in the prosecution of this affair, and therefore had need of the
best advice, did appoint Mr. Copland to write to the Kirk Advocat and
Agent at Edinburgh for advice, wherewith Mr. Patrick Gordon is to
acquaint him ; and in the meanwhile delayed any further procedure in
this affair, till they have advice from the Synod to sitt at Aberdene
Aprile next ; and a return from Edinburgh."
"Alford Kirk, April i8th, 1716.
" The Presbytery finding that the extract of Mr. Law's Process had
been laid befor the Synod, and that the said Synod had deposed him
and appointed Mr. Garioch to preach at Kern, and to intimat the said
sentence of deposition there, enquired at Mr. Garioch if he had obeyed
the Synod's appointment, who declared he had."
"Alford Kirk, May 2d, 1716.
" After prayer &c.
" The Clerk, in obedience to the appointment of the Presbytery,
Aprile i8th, produced a draught of three ly bells. The Presbytery
considering that they were only as yet come to the knowledge of such as
may be presumed the fittest witnesses against Mr. Andrew Levingstone
at Keig, and that the said Mr. Levingstone, (notwithstanding of his
having previous to the rebellion, sworn the Abjuration and the Alledgiance,
subscribed the Assurance, and prayed for his Majestic King George) had
yet engaged in the rebellion, and thereby given greater scandall than his
OF PRESBYTERY OF ALFORD. 6j
three brethren who had not qualified to goverment under Queen Anne,
as also that it would be proper to discuss one of the processes of these
incumbents ere they commenced another, did agree to begin with the
said Mr. Levingstone's process, and to give him the following lybell viz.
The Presbytery of Alford taking to consideration that Mr. Andrew
Levingstone having been incumbent in the Church of Keig at the happy
Revolution, did pretend to have taken the oaths to the civill goverment,
and subscribed the Assurance, did continue to exercise the holy ministry
there, under the protection of the law. Yet nevertheless it is alledged
that the said Mr. Levingstone hath engaged himself in the late unnaturall
and unjust rebellion against our gracious, and only lawfull, and rightfull
Sovereign King George, in order to dethrone his Majestic, and overturn
and destroy the Protestant succession in his royall family, and to install
a Popish pretender on the throne of these realms, to the utter subversion
of the true Protestant religion, with our laws and liberties, and did upon
the 2d day of February last, or ane or other of the days of the months
of September, October, November, December, January, or February last,
publickly in the foresaid Church pray for the Popish pretender, under the
name and title of King James the Eight, keep a publick fast upon the 24th of
November, or ane or other of the days of September, October, November,
December, January, or February last, for the success of his wicked under-
taking, and also a day of thanksgiving upon the 2d of February, or one
or other of the days of the abovenamed months, for his safe arrivall in
Scotland ; did read or suffer to be read from the pulpit of the said Church
diverse proclamations or orders, emitted by the pretender's authority for
paying cess or contributions to him, and levying men for his service,
casting off all regard for our only lawfull and rightfull Sovereign King
George, and neglecting to pray for his Majestic although required thereto
by authority. By all which, the said Mr. Levingstone has deserted the
Protestant cause, and espoused the interests of a Popish pretender,
contrare to his duty, and the obligations he is under, and is guilty of a
very atrocious scandall, and is a person of unsound principles, and is art
and part of that most wicked design and contrivance that has been
formed and carrying on for extirpating the Protestant religion, and
destroying its professors, and to overturn the present happy establishment
in this land, and instead thereof to introduce and settle Popery, and
arbitrary power among us. The double of which lybell being subscribed
68 EXTRACTS FROM RECORDS
by the Moderator and Clerk, and having a list of the witnesses to be
made use of for proving the severall articles therein, affixed thereto, was
delivered to the Presbytery officer William Rait, who was appointed to
deliver the said lybell, and list of witnesses to, and to summond, the said
Mr. Levingstone to appear befor the Presbytery, at this place, May the
3Oth, together with all the said witnesses, for which end he is to call
timeously for the written summondesses to be given to the said Mr.
Levingstone and witnesses, from Mr. Midletone, who is to have them in
readiness, and together with Mr, Thain, to provide the officer with two
witnesses to go along with him in laying on the citations."
"Alford, May 3Oth, 1716.
" After prayer &c.
" The officer produced an execution, bearing that he had summoned
Mr. Andrew Levingstone at Keig to this dyet, given him a copy of the
lybell, and a list of the witnesses, which was read and sustained. He
gave in also another execution, bearing that he had cited the following
witnesses viz. Patrick Garioch of Tulloch, James Reid in Litle Caty,
James Wilson there, William in Cevidily, Patrick Adam in Wood of
Putachy, James Fulerton in Ennygathell, John Anderson in Braehead,
David Anderson in Mill of Craigpot, Alexander Wilson in Newton,
James Donald in Heughhead, James Sievewright in Cobbleseat, Adam
Bonner Beddall at Keig, John Couts in Burnside of Keig, Patrick Mackie
in Achredachy, Alexander Adam in Crofts of Tulloch, and Alexander
Clerihue in Muirhead, which was also read and sustained, and the said
Mr. Levingstone with the foresaid witnesses were called, but none of them
compearing, the Presbytery appointed their officer to summond both
party and witnesses to compear befor them at this place, June 20th, and
that for the second time."
"Alford Kirk, June 2oth, 1716.
"After prayer &c.
" The officer gave in ane execution bearing that he had summoned
Mr. Levingstone at Keig to this dyet, and another execution signifying
that he had- cited the witnesses for proving the lybell given to the said
OF PRESBYTERY OF ALFORD. 69
Mr. Levingston, which were both read and sustained. Whereupon the
Presbytery having caused call the said Mr. Levingstone, he compeared,
and owned he had been cited to compear, and having heard the lybell
read over to him, and list of witnesses, acknowledged that their officer
had delivered ane exact double of both to him ; confessed that he
preached the fast and thanksgiving days lybelled, that he was in the
pulpit when the proclamation in order to thanksgiving was read, that
he desired his people to conveen that day, that he was silent, and showed
no dislike to the reading thereof. Afterwards he protested and took
instruments in the Clerk's hands, and that for the reasons contained in
the following paper given in by him, entituled Defences and Answers,
given in by Mr. Andrew Levingston, minister at Keig, to the lybell on
which he is pursued, and cited to compear befor the Reverend Presbytery
of Alford.
" ' I Mr. Andrew Levingston, minister of the gospell at Keig, being
conveened befor the Reverend Presbytery of Alford, to answer to a
criminall lybell, wherein it is alleged that I did engage myself in the
late rebellion, in order to dethrone his Majestic King George, and destroy
the Protestant succession, and to install a Popish Pretender, and thereby
to subvert the Protestant Religion, with our laws and liberties, and this
the lybell would evence by Primo Praying publickly in the said Church
of Keig for the Popish Pretender, under the name and title of King
James the Eight, or at least in such terms that my hearers could not but
know he was the person meant. Secundo, Reading, or suffering to be
read from the pulpit, diverse proclamations or orders emitted by the
Pretender's authority, and observing fasts and thanksgivings on his
behalf. Tertio, By neglecting to pray for his Majestie King George.
By which facts the lybell subsumes that I have deserted the Protestant
cause, and espoused the interest of a Popish Pretender, and am guilty of
ane atrocious scandall, in being art and part in carrying on that wicked
design of extirpating the Protestant religion.
" ' The aforesaid lybell as it is thus laid down, being of a very hainous
nature, treasonable practices, or at least some species of treason, being
lybelled, and the punishment due thereby being of the greatest conse-
quence, I beg leave to advance such defences as seem to me competent
at law. But befor I enter upon my defences, I would have the Reverend
Presbytery to take notice that it is not only to vindicate myself and
70 EXTRACTS FROM RECORDS
ministeriall conduct from the imputations of the lybell, but also to
testify all due deference to the Presbytery, so farr as consistent with the
known principles, and legall priviledges of an Episcopall minister, duely
qualified according to law, and protected thereby, that I do compear
here at this time, and because I am altogether inexperienced in the usuall
forms, and other things competent in law that might be necessary for my
defence, this being the first time I was ever lybelled, or cited to compear
befor any Judicatory as a delinquent, I must therefor, in the first place,
crave that no advantage be taken against me, if any unguarded or
inconsiderat expressions shall be used in any defences I am now to
advance, being willing to qualify or retract the same, how soon it shall
be made appear that the same is illegall or improper befor this court.
With this declaration, and under protestation of my design to act (as I have
always done) legally, and of my willingness to qualify or retract, as just now
said, I offer my following defences, and that nothing may be wanting in my
power, either to defend myself, character, and reputation, (which all will
acknowledge to be indispensibly incumbent on me when thus called) or
to satisfy the Reverend Presbytery in these things, anent which they
seem to be stumbled, and for which they have now lybelled me. I shall
first offer such defences as in the judgment of lawyers seem competent
against the Presbytery's jurisdiction in the present cause. 2 do . Supposing
them competent judges, I shall take notice of their illegall procedure
therein, and 3'. give in particular defences to the severall articles lybelled.
" ' First therefor, although this Presbytery be a Court legally established
to cognosce upon, and judge in ordinary scandalls among these under
their own inspection, and although I do not at this time formally and
simpliciter decline, yet I do plead and contend the Reverend Presbytery
is not competent to judge in this lybell, because Episcopall ministers
duely qualified are exempted from the jurisdiction of the Presbyterian
Church by Acts of Parliament, wherefor I must beg leave to mind the
mind of the Reverend Presbytery, that, by the Act of Parliament of
Scotland anno 1693, ministers of the gospell of the Episcopall perswasion,
who were then possessed of benefices were exempted from Presbyterian
jurisdiction, except in the particular cakes mentioned in the said Act
viz : Immorality, Ignorance, Insufficiency, and Supine Negligence, none
of which, I hope, will be laid to my charge, nor is the lybell founded on
any of the excepted caices, and by the Act of Parliament 1695, it is
OF PRESBYTERY OF ALFORD. 71
provided and declared, that whoever should come in and qualify to the
Goverment by the time limited in the said Act, and should behave
themselves worthily in doctrine, life, and conversation, as becomes
ministers of the gospell, should have and enjoy his Majesty's protection,
as to their respective kirks, benefices, and stipends, they always containing
themselves within the limits of their respective pastorall charges within
their own parishes ; without offering to exercise any power of licensing,
and ordaining ministers, or any part of goverment in Churches, Presby-
teries, Synods, or Assemblies, and seeing, in the terms of the last Act,
I did qualify to the goverment as certicat under the hands of my Lord
Forbes, and the Laird of Leys, then Privy Councellours, befor whom I
qualified, will testify, and have, I hope, behaved worthily in doctrine, life,
and conversation, I do contend that I have a good title to my Church,
and benefice, and to the protection of the civill goverment, and this law
being posterior to the Act 1693 must derogat from it, even as to the
excepted cakes, and exempts Episcopal! ministers entirely from all
subjection to Presbyterian jurisdiction, though, in the meantime, I am
willing to undergo the strictest tryall for life, doctrine, or any other part
of the ministeriall function, befor any Judicatory competent.
" ' Although Episcopall ministers were no more eximed than others,
yet the whole articles of this lybell, being purely civill, I humbly
conceive they are not cognoscible in any ecclesiastick Judicatory, for if
any such offences be comprehended within the Statutes, which do
determine the extent of treason, or misprison of treason, then should
the offender be tryed by a jury befor a Court of Oyer and Terminer,
specially appointed by the King for that end, as is plain by ane Act
passed in the parliament of Great Brittain, Anno Annae Reginae,
intituled ane Act which Act does not
only establish the manner of tryall, but likewise declares that the same
laws with respect to treason shall take place in Scotland as in England,
after the time limited by the said Act, and how the articles lybelled, if
proven, might fall under the Statutes of treason, I presume unknown to
the Presbytery, as well as to me, hence it evidently follows that the
carrying on a process of so dangerous a nature, befor a Judicatory
neither competent, nor perhaps skilled in the law forms necessary in such
a process, where the defender cannot have the benefite of lawyers, might
perhaps involve me in guilt, though never so innocent, and no age
72 EXTRACTS FROM RECORDS
produce ane instance of Church Judicatories their medling in matters
purely civill, but have left that to the civill magistrate, whose chief
province it is. I must likewise observe that as the law is designed for
the punishment of the guilty, so also for the protection of the innocent,
I hope therefor that ministers of the gospell, whose chief concern it is to
obey and propagate the laws of God, with due regard to the laws of man,
will not so farr deviat from the known road of procedure in crimes of
this nature, as to interfeir with the civill magistrate, and invade any man's
just rights beyond the common course of Justice.
" ' And as to the last article of the lybell concerning my not praying
for King George, denying the same, I contend also that this is purely
civill also, and cannot fall under the cognisance of the Presbytery, for by
the Act of Toleration requireing as weel the ministers of the Established
Church, as those of the Episcopall Communion, to pray in express words
for her Majestie Queen Anne, while living, and all the royall familie, it is
appointed that every such minister or preacher, neglecting to pray as
aforesaid, shall, for the first offence, forfeit the soum of twenty pounds
sterling, to be recovered and distributed as touching the other penalties
of the Act, and the prosecution is appointed to be befor the Court of
Justiciary, or other civill magistrates competent, and therefor it is obvious
that the Presbytery cannot judge thereof.
" ' But quoad the alleaged scandall which the Presbytery seems most
to have in view, I humbly conceive that no scandall can arise from facts
not proven, and for the Presbytery to adduce evidences for proving of
crimes which chiefly falls under the cognisance of the civill magistral, in
order to make up a scandall, would be to introduce a new form of
procedure, without any warrand, and found a jurisdiction where they
have none, since the crimes must be proven as the foundation of the
scandall, and I hope the Presbytery will not sustain themselves judges,
nor are they indeed capable of taking the oaths of witnesses in matters
of treason, so I contend I can never be censured for the scandall of ane
alleaged crime which is not proven in a Judicatory competent, which the
Presbytery, for the reasons above mentioned, is not.
" ' These defences of incompetency against the Presbytery's jurisdiction
I insist upon, and that my compearance, or not declineing simpliciter the
authoritie of this Court, may not be interpreted as a passing from these
defences, I protest I may have the benefite of them, and of the other good
OF PRESBYTERY OF ALFORD. 73
laws of the land in my favours for eximeing me from the Presbytery's
jurisdiction equally with others.
"'II. All that I say upon the second generall head is, that supposing
the Presbytery unquestionably competent, yet if what I am informed of
do hold viz : that the witnesses against me are cited to answer super
inquirendis, and that there are no particular facts, lybelled articles, or
other circumstances condescended upon, and made known to them, either
in the body of their summonds, or otherwise, I do contend that this way
of procedure is contrary to law, and all the forms of procedure in every
constitute Court, and since the most knowing witnesses may be surprised
with questions about which they had no time to consider of, and the most
innocent person ruined thereby. Although I object nothing against the
witnesses themselves, yet I cannot but plead and protest against their
being admitted to depone, till at least they be legally apprised of the
articles and facts upon which they are to witness, and that I may have
all the benefite of law against the Presbytery, in caice they proceed
otherways against me.
"' III. As to third generall head viz. particular answers to the severall
articles of the lybell, besides what is said above on the head of incompetent
jurisdiction, I do (always insisting upon my former defences, and under
the former declarations, and protestation) proceed to answer directly to
the articles lybelled, and i. As I own that I am ane Episcopall minister,
have taken the oaths required by law, and exercised the holy ministry
under the protection of law, so I hope it will be found that I have not
acted contrary to these oaths, nor done anything to forfeit the protection
of his Majestic King George, although under considerable temptations
so to have done, as the Presbytery cannot but know, and therefor do
declare that I always abhorred such a wicked design, and am sensibly
affected that I should be concluded by the lybell to be one who had deserted
the Protestant cause, and have art and part in carrying on a wicked
design of extirpating the Protestant religion, and as this appears to be
only what is cognoscible by the Presbytery, the articles lybelled being
purely civill, as I have said, so should I most heartily submit to the
Presbytery's sentence, if I had been guilty of so great wickedness. But
to my own satisfaction I do profess, and declare, with the greatest
sincerity, that I never entertained a thought so wicked, nor a design so
execrable, and I hope, by the grace of God, never to be guilty of it ; It
L
74 EXTRACTS FROM RECORDS
is indeed matter of great concern to me, to find that the Presbytery
should lay so severe a scandall to my charge, for, I presume, it is
sufficiently known that I am a man of orthodox and sound principles,
and that my life and conversation hath been suteable thereto.
" ' But this detestable conclusion being on the preceding articles, I
proceed a little further to offer some brief particular answers thereunto,
and denying them all as lybelled, I contend that I am not conscious to
myself that ever I prayed for the Pretender, under the name of James
the Eight, or in such terms as my hearers could not but know he was the
person meant, or that I observed fasts and thanksgivings on his behalf,
or read proclamations emitted by his order, so I hope, yea am conscious,
that these practices never shall be proven against me. But as to my
suffering such proclamations to be read, I presume the Presbytery knows
it was neither in their power, nor in my power, to hinder this, especially
where the heritors were engaged in the rebellion. But since I did not
command nor consent to the said reading, I plead not guilty. As to my
preaching on any day of the week, I never thought it unlawfull, as I hope
the Presbytery does not, since I am sure I never preached sedition, nor
encouraged rebellion by my doctrine, but on the contrary disswaded from
it. And when I preached on any week day, it was to keep my people
from going elsewhere, and to edify them with sound doctrine at home.
And as for my neglecting to pray for King George, although I did not
always pray nominatim, as I believe some of the Presbytery did either
befor, or in time of the rebellion, yet I neither did, nor do neglect this
my duty.
" ' Upon the whole matter, I hope the Reverend Presbytery will, upon
mature consideration of the premises, think fitt to desist from so undue
proceedings, as well for the regard they have for their own character, and
function, as for the justice which is due to mine. But, if notwithstanding
hereof, they shall proceed to cognosce upon the crimes lybelled, I must,
with all due deference, protest against their proceedings, and that any
sentence that shall be pronounced by them against me may be void and
null, and that the Moderator of the said Presbytery, and remanent
members thereof may be severally and conjunctly lyable to me for all cost,
skaith, dammage, and expenses I may incurr by, and through their un-
warranted procedure. And I crave that this my protestation may be
marked in the Presbytery Books ; and that I may have extracts thereof,
OF PRESBYTERY OF ALFORD. ?J
and of the lybell, minutes, and hail proceedings of the Presbytery, as
often as I may have occasion for the same. And upon all and sundry
the premises, I take instruments in the hands of the said Presbytery
Clerk, and in the hands of Francis Moir, Nottar publick, upon this 2Oth
day of June 1716 years, befor witnesses John Taws, servitor to John
Davidsone in Kirktoun of Alford, and James Rob, my servant. Sic
subscribitur, A. Levingstone. 1
"As to these defences of Mr. Levingstone, the Presbytery made the
following answers.
" Whereas Mr. Levingstone alleages and asserts that the Presbytery
is not a competent Judicatory to cognosce upon the articles of his lybell,
and that first, because Episcopall ministers duely qualified were eximed
from the jurisdiction of the Presbyterian Church by Acts of Parliament,
the first whereof he cites is in anno 1693, by which Act he contends
ministers of his perswasion, who were then possessed of benefices, and
duely qualified in law, were exempted from the jurisdiction of the
Presbyterian Church, except in the cases mentioned in the said Act viz.
Immorality, Ignorance, Insufficiency, and supine negligence, none of
which, he hopes, will be laid to his charge, nor is the lybell founded upon
any of the excepted cases.
" It is answered, that the said Mr. Levingstone should have condes-
cended upon the said Act of Parliament, for we contend there was no
such Act made and emitted anno 1693, but the Act he seems to referr
unto is the 22d Act of 4th Session, ist Parliament, K. W. and Q. M.,
passed June i2th, 1690, entituled, Act for settling the quiet and peace of
the Church ; and is so farr from eximeing Episcopall ministers from
Presbyterian jurisdiction, that it establishes the jurisdiction of the
present Church over them, in that it certifies such as shall not qualifie
themselves, and apply to the Generall Assembly, in manner specifiet in
the said Act, that they may be deposed by the said Assembly, and other
judicatories, tam ab officio quan a beneficio, and withall declares that, if
any of the said ministers who were not then received into the goverment
of the Church, should offer to qualifie and apply after the manner
prescribed in the Act, they should have their Majesties full protection,
ay and while they should be admitted and received in manner foresaid ;
providing always that this Act, and benefite thereof shall no ways extend
to such ministers as are scandalous, erroneous, negligent, or insufficient.
76 EXTRACTS FROM RECORDS
But these and all others in like manner guilty are thereby declared to be
lyable and subject to the power and censure of the Church as accords. But
" II. Admitting Episcopall ministers to be eximed from the jurisdiction
of the present Church, according to Mr. Levingstone's allegance, except
in the cases of Immorality, Ignorance, Supine Negligence, and heresy,
yet is it strange and surpriseing to hear Mr. Levingstone deny that his
lybell is founded upon any of these excepted cases. If it be not
immorality to observe fasts for success to the Arms of a Popish
Pretender, to implore the divine aid for carrying on treasonable designs,
against a Goverment he had sworn to support, to keep thanksgivings for
the said Pretender's safe arrivall in Scotland, to desire his people to
conveen for the foresaid ends, upon the back of a proclamation, read in
his kirk, and emitted by the said Pretender's authority, as the said
Mr. Levingstone has confessed, and that notwithstanding of his having
qualified according to law, which he owns in his defences, of his having
sworn the Abjuration, and Alleagance, and subscribed the Assurance, if
to do all this be not immorality, we leave to all men of judgement,
candor, and disinterestedness to determine. If for one who designs
himself a minister who has behaved worthily in conversation, to abjure a
Popish Pretender, as not having any right to the crown of these realms,
and dominions thereunto belonging, one year, and then, at the next turn
own his authority, obey his proclamation, keep fasts and thanksgivings
enjoined by him, and to desire their congregations to assemble in
complyance with his orders, be not immorall and scandalous in such a
person, in one who assumes that holy character, we are at a loss to know
the nature of immorality, and must own to have had no just idea thereof
hitherto.
"III. Besides, Mr. Levingstone himself owns in his above defences
that the articles lybelled are of a very hainous nature, and, in so farr,
agrees not only with the Parliament of Great Brittain, but with the
Episcopall Church in South Brittain, his brethren of the Prelatick
perswasion there. Now how he will be able to reconcile this his
acknowlegement as to the nature of the said articles, with his denying
there being any immorality in them, or his being charged therewith, we
are not able to comprehend.
" The next Act of Parliament Mr. Levingston adduces, against the
competency of the judicatory, is that anno 1695. The Act he intends
OF PRESSYTERY OF ALFORD. 77
is the 27th Act, 5th Sess., 1st Parliament, K. W. past July i6th, 1695,
whereby it is provided, that whoever should come in, and qualifie to the
Goverment by the time limited in said Act, and should behave them-
selves worthily in doctrine, life, and conversation, as becometh ministers
of the gospell, should have and enjoy his Majesties protection, to their
respective kirks, benefices, and stipends, they always containing themselves
within the limittes of their own pastorall charges, within their own
paroches, without offering to exercise any power of licensing, or ordaining
ministers, or any part of goverment in Churches, Presbyteries, Synods,
or Assemblies, and from this he subsumes, that seeing in the terms of
the Act he has qualified to the goverment, and, as he hopes, behaved
himself worthily in doctrine, life, and conversation, he contends his title
to his Church is good, to his benefice, and to the protection of the civill
goverment.
" Now allowing Mr. Levingstone to have behaved himself worthily in
all these, yet this is not a sufficient enumeration of the qualifications
required for entituling him as above, for this Act, as cited by himself,
requires that such alwayes contain themselves within the limits of their
own pastorall charges, within their own paroch, without offering to
exercise any power of licensing or ordaining ministers, or any part of
Church goverment, and what his practice has been as to containing
himself within his own pastorall charge and paroch, and behaving
himself otherwayes agreeable to this Act, is so nottour in the bounds,
that he dare not offer to defend it, and reconcile the same to this part of
the said Act. He himself knows that he has, contrary to this clause of
the Act, mett Presbyterially with his other brethren, that, in conjunction
with them, he has prescribed and received tryalls from young men,
licensed them to preach, recommended them to exautoral Bishops for
ordination ; that he, together with them, since the beginning of the late
rebellion, agreed' that a publick fast should be observed in their severall
paroches, in order to implore success to the rebells wicked designs, that
he has given the holy communion to people in some of our congregations,
without any document if they were under scandall, or church censure, or
not ; whereby he has forfeit all right to the protection promised in, and
by that Act, even albeit he had, as himself alleages, behaved worthily
in the other particulars, which is the thing sub judice. And whereas he
alleages that the Act 1695 must derogate from the other anno 1693 as
78 EXTRACTS FROM RECORDS
to the excepted cases, and eximc Episcopall ministers entirely from
Presbyterian jurisdiction, because of its being posterior thereto, we must
own ourselves unacquainted with this kind of logick and reasoning, that
what is posterior must derogat from what is prior, when often it strengthens,
and confirms the same. The second thing he makes use of against the
competency of the Judicatory, is the crimes lybelled against him being
purely civill, and therefor only cognoscible by a Civill Court, or Magistrate.
"We crave leave to differ from Mr. Levingstone as to the articles
lybelled being purely civill, for we conceive as they fall under the
cognisance of the civill powers as hurtfull and destructive to the State,
and goverment, so do they under the jurisdiction and consideration of
the Church as scandalous and offensive thereto, and as such are lybelled
and pursued. Mr. Levingstone will not refuse that one and the same
action may, under different habitudes, be prosecut both civilly and
criminally, and why not befor a Civill and Ecclesiasticall Court, of which
we shall only instance that of Adultery, under different respects. Let
him assign us a reason why the civill powers may not punish ane action
as criminall, or as hurtfull to the commonwealth, and the Church cognosce
upon, and consider the scandall accompanying the very same action, and
we shall own our obligations to him ; or let him say, if he will, that his
practices in the time of the late rebellion were not stumbling and
scandallous, we must in this likwise declare ourselves not to be of a
piece with him. We are confident that all true and reall Protestants,
and wellwishers to the Reformed interest, and to our present happy civill
establishment, who shall compare Mr. Levingstone's practice towards the
Popish Pretender, with his lifting up his hands to Heaven, and solemnly
abjureing him, will agree with us, in looking upon the same as scandallous,
and of very bad example. Ministers taking oaths to goverment, and in
their discourses, and practices looking another way, contributes much to
deism, and sceptism in the land.
" Then as to no scandall ariseing from facts till proven, as is alleaged
by him, this contradicts the observation of all civilized countreys. Was
there never fornication, adultery, Sabbath breaking, or the like immoralities
in Mr. Levingstone's paroch of Keig that gave offence, till made evident
and proven ? Was he himself never stumbled at these vices previous to
their being proven ? If neither he himself nor his people were stumbled,
and scandalised at these, then why did he call such as were reported to
OF PRESBYTERY OF ALFORD. 79
have committed these sins befor his Session ? Was not this to make a
scandall, where, according to him, there was none? The Apostle Paul
was offended at the very report of fornication in the Church of Corinth,
and looked upon it as a scandall befor the person was judicially convict.
And if Mr. Levingstone was not at those in his said paroch, we cannot
help it
"Mr. Levingstone in his second generall head says, that the witnesses
against him were cited to answer super inquirendis, and that there are no
particular facts, lybelled articles, or other circumstances condescended
upon, and made known to them, either in the body of the summonds, or
otherways, and therefor contends, that this way of proceedure is contrary
to law, equity, and all the forms of proceedure in every well constituted
Court.
" To which it is answered, that the Presbytery contends that their
proceedure is orderly, legall, and agreeable to the way of proceedure in
every well constituted Court, seeing he himself got a copy containing a
distinct account of all the articles upon which he was accused, and the
copy of the summonds given to each witness had the heads of the lybell
therein, and when they compear, they are to hear the lybell read over to
them, befor they depone ; so that there is no ground for alleaging the
witnesses may be surprised in this caice.
" As to his not having acted contrary to his oaths, or done anything
to forfeit the protection of his Majesty King George, that he abhorred
such a wicked design as he declares in the third generall head, this is
Protestatio contra factum, to which we oppone his own judiciall confession,
and what is said to his first defence, and leave him, or any man, to
reconcile what he there acknowledges, and his practices befor and in the
rebellion, with his oaths, his professions, and declarations.
" He says he never observed fasts and thanksgivings on the Pretender's
behalf, or read proclamations emitted by his order. We reply, from his
own foresaid confession, that he was in the pulpit when the proclamations
for keeping the foresaid fast and thanksgiving days were read, that upon
the reading of these he desired his people to conveen the days fixed on
in the proclamations, that he preached the fast and thanksgiving days
lybelled, and these unquestionably lybelled as being for the Pretender,
as he cannot but know, so that if Mr. Levingstone will confess at one
time, and deny at another, say and unsay, who can help it.
8O EXTRACTS FROM RECORDS
"Although he did neither, as he alleages, read the proclamations
himself, nor command others to do it, yet we are hampered of our
charity, so as that we cannot believe his not consenting to the reading of
them, seeing, instead of discharging the reading thereof, or his with-
drawing when reading, or doing anything to testify his dislike thereat,
he continued in the pulpit all the time these were a reading, and,
immediately after they were read, desired his people to obey them.
" Upon all and sundry of which answers, Mr. Midletone reprotested
that no regard should be had to Mr. Levingstone's protestation, but that
the Presbytery should proceed in due form, as well for the regard they
bear to their own character and function, as for the obligation they are
under to appear against sin in the bounds, and thereupon took instruments
in the Clerk's hands, and the Presbytery adhered to the said reprotestation.
The Presbytery being to call witnesses, asked Mr. Levingstone if he had
any objection against them, or any of them, who answered he had none,
but protested that no witness should be examined in his process, unless
they got a new citation, containing the Articles in his lybell, and there-
upon took instruments in the hands of the Clerk, upon which Mr. Leask
reprotested, that the Presbytery should proceed to the examination of
witnesses, without regard to Mr. Livingstone's protestation for the
grounds above contained in the answers to the defences on the second
generall head, to which reprotestation the Presbytery adhered. Mr.
Levingstone offering to withdraw, was desired to stay, and hear witnesses
depone, otherwise they would look upon his withdrawing as a declining
of the judicatory, to which he replyed, that he would be but in the
kirkyard, and should return when called, and then removed. Afterwards
the witness being called compeared, James Reid in Little Caty, James
Wilson there, Robert Anderson in Braehead, James Sievewright in
Cobbleseat, James Donald in Boat of Heughhead, John Couts in
Burnside of Keig, Alexander Clerihue in Muirhead, David Anderson in
Miln of Craigpot, Patrick Adam in Wood of Putachy, James Fullertown
in Annygathell, Alexander Wilsone in Newtown, and Adam Bonner,
Beddle at Keig, who refused absolutly to depone, unless they got the
severall particulars, upon which they were to be interrogat engrossed in
their summonds, to consider upon, and a new day to answer. They were
told that they had the generall heads of the lybell in their summondses,
that they were to depone in so farr as they knew, and should be speired
OF PRESBYTERY OF ALFORD. 8 1
at, that they should have the articles read to them, that if there were
anything, when read, in the said articles difficult, it should be explained,
which was done accordingly. Yet, after all pains taken with them, they
all withdrew, except David Anderson in Mill of Craigpot, and Alexander
Wilson in Newton, who being willing to depone, Mr. Levingstone was
called to come in, according to his promise, to hear and see these two
witnesses examined, but refused, and told he had no more to do with
them. Whereupon the witnesses being sworn, purged of malice, and
partial! councell, David Anderson, aged about 38 years, deponed that he
did not hear Mr. Levingstone pray for the Pretender under the name of
King James the Eight, but heard him pray for the supreme Magistrate
under the name of King in generall, without any distinguishing expression,
but did not know what King he meant. That he heard through his own
parish he observed the thanksgiving lybelled, that he was his hearer two
Sabbaths only dureing the late rebellion, Causa scientiee patet this is the
truth sic subscribitur, David Anderson. Next Alexander Wilson, aged
about 20 years, and married, deponed, that he heard Mr. Levingstone
severall times during the late rebellion, but heard him pray for no King,
but in generall terms that might be applyed to any King, that he heard
him pray for success to the army, and heard he observed the fast and
thanksgiving days, saw the people going to the kirk, and heard the bell
ring, but went not himself. Causa scientiee patet &c. Declares he
cannot write, but empowered the Clerk to subscribe for him, sic subscribur
John Gordon, for Alexander Wilson.
" The Presbytery, after reasoning upon the whole affair, considering
that most of the witnesses refused to depone, and that the Committee of
Synod is to sitt at Aberdeen July 3d, appointed their Clerk to draw forth
ane extract of this hail process, which is to be laid befor the said Com-
mittee for advice, by the members who are to attend the same."
k
"Alford Kirk, July igth, 1716.
"After prayer &c.
" The brethren who had been members of the Committee of the
Synod, which sat at Aberdene July 3d last bypast, reported that they
had laid the extract of Mr. Levingstone's affair befor the said Committee,
and that their advice was to pass sentence against him upon his own
M
\
82 EXTRACTS FROM RECORDS
confession, and deposition of the witnesses already taken, without
troubling with any more. Likewise, the officer reported he had not cited
Mr. Levingstone to this meeting, being disappointed of one of the
witnesses who should have been present at laying the summonds. The
Presbytery having considered both the said reports, did appoint the
officer to summond Mr. Levingstone to the next meeting at this place,
August first."
"Alford Kirk, August 1st, 1716.
" After prayer &c.
" The officer produced an execution, bearing that he had cited Mr.
Levingstone to this dyet, which being read, and sustained, the said
Mr. Levingstone was called, but compeared not. There was given in a
letter of excuse from him, bearing that he was tyed to his bed, otherways
he had compeared, and desiring them to acquaint him by a line with his
own bearer, of their next meeting, whereat he promised to be present.
Whereupon, the Presbytery sustained his excuse, and appointed a line to
be sent with his servant, acquainting him that their next meeting was to
be at this place, August the 22d, which line was judicially subscribed by
the Moderator, and delivered to his servant."
"Alford Kirk, August 22d, 1716.
"After prayer &c.
" The Presbytery entering upon the affair of Mr. Levingstone at Keig,
and being informed that he was come to this place, according to his
promise, sent forth one of their number to desire him to come in, who
accordingly came along with the member, and owned the receipt of the
Presbytery's answer to his letter, signifyed that he was come to wait upon
them as he had engaged, and craved that the Presbytery would delay
any further step in his affair, till the next ensuing Synod. He
being removed, and his desire considered, the Presbytery found they
could not grant the same, but sent forth one of their number to signify
to him, that if he would engage to forbear preaching himself, and to give
access to such as the Presbytery might appoint to preach at Keig (should
the sentence happen to pass against him) they would use their endeavours
OF PRESBYTERY OF ALFORD. 83
to delay the intimation of the sentence till after Michaelmas,* who returning
reported that Mr. Levingstone could give no assurance just now of his
forbearing to preach, and give access to any commissioned by them, but
promised, if they would delay intimation of any sentence that might be
passed at this time, till their next meeting, he should have what was
proposed to him under his consideration till then. The Presbytery,
having considered the said answer, put it to the vote, ' proceed instanter, 1
or not, and it carryed, 'proceed.' Upon which Mr. Levingstone being
called, came in, and being asked if he desired any minute relative to his
affair to be read over, since they were now to proceed, answered, that
having heard them already, it would be to no purpose to spend time that
way. After prayer for light and direction, and reasoning upon the whole
of the affair, the Presbytery found primo, from his own judiciall confession,
that he was in his pulpit when the proclamation emitted by the Popish
Pretender's authority for the thanksgiving was read, and that he shewed
no dislike at the reading thereof, but desired his people to come on that
day. Secundo, that he observed the fast and thanksgiving days lybelled.
Tertio, they found from the deposition of the witnesses that, during the
time of the rebellion, he prayed only for the King in generall terms.
From all which it appears that the said Mr. Andrew Levingstone has
been guilty of an atrocious scandall, in deserting the Protestant cause,
espousing the interest of a Popish Pretender in opposition to our only
lawfull sovereign King George, and thereby in being art and part in
carrying on that wicked design of subverting the Protestant religion, and
the present happy establishment, and of introducing Popery and arbitrary
power, whereby he discovers himself to be a man of heterodox principles,
as well as of bad morals. Upon the whole, the Presbytery having stated
the vote, ' Depose the said Mr. Andrew Levingstone from the office and
exercise of the holy ministry in all the parts thereof,' or ' Not,' and rolls
being called, and votes marked, it carried, nemine contradicente, ' Depose.'
Therefore the Presbytery did, and hereby do, in the name of the Lord
Jesus Christ, and by virtue of that authority he has left in his house, and
committed to them, depose the said Mr. Andrew Levingstone from the
office and exercise of the holy ministry in all the parts thereof. Which
the said Mr. Levingstone being called in had intimate to him, by the
'Delaying "till after Michaelmas" would have enabled him to obtain the half-year's
Stipend due at that term.
84 EXTRACTS FROM RECORDS
Moderator, in the Presbytery's name. Upon which, the said Mr.
Levingstone gave in a paper, endorsed ' Mr. Levingstone's appeal and
protestation,' the tenor whereof follows ' I Mr. Andrew Levingstone,
Minister of the Gospell at Keig, being called to compear befor the
Presbytery of Alford, at the Kirk of Alford upon the 20th day of June
1716, to answer to severall articles of a lybell raised against me, did,
upon the foresaid day of June, for vindicating myself, and ministeriall
conduct, from the imputations of the said lybell, compear, and give in
such defences as seemed to me competent in law, and which in the
judgment of lawyers, seemed competent against the Presbytery's juris-
diction over me, viz. That I being an Episcopall minister, duly qualifyed
according to law, am, by severall Acts of Parliament, exempted from
being subject to the jurisdiction of any Presbyterian Church, and did
protest against the said Presbytery, as my protestation of the date the
foresaid 2Oth day of June doth more fully bear ; As also did protest,
that they being an Ecclesiastick Judicatory could have no competent
power, or authority, to cognosce upon, or pass sentence against me, for
the crimes alleadged in the said lybell, or to examine witnesses thereanent,
for the reasons contained in a paper given in by me to the said Presbytery,
of the date the foresaid 2Oth of June, to all which I do adhere, hopeing
they will be found relevant, when they come to be considered by any
competent unbyassed Judicatory. Yet notwithstanding, the Presby-
tery caused to cite me again to compear befor them at Alford, the first
day of this current moneth August, and year of God foresaid, and I
being under such indisposition of body, that I could not attend the
Presbytery, upon the foresaid ist day of August, did excuse my absence
by a line, which excuse the Presbytery was pleased to sustain, and
appointed that I should compear befor them, the 22d of August instant.
Upon which day I appeared for vindicating myself and ministry from
the imputations of the said lybell. And finding that the said Presbytery
had resolved to insist, and to proceed to sentence against me, especially
upon the account of some verball answers which they pretend, I gave
in to the Presbytery, Wherefore I give in this paper to the said Presbytery,
whereby I do disown such pretended verball answers, which they read
from their minutes in my audience, and do protest that no sentence
grounded upon such alleadged answers should pass against me, especially
seeing not one article of the lybell was proven against me by witnesses.
OF PRESBYTERY OF ALFORD. 85
Yet notwithstanding of the hail premisses, the Presbytery did most
unwarrantably proceed to the sentence against me, to which sentence I
can no ways obtemperate, for the reasons mentioned in my former papers
given in by me to the said Presbytery, to which reasons I adhere in all
points. And also add, that I having received my ministry, (as I hope
from Jesus Christ) and being duely and orderly invested with power and
authority for exercising all the parts of the ministeriall function, and for
discharging all the parts of the pastoral office to the people of God
committed to my care, after the form of Episcopall goverment, which,
when I entered upon the ministry, was then established by law, and
having ever since, under the protection of the civill goverment, continued
in the peaceable exercise of my ministry, without being subjected to any
Presbyterian Judicatorys, as being exempted from them by Acts of
Parliament mentioned in my former paper, therefore any sentence passed
against me can be of no force. And since I must give an account to
God how I discharge my ministry, I cannot, with a good conscience,
desert the same, nor desist from the discharge of the severall dutys of my
pastorall office, untill I be legally discharged by such as have competent
authority, or be violently thrust therefrom. And I hope that the
Presbytery will do me the justice to believe, that it is not humour but
conscience that makes me take these measures, since, I presume, none of
the members of Presbytery would desert their charges, or desist from the
discharge of their dutys, although they were required and commanded
so to do by any of a different communion from themselves, and who
have no competent authority or jurisdiction over them, which made me
hope in this case that the members of the said Presbytery would have
observed the golden rule of doing as they would be done by. And
untill it shall be made appear, by sufficient legall documents, that the
said Presbytery hath a competent power and authority to cognosce upon
the crimes lybelled against me, and that I am subjected to their juris-
diction, I do protest against any procedure of the said Presbytery in the
present process against me. And since any sentence passed by any
incompetent Judicatory is in itself invalid, I do protest that this sentence
passed against me by the said Presbytery is of no force nor effect, nor
prejudiciall to me, my ministry, and reputation, upon the grounds men-
tioned in this, and my former paper, to which I adhere in all points.
And since notwithstanding of the hail premisses, the said Presbytery
86 EXTRACTS FROM RECORDS
has proceeded to sentence against me, on such unwarrantable grounds,
therefore I do protest and appeal to any civill Judicatory competent for
redressing such injustice, especially to the righteous and impartiall
tribunal of Jesus Christ, who, without respect of persons or partys, will
judge all, and I crave that this my protestation and appeal may be
recorded in the Presbytery Books of the said Presbytery, that I may
have extracts hereof, and of the lybell, minutes, and hail proceedings of
the Presbytery, in this process, under the hand of the Clerk of the said
Presbytery, as often as I may have occasion for the same. Whereupon
all and sundry the premissis, I the said Mr. Andrew take instruments in
hands of Mr. John Gordon, minister of Glenbucket, Clerk to the said
Presbytery, and in the hands of Francis Moir, Notar Publick, upon this
22d of August 1716, befor these witnesses, William Mitchell in Balfour,
and Robert Gellan, son to Alexander Gellan in Bithnie, and Alexander
Ross, servitour to the minister at Alford, and Alexander Garioch of
Kinstair. Sic subscribitur, A. Levingstone. The said Mr. Levingstone
having protested and appealed, and taken instruments in the Clerk's
hands, as said in this paper.' To which paper the following answers are
made. The said Mr. Levingstone having spent about eighteen lines in
narrating and giving the history of the severall citations he had received
from, and his severall compearances befor the Presbytery, he proceeds to
tell that finding the Presbytery were resolved to pass sentence against
him, and that upon the account of some verbal pretended and alleadged
answers, which they read from their minutes in his audience, he did give
in the above papers, disowning these pretended and alleadged answers.
" To which it is answered that it was surprising to the Presbytery to
have Mr. Levingstone disown under his hand the judiciall confession
made by him June 2Oth, and recorded page 242, especially seeing the
said confession was read over to him immediatly he gave it in, and
likewise at his other following appearances, and owned by him as
genuine, as all the members distinctly remember. What should have
moved the Presbytery to have forged the said confession, or to have been
guilty of such a horrid wickedness as to have alleadged, and recorded in
their minutes such and such things to have been judicially confessed by
the said Mr. Levingstone, had he not actually done so, will be hard to
conceive, if it be considered that we were no ways straitened in adducing
witnesses for proving all contained in his said judiciall confession. But
OF PRESBYTERY OF ALFORD. 8/
if Mr. Levingstone, notwithstanding of his contending to have behaved
worthily in doctrine, life, and conversation, will say and gainsay, confess
and deny, we cannot help him, but must leave him to that righteous and
impartiall tribunal he appeals to.
" Master Levingstone, within a few lines, narrates his being duely, and
orderly invested with power to exercise all the parts of the ministerial
function, after the form of the Episcopall goverment, and his haveing
lived under the protection of the civill goverment, in the peaceable
exercise of his ministry, without being subjected to Presbyterian
Judicatorys, as being exempted from them by Acts of Parliament
mentioned in the former paper, and then subsumes that therefore no
sentence passed against him can be of force.
" To which it is replyed, that if Mr. Levingstone intend by his being
invested with power to exercise all parts of the holy ministry after the
form of Episcopall goverment, that therefore, and upon this account,
Presbyterian Judicatorys cannot process him, nor pass sentence against
him for heterodoxy, immorality, and the like, we contend the contrary,
and assert that we have many of the most pregnant parts among his own
brethren of the Episcopall perswasion, of the same sentiments with us,
which, if Mr. Levingstone would speak plainly his mind in denying what
he seems to insinuate, should be easily made to appear, from their
witnesses.
" And as to the other part, of his not being subjected by Acts of
Parliament to Presbyterian jurisdiction, we refer to the answers given to
his defences, for evincing the contrary.
" Whereupon all and sundry these answers, Mr. Thain reprotested
that no regard should be had to the above protestation and appeal, but
that the sentence already past was good, and valid, asked and took
instruments in the hands of the Clerk. To which reprotestation the
Presbytery adhered. The Presbytery appointed Mr. Copland to preach
at Keig August 26th, to intimate the sentence, and declare the Church
vacant, and report"
"Alford Kirk, September yth, 1716.
"After prayer &c.
" Mr. Copland reported that he went to Keig in order to preach, but,
being denyed access, had intimate the Presbytery's sentence of deposition
against Mr. Lcvingstone, and declared the said Kirk of Keig vacant."
r
88 EXTRACTS FROM RECORDS
The following are the occurrences in regard to Keig after Mr.
Livingstone's deposition, and the settlement of Mr. Midleton, Leochel,
as his successor.
"Alford Kirk, January 23rd, 1717.
" After prayer &c.
" Mr. Garioch reported that he had preached at Keig November i8th.
.... Mr. Patrick Gordon reported that he had preached at Keig.
The Clerk's excuse for not preaching there being heard was sustained."
"Alford Kirk, February 28th, 1717.
" After prayer &c.
" The Moderator's excuse for not preaching at Keig was sustained.
Mr. Midletone reported he did go to Keig, in order to preach, but came
away without doing it, because there came only one person to hear."
"Alford Kirk, Aprile 24th, 1717.
" After prayer &c.
" The Moderator, and Mr. John Gordon reported that they had been
with the Lord Forbes, and had discoursed his Lordship anent the planting
of Keig, who had desired them to signify to the Presbytery, that he
inclined the Presbytery would give a call to Mr. Clerihue, minister at
Culsalmond, to be minister at Keig, whom he hoped would be acceptable
to the most of that paroch, and that, it being the first favour he ever
demanded of the Presbytery.he hoped they would cheerfully grant the same.
Mr. Copland also reported that he had discoursed the Lairds of Terpersie,
Finzeach, and Tulloch, anent the calling of a minister to their vacant
paroch, and that they had desired him to represent to the Presbytery, they
were willing the Presbytery should call, either Mr. Arthur Forbes, minister
at Oyn, Mr. James Shand, minister at Kemnay, or Mr. George Midleton,
minister at Lochell, to be their fixed pastor, but that they were altogether
averse to Mr. Clerihue. The Presbytery having considered the brethren's
report, and finding that their granting my Lord Forbes desire, in selling
Mr. Clerihue at Keig, would meet with opposition, as appeared from the
OF PRESBYTERY OF ALFORD. 89
above gentlemen Heritors, their having declared their reluctancy against
Mr. Clerihue's being settled among them, did agree that a letter should
be written to the said Lord Forbes, who is now in London, signifying
that they would have complyed with his Lordship's desire, and that they
are much inclined to go into his proposal!, but that there were such
difficulties in their way, as they did not know how to get over, unless his
Lordship fell upon measures to remove them, and, in the meantime,
determined to delay any further step toward the setlement of Keig, till
such time as ane answer may be reasonably expected to the said letter,
which the Moderator undertook to send off."
"Alford Kirk, May 3d, 1717.
"After prayers &c.
"The Moderator (Mr. Alexander Leask) having given the reasons
why the letter to the Lord Forbes, relative to the setlement of Keig,
was not yet sent off, they were sustained, and the appointment renewed,
and further consideration of this affair delayed to the next meeting."
n
'! m . r
"Kirk of Clate, May I4th, 1717.
" After prayer &c.
" The Presbytery entering upon the setling of the vacant paroch of
Keig, and having called for a report from their Moderator, anent his
writing and sending the letter appointed to the Lord Forbes, relative to
the planting of the said paroch, he signified it was not done, and gave in
his reasons, which were sustained. In the meanwhile Mr. Arthur Forbes
of Breda, and ouncle to the said noble Lord, being present, and desiring
to speak, represented that he had discoursed my Lady Dowager of
Forbes upon that subject, and that she had told him that the Presbytery
needed make no delay in planting Keig, by writing unto, and waiting for
ane answer from the Lord Forbes, her son, from London, thereanent, in
regard she understood that he would be satisfied with the Presbyterie's
calling Mr. George Midleton, presently minister at Leochell, to be minister
at Keig. The Presbytery having considered the above representation,
made by the Laird of Breda, together with the report given in by
Mr. Copland, Aprile 24th, bearing that the Lairds of Terpersie, Finzeach,
N
00 EXTRACTS FROM RECORDS
and Tulloch, had signified their inclinations to have the said Mr. Midleton
called to be minister at Keig, did, by their unanimous vote, call the said
Mr. George Midletone to be setled pastor at Keig, and agreed that the
call should be drawn up, and extended this night, in order to be subscribed
and delivered to him to-morrow at Cabrach, and appointed Mr. Patrick
Gordon, Minister at Cushney, to preach at Leochell the next Lord's day,
and there to intimate the call, and leave a just double of the following
reasons thereof in the elders hands, and to cite and warn the parish of
Leochell to compear befor the Presbytery to sitt at Alford the 5th of
June, and there to give in their answers to the said reasons of call, if
they incline.
" Reasons of Call for transporting Mr. George Midleton from Leochell
to be Minister at Keig :
" I. The paroch of Keig has for many years been under the influence
of ane Episcopall minister, one disaffected to the present happy estab-
lishment both in Church and State, and therefore hath need to be
provided with ane able and faithfull gospell minister to labour amongst
them, to instruct the same in sound principles, and to manage it to the
advantage of the Church in this corner.
" II. There being ground to believe that the late deposed incumbent
is to reside in that paroch, and that he will endeavour to keep up the
disaffection among the people to goverment ecclesiastick and civill, there
is need of ane of Mr. Midletons prudence, literature, and experience to
labour amongst that congregation.
"III. The most of the heritors of Keig have signified their willingness
to have Mr. Midleton setled as their minister, and, if this should be denied
to them, there is ground to fear they will not so readily unite in their
inclinations for another.
" IV. There is in the paroch one of the dwelling houses of a noble
family, and much frequented by people of the best note and quality,
which renders it necessary that a person of Mr. Midleton's parts and
conduct be planted there.
"V. There is one Popish gentleman the head of a family in that
paroch, to whom priests and Romish Missionaries do come, who no
doubt will be practising upon the people in his neighbourhood, and
endeavouring to pervert them, which makes it needful that Mr. Midleton
be planted there, for preventing the same."
OF PRESBYTERY OF ALFORD. 89
above gentlemen Heritors, their having declared their reluctancy against
Mr. Clerihue's being settled among them, did agree that a letter should
be written to the said Lord Forbes, who is now in London, signifying
that they would have complyed with his Lordship's desire, and that they
arc much inclined to go into his proposall, but that there were such
difficulties in their way, as they did not know how to get over, unless his
Lordship fell upon measures to remove them, and, in the meantime,
determined to delay any further step toward the setlement of Keig, till
such time as ane answer may be reasonably expected to the said letter,
which the Moderator undertook to send off."
"Alford Kirk, May 3d, 1717.
" After prayers &c.
"The Moderator (Mr. Alexander Leask) having given the reasons
why the letter to the Lord Forbes, relative to the setlement of Keig,
was not yet sent off, they were sustained, and the appointment renewed,
and further consideration of this affair delayed to the next meeting."
"Kirk of Clate, May I4th, 1717.
" After prayer &c.
"The Presbytery entering upon the selling of the vacant paroch of
Keig, and having called for a report from their Moderator, anent his
writing and sending the letter appointed to the Lord Forbes, relative to
the planting of the said paroch, he signified it was not done, and gave in
his reasons, which were sustained. In the meanwhile Mr. Arthur Forbes
of Breda, and ouncle to the said noble Lord, being present, and desiring
to speak, represented that he had discoursed my Lady Dowager of
Forbes upon that subject, and that she had told him that the Presbytery
needed make no delay in planting Keig, by writing unto, and waiting for
ane answer from the Lord Forbes, her son, from London, thereanent, in
regard she understood that he would be satisfied with the Presbyterie's
calling Mr. George Midleton, presently minister at Leochell, to be minister
at Keig. The Presbytery having considered the above representation,
made by the Laird of Breda, together with the report given in by
Mr. Copland, Aprile 24th, bearing that the Lairds of Terpersie, Finzeach,
N
go EXTRACTS FROM RECORDS
and Tulloch, had signified their inclinations to have the said Mr. Midleton
called to be minister at Keig, did, by their unanimous vote, call the said
Mr. George Midletone to be setled pastor at Keig, and agreed that the
call should be drawn up, and extended this night, in order to be subscribed
and delivered to him to-morrow at Cabrach, and appointed Mr. Patrick
Gordon, Minister at Cushney, to preach at Leochell the next Lord's day,
and there to intimate the call, and leave a just double of the following
reasons thereof in the elders hands, and to cite and warn the parish of
Leochell to compear befor the Presbytery to sitt at Alford the 5th of
June, and there to give in their answers to the said reasons of call, if
they incline.
" Reasons of Call for transporting Mr. George Midleton from Leochell
to be Minister at Keig :
" I. The paroch of Keig has for many years been under the influence
of ane Episcopall minister, one disaffected to the present happy estab-
lishment both in Church and State, and therefore hath need to be
provided with ane able and faithfull gospell minister to labour amongst
them, to instruct the same in sound principles, and to manage it to the
advantage of the Church in this corner.
"II. There being ground to believe that the late deposed incumbent
is to reside in that paroch, and that he will endeavour to keep up the
disaffection among the people to goverment ecclesiastick and civill, there
is need of ane of Mr. Midletons prudence, literature, and experience to
labour amongst that congregation.
"III. The most of the heritors of Keig have signified their willingness
to have Mr. Midleton setled as their minister, and, if this should be denied
to them, there is ground to fear they will not so readily unite in their
inclinations for another.
" IV. There is in the paroch pne of the dwelling houses of a noble
family, and much frequented by people of the best note and quality,
which renders it necessary that a person of Mr. Midleton's parts and
conduct be planted there.
"V. There is one Popish gentleman the head of a family in that
paroch, to whom priests and Romish Missionaries do come, who no
doubt will be practising upon the people in his neighbourhood, and
endeavouring to pervert them, which makes it needful that Mr. Midleton
be planted there, for preventing the same."
OF PRESBYTERY OF ALFORD. 91
"Kirk of Cabrach, May iSth, 1717.
" After prayer &c.
" The Presbyteriall call to Mr. George Midleton being now extended,
and in readiness, it was subscribed by the members, and delivered to have
under his consideration till next meeting."
"Alford Kirk, June 5th, 1717.
"After prayer &c.
"The Presbytery entering upon the transportation of Mr. Midleton
from Leochell to Keig, and finding that Mr. Patrick Gordon had, conform
to appointment, preached at Leochell, and there intimated the call to
Mr. Midleton, left a double of the reasons, and warned the paroch to
give in their answers thereto this day, if any they have. The said
paroch was called, but none of them compearing, except Mr. George
Thomsone, Schoolmaster there, who produced a letter from Master
Hugh Forbes, younger of Craigivar, bearing that though Mr. Midleton
was acceptable to him, and to that paroch, yet he referred the matter to
the Presbytery to do therein as they should judge most for the good of
the Church. Then the call being lodged in the Presbytery's hands by
Mr. Midleton, it was read, together with the reasons, and Mr. Midleton
was heard thereupon, and, after prayer for direction, he being removed,
the Presbytery upon their considering the whole affair finding Primo,
that the paroch of Keig had been under the influence of ane Episcopall
incumbent disaffected both to Church and State since the Restoration,
and so had need of one to instill sound principles into them. Secundo,
that according to Breda, and Mr. Copland's representation, there are four
of the six heritors for him, in that paroch, and these the most considerable,
that one of the two who have not signified their inclinations is Popish.
Tertto, That the paroch of Leochell have shewn but small inclination
towards keeping of their minister. Quarto, That the Synod had recom-
mended the planting of these kirks, out of which Episcopall incumbents
had been ejected, and that quam primum, they stated the vote, ' Transport
Mr. George Midleton from the paroch of Leochell to that of Keig, or
Not,' and the rolls being called, and votes marked, it carried, 'Transport,'
92 EXTRACTS FROM RECORDS
and therefor the Presbytery did, and hereby do transport the said
Mr. George Midleton from Leochell to Keig, but withall declared that
his relation to Leochell continues till his admission be expede, for
dispatching of which, they appointed Mr. Gordon to preach at Keig
the ninth of this current, being a Lord's day, and there, after sermon,
and befor pronouncing of the blessing, to read ane edict to that congre-
gation, warning them, that, if they have any objection against Mr.
Midleton's being admitted minister of Keig, they may compear befor
the Presbytery, at the kirk of Keig, the 27th current, and finally
appointed Mr. William Garioch to preach the admission sermon the said
27th of this current. Which Mr. Midleton, being called, had intimate to
him, and the call delivered him."
"Kirk of Keig, June 27th, 1717.
"After prayer &c.
"The Presbytery being mett for the admission of Mr. George
Midleton to be minister at Keig, called for the edict, which being given
in, duely executed and endorsed, was called at the most patent Church
door. Upon which compeared Andrew Levingston, Merchant in Aberdeen,
son of the late deposed incumbent, and, as Procurator for the most of the
heritors and heads of families, gave in some objections, compeared also
Mr. Levingston, late incumbent at Keig, and gave in some objections.
The Presbytery finding what had been advanced both by father and son
was weak, groundless, and malicious, proceeded to their work. And after
sermon by Mr. William Garioch on Revelation, 2 nd chapter, I st verse, and
the satisfactory answers given by Mr. Midleton to the usual questions, he
was, by prayer, set apart for the work of the ministrie in that Congrega-
tion. The action was ended by prayer, and pronouncing of the blessing."
OF PRESBYTERY OF ALFORD. 9!
"Kirk of Cabrach, May I5th, 1717.
,
'!<!
"After prayer &c.
" The Presbyteriall call to Mr. George Midleton being now extended,
and in readiness, it was subscribed by the members, and delivered to have
under his consideration till next meeting."
"Alford Kirk, June 5th, 1717.
"After prayer &c.
" The Presbytery entering upon the transportation of Mr. Midleton
from Leochell to Keig, and finding that Mr. Patrick Gordon had, conform
to appointment, preached at Leochell, and there intimated the call to
Mr. Midleton, left a double of the reasons, and warned the paroch to
give in their answers thereto this day, if any they have. The said
paroch was called, but none of them compearing, except Mr. George
Thomsone, Schoolmaster there, who produced a letter from Master
Hugh Forbes, younger of Craigivar, bearing that though Mr. Midleton
was acceptable to him, and to that paroch, yet he referred the matter to
the Presbytery to do therein as they should judge most for the good of
the Church. Then the call being lodged in the Presbytery's hands by
Mr. Midleton, it was read, together with the reasons, and Mr. Midleton
was heard thereupon, and, after prayer for direction, he being removed,
the Presbytery upon their considering the whole affair finding Primo,
that the paroch of Keig had been under the influence of ane Episcopall
incumbent disaffected both to Church and State since the Restoration,
and so had need of one to instill sound principles into them. Secundo,
that according to Breda, and Mr. Copland's representation, there are four
of the six heritors for him, in that paroch, and these the most considerable,
that one of the two who have not signified their inclinations is Popish.
Tertio, That the paroch of Leochell have shewn but small inclination
towards keeping of their minister. Qrtarto, That the Synod had recom-
mended the planting of these kirks, out of which Episcopall incumbents
had been ejected, and that quam primum, they stated the vote, ' Transport
Mr. George Midleton from the paroch of Leochell to that of Keig, or
Not,' and the rolls being called, and votes marked, it carried, ' Transport,'
92 EXTRACTS FROM RECORDS
and therefor the Presbytery did, and hereby do transport the said
Mr. George Midleton from Leochell to Keig, but withall declared that
his relation to Leochell continues till his admission be expede, for
dispatching of which, they appointed Mr. Gordon to preach at Keig
the ninth of this current, being a Lord's day, and there, after sermon,
and befor pronouncing of the blessing, to read ane edict to that congre-
gation, warning them, that, if they have any objection against Mr.
Midleton's being admitted minister of Keig, they may compear befor
the Presbytery, at the kirk of Keig, the 27th current, and finally
appointed Mr. William Garioch to preach the admission sermon the said
2/th of this current. Which Mr. Midleton, being called, had intimate to
him, and the call delivered him."
"Kirk of Keig, June 27th, 1717.
" After prayer &c.
"The Presbytery being mett for the admission of Mr. George
Midleton to be minister at Keig, called for the edict, which being given
in, duely executed and endorsed, was called at the most patent Church
door. Upon which compeared Andrew Levingston, Merchant in Aberdeen,
son of the late deposed incumbent, and, as Procurator for the most of the
heritors and heads of families, gave in some objections, compeared also
Mr. Levingston, late incumbent at Keig, and gave in some objections.
The Presbytery finding what had been advanced both by father and son
was weak, groundless, and malicious, proceeded to their work. And after
sermon by Mr. William Garioch on Revelation, 2 nd chapter, I st verse, and
the satisfactory answers given by Mr. Midleton to the usual questions, he
was, by prayer, set apart for the work of the ministrie in that Congrega-
tion. The action was ended by prayer, and pronouncing of the blessing."
OF PRESBYTERY OF ALFORD. 93
Mr. JEFFREY, Alford.
"Alford Kirk, June 2Oth, 1716.
" The Presbytery resolving to begin process against some of the other
Episcopall Incumbents in their bounds, did agree to give Mr. Andrew
Jeffrey, Minister at Alford, a copy of the following lybell, viz. : The
Presbytery of Alford takeing into consideration, that Mr. Andrew
Jeffrey, having been incumbent at Alford at the happy Revolution, did
pretend to have taken the oaths to the civill goverment, and subscribed
the Assurance, did continue to exercise the office of the holy ministry
there, under the protection of law, yet nevertheless it is alleaged that the
said Mr. Jeffrey hath engaged himself in the late unnatural), and most
unjust rebellion, against our gracious, and most rightfull, and lawfull
Sovereign King George, in order to dethrone his Majestic, and overturn,
and destroy the Protestant Succession in his royall family, and to install
a Popish Pretender on the throne of these realms, to the utter subversion
of the true Protestant religion, with our laws, and liberties, and did upon
the 2d of February, last, or ane or other of the days of the moneths of
September, October, November, December, January, or the foresaid
February last, publickly in the foresaid Church, pray for the Popish
Pretender, under the name and title of King James the Eight, or in such
terms as his hearers had ground to believe he was the person meant, or
for success to the rebells wicked designs ; kept a fast on one or other of
the days of the foresaid moneths, in order to implore the divine assistance
to the said Pretender's undertakings, and also a day of thanksgiving, on
the 2d of February last, for his safe arrivall in Scotland, and subscribed
ane address to him owning him as Sovereign of these realms, read, or
suffered to be read from the pulpit of the said Church diverse proclama-
tions or orders emitted by the Pretender's authority, for paying cess, or
contributions to him, and levying men for his service ; casting off all
regard to our only rightfull and lawfull Sovereign, King George, and
neglecting to pray for his majestic, although required thereto by authority,
both civill and ecclesiastick, and neglected and refused to read the late
proclamation emitted by his Majestic King George his authority, for a
thanksgiving for the success of his arms in suppressing the late rebellion.
94 EXTRACTS FROM RECORDS
By all which the said Mr. Jeffrey has deserted the Protestant cause, and
espoused the interest of a Popish Pretender, contrary to his duty, and the
obligations he is under, and is guilty of a very atrocious scandall, and is
a person of unsound principles, is guilty art and part of that most wicked
design and contrivance, that has been formed and carrying on for
extirpating the Protestant religion, and destroying its professors, and to
overturn the Protestant happy establishment in this land, and instead
thereof to introduce and settle Popery, and arbitrary power among us.
The double of this lybell, with a list of the witnesses to be adduced for
proving the articles therein, was given to the officer, and he appointed to
deliver them to the said Mr. Jeffrey, and to summond him to compear
befor the Presbytery, July 2Oth, at this place, together with the witnesses
contained in the foresaid list, who, in order thereto, was to get the severall
summondses, both against party and witnesses, from the minister of
Cushney, hereby ordered to have them seasonably in readiness."
"Alford Kirk, July 20th, 1716.
' The Presbytery entering upon Mr. Jeffrey's process, the officer gave
in ane execution, bearing that he had summoned the said Mr. Jeffrey, and
the witnesses for proving the articles in his lybell, and that he had
delivered to him the said lybell, with the list of the witnesses' names,
which being read and sustained, both the said Mr. Jeffrey and witnesses
were called, but none of them compearing, the officer was appointed to
summond him, and the said witnesses to compear August ist, at this place."
"Alford Kirk, August ist, 1716.
"The officer gave in an execution bearing that he had susnmonded
Mr. Jeffrey, which being read and sustained, he was called and compeared,
owned that he was cited by the officer to compear this day, and having
the lybell read over to him, acknowledged that the officer had given him
an exact double thereof, and thereafter gave in a paper entituled, Defences
Mr. Jeffray, the tenor whereof follows, I Mr. Andrew Jeffray, Minister at
Alford, being conveened before the Reverend Presbytery of Alford, to
answer to a criminall lybell, wherein it is alledged that I did engage
OF PRESBYTERY OF ALFORD. 93
i
Mr. JEFFREY, Alford.
"Alford Kirk, June 20th, 1716.
" The Presbytery resolving to begin process against some of the other
Episcopall Incumbents in their bounds, did agree to give Mr. Andrew
Jeffrey, Minister at Alford, a copy of the following lybell, viz. : The
Presbytery of Alford takeing into consideration, that Mr. Andrew
Jeffrey, having been incumbent at Alford at the happy Revolution, did
pretend to have taken the oaths to the civill goverment, and subscribed
the Assurance, did continue to exercise the office of the holy ministry
there, under the protection of law, yet nevertheless it is alleaged that the
said Mr. Jeffrey hath engaged himself in the late unnaturall, and most
unjust rebellion, against our gracious, and most rightfull, and lawfull
Sovereign King George, in order to dethrone his Majestic, and overturn,
and destroy the Protestant Succession in his royall family, and to install
a Popish Pretender on the throne of these realms, to the utter subversion
of the true Protestant religion, with our laws, and liberties, and did upon
the 2d of February, last, or ane or other of the days of the moneths of
September, October, November, December, January, or the foresaid
February last, publickly in the foresaid Church, pray for the Popish
Pretender, under the name and title of King James the Eight, or in such
terms as his hearers had ground to believe he was the person meant, or
for success to the rebells wicked designs ; kept a fast on one or other of
the days of the foresaid moneths, in order to implore the divine assistance
to the said Pretender's undertakings, and also a day of thanksgiving, on
the 2d of February last, for his safe arrivall in Scotland, and subscribed
ane address to him owning him as Sovereign of these realms, read, or
suffered to be read from the pulpit of the said Church diverse proclama-
tions or orders emitted by the Pretender's authority, for paying cess, or
contributions to him, and levying men for his service ; casting off all
regard to our only rightfull and lawfull Sovereign, King George, and
neglecting to pray for his majestic, although required thereto by authority,
both civill and ecclesiastick, and neglected and refused to read the late
proclamation emitted by his Majestic King George his authority, for a
thanksgiving for the success of his arms in suppressing the late rebellion.
94 EXTRACTS FROM RECORDS
By all which the said Mr. Jeffrey has deserted the Protestant cause, and
espoused the interest of a Popish Pretender, contrary to his duty, and the
obligations he is under, and is guilty of a very atrocious scandall, and is
a person of unsound principles, is guilty art and part of that most wicked
design and contrivance, that has been formed and carrying on for
extirpating the Protestant religion, and destroying its professors, and to
overturn the Protestant happy establishment in this land, and instead
thereof to introduce and settle Popery, and arbitrary power among us.
The double of this lybell, with a list of the witnesses to be adduced for
proving the articles therein, was given to the officer, and he appointed to
deliver them to the said Mr. Jeffrey, and to summond him to compear
befor the Presbytery, July 2Oth, at this place, together with the witnesses
contained in the foresaid list, who, in order thereto, was to get the severall
summondses, both against party and witnesses, from the minister of
Cushney, hereby ordered to have them seasonably in readiness."
"Alford Kirk, July soth, 1716.
' The Presbytery entering upon Mr. Jeffrey's process, the officer gave
in ane execution, bearing that he had summoned the said Mr. Jeffrey, and
the witnesses for proving the articles in his lybell, and that he had
delivered to him the said lybell, with the list of the witnesses' names,
which being read and sustained, both the said Mr. Jeffrey and witnesses
were called, but none of them compearing, the officer was appointed to
summond him, and the said witnesses to compear August ist, at this place."
"Alford Kirk, August ist, 1716.
"The officer gave in an execution bearing that he had summonded
Mr. Jeffrey, which being read and sustained, he was called and compeared,
owned that he was cited by the officer to compear this day, and having
the lybell read over to him, acknowledged that the officer had given him
an exact double thereof, and thereafter gave in a paper entituled, Defences
Mr. Jeffray, the tenor whereof follows, I Mr. Andrew Jeffray, Minister at
Alford, being conveened before the Reverend Presbytery of Alford, to
answer to a-criminall lybell, wherein it is alledged that I did engage
OF PRESBYTERY OF ALFORD. 95
myself in the late rebellion, in order to dethrone his Majestic King
George, destroy the Protestant succession, and to install a Popish
Pretender, and thereby to subvert the Protestant religion, with our laws
and liberties, And this the lybell would evince by Primo, praying publickly
in the said Church of Alford for the Popish Pretender ; under the name
and title of King James the Eight, or at least in such terms as my hearers
had ground to believe he was the person meaned, or my praying for
success to the rebells designs. Secundo, reading, or suffering to be read
from the pulpit, diverse proclamations or orders emitted by the Pretender's
authoritie, and observing fasts and thanksgivings on his behalf. Tertio,
by subscribing an address, or being art and part in presenting one owning
the said Pretender, as Sovereign of these realms. Quarto, by neglecting
to pray for his Majestic King George, and Quinto, neglecting or refusing
to read the late proclamation, by his Majestic King George, for a thanks-
giving for the success of his Majestie's arms in suppressing the late
rebellion, although I had sermon, and my people conveened that day.
By which facts, the lybell subsumes that I have deserted the
Protestant cause, espoused the interest of a Popish Pretender, giving
ground to believe that I am a person of unsound principles, and guilty
of an atrocious scandall, in being art and part of carrying on a wicked
design of extirpating the Protestant religion. The aforesaid lybell as it
is thus laid down, being of a very heinous nature, treasonable practises,
or at least some species of treason being lybelled, and the punishment
due thereby being of the greatest consequences, I beg leave to advance .
such defences as seem to me competent in law. But befor I enter upon
my defences, I would have the Reverend Presbytery to take notice that
it is not only to vindicate myself, and ministeriall conduct from the
imputations of the lybell, but also to testify all due deference to the
Presbytery, so far as is consistent with the known principles, and legall
priviledges of an Episcopall minister duely qualifyed according to law,
and under the protection thereof, that I do here compear at this time,
and because I am altogether inexperienced in the usuall forms, and other
things competent in law, that might be necessary for my defence, this
being the first time that ever I was lybelled, or cited to compear befor
any Judicatory as a delinquent, I must therefore, in the first place, crave
that no advantage be taken against me, if any unguarded, or inconsiderate
expressions shall be used in any defences I am now to advance, being
96 EXTRACTS FROM RECORDS
willing to qualify or retract the same, how soon it shall be made appear
that the same is illegall or improper befor this Court, with this declaration,
and under protestation of my design to act, as I have always done legally,
and of my willingness to qualify and retract as just now said, I offer the
following defences. And that nothing may be wanting in my power,
either to defend myself, character, and reputation, which all will acknow-
ledge to be indispensibly incumbent on me, when thus called for to satisfy
the Reverend Presbytery in these things, anent which they seem to be
stumbled, and for which they have now lybelled me, I shall first offer
such defences, as, in the judgement of lawyers, seem competent against
the Presbytery's jurisdiction in the present cause, and secondly give
particular defences and answers to the severall articles lybelled.
" First therefore, although this Presbytery be a court legally established
to cognosce upon and judge in ordinary scandals among these under
their own inspection, and though I do not, at this time, formally and
simpliciter decline, yet I do plead and contend that the Reverend
Presbytery is not competent to judge in this lybell, because,
" I. Episcopall ministers, duely qualifyed in law, are exempted from
the jurisdiction of the Presbyterian Church by Acts of Parliament.
Wherefore I beg leave to mind the Reverend Presbytery that, by Act of
Parliament of Scotland anno 1693, ministers of the gospell of the
Episcopall perswasion, who were then possessed of benefices, were
exempted from the Presbyterian jurisdiction, except in the particular
cases mentioned in the said Act viz. Immorality, Ignorance, Insufficiency,
and Supine Negligence, none of which, I hope, will be laid to my charge,
nor is the lybell founded on any of the excepted cases, and by the Act
of Parliament, anno 1695, it > s provided and declared, that whoever
should come in and qualify to the Goverment by the time limited in the
said Act, and should behave themselves worthily in doctrine and conversa-
tion, as becomes ministers of the gospell, should have and enjoy his
Majestie's protection, as to their respective kirks, benefices, and stipends,
they always containing themselves within the limits of their own pastorall
charges, within their own paroches, without offering to exercise any
power of licensing and ordaining ministers, or any part of goverment in
Churches, Presbyteries, Synods, or Assemblies, and seeing, in the terms
of the last Act, I did qualify to the Goverment, as a certificate, under the
hands of the Earl of Kintore, and the laird of Leyes, then Councellors,
OF PRESBYTERY OF ALFORD. 95
myself in the late rebellion, in order to dethrone his Majestic King
George, destroy the Protestant succession, and to install a Popish
Pretender, and thereby to subvert the Protestant religion, with our laws
and liberties, And this the lybell would evince by Primo, praying publickly
in the said Church of Alford for the Popish Pretender ; under the name
and title of King James the Eight, or at least in such terms as my hearers
had ground to believe he was the person meaned, or my praying for
success to the rebells designs. Secundo, reading, or suffering to be read
from the pulpit, diverse proclamations or orders emitted by the Pretender's
authoritie, and observing fasts and thanksgivings on his behalf. Tertio,
by subscribing an address, or being art and part in presenting one owning
the said Pretender, as Sovereign of these realms. Quarto, by neglecting
to pray for his Majestic King George, and Quinto, neglecting or refusing
to read the late proclamation, by his Majestic King George, for a thanks-
giving for the success of his Majestie's arms in suppressing the late
rebellion, although I had sermon, and my people conveened that day.
By which facts, the lybell subsumes that I have deserted the
Protestant cause, espoused the interest of a Popish Pretender, giving
ground to believe that I am a person of unsound principles, and guilty
of an atrocious scandall, in being art and part of carrying on a wicked
design of extirpating the Protestant religion. The aforesaid lybell as it
is thus laid down, being of a very heinous nature, treasonable practises,
or at least some species of treason being lybelled, and the punishment
due thereby being of the greatest consequences, I beg leave to advance
such defences as seem to me competent in law. But befor I enter upon
my defences, I would have the Reverend Presbytery to take notice that
it is not only to vindicate myself, and ministeriall conduct from the
imputations of the lybell, but also to testify all due deference to the
Presbytery, so far as is consistent with the known principles, and legall
priviledges of an Episcopall minister duely qualifyed according to law,
and under the protection thereof, that I do here compear at this time,
and because I am altogether inexperienced in the usuall forms, and other
things competent in law, that might be necessary for my defence, this
being the first time that ever I was lybelled, or cited to compear befor
any Judicatory as a delinquent, I must therefore, in the first place, crave
that no advantage be taken against me, if any unguarded, or inconsiderate
expressions shall be used in any defences I am now to advance, being
96 EXTRACTS FROM RECORDS
willing to qualify or retract the same, how soon it shall be made appear
that the same is illegall or improper befor this Court, with this declaration,
and under protestation of my design to act, as I have always done legally,
and of my willingness to qualify and retract as just now said, I offer the
following defences. And that nothing may be wanting in my power,
either to defend myself, character, and reputation, which all will acknow-
ledge to be indispensibly incumbent on me, when thus called for to satisfy
the Reverend Presbytery in these things, anent which they seem to be
stumbled, and for which they have now lybelled me, I shall first offer
such defences, as, in the judgement of lawyers, seem competent against
the Presbytery's jurisdiction in the present cause, and secondly give
particular defences and answers to the severall articles lybelled.
" First therefore, although this Presbytery be a court legally established
to cognosce upon and judge in ordinary scandals among these under
their own inspection, and though I do not, at this time, formally and
simpliciter decline, yet I do plead and contend that the Reverend
Presbytery is not competent to judge in this lybell, because,
" I, Episcopall ministers, duely qualifyed in law, are exempted from
the jurisdiction of the Presbyterian Church by Acts of Parliament.
Wherefore I beg leave to mind the Reverend Presbytery that, by Act of
Parliament of Scotland anno 1693, ministers of the gospell of the
Episcopall perswasion, who were then possessed of benefices, were
exempted from the Presbyterian jurisdiction, except in the particular
cases mentioned in the said Act viz. Immorality, Ignorance, Insufficiency,
and Supine Negligence, none of which, I hope, will be laid to my charge,
nor is the lybell founded on any of the excepted cases, and by the Act
of Parliament, anno 1695, it is provided and declared, that whoever
should come in and qualify to the Goverment by the time limited in the
said Act, and should behave themselves worthily in doctrine and conversa-
tion, as becomes ministers of the gospell, should have and enjoy his
Majestie's protection, as to their respective kirks, benefices, and stipends,
they always containing themselves within the limits of their own pastorall
charges, within their own paroches, without offering to exercise any
power of licensing and ordaining ministers, or any part of government in
Churches, Presbyteries, Synods, or Assemblies, and seeing, in the terms
of the last Act, I did qualify to the Goverment, as a certificate, under the
hands of the Earl of Kintore, and the laird of Leyes, then Councellors,
OF PRESBYTERY OF ALFORD. 97
before whom I qualifyed, will testify, and have, I hope, behaved worthily
in doctrine, life, and conversation, as becomes ministers of the gospell, I
do contend that I have a good title to my church, and benefice, and to
the protection of the Civill Goverment, and this law being posterior to
the Act 1693 must derogate from it, even as to the excepted cases, and
exempts Episcopall ministers entirely from all subjection to Presbyterian
jurisdiction, though, in the meantime, I am willing to undergo the severest
tryall for life, doctrine, or any part of the ministeriall function.
" Secundo, Although Episcopall ministers were no more eximed than
others, yet the whole articles of this lybell being purely civill, I contend
they are not cognoscible in any Ecclesiastick Judicatory, for if any such
offences be comprehended within the statutes which do determine the
extent of treason, or misprision of treason, then should the offender be
tryed by a jury, before a Court of Oyer and Terminer, specially appointed
by the king for that effect ; as is plain by an Act passed in the Parliament
of Great Britain anno Annae Reginae
entituled, Act which Act does not
only establish the manner of tryall, but likewise declares that the same
laws, with respect to treason, shall have place in Scotland as in England,
after the time limited by the said Act, and how far the articles lybelled,
if prbven might fall under the statutes of treason, 1 presume unknown to
the Presbytery, as well as to me. Hence it evidently follows that the
carrying on a process of so dangerous a nature, befor a Judicatory,
neither competent, nor perhaps skilled in the law forms necessary in such
process, where the defender cannot have the benefit of lawyers, might
perhaps involve me in guilt, though never so innocent, and no age can
produce an instance of Church Judicatures their meddling in matters
purely civill, but have left that to the civill magistrate, whose province it
is. I must likewise observe, that, as the law is designed for the punishment
of the guilty, so also for the protection of the innocent, I hope therefore
that ministers of the gospell, whose chief concern it is to obey and
propagate the laws of God, with a due regard to the laws of man, will
not so far deviate from the common road in crimes of this nature, as to
interfier with the civill magistrate, and invade any man's just rights
beyond the common course of justice. And as to the 6th article of the
lybell, concerning my not praying for King George, denying the same I
contend that this also is purely civill, and cannot fall under the cognisance
o
98 EXTRACTS FROM RECORDS
of the Presbytery, for by the Act of Toleration, requiring as well the
ministers of the Established Church, as those of the Episcopall com-
munion, to pray in express words, for her Majestic Queen Anne, while
living, and all the royall family, it is appointed that every such minister
or preacher neglecting to pray as aforesaid shall, for the first offence,
forfeit a sum of twenty pounds sterling, to be recovered and distributed,
as touching the other penalties of the Act, and the prosecution is appointed
to be befor the Court of Justiciary, or other civill magistrates competent,
and therefore it is obvious that the Presbytery cannot judge thereof.
But quoad the alleadged scandall, which the Presbytery seems to have
most in view, I humbly conceive that no scandall can arise from facts not
proven, and for the Presbytery to adduce evidence for proving of crimes
which chiefly fall under the cognisance of the civill magistrate, in order
to make up a scandall, would be to introduce a new form of procedure,
without any warrand, and found a jurisdiction where they have none,
since the crimes must be proven as the foundation of the scandall, and I
hope the Presbytery will not sustain themselves judges, nor are they
indeed capable of taking the oaths of witnesses in matters of Treason,
so I contend that I can never be censured for the scandall of an alleadged
crime, which is not proven in a Judicatory competent, which the Presbytery
cannot be for the reasons above mentioned. These defences of incom-
petency against the Presbytery's jurisdiction I insist upon, and that my
compearance, or not declining simpliciter the authoritie of this Court,
may not be interpreted as a passing from these defences, I protest I may
have the benefit of the good laws of the land in my favour, for eximing
me from the Presbytery's jurisdiction, equally with others.
" Secundo, As to the other generall head viz. particular answers to the
severall articles of the lybell, besides what is said above on the head of
incompetent jurisdiction, I do (always insisting on my former defences,
and under the former declaration, and protestation) proceed directly to
the articles lybelled ; and primo, as I own I am an Episcopall minister,
have taken the oaths required by law, and exercised the holy ministry
under the protection of law, so I hope it will be found, I have not acted
contrary to these oaths, or done anything to forfeit the protection of his
Majestic King George, although under considerable temptation so to have
done, as the Reverend Presbytery cannot but know, and therefore do
declare that I am sensibly affected, that I should be concluded by the
OF PRESBYTERY OF ALF'ORD. 99
lybell, as one that hath deserted the Protestant cause, and have been art
and part in carrying on the wicked design of extirpating the Protestant
religion, and as this appears to be only what is cognoscible by the
Presbytery (the articles lybelled being purely civill as I have said) so
should I most heartily submit to the Presbytery's sentence, if I had been
guilty of so great wickedness. But, to my own satisfaction, I do profess
and declare that I never entertained a thought so wicked, nor a design so
execrable, and I hope, by the grace of God, never to be guilty of it. It
is indeed matter of great concern to me, that the Presbytery should lay
so severe a scandall to my charge, for I presume it is sufficiently known
I am a man of sound and orthodox principles, and that my life and
conversation hath been suitable thereto. But this detestable conclusion
being founded on the preceeding articles, I proceed a little further to
offer some brief particular answers to them. Denying them all as
lybelled, I contend that, as I am not conscious in myself that ever I
prayed for the Pretender, under the name of King James the Eight, nor
in such terms as my hearers could not but know he was the person
meaned, or for success to the rebells their designs, nor that I had any
hand in presenting or subscribing an address to him, nor that I observed
fasts and thanksgivings on his behalf, or read proclamations emitted by
his order, so I hope, yea am confident, that these practises never shall be
proved against me. But as to my suffering such proclamations to be
read, I presume the Presbytery knows it was neither in their power nor
mine to hinder this, especially when any of the heritors were ingaged in
the Rebellion, but, since I did not command nor consent to the said
reading, I plead, Not guilty. As to my preaching on any day of the
week, I never thought it was unlawfull, as I hope the Presbytery does
not, since I am sure I never preached sedition, nor encouraged rebellion
by my doctrine, but, on the contrary, disswaded from it. And when I
preached on any week day, it was to keep my people from going else-
where, and to edify them with sound doctrine at home. And as for
neglecting to pray for King George, although I did not always pray
nominatim, as I believe some of the Presbytery did not, either before, or
in the time of the rebellion, yet I neither did, nor do neglect this my duty.
As to the last article of the lybell, viz. neglecting and refusing to read
the late proclamation by his Majesty King George, I answer that, though
it is most certain that never any such proclamation came to my hands,
IOO EXTRACTS FROM RECORDS
yet I did not (as is alleadged) pretend ignorance of the design, but
desired my pariochioners to conveen the day appointed, and gave them a
sermon suitable to that occasion, so I presume that, seeing I answered
the design by preaching a thanksgiving sermon, my not reading a paper
which I never saw, cannot, in reason, militate against me. Upon the
whole matters I hope the Reverend Presbytery will, upon mature
consideration of the premisses, think fit to desist from so undue pro-
ceeding, as well for the regard they have for their own character, and
function, as for the justice that is due to mine. But if, notwithstanding
hereof, they shall proceed to cognosce upon the crimes lybelled, I must,
with all due deference, protest against their proceedings, and that any
sentence that shall be pronounced by them against me may be void and
null, and that the Moderator of the said Presbytery, and remanent
members thereof, may be conjunctly and severally lyable to me for all
cost, skaith, damage, and expences I may incurr by and through their
unwarrantable procedure. And I crave that this my protestation may be
marked in the Books of the Presbytery, and that I may have extracts
thereof, and of the lybell, minutes, and hail proceedings of the Presbytery,
as often as I may have occasion for the same. Upon all which I ask and
take instruments in the hands of the Clerk of the said Presbytery, and
also in the hands of Francis Moir, Notar Publick, on this first day of
August 1716, before witnesses William Mitchell in Balfour, and Robert
Gellan, son to Alexander Gellan in Bithnie. Sic subscribitur.
And : Jeffrey.
" Mr. Jeffrey, as said in his defences, having protested, and asked, and
taken instrument in the Clerk's hands, the Presbytery gave in the same
answers which they had returned to Mr. Levingstone's defences, and
recorded pages 245, 246, 247, and 248, and not necdfull here to be
repeated, their defences being the same, except that Mr. Levingstone
objected against the examination of the witnesses. Upon all and sundry
which answers Mr. Johnston reprotested that no regard should be had to
Mr. Jeffray's protestation, but that the Presbytery should proceed in due
form, as well for the regard they bear to their own character and function,
as for the obligation they are under to appear against sin in the bounds,
and thereupon took instruments in the Clerk's hands, and the Presbytery
adhered to the said reprotestation.
OF PRESBYTERY OF ALFORD. IO1
" The said Mr. Jeffrey being asked if the paper he gave in was a
Declinator, answered it was not, and he offering to withdraw was desired
to stay, which being refused by him, the Moderator cited him apud acta
to compear the 22d current at this place.
"The officer gave in an execution, bearing that he had summoned
the witnesses for proving the articles contained in Mr. Jeffrey's lybell,
which being read and sustained, they were called, but none of them
compearing, the Moderator and Mr. Patrick Gordon were appointed to
apply to the Quarter Session of the Justices of Peace, to sit at Ellon,
August 7th, for their warrand to compell the recusant witnesses, who kad
their commission and an extract anent the said witnesses their not
compearing. Signed and delivered to them for the end foresaid."
"Alford Kirk, August 22d, 1716.
"The brethren appointed to apply to the Quarter Session, reported
they had done it, and obtained their warrand. Whereupon the Presbytery
appointed the officer to summond the said witnesses to compear September
the 6th. And Mr. Jeffrey being called and compearing was cited apud
acta to compear the said day."
"Alford Kirk, September 6th, 1716.
" The said day the officer gave in an execution, bearing that he had
summoned the following witnesses viz. John Black in Nether Mill of
Alford, John Scot in Dorzeal, George Mitchell in Overtown of Aslown,
William Mortimer in Broadhaugh, Peter Norrie, Merchant in Kirktown
of Alford, Alexander Wilson in Cottown of Walhouse, Alexander Lawson
in Midmill of Alford, John Marnach in Badevin, William Browny in
Graystone, George Jeffray in Bridgeend of Alford, Peter Ritchie in
Walhouse, William Laing in Kinstair, George Glennie in Kirktown of
Alford, and William Christie, smith in Paddokhall. Which being read
and sustained, both the said witnesses, and Mr. Jeffrey were called.
Whereupon the said Mr. Jeffrey compeared, owned he had got the list of
the witnesses, and having the lybell read over to him, owned it was the
exact double of what the officer delivered to him. And being inquired
102 EXTRACTS FROM RECORDS
if he would confess the articles lybelled, or any of them, answered he had
nothing to add to what he had formerly given in. Afterwards compeared
all the foresaid witnesses, against whom Mr. Jeffrey declaring he had no
objection, they were all solemnly sworn.
"Compeared John Black, aged about 50, married, purged of malice
and partiall councell, Being interrogate, deponed that he never heard
Mr. Jeffrey pray for King George or King James during the late rebellion,
but only for our righteous Sovereign the King, that he distinguished him
by no epithet calling him Protestant King, but heard him not pray for
success to any army. And being interrogate if he observed the fast day
lybelled, answered he preached some week day in winter, but could not
condescend on the particular day, and that he knew not for what end.
Denied that he minded his preaching on the thanksgiving day lybelled,
and was not present when any proclamation was read for observance
thereof. And deponed he did not mind any proclamation read, whether
for levying cess or men for the Pretender's service, nor did he mind any
proclamation to be read by the said Mr. Jeffrey, with respect to the defeat
of the rebells, causa scientiae he was his hearer. This is the truth &c.
Declared he cannot write, but impowered the Clerk to subscribe for him
Sic subscribitur Jo. Gordon for John Black.
"Compeared next George Mitchell, aged 30 years, or thereby,
married, purged of malice, and partiall councell, deponed, that he heard
not Mr. Jeffrey pray for King James the Eight by name, but only for
our rightfull Sovereign ; that he heard not the minister read that pro-
clamation for the thanksgiving lybelled, but that it was read from the
latron, and that the minister desired his people to conveen, and preached
that day, that he did not mind that the minister said, that the observance
of that day would distinguish them from others, but minded nothing of
the fast day lybelled. Deponed that he heard the minister preach the
thanksgiving day for success against the rebells, but that the minister
read not the proclamation, that he desired his people to come and hear
sermon that day, but told them not for what end. And that there were
no proclamations read by the minister for levying cess or men for the
Pretender's service. Causa scientiae he was his hearer in the time.
This is the truth &c. Sic subscribitur Geo: Mitchell.
"Compeared next Alexander Wilson, aged twenty -eight years, or
thereby, unmarried, purged of malice and partiall councell, Deponed that
OF PRESBYTERY OF ALFORD. 103
he heard not the minister of Alford pray by name for King James the
Eight, but only prayed for our rightfull Sovereign, the King's Majesty,
minded not the fast day, but that he preached two week days, the one
about February last, and the other about January, and that he was his
hearer, and that he heard a proclamation read, befor that week day's
sermon in February last, by the precentor, and that it was for the
Pretender's safe arrivall, and that the minister desired his people to
conveen that day, and they should hear sermon, and intreated that they
might be earnest with God, that he might prevent the effusion of Christian
blood, and that he was in the Church the day before the thanksgiving for
success to the defeat of the rebells, but did not hear a proclamation read
for that end, but that the minister gave no reason for their conveening but
that the people could not too frequently serve God. Causa scientiae
This is the truth. Sic subscribit Al. Wilson.
" Compeared next John Scot, aged about fifty years, or thereby,
married, purged of malice and partial councell. Deponed that he
heard not Mr. Jeffrey pray for the King, but only for our rightfull
Sovereign, the King's Majesty, without any distinguishing epithet, that
the minister preached on a week day, in the time of the rebellion, but
was not in the kirk the Sabbath befor, and therefore did hear no
proclamation relative thereto, but heard him preach the day of the
thanksgiving, for success in defeat of the rebells, but was not in the
Church to know whether there was a proclamation relative thereto read
or not, and heard him pray for the preventing the effusion of Christian
blood. Causa scientiae, he was Mr. Jeffrey's hearer. This is the truth.
Sic subscribitur John Scot.
" Compeared Alexander Lawson, aged about fourty years, married,
purged of malice and partial councell. Deponed he heard the minister
of Alford pray only for our only rightfull Sovereign, without any
distinguishing epithet, that he heard him preach on a week day, in the
time of the rebellion, for stopping the sheddina Christian blood, and that
he heard him preach on a week day, about Candlemass last, he heard not
the proclamation therefor read, but heard the minister desire his people to
conveen that day, and heard him preach about the 7th of June last, and
knew not the design of preaching then. Causa scientiae he is his hearer.
This is the truth. Declared he cannot write, but impowered the Clerk to
subscribe for him. Sic subscribitur Jo : Gordon for Alexander Lawson.
104 EXTRACTS FROM RECORDS
"Compeared William Laing, aged about fifty, married, purged of
malice and partial councell. Deponed that he heard Mr. Jeffrey, during
the late rebellion, only pray for our rightfull Sovereign, without any
distinction, but that in the moneth of January or February last, the
minister preached upon a week day, but knew not the design, saving the
preventing the shedding Christian blood, and heard him preach on a week
day since February last, on King George's account, and heard the
minister tell from pulpit the proclamation had not come to his hands,
but he would observe the day. Causa scientiae he is his ordinary hearer.
This is the truth. Sic subscribitur Will : Laing.
" Compeared Peter Norrie, aged twenty, or thereby, married, purged
of malice and partial councell. Deponed that he heard Mr. Jeffrey pray
only during the late rebellion for the righteous king, heard the minister
preach on a week day, but does not mind if it was befor July or not, that
he heard the minister speak nothing of a proclamation, but heard him
desire them to conveen to sermon, that he did not mind if he heard him
preach about Candlemass or not, but heard no proclamation read for
keeping any of these days. Causa scientiae he is his ordinary hearer.
This is the truth. Sic subscribitur, Peter Norrie.
" Compeared next William Browny, aged about fifty, married, purged
of malice and partial councell. Deponed that he heard Mr. Jeffrey pray
only for the King's Majestic, that he never heard him name a king, but
heard him in January or February last preach on a week day, which was,
as he thinks, near or on, the 2d of February, and heard a proclamation
read by the precentor, for keeping that day, and did hear the minister,
upon the reading thereof, desire his people to conveen that day, that
he heard him on the 7th of June preach, but knew not the occasion,
in regard the minister told it not. Causa scientiae he is his ordinary
hearer. This is the truth. Sic subscribitur Wm. Browny.
" Compeared George Glenny, aged about twenty-three, married,
purged of malice and partial councell. Deponed that he heard the
minister preach on a week day, about Candlemass last, and heard a
proclamation read, for the observing that day, by the precentor, that he
heard him preach another week day, but cannot tell when. Causa
scientiae he is his ordinary hearer. This is the truth. Sic subscribitur,
George Glenny.
OF PRESBYTERY OF ALFORD. 1 05
"Compeared next John Marnach, aged about fifty, married, purged
of malice and partial councell. Deponed that the minister had sermon
on a week day, the 2d of February last, that he was in the Church
Sabbath immediately preceeding, but is not in the knowledge whether
there was a proclamation read that day or not, but heard the minister
desire his people to conveen that day, that he knows well enough there
was a thanksgiving appointed for the Pretender's safe arrival in Scotland,
and that the minister preached on a week day after the fight at Shirriff-
mure. Causa scientiae he is Mr. Jeffrey's ordinary hearer. This is the
truth. Sic subscribitur John Marnach.
" Compeared next George Jeffray, aged about thirty, married, purged of
malice and partial councell. Deponed he heard Mr. Jeffrey preach on
the 2d of February last, or thereby, being a week day, and heard a
proclamation read, for observing that day, by the precentor, and that he
named no king by name since he was his hearer. Causa scientiae he is
his ordinary hearer. This is the truth. Sic subscribitur, Georg Jeffray.
" Compeared next William Christie, aged about thirty, married, purged
of malice and partial councell. Deponed that the minister of Alford
preached on a week day on or about the 2d of February last, bypast, or
at least the beginning of that moneth, that he heard a proclamation read
the Sabbath immediately preceeding, for keeping a thanksgiving, and
heard the said Mr. Jeffrey, on the back of reading that proclamation,
desire his people to conveen that day, and heard the precentor read
proclamations for levying cess and men, by Mar's authority, that the
minister was in the pulpit when the proclamation for the thanksgiving
was read, that he heard the minister preach about, or on, the 7th of June
last, but heard the minister say that the proclamation was not come to
his hands. Causa scientiae he is his ordinary hearer. This is the truth.
Sic subscribitur Will. Christie.
"Compeared next William Mortimer, aged past fourty, married,
purged of malice and partial councell. Deponed that the minister
preached on a week day befor the oat seed last, and heard the minister
preach the yth of June, or thereabout. Causa scientiae he is Mr. Jeffrey's
ordinary hearer. This is the truth. Sic subscribitur, W. M.
" Compeared next Peter Ritchie, aged about fifty-four, married,
purged of malice and partiall councell. Deponed that he heard Mr.
Jeffrey preach on a week day about Candlemass, and he thought he
P
IO6 EXTRACTS FROM RECORDS
preached to prevent Christian blood, but knew nothing if it was a
thanksgiving for the Pretender's arrival or not. Causa scientiae he is his
ordinary hearer. This is the truth. Declares he cannot write, but
impowers the Clerk to sign for him. Sic subscribitur Jo : Gordon for
Peter Ritchie.
" After the depositions of the above witnesses, Mr. Jeffrey was
inquired if he had anything to offer to the Presbytery, who answered
he had nothing. The Presbytery, considering it was far in the night,
cited Mr. Jeffrey to compear befor them to-morrow at this place."
\
"Alford Kirk, September 7th, 1716.
" The Presbytery entering upon Mr. Jeffrey's affair, he was called and
compeared, declared he had no new thing to offer to the Presbytery.
The Presbytery, considering that Michaelmas was approaching, and that
Mr. Jeffrey's worldly circumstances (who was now likely to be deposed),
were exceeding straitning, delayed their proceeding to sentence till their
next meeting, September the 26th, at this place, which being intimate to
the said Mr. Jeffrey, he expressed his sense of their kindness, and was
cited apud acta by the Moderator to attend the said day."
'Alford Kirk, September 26th, 1716.
" The Presbytery entering upon the affair of Mr. Jeffrey, he was
called, and compeared. And he being told that the Presbytery being
now to proceed in his process, had access to offer what new thing he
thought proper, answered, that he had nothing to add. Whereupon, he
being removed, and the Presbytery taking to their consideration the
depositions of the witnesses who had been examined in the affair of the
said Mr. Jeffrey, Episcopall incumbent at Alford, and having summed up
the evidence, did find proven by concurring testimonies of several
witnesses. Primo, that the said Mr. Andrew Jeffrey did observe, with
his congregation, a day of publick fasting and prayer, which was
appointed for imploring success to the Pretender's arms. Secnndo, that
the Sabbath befor the 2d day of February last, he was in pulpit, when
the precentor, who was his own son, did read from the latron a proclama-
tion emitted by the Pretender's authority, for keeping a thanksgiving for
OF PRESBYTERY OF ALFORD. IO?
the Pretender his safe arrival, and that upon the back thereof, he, the
said Mr. Jeffrey, did intimate to his people to conveen for the observance
of the said day. Tertio, that accordingly the said 2d day of February,
or some day lybelled in the beginning of that moneth, the said Mr. Jeffrey
did preach, and observe that thanksgiving, which was appointed for the
end,' and by the authority foresaid. Quarto, that although the said
Mr. Jeffrey did not pray for the Pretender, under the express name of
King James the Eight, yet he prayed for the king in such generall and
ambiguous terms, as his hearers could not but understand he meant the
said Pretender, for whose success he fasted and prayed, and for whose
arrival he observed a public thanksgiving. Quinto, that though the said
Mr. Jeffrey did judicially assert that he neither did, nor does neglect his
duty in praying for his Majesty King George nominatim, yet it is proven
by all the deponents, his ordinary hearers, that he never named any king
since his Majesty's accession to the throne, and although he denyed the
observance of any thanksgiving day, in behalf of the Pretender, yet the
contrary is proven by several concurring witnesses, whereby he is
manifestly guilty of two gross prevarications, and falsehoods.
"From all which it appears that the said Mr. Andrew Jeffrey has
been guilty of an atrocious scandall in deserting the Protestant cause,
espousing the interest of a Popish Pretender, in opposition to our only
lawfull Protestant Sovereign King George, and thereby in being art and
part in carrying on that wicked design of subverting the Protestant
religion and the present happy establishment, and of introducing Popery
and arbitrary power, whereby he discovers himself to be a man of
heterodox and unsound principles, as well as of bad morals. Upon the
whole, the Presbytery (after prayer to God) having stated the vote,
Depose the said Mr. Andrew Jeffrey from the office and exercise of the
holy ministry, or not, and rolls being called and votes marked, it carried
unanimously, Depose. Therefore the Presbytery did, and hereby do, in
the name of the Lord Jesus Christ, and by virtue of that authority he
has left in his house, and committed to them, depose the said Mr. Andrew
Jeffrey from the office and exercise of the holy ministry in all the parts
thereof. And the said Mr. Jeffrey being called, and compearing, had
this sentence intimate to him judicially by the Moderator, in the
Presbytery's name. Upon which the said Mr. Jeffrey gave in a paper,
indorsed, Appeal, Mr. Andrew Jeffrey, minister at Alford, from the
IO8 EXTRACTS FROM RECORDS
process and sentence of the Presbytery of Alford, the tenor whereof
follows, I Mr. Andrew Jeffrey, minister of the gospell at Alford, being
cited to compear befor the Presbytery of Alford, upon the ist day of
August 1716 years, to answer to the several articles of a lybell exhibited
against me, did, upon the foresaid day, compear, in order to vindicate
myself and ministeriall conduct, from the calumnious imputations of the
said lybell, and gave in such defences as seemed to me, and in the
judgment of lawyers, competent to exclude the Presbytery's jurisdiction,
viz. that being an Episcopall minister, duly qualifyed according to law,
I am by several Acts of Parliament, as yet unrepealed, exempted from
all dependance on, or subjection to, the jurisdiction of the Presbyterian
Church, and that the Presbytery being only an Ecclesiastick Judicatory,
could have no competent power to cognosce upon the crimes charged in
the lybell, to examine witnesses thereanent, or to pass any sentence
thereupon, and that for the reasons contained in a paper given in by me,
the foresaid ist day of August. Upon all which I protested against the
said Presbytery, and their unwarrantable procedure, as my protestation
of the date foresaid more fully proves. To which protestation, together
with the reasons on which the same is founded, I do still adhere, not
doubting but they will be found relevant when impartially considered
befor a competent Judicatory. Nevertheless the Presbytery, without the
least regard had to my said protestation, and defences, or to the severall
standing Acts of parliament urged in my favours, thought fit to insist in
their process, but the witnesses, whom they had summoned against me,
declining to appear, least their submission to unlawfull authority might
happily prove of dangerous consequence, they cited me apud acta to
attend the Presbytery upon the 22d day of August, and no evidence
being as yet adduced against me, I was again cited apud acta to appear
befor them upon the 6th day of September. Upon which day I appeared
for my own vindication, as did also the witnesses, being expressly
appointed, and commanded so to do, under the pain of paying each an
hundred merks, and imprisonment conform to a decreet passed against
them, by the Justices of the Peace, met at their Quarter Session at Ellon,
upon the 7th day of August last. And thereafter the Presbytery did
most unwarrantably proceed to examine the witnesses. And having
again cited me befor them upon the 26th day of September, they did,
most illegally, give forth and pronounce the sentence of deposition,
OF PRESBYTERY OF ALFORD. 1 OO.
albeit there was nothing proven that could in the least militate against
me, to which sentence I can no ways obtcmperate, and that for the
reasons given formerly in by me to the said Presbytery, to which I do
still adhere in all points. And till it shall be made appear by sufficient
legall documents that they have a competent power and authority, to
cognosce upon the crimes lybelled, an 1 that I am subjected to their
jurisdiction, I do protest against any proceedure of the said Presbytery
in the present process against me, and seeing all sentences pronounced
by an incompetent judicatory are in themselves invalid, I do protest that
the sentence passed against me by the said Presbytery is of no force nor
effect, nor in the least prejudicial to me in my ministry, and reputation.
And since, notwithstanding all and sundry the premisses, they have
proceeded to sentence against me, therefore I do protest and appeal to
any civil judge competent for redressing of such injuries, especially to
the righteous and impartial tribunal of Jesus Christ, who, without respect
of persons or parties, will judge all. And desiring this may be recorded
in the journals of the said Presbytery, that I may have an extract of it,
as often as I may have occasion for the same, under the hands of their
Clerk. Whereupon all and sundry the premisses, I, the said Mr. Andrew
Jeffrey, take instruments in the hands of Mr. John Gordon, minister at
Glenbucket, Clerk to the said Presbytery, and in the hands of Francis
Norrie, Notar Publick, upon the 26th day of September, 1716 years,
befor these witnesses, Alexander Garioch of Kinstair, and Alexander
Ross, my servant. Sic subscribitur Andrew Jeffrey.
"The said Mr. Jeffrey having protested and appealed, as in his said
paper, Mr. Garioch reprotested that no regard should be had to the said
protestation, and appeal, there being nothing new and material therein,
from what the said Mr. Jeffrey had advanced formerly in his defences,
except that he alleadges that there was nothing proven that could in the
least militate against him, which is of a piece with his brother Mr.
Levingston's disowning his judiciall confession, as will appear to any
who impartially consider the depositions of the witnesses, and compare
the grounds upon which the sentence of deposition is founded with the
same ; protested that the sentence was good and vailid, and thereupon
took instruments in the Clerk's hands. To which reprotestation the
Presbytery adhered, and appointed Mr. Patrick Gordon to preach at
Alford, September the thirtieth, to intimate the said sentence of
deposition, and to declare the Kirk of Alford vacant."
110 EXTRACTS FROM RECORDS
Note. Mr. Jeffrey, though deposed, refused to vacate the Manse.
The parishioners seem to have sympathised with their minister (p. 280 of
Minute Book). Application was made to the Sheriff, " with respect to
the eviction of Mr. Andrew Jeffrey," so that a successor might be settled
in the parish (Mr. James Gordon from Bourtie) (p. 283). On p. 284 it
is stated, that though " the Sheriff Substitute had undertaken to evacuate
the Manse of Alford, it was not yet done." On p. 287 it is stated that
the Manse was now "rid and void." A day was accordingly fixed for
Mr. Gordon's "admission," which took place on 3Oth July, 1717.
Mr. JOHN ROBERTSON, Strathdon.
"Alford Kirk, January 23d, 1717.
" The said day also the Presbytery taking under their consideration
that Mr. John Robertson, Episcopall Minister at Strathdon, was likewise
liberal from prison, by the Habeas Corpus Act, and that he was alleadged
to have given great scandall by his rebellious practices, dureing the time
of the late unnaturall rebellion, did therefore appoint their clerk to draw
up a lybell containing the following heads, viz. His praying publickly in
the Kirk of Strathdon, or in his own family, during the late rebellion, for
the Pretender, under the name of King James the Eight, or in equivalent
terms, and for success to the late Earl of Marr his rebellious arms : His
observing a fast for success to the Pretender his wicked design, and a
thanksgiving for his safe arrivall in Scotland ; His reading a proclamation
for observing thereof, and desireing his people to conveen that day, as
also his neglecting to pray for King George during that unhappy rebellion.
Appointed also a list of witnesses for proving the foresaid particulars
against Mr. John Robertson, to be subjoined to the said lybell, and the
officer to summond the said Mr. Robertson to compear February I3th,
and to deliver a true copy of the lybell, with a list of the witnesses names,
and designations, to him, both of them subscribed by the Moderator and
Clerk, and to summond all the witnesses to the foresaid dyet, and to give
them all the heads of the lybell ingrossed in their citations."
OF PRESBYTERY OF ALFORD. Ill
"Alford Kirk, February I3th, 1717.
" The said day the officer gave in ane execution, bearing he had cited
Mr. John Robertson, Minister at Strathdon, had delivered him a copy of
the lybell, with a list of the witnesses names, and designations, subjoined
thereto, and also the witnesses for proving the articles contained in the
said Mr. Robertson's lybell, which being read and sustained, the said
Mr. Robertson was called, and compeared, and he being interrogate if he
was cited to this dyet, answered, that he had received a summonds, but
the day of compearance therein contained was elapsed, even befor the
officer laid it on. Which summonds being produced, it was found, that,
through mistake, he had been cited to a wrong dyet. The Moderator,
in the Presbytery's name, asked if Mr. Robertson would sustain the
summonds as formall, in order to prevent trouble to himself, and to the
witnesses who were come up, but could not be now examined, unless this
was condescended to by him. To which the said Mr. Robertson replyed,
that he was not ripe to give a present answer, but should retire a litle,
and have the proposall under consideration, and return with ane answer,
which accordingly he did. Being called, and told he was willing to own
the citation as good, and that the Presbytery should proceed in the affair.
Whereupon the lybell, being read over in his hearing, he owned it was
the same in all points with what was delivered him by their officer. And
being interrogat upon the sevcrall articles of his lybell, replyed, and
confessed as follows viz : that during the time of the late rebellion he
prayed for the Pretender, but with these limitations, that God would
incline his heart to be a true Protestant, and if it were God's will he
would bring him to the throne who was lawfull heir to our native kings,
if not, that he would be pleased to incline him to set his heart upon ane
heavenly kingdome ; that he prayed God would preserve the Earl of
Marr, and his own parochiners from sin, and wrath, and every mark of
God's displeasure, and bring them safe home again ; that he observed the
fast day lybelled, and prayed for the Pretender, the Earl of Marr, and
his own parochiners, and that God would reconcile disagreeing parties ;
that he did read the proclamation for thanksgiving from pulpit, but not
observe the thanksgiving because his people were out on parties, and
therefore had none to keep it with him ; that he did not pray for King
George in the time of the rebellion, but prayed for him befor, and since
112 EXTRACTS FROM RECORDS
that time, nominatim. The Presbytery, after recording and considering
the above confession, having called in the witnesses dismissed them,
there being no need of their depositions ; and their time and business
not allowing to proceed any further in the said affair at present, cited
Mr. Robertson apud acta to compear the 28th of this current, at this
place, befor them."
"Alford Kirk, February 28th, 1717.
" There was a letter of excuse produced from Mr. John Robertson,
minister at Strathdone, which being read was sustained, and he engageing
therein to attend the next meeting, if acquainted therewith, there was a
letter written to him, desireing him to attend the 2Oth of March, at this
place."
"Alford Kirk, 2Oth March, 1717.
" Mr. John Robertson at Strathdone, minister, being called, compeared.
The Presbytery considering that they had nothing to exped his affair at this
meeting, summoned him apud acta to compear at this place Aprile 24th."
"Alford Kirk, Aprile 24th, 1717.
"The Presbytery entering upon the process of Mr. John Robertson,
Episcopall incumbent at Strathdone, there was produced a letter of
excuse from the said Mr. Robertson, bearing that he was valetudinary,
and not in case of body to come to this meeting, and promiseing to
attend the next dyet, if they would acquaint him therewith. Which
excuse the Presbytery sustained, and appointed Mr. to acquaint
him with the next meeting."
"Alford Kirk, May 3d, 1717.
" Mr. John Robertson, Episcopall minister at Strathdon, being called,
and compearing, had his confession read over to him, to which he
adhered, as the genuine confession made by him February I3th, and
declared he had nothing to offer; after which being removed, and the Pres-
bytery, upon considering his said judiciall confession, finding therefrom,
OF PRESBYTERY OF ALFORD. 113
Primo, That he had, in the time of the late rebellion, prayed that the
Pretender might be brought to the throne, who was lawfull heir to our
native kings. Secundo, That he had likewise prayed that God would
preserve the late Earl of Marr, and his accomplices. Tertio, That he had
observed the fast lybelled, and upon that day prayed for the Pretender,
the Earl of Marr, and his own parochiners (then viz. with the said Earl
in arms against the Government). Quarto, That he read the proclamation
for thanksgiving from pulpit, but did not observe it, because his people
were forth upon parties the said day, and so had none to observe it with
him, and Quinto, That he did not pray for King George in the time of
the rebellion, though he had done it nominatim both befor, and since the
rebellion. Whereupon the vote was stated thus, Depose the said Mr.
John Robertson from the office and exercise of the holy ministry, in all
the parts thereof, or Not. And one appointed to pray, to which the said
Mr. Robertson was called in, and after prayer withdrawing. The Rolls
being called, and votes marked, it carried unanimously Depose. Wherefor
the Presbytery did, and hereby do, in the name of the Lord Jesus Christ,
and by virtue of that authority he has left in his house, and committed
to them, depose the said Mr. John Robertson from the office and exercise
of the holy ministry, in all the parts thereof. And the said Mr. Robertson
being called, and compearing, had this sentence judicially intimate to
him by the Moderator, in the Presbytery's name. And appointed
Mr. Garioch to preach at Strathdon, May iQth, to intimate this sentence
to that congregation, and to declare the Church of Strathdon vacant, and
the Moderator to acquaint Mr. Garioch therewith."
Mr. JOHN ALEXANDER, Kildrummy.
" Alford Kirk, January 23d, 1717.
"The which day the Presbytery taking into consideration that
Mr. John Alexander, Episcopall Incumbent at Kildrumy, was now
liberal from prison upon the Habeas Corpus Act, and that he was
alleaged to have given great scandall by his rebellious practices during
the time of the late unnaturall rebellion, they therefore appointed their
Clerk to draw up a lybell, containing the following heads viz. His praying
Q
114 EXTRACTS FROM RECORDS
publickly in Brae Marr for success to the Pretender's arms, when the
standard was displayed there ; His councelling and adviseing severall
persons to rise in arms against our Sovereign King George ; His praying
publickly in the Church of Kildrummy, or in his own house during the late
rebellion, for the Pretender under the name of King James the Eight, or
in equivalent terms, and for success to the late Earl of Marr his rebellious
arms ; His observing a fast for success to the Pretender's wicked designs,
and a thanksgiving for his safe arrivall in Scotland ; His reading a
proclamation for observing thereof, and desireing his people to conveen
that day, as also neglecting to pray for King George during that unhappy
rebellion. As also the Presbytery appoints a list of witnesses for proving
the foresaid particulars against Master Alexander to be subjoined to the
said lybell, and their officer to summond Master John Alexander to
compear before them at their next meeting in this place, February 1 3th,
and to deliver a true copy of the lybell, with a list of the witnesses
names to him, both subscribed by the Moderator and Clerk, and also
appoints the officer to summond the witnesses to the foresaid dyet, and
to give them all the heads of the lybell ingrossed in their citations."
"Alford Kirk, February 13th, 1717.
"The said day the officer gave in ane execution bearing he had
summoned Master John Alexander, Episcopall Incumbent at Kildrumie,
and the following witnesses to this dyet viz. James William in Balwiry,
John William in- Sunnhard, Arthur Weir, gardener in Culqhuoich,
William Gibbon in Knowhead, John Tough in Nether Kildrumy,
William Tough, younger there, Charles Reid in Mains of Kildrumy,
William Cordiner there, John Duff, Bridgeend of Mosset, James Reid in
Old Morlich, Alexr. Leith there, Patrick Forbes in New Morlich, William
Clerk in Glencuy, Alexr. Piery in Mill of Kildrumy, and Arthur Gibbon
in Nether Kildrumy, Thomas Cook, officer at Kildrumy, and John Walker
in Pittandlich, as also that he had delivered a copy of the lybell with a
list of the former witnesses to the said Master Alexander, which execution
being read and sustained, Master Alexander was called, Whereupon
Coline Petry his son-in-law compeared and gave in a letter from Master
Alexander, bearing that he was valetudinary, and not able to come to the
Presbytery, being he had a complex of diseases in his body, and besides
OF PRESBYTERY OF ALFORD. 1 15
that he thought not himself obliged to answer at this time, seeing he had
been summoned to a wrong dyet. The said Coline Petry being desired
to give a sight of the sumonds, after much adoe did at length produce it,
and the Presbytery finding that their officer had mistaken the dyet unto
which Mr. John Alexander should have been cited, they again appointed
their officer to give the said Master Alexander another copy of the
lybell with a list of the witnesses names, and timeously to summond him
to compear before the Presbytery at this place the 28th of February
current. They also agreed that seeing the witnesses, as they were
informed, were come up, that they should be called in and summoned
apud acta to compear the foresaid dyet, to bear leal and sooth fast
witnessing in the affair and lybell of Master John Alexander, as the
legall and formall copies of the summondses formerly delivered them
did more fully inform, as also that the warrand from the Justices of
Peace, with respect to their amerceaments and imprisonment in cace of
non-compearance should be judicially read to them, and the witnesses
being called in, all of them compeared, and were cited apud acta to
compear the foresaid 28th of February, and had the sentences of the
Justices of Peace read over to them as above. Afterwards the Presbytery
finding that notwithstanding Master Alexander had signified to them in
his letter that he had a complex of diseases in his body, and consequently
not able to come to this place, yet that he was really come up, and upon
the spot, they appointed their officer immediately to deliver him a copy of
the lybell, with a list of the former witnesses in due form, and to summond
him to their next meeting February 28th precisely."
"Alford Kirk, February 28th, 1717.
" The said day the officer gave in ane execution bearing that he had
summoned Master John Alexander, Episcopall Incumbent at Kildrumy,
to this dyet, which being read was sustained, and Master John Alexander
being called compeared, and owned he was legally summoned to compear
before the Presbytery this day, and that he had received a lybell with a
list of the witnesses names in due form, but in the meantime declined to
answer to the particulars contained in the lybell, and referred all to the
probation of the witnesses, which the Presbytery being about to call
Master Alexander gave in a remonstrance, the tenor whereof follows
Il6 EXTRACTS FROM RECORDS
Whereas Master John Alexander having been made prisoner by virtue
of a committment for crimes therein contained, wherewith he is charged
by the civill goverment, and the matter thereupon being brought before
the Lords of Justiciary, the said Master John did apply to the Lord
Royston for obtaining letters in terms of the Act of Parliament for
preventing wrongous imprisonment, by virtue whereof due and lawful
intimation was made to Sir James Stewart, His Majesty's Sollicitor and
Advocat Depute, for his tryall within sixty days after the said intimation,
and thereafter the time limited by Law for insisting in any process against
him being elapsed, he was clearly therefore intituled by the foresaid Act
of Parliament to his liberation, and was accordingly set at liberty on his
finding bail to compear before the said Lords of Justiciary at any time
when called for, within the space of twelve moneths, to answer for the
crimes charged against him, and for his loyall and peaceable behaviour
in the meantime, as appears from the letters of liberation under the hand
of Alexr. Ross, Deput Clerk of Justiciary. By all which it evidently
appears that the cognition and tryall of the said Master John for the said
crimes is sisted and brought before the Lords of Justiciary as the supreme
criminall judges, and therefore the said Master John begs leave to offer
and give in his remonstrances to this reverend meeting. That since r>o
man is obliged in law to answer for pretended crimes before two courts
at once, nor can there be any scandall till the crimes be notified and
proven. And now that this whole affair was tabled before the honourable
the Lords of Justiciary in prima instantia, and depends there still, he
hopes this will sufficiently excuse him from answering before any other
subordinat Court, but especially ane ecclesiasticall, since the Presbytery
can in no sense be construed a competent Judicatory for the cognoscing
upon the said crimes, as is evident from the 132 Act of the 8th parliament
of King James the 6th, where the crimes inferring the deprivation of
Ministers are divided into two classes viz. those subject to the cognition
of the church which are particularly Heresy, Popery, false and erroneous
doctrine, common blasphemy, common drunkenness, non-residence,
plurality of Benefices, dilapidation. These under the cognisance of
capitall and criminal judges are Treason, slaughter, mutilation, adultery,
incest, theft, common oppression, usury, perjury, and -falsehood. And
the said Act declares that any minister before his deprivation by the
clergy must be convict of the foresaid crimes by the criminall judges,
OF PRESBYTERY OF ALFORD. 117
upon all these considerations he thinks when the affair is justly stated
and set in its true light that the Reverend Presbytery will not interfeir
with the Lords of Justiciary who are the only Judges competent to the
cognition thereof. Finally, he expects that his offers shall meet with
such favourable consideration from the reverend meeting that they will
do him the justice as not to interpret this his remonstrance, contumacy,
or stubbornness, but will have that regard to present situation of this
affair, as to put a stop to the process against him, at least for some time
till his bail expire, sic subscribitur John Alexander. The former paper
being read, Master Alexander removed, and the Presbytery taking his
remonstrance to their consideration, could find nothing in it that might
hinder them from proceeding in his affair and lybell, and Master
Alexander being called in had the same intimat to him, upon which the
said Master Alexander protested against the Presbytery's procedure,
upon grounds contained in the remonstrance, and further protested for
all cost, skaith, and damage he may sustain by this process intended
against him.
" The Presbytery agreed that they should proceed in the examination
of the witnesses, and they being called one by one three severall times at
the most patent door of the church, compeared William Clerk in Glencuy,
and John Walker in Pittandlich. Master Alexander being interrogat if
he had any objection against them, declared he had none, upon which
they were solemnly sworn, purged of malice, and partiall councell.
" William Clerk, aged above fifty, married, nihil probat. John
Walker, aged about thirty, married, nihil probat. Afterwards compeared
James Reid, in Old Morlich, and Master Alexander, declaring that he
had nothing to object against his being admitted as a witness. Whereupon
he was solemnly sworn, purged of malice, and partiall councell, aged
about thirty, unmarried. Depones he heard a man's voice praying, but
he saw no man's face, at the erecting of the standard, whom he could
distinguish from another, and that he saw Master Alexander at the
water of Cluny, when they were on their march, and supposed that it
was like, though he cannot be positive that it was the minister of
Kildrumie's voice, and depones he heard it was the minister of Kildrumie
who prayed when the standard was erected, and depones he could not
hear his word distinctly. Sic subscribitur James Reid.
" The Presbytery finding that more of the witnesses were not come
Il8 EXTRACTS FROM RECORDS
up notwithstanding they had been warned of the hazard they were in, if
they compeared not, they therefore appointed Master Copland, minister
at Touch, to repair to the Justices of Peace who signed the warrand, and
represent the disobedience of the witnesses to them, and crave of the
foresaid Justices that they would do everything proper for vindicating
their authority, and compelling these witnesses to compear, and the
Clerk was appointed to draw up a commission to Mr. Copland for that
effect, and Mr. John Alexander was summoned apud acta to compear
before the Presbytery March the aoth."
"Alford Kirk, March 2Oth, 1717.
" Master John Alexander being called, compeared, but declined as
formerly to answer to the particulars contained in the lybell, but referred
all to the probation of the witnesses, and being enquired if he had
detained the witnesses the preceding Presbytery day, answered, that he
denyed the whole matter of fact.
" The Presbytery being acquainted that all the witnesses who had not
compeared the former Presbytery day were now present, they agreed
that they should be allowed to compear, and being interrogate upon
their compearing, why they came not up to last meeting, they answered
that they did not understand the nature of ane apud acta citation, but
expected another summonds, and withall declared that they were now
come up to depone in the affair of Master John Alexander.
"Arthur Weir in Culqhuoich, John William in Sinnahard, James
William in Bellwiry, John Tough in Nether Kildrumy, and William
Gibbon in Knowhead, being particularly called to depone in the action
lybelled against Master John Alexander, the said Master John did object
against the above-named five witnesses, that they ought not to be
received to depone upon the contents of the lybell given him at the
instance of the Presbytery, in respect they are habit and repute as of the
number of those rebellious accomplices that were with the late Earl of
Marr in arms at Braemarr, and therefore, till they be purged of the said
scandall, cannot be sustained as habilestestes in law, upon which he
protested and took instruments, as also he protested against William
Tough, younger, in Nether Kildrumy, and Patrick Forbes in New
Morlich, upon the foresaid grounds. Upon which Master Thain, in
OF PRESBYTERY OF ALFORD. 119
name of the Presbytery, re-protested that the former objection and
protestation were groundless, and no regard should be had thereto ;
because primo no objection can be admitted against persons adduced to
witness in any affair, unless the same were instantly verified, which the
said Master Alexander has not done in the present case. Secundo,
though these persons might have been at Braemarr with the late Earl of
Marr, yet it does not follow that they were among the number of his
rebellious accomplices, because its nottour in the country side that many
of the poor country people were only brought up thither upon pretence
of hunting, and when they were there were pressed to go along with the
rebells contrary to their inclinations, and howsoonever they had ane
opportunity of deserting they came home, thereby testifying their want
of inclination to rebell, which all the persons against whom the objection
is made really did, and the goverment is so conscious of this that they
have never called any of these people to ane account for their being in
the rebellion. The said Arthur Weir, James William, John William,
John Tough, and William Gibbon were solemnly sworn.
"William Gibbon, aged about fifty, being purged of malice and partiall
councell, a widower, deponed he saw Master John Alexander, minister at
Kildrumie, in Braemarr, when the standard was erected, and that he did
hear one pray, but he did not know that it was Master John Alexander,
and that he heard by report it was Master John Alexander that prayed
the foresaid time, and declared he would not say it was Master John
Alexander's voice he heard, or anothers, being that many men's voices
are alike, but he is not positive. And deponed that he heard Master
Alexander pray in his own house for King James, causa scientiae he was
at the door, when there was some congregation mett in his house after
Shirreff Muir. Deponed that he cannot write, but empowered the Clerk
to sign for him. Sic subscribitur Patrick Gordon for William Gibbon.
" Arthur Weir, aged about forty, purged of malice and partiall
councell, married, deponed he saw Master John Alexander in Braemarr
that very day the standard was erected with the late Earl of Marr, and
army, that he heard a man pray, but could not tell if it was Master
Alexander or not, and that he heard it in the army that Master
Alexander was the man that prayed. Declared he could not write,
but empowered the Clerk to subscribe for him. Sic subscribitur Pat.
Gordon, Presbytery Clerk.
120 EXTRACTS FROM RECORDS
"John Tough, aged about forty, married, purged of malice and
partiall councell, deponed he saw Master John Alexander in Braemarr
the time the standard was erected, and did hear him praying at that
time, and that he did observe a day of thanksgiving, and that he heard
him in his house praying for the Pretender, under the name of King
James the Eight, after sermon, and when the congregation was convened
there after Shirreff Muir ; and deponed he heard the Reader read a
proclamation for the great Cess, and that Master John Alexander was in
the pulpit meantime. Sic subscribitur John Tough.
"John William, aged about thirty, married, purged of malice and
partiall councell, deponed he saw Master Alexander in Braemarr in the
army, where the standard was erected by the late Earl of Marr, and that
he heard one pray, and that as the voice was, it was he, but it might have
been another, and in the meantime he deponed, he judged it was the
minister of Kildrumy who prayed, and declared he cannot write, but
empowered the Clerk to subscribe for him. Sic subscribitur, Pat. Gordon,
Pby. Clk.
"James William, aged about thirty, married, purged of malice and
partiall councell, nihil probat.
"Afterwards Alexr. Leith in Old Morlich, Patrick Forbes in New
Morlich, William Tough, Younger, in Nether Kildrumie, Charles Reid in
Mains of Kildrumie, and John Duff in Bridge-end of Mosset, were
particularly called, and Master Alexander being interrogat if he had any
objection against them, told he had no objection against the two last
named, viz. Charles Reid and John Duff, but that he had already
protested against the three former their examination, upon which they
were all solemnly sworn.
" Charles Reid, aged about twenty-six, unmarried, purged of malice,
and partiall councell, nihil probat.
" Patrick Forbes, aged above fifty, married, purged of malice and
partiall councell, deponed he saw Master Alexander in his return from
the army beyond Invercald, and that he was in the rear of the army
when he saw him, and that he heard a man's voice praying, but knew
not who he was who prayed. Deponed he cannot write, but empowered
the Clerk to subscribe for him. Sic subscribitur, Pat. Gordon, Pby. Clk.
"Alexander Leith, aged above fifty, married, purged of malice, and
partiall councell, deponed he saw Master Alexander in Braemarr when
OF PRESBYTERY OF ALFORD. 121
he was returning from the army, and deponed he cannot write, but
empowered the Clerk to subscribe for him. Sic subscribitur, Pat. Gordon,
Pby. Clk.
" John Duff, aged fifty, married, purged of malice and partiall
councell, deponed he heard Master John Alexander pray for the
Pretender, under the name of King James the Eight, when the con-
gregation was convened in his own chamber. And being interrogat if
he observed a thanksgiving for the Pretender about Candlemas, answered
it was on Candlemas day, one thousand seven hundred and sixteen, or
thereabout, that he observed a day. But whether it was a thanksgiving
or not he could not tell, but he called the congregation together to his
own chamber, because he was indisposed, and not able to go to Church.
Sic subscribitur John Duff.
"William Tough, aged above fourtie, married, purged of malice and
partiall councell, deponed he saw Mr. Alexander in Braemarr when the
Earl of Marr erected his standard there, and that he did not hear the
said John Alexander pray at that time, and deponed that he never
heard him, either in the Kirk of Kildrumy or in his own house pray for
the Pretender under the name of King James the Eight, and deponed
that he heard one pray for the Pretender under the name of King James
the Eight, in the minister of Kildrumie's house, but whether it was
himself or his son he did not know, and deponed that he observed a day
of fasting about Shirreff Muir, and that he observed a day of thanks-
giving about Candlemas one thousand seven hundred and sixteen, for the
Pretender's safe arrivall. Sic subscribitur William Tough.
" Afterwards Arthur Gibbon in Nether Kildrumie, William Cordiner
in Mains of Kildrumie, Alexander Piery at Mill of Kildrumie, and
Thomas Cook, officer at Kildrumie, were particularly called, and Master
John Alexander being enquired if he had any objection against them,
declared he had none, upon which they were all solemnly sworn.
" Arthur Gibbon, aged about twenty-eight, married, purged of malice,
and partiall councell, deponed he heard Master John Alexander pray for
the Pretender under the name of King James the Eight, and that in his
own chamber, where the congregation was convened there during the late
rebellion, and that he convened the congregation in his own chamber to
preach to them, because he was lame at that time, and not able to go to
R
122 EXTRACTS FROM RECORDS
church, and depones he cannot write, but empowered the Clerk to
subscribe for him. Sic subscribitur, Pat. Gordon, Pby. Clk.
" William Cordiner, aged about twenty-five, married, purged of malice,
and partiall councell, nihil probat.
"Alexander Piery, aged above fifty, married, purged of malice, and
partiall councell, deponed he heard Master Alexander pray for the
Pretender, under the name of King James the Eight, in his own
chamber, the congregation being convened there, and that a little before
Candlemas day one thousand seven hundred and sixteen, and that a day
was observed by the said Master Alexander of thanksgiving for the
Pretender's safe arrivall, and that about Candlemas, year foresaid, in his
own chamber, because he was indisposed to go to the Church. Sic
subscribitur Alexander Piery.
"Thomas Cook, aged about fourty, purged of malice, and partiall
councell, deponed he heard Master Alexander one day in his own house,
pray for the Pretender under the name of King James the Eight, during
the time of the late rebellion, and declared he cannot write, but empowered
the Clerk to subscribe for him. Sic subscribitur Pat. Gordon, Pby Clk.
"The witnesses having all of them deponed as above, they were
dismissed, and Master Alexander being removed, the Presbytery did
find that the time was farr spent, and that they had much other business
to do, so that they could not at this time proceed to a finall determination
in the matter, and considering the Synod mett before they could have
another ordinary meeting of their Presbytery, and that the Synod's
sentence would have much more weight and authority in the countrey
side than theirs would have, therefor did, and hereby do refer the said
affair to the Synod of Aberdeen, to meet at Aberdeen on the second day
of Aprile next for their finall determination therein, and appointed their
Clerk to draw out ane extract of the said affair to lay before the Synod
for that end, and Master John Alexander being called in had this intimat
to him, and was summoned apud acta to compear before the Synod of
Aberdeen the third day of Aprile, at ten o'clock, with continuation."
Note. There is nothing further in the Presbytery Minutes anent
Mr. Alexander's case, except the following in Minute of Meeting held at
Alford Kirk, April 24th, 1717: "The Presbytery finding that ane
OF PRESBYTERY OF ALFORD. 123
extract of Mr. Alexander his whole process had been laid before the last
Synod, that the Synod had passed the sentence of deposition against
him, and appointed Master William Garioch to preach at Kildrumie, and
intimat said sentence there, and to declare the said church vacant, but
finding that the said Master Garioch had not obeyed the appointment of
the Synod, they did appoint Master William Johnston to obtemperate
the Synod's appointment, in all the clauses and parts thereof, and that
Sabbath next"
Dr. Hew Scott, in his " Fasti," states that Mr. Alexander died in
August following his deposition, aged about 76.
XIII.
LETTER WRITTEN BY REV. JOHN ALEXANDER, OF
KILDRUMMY, TO HIS WIFE.
Edinburgh from our Prison in Winton House in
the Canongate, April 14., iji6.
My Dearest,
The hurry we are in and croud of Visitants since we came
here hinders. I cannot at present give you that full a/c of me and
fellow-prisoners I would otherwise.
It is enough to tell you in general that in our progress to this place
we have suffered the most barbarous and inhuman treatment ever was
heard of in a Christian Country, and have been exposed in all the townes
we travelled thro' to all the mock pomp and outrage could be offered to
Clergiemen. Yet God was with us and has strengthened and upheld us ;
so that at the time, we are in a good habit of health. From Abd., qr
we parted with our good, kind, and compassionat friends, I pray God to
reward them and return their favours to us into their own bosom a
hundredfold. We came that night to Stonehive, being each of us on the
rode guarded by a Dutch Souldier, riding two toghether, who tied a long
thong of leather to our bits, and hal'd us and drove us as they pleased.
At Stonehive, after they had kept us a long time upon the Streets,
we were shut up altoghether into their prison house, a theives' hole, and
were like to be stifBed for want of air. We got in at last some straw
and tumbled doun toghether like so many pigs in a hogsty.
I cannot ever forget the kindness of the inhabitants to us who brought
us in blankets and clean linnen. Dr. Garden and I, who have been
inseparable companions in this doleful progresse, lay toghether in a
Corner and were easie, and resolved by God's grace to suffer the worst
could befall us with ane undaunted courage. Wee were sigularly obliged
to Mrs. McKeinzie's kindness and the rest of the town's people.
REV. JOHN ALEXANDER'S LETTER, 1716. 125
I kept still with me being so infirm in my health by reason of a late
smart fit of the gravel I had in the prison of Abd., and so we took
journey Wm. Rail's horse, but the rest of the gentlmen were very ill
appointed, riding all the way from Stonehive to Montrose qr we Came
fridyes night, upon pitiful work-beasts of horse, without saddle or bridle
upon sods &c.
The honest, worthy doctor this days march was very ill appointed,
riding upon a wretched animal without sadle or bridle, only wt a halter.
When we came to Montrose about four afternoon, we were detained
on horseback at Crosse a long long hour ere we were ordered to our jail,
the whole town and wondering Crowd gazing upon us, some God forgive
Them laughing and flouting at us, but the greatest part wringing their
hands and shedding vollies of tears for us, at length, tho' they had ane
upper prison, we were condemned, as if we had been the worst of
Malefactors to a low dungeon, where we were so crowded, that we had
scarce room to sit or stand, and no thing allowed us to sit down upon,
and a long time ere we could have any to clean or sweep the hole. We
got in some Litter and lay at night (before) the good people of the Town
bringing us in plaids and Linnen. The people of the Town, especially
the good women, to whom we have been inexpressibly beholden all the
road, thronged in and visited us, and suffered us to want no thing was
proper for us. Here all the prisoners had plenty of provisions sent them.
Saturday, Aprile 7th. Wee came at night to Aberbroth, qr wee were
yet worse used, thrust in to the worst jail I think in the kingdom twenty
one of us in number a nasty filthy hole qr we had nothing to sit upon,
but an old bier upon wh they carry out prisoners and poor people to the
grave. Here we were kept five long hours ere we could have either meat
or drink, though we had fasted all the day. Yet even here our good God
did not forsake us, but stirred up the Compassion of a deal of good
women who sent us in some bottles of ale and furnished us with bed-
cloathes parteclie we were bound to Dr. Burnett's wife sister Mrs. Reid,
who was very kind to us.
Sunday, Aprile 8th. We travelled to Dundee, and came there about
the ringing of the last bell to afternoon preaching. We were held upon
the street a long hour, the and derision of the whiggish mob of
that town, and at last put in prison, the best I believe in the nation, qr
we had a large gallerie to walk in, and got in bedding. Here the good
126 REV. JOHN ALEXANDER
women and Citizens showed a deal of Kindness. I here again turned
very unwell and was seized with a most racking fit of the collide, but
praised be God, after midnight I turned wonderful easier. Here we
stayed Monday all day wh rested us.
Tuesday, Aprile loth. We travelled to Cupar in Fife and there we
met with Coupar justice indeed ! after a deal of indignities and insulting
over us, by the ill natured mob qll we waited at the Crosse. We were
thrust into the nastiest and narrowest vaults imaginable. Our troup of
prisoners being now become very numerous by the accession of a deal of
Angus gentlemen and other three Clergiemen, viz 1 . one Mr. Elphinston,
Chaplain to My lady Strathmore at Longforgan, and one Mr. Lindsay,
min r at Carriston, and one Mr. Lyon, but he was kept behind, being
Libelled by the presbytrie of Dundee, and was to become a Sacrifice to
yr rage. Mr. Lindsay a min r was pushed and driven here into a hole
the keeper of the prisone who has served yr for 7 years protesting he had
never seen man put yr before and qr he and a great many others
hungered. Here we had like to be stiffled for want of air, and with
stench, and pinched with hunger and thirst ere we could get anything in,
which was only through a Grate. After all here God stirred up a deal of
good women who made a shift to get us in something to lye upon and to
eat. I was partarlie obliged to poor Andrew Chaplain's wife, who was
one of those three that sheltered at my house a night. She is a very
discreet, honest woman, and afforded me and Dr. Garden plaids to lye in.
Wedensday. Wee were carried to Kirkaldie, through all the litle
towns of fife on the rode as a Rareeshew. And here I must thankfully
owne to the Comendation of that place qr we looked for the worst of
treatment yt the Magistrals treated us most civillie, allowing us yr Town
Council House a very sweet, large, well-lighted room to lodge in all night,
and brought in to us meat and drink in abundance. This was like a
Resurrection to us.
Thursday. We crosst the forth, at Kinghorn. I sent for my son
Mr. Charles, who came to me at Kirkaldie and is very well. Our meeting
toghether was Melancholy enough. He convoyed me to the boat. The
lairds and Gentlemen throng'd about us at Kinghorn and treated us
handsomely.
About 3 o'clock we landed at Leith, amidst a vast concourse of people,
and were forced up on foot to travel up from Leith to Edr., driven on
TO HIS WIFE, 1716. 127
like so many Sacrifices, allowing us no time to halt for breath, I must say
with my crippled Leg, I thought never to have got it done, but to have
sunk under it, but God supported and strengthened me. We were brought
through Leith Wind and up the High Street to the Mainguard, the whole
town viewing us,a glorious parade and triumphle band, while a great(manyp)
more could hardly be kept from rabbling our guard, at the uncouth and
Lamentable sight. From the mainguard we were ordered to march back
down the Canongate where a deal of the gentlemen came with us were
put into that prison others and among them wee of the Clergie were
with the gentlemen who voluntarly surrendered, put into Winton House
in the Canongate, where we of the Clergy had a room by ourselves, 5 of
us toghether, high and well aird, with a window to the Fore Street.
Since our arrival here, we have been (incessantly) thronged with visits
of the high quality, and all expressed a very wonder of our sufferings
and offer us all sort of kindnesse.
Wee have got in very good bedding and our accommodation here is
Gentle.
Thus, my dear, I have given you a short account of our progresse
how long we may stay here God knows, for reports about us are very
various, but it appears we are not like to get out in hast. However
I hope all shall be well. Our friends expect ane indemnity very shortly,
and all here, even the very presbyterians themselves that are any ways
Moderate and conscientious, condemn the present severities, especially
the indignities put upon the Clergie. I cant expresse the kindness I have
met with here from strangers I never saw before, whose hearts God has
moved to do me favour its not proper at present to mention, but I shall
ever have a grateful resentiment of. All I have more to add is that at
present I am in good health and in good company, and our Guard being
now English are very civil and courteous. God be thanked we are once
got out of the hands of Swiss and Dutch, Deliver me and all good men
from such harassment as we have suffered from their boisterous officers.
There will be nothing more acceptable to me than to hear that you
take the present dispensation Christianly, and that you tender your
health and look well to your affairs, till it shall please the Lord to send
me Delivrance that what is designed for my ruine, it please my Heavenly
Father to turn to my good and temporal advantage, I am hopeful by His
grace, it shall be to my Spiritual and eternal and I must say it, to the
128 REV. JOHN ALEXANDER'S LETTER, 1716.
praise of His Name, I have had more inward Comfort and satisfaction
during all my imprisonment and seemingly saddest hours than ever
before I felt in the greatest abundance of outward enjoyment and were
it not upon your account and my dear children, I am very indifferent as
to anything they can do unto me.
God give you and me both more patience and resignation to God's
will ! I sent discharges to George Patrie, Anent my @nt owing me by
Factor of Lismore, but I got not a farthing of it. I yr forward for your
present necessaries, till God provide further. My blessing to you and all
my children and loved Parishioners.
Let me hear from you.
I am, to death, yours
JOHN ALEXANDER.
XIV.
INSTRUCTIONS TO LORD ROTHES.
INSTRUCTIONS to our ryt trustie and ryt weell beloved Cousen Jo.
earl of Rothess whom Wee have apointed Lord Livtenent of
the Shyre of Abd.
Sic subscribitur G. R.
Given at our Court at St. James the 6th of
Julie 1716 and 2d yeir of our reign.
You are forthwith to name and constitut propper persons to be ycf
deput livtenents taking cair that the number of the sd. deput livtenents
be from 6 to 12 (and no mor) in proportione to extent of the shyre qroff
you are livtenent.
2. You are not to apoint anie officier to be a deput livtenent who is
under degrie of a major or captain of a troup.
3 r . You are lykways forthwith to name and constitut such a number
of officiers in ther respective ranks, as is proportionable to the fensible
men w'in the sd. Shyre, qch cane w l ease and w'out great interruption to
ther ordinarie occupations, be assembled, and in order to this, you may
have some regaird to the numbers of the militia of Scotland, bot not
such as to restraine you from making such deviations from it, as from the
circumstances of the Shyre, qroff you are livtenent, may appeir to you
to be propper and usefull to the goverment. In regaird y l all the fensible
men are bound by law to obey you as ther livtenent in defence of the
kingdome.
4 to . You are to observe the outmost precautione and impartialitie in
nameing yo r deputie livtenents and officiers, so y l they may not onlie be
the most capable bot lykeways, those who are and have been of the
greatest and most known zeall, befor our accession to the croune, for the
S
130 INSTRUCTIONS TO LORD ROTHES, 1716.
protestant succession as established by Law, such onlie being to be
trusted w l defence of our person and goverment, qho have been allwayes
reddie to manteen the protestant religion and ther oun liberties.
S to . You are lykways to take caire in naming yo r deput livtenents
and officiers so as to avoid and prevent anie differences or competitions
betwixt the heritors, qch may not onlie produce manie difficulties in the
trust reposed in you, bot may be preiudiciall and disadvantagious to our
service.
6 to . You are at all tymes to avoid the sumonding, calling out,
assembling disciplining or arming anie of the fencible men or heritors
concerning whom ther may be anie doubt as to y r affection to our
goverment
7 mo . You are to take caire y* each battalion consist of a collonell
livt. collonell, major qho shall have no companies, ten captains, ten
livtenents, ten ensigns, 20 sergeants, 20 corporalls, 10 drumers, one
agitant and a quarter master, and 400 privat men.
9 mo . You are to take cair to form all the fencible men qhom you
shall be fullie convinced to be weell affectionat to our goverment into
Battallions and squadrons, according to the methods above mentioned,
and in caice of anie rebellion, or forraign invasion you are imeditatly to
assemble them, and you are also in this caice to observe such directions
as you shall receave from the commander in cheiff for the tyme being in
Scotland.
io mo . In caice of the Junction of the fencible men of militia of mor
Shyrs or Stewarties then one the livtenents shall have the command by
the day allternativlie, and the livtenent of the Shyre or Stewartrie qch
stood first in the rolls of parliament in Scotland shall have the first dayes
comand, and so on in y' order so long as the livtenents continue in
conjunction.
n rao . You are on all occasions to execut this trust reposed in you
with als litle expensses to our subjects as is possible.
Sic subscribitur G : R :
XV.
REPORT, &c, RELATING TO THE HIGHLANDS, 1724.
May it please Your Majesty.
In Obedience to Your Majesty's Commands and Instructions under
your Royal Sign Manual bearing date the 3d Day of July 1724,
Commanding me to go into the Highlands of Scotland, and narrowly
to inspect the present Situation of the Highlanders, their Customs,
Manners and the State of the Country in regard to the Robberies and
Depredations said to be Committed in that part of your Majesty's
Dominions ; As also to make strict and particular enquiry into the effect
of the last Law for Disarming the Highlanders and for securing your
Majesty's Loyal and faithful Subjects, represented to be left Naked and
Defenceless by paying due obedience thereto ; And to inform Your
Majesty of all other particulars contained in the said Instructions, and
how far the Memorial delivered to Your Majesty by Simon Lord Lovat
and his Remarks thereupon are founded on Facts, and the present
Practices of those People ; And whether the Remedies mentioned therein
may properly be applied for preventing the Several Grievances, Abuses,
and Violences complained of in the said Memorial. Your Majesty has
farther been pleased to Command me to make such Enquirys and
endeavour to get such Information, relating to the several particulars
above mentioned as may enable me to suggest to your Majesty, such
other Remedies as may conduce to the Quiet of your Faithful Subjects
and the good Settlement of that part of the Kingdom.
The Day after I received your Majesty's Instructions I proceeded on
my Journey, and have Travelled through the greatest and most uncivilized
Parts of the Highlands of Scotland ; And humbly beg leave to lay before
Your Majesty the following Report, which I have collected as well from
132 GENERAL WADE'S FIRST REPORT
my own Observations, with all Faithfulness and Impartiality, as from the
best Informations I could procure during my Continuance in that part of
the Country.
The Highlands are the Mountainous Parts of Scotland, not defined
or described by any precise Limits or Boundaries of Counties or Shires
but are Tracts of Mountains in extent of Land, more than one half of
the Kingdom of Scotland ; and are for the most part on the Western
Ocean, extending from Dumbarton to the North End of the Island of
Great Britain, near 200 Miles in length, and from about 40 to 80 Miles
in breadth. All the Islands on the West and North West Seas are
called Highlands as well from their Mountainous Situation, as from the
Habits, Customs, Manners and Language of their Inhabitants. The
Lowlands are all that part of Scotland on the South of Forth and Clyde,
and on the East side of the Kingdom from the Firth of Edinburgh to
Caithness near the Orkneys is a Tract of Low Country from 4 to 20
Miles in Breadth.
The Number of Men able to carry Arms in the Highlands (including
the Inhabitants of the Isles) is by the nearest Computation about 22,000
Men, of which Number about 10,000 are Vassals to the Superiors well
affected to Your Majesty's Government; most of the remaining 12,000
have been engaged in Rebellion against Your Majesty, and are ready,
whenever encouraged by their Superiors or Chiefs of Clans, to create
new Troubles and rise in Arms in favour of the Pretender.
Their Notions of Virtue and Vice are very different from the more
civilized part of Mankind. They think it a most Sublime Virtue to pay
a Servile and Abject Obedience to the Commands of their Chieftans,
altho' in opposition to their Sovereign and the Laws of the Kingdom,
and to encourage this, their Fidelity, they are treated by their Chiefs
with great Familiarity, they partake with them in their Diversions, and
shake them by the Hand wherever they meet them.
The Virtue next to this, in esteem amongst them, is the Love they
bear to that particular Branch of which they are a part, and in a Second
Degree to the whole Clan, or Name, by assisting each other (right or
wrong) against any other Clan with whom they are at Variance, and
great Barbarities are often committed by One, to revenge the Quarrels
of Another. They have still a more extensive adherence one to another
as Highlanders in opposition to the People who Inhabit the Low Countries,
ON STATE OF HIGHLANDS, 1724. 133
whom they hold in the utmost Contempt, imagining them inferior to
themselves in Courage, Resolution, and the use of Arms, and accuse
them of being Proud, Avaricious, and Breakers of their Word. They
have also a Tradition amongst them that the Lowlands were in Ancient
Times, the Inheritance of their Ancestors, and therefore believe they
have a right to commit Depredations, whenever it is in their power to
put them in Execution.
The Highlanders are divided into Tribes or Clans, under Lairds, or
Chieftans (as they are called in the Laws of Scotland), each Tribe or
Clan is subdivided into little Branches sprung from the Main Stock, who
have also Chieftans over them, and from these are still smaller Branches
of Fifty or Sixty Men, who deduce their Original from them, and on
whom they rely as their Protectors and Defenders. The Arms they
make use of in War, are, a Musket, a Broad Sword and Target, a Pistol
and a Durk or Dagger, hanging by their side, with a Powder Horn and
Pouch for their Ammunition. They form themselves into Bodies of
unequal Numbers according to the Strength of their Clan or Tribe,
which is Commanded by their Respective Superior or Chieftan. When
in sight of the Enemy they endeavour to possess themselves of the
highest Ground believing they descend on them with greater force.
They generally give their fire at a distance, they lay down their Arms
on the Ground and make a Vigorous Attack with their Broad Swords,
but if repulsed, seldom or never rally again. They dread engaging with
the Cavalry and seldom venture to descend from the Mountains when
apprehensive of being charged by them.
On sudden Alarms, or when any Chieftan is in Distress, they give
Notice to their Clans or those in Alliance with them, by sending a Man
with what they call the Fiery Cross, which is a Stick in the form of a
Cross, burnt at the End, who send it forward to the next Tribe or Clan.
They carry with it a written Paper directing them where to Assemble ;
upon sight of which they leave their Habitation and with great Expedi-
tion repair to the place of Rendezvous, with Arms, Ammunition and
Meal for their Provision.
I Presume also to Represent to Your Majesty, that the Manners and
Customs of the Highlanders, their Way of Living, their Strong Friend- ; ( ,
ships, and Adherence to those of their own Name, Tribe and Family,
their blind and Servile Submission to the Commands of their Superiors
134 GENERAL WADE'S FIRST REPORT
and Chieftans, and the little Regard they have ever paid to the Laws of
the Kingdom, both before and since the Union, are truely set forth in
the Lord Lovat's Memorial, and other Matters contained in the said
Paper, which Your Majesty was pleased to direct should be put into my
Hands to peruse and Examine.
The Imposition mentioned in that Memorial commonly called the
Black Meal is levyed by the Highlanders on almost all the Low Country
bordering thereon. But as it is equally Criminal by the Laws of Scotland
to pay this Exaction or to Extort it, the Inhabitants to avoid the Penalty
of the Laws, agree with the Robbers, or some of their Correspondents
in the Lowlands to protect their Horses and Cattle, who are in effect but
their Stewards or Factors, and as long as this payment continues, the
Depredations cease upon their Lands, otherwise the Collector of this
Illegal Imposition is obliged to make good the loss they have sustained.
They give regular Receipts for the same Safe Guard Money, and those
who refuse to submit to this Imposition are sure of being Plundered,
their being no other way to avoid it but by keeping a constant Guard of
Armed Men, which, altho' it is sometimes done, is not only illegal, but a
more expensive way of securing their property.
The Clans in the Highlands, the most addicted to Rapine and
Plunder, are, the Cameron's on the West of the Shire of Inverness.
The Mackenzie's and others in the Shire of Ross who were Vassals to
the late Earl of Seaforth, the McDonell's of Keppoch, the Broadalbin
Men, and the McGregors on the Borders of Argyleshire. They go out
in Parties from Ten to Thirty Men, traverse large Tracts of Mountains
till they arrive at the Lowlands where they Design to Commit Depreda-
tions, which they chuse to do in places distant from the Clans where they
Inhabit ; They drive the Stolen Cattle in the Night time, and in the Day
remain on the Tops of the Mountains or in the Woods (with which the
Highlands abound) and take the first occasion to sell them at the Fairs
or Markets that are annually held in many parts of the Country.
Those who are robbed of their Cattle (or Persons employ'd by them)
follow them by the Tract and often recover them from the Robbers by
Compounding for a certain sum of Money agreed on, but if the Pursuers
are Armed and in Numbers Superior to the Thieves and happen to seize
any of them, they are seldom or never prosecuted, the poorer sort being
unable to support the charge of Prosecution.
ON STATE OF HIGHLANDS, 1724. 135
They are likewise under the Apprehension of becoming the Object
of their Revenge, by having their Houses and Stacks burnt, their Cattle
stolen or hockt, and their Lives at the Mercy of the Tribe or Clan to
whom the Banditti belong. The Richer sort (to keep, as they call it
good Neighbourhood) generally compound with the Chieftan of the
Tribe or Clan, for double Restitution, which he willingly pays to save
one of his Clan from Prosecution, and this is repaid him by a Contribu-
tion from the Thieves of his Clan, who never refuse the payment of their
proportion to save one of their own fraternity. This Composition is
seldom paid in Money, but in Cattle stolen from the opposite side of the
Country to make reparation to the Person injured.
The Chiefs of some of these Tribes never fail to give Countenance / /
and Protection to those of their own Clan ; and tho' they are taken and //
committed to Prison, by the Plantiff (who is) better satisfied than if the
Criminal was Executed, since he must (be) at the Charge and Trouble of a
tedious dilatory and expensive Prosecution ; and I was assured by one who
annually attended the Assizes at Inverness for four Years past, that there
had been but one Person Executed there by the Lords of Justiciary and
that (as I remember) for Murder, tho' that Place is the Judicature, in
Criminal Cases, for the greatest part of the Highlands of Scotland.
There is another Practise used in the Highlands, by which the Cattle
stolen are often recovered, which is, by sending Persons to that part of
the Country most suspected and making an offer of a Reward (which
the Highlanders call Tascal-Money) to any who will discover the Cattle
and the Persons who stole them by the temptation of the Reward and
promise of Secrecy, discoveries were often made and Restitution obtained.
But to put a Stop to a practice they thought an injury to the Tribe, the
whole Clan of the Camerons (and others since by their Example) bound
themselves by Oath never to take Tascal-Money, nor to inform one
against the other. This they take upon a Drawn Durck or Dagger, j ,
which they kiss in a Solemn manner and the Penalty declared to be due
to the said Oath, is, to be stabbed with the same Dagger. This manner
of Swearing is much in practice on all other occasions, to bind themselves
one to another that they may with more security exercise their Villany,
which they imagine less Sinful than the Breach of that Oath, since they
commit all sorts of Crimes with impunity, and are so severely punished
if forsworn. An instance of this happened in Decem r . 1723, when one
136 GENERAL WADE'S FIRST REPORT
of the Clan of the Camerons suspected to have taken Tascal-Money,
was in the Night time called out of his Hut from his Wife and Children
and hanged up near his own Door. Another of that Tribe, was, for the
same Crime (as they call it) kept a Month in the Stocks and afterwards
privately made away with.
The Encouragement and Protection given by some of the Chiefs of
Clans is reciprocally rewarded by giving them a share of the Plunder,
which is sometimes one half or two thirds of what is stolen. They
exercise an Arbitrary and Tyrannical power over them ; They determine
all disputes and differences that happen among their Vassals, and on
extraordinary occasions such as the Marriage of a Daughter, the building
of a House, or any other pretence for the support of their Chief, or
honour of the Name, he Levies a Tax on the Tribe ; to which Imposition,
if any one refuse to contribute, he is sure of the severest Treatment or
at best to be cast out of the Tribe. And it is not to be wonder'd that
those who submit to this Servile Slavery, will, when Summoned by their
Superiors, follow them into Rebellion.
To remedy these Inconveniences there was an Act of Parliam'.
passed in the Year 1716 for the more effectual securing the Peace of the
Highlands in Scotland, by Disarming the Highlanders, which has been
so ill executed, that the Clans the most disaffected to Your Majesty's
Government remain better Armed than ever, and consequently more in a
Capacity not only of committing Robberies and Depredations, but to
be used as Tools or Instruments to any Foreign Power or Domestic
Incendiaries who may attempt to disturb the Peace of your Majesty's
Reign. By this Act the Collectors for Taxes were impowered to pay
for the Arms delivered in, as they were Valued by Persons appointed for
that Service in the respective Countries, but as the Government was to
support the Charge, they did scruple to Appraise them at a much higher
rate than their real worth, few or none being delivered up except such as
were broken and unfit for Service ; And I have been informed that from
the time of passing that Act, to the time it was put in execution, great
Quantities of broken and useless Arms were brought from Holland and
delivered up to the Persons appointed to receive the same at exorbitant
prices.
The Spaniards who landed at Castle Donnan in the Year 1719 brought
with them a great Number of Arms: They were delivered to the Rebellious
ON STATE OF HIGHLANDS, 1724. 137
Highlanders who are still possessed of them, many of which I have seen
in my passage through that Country, and I judge them to be the same
from their peculiar make, and the fashion of their Locks. These and
others now in their Possession by a Moderate Computation are supposed
to amount to 5 or 6,000, besides those in the Possession of the Clans who
are in YourMajesty's Interest,provided as they alledge, for their owndefence.
The Legislature in Scotland before the Union of the Kingdoms have
ever considered the Highlands in a different State from the rest of the
Nation, and made peculiar Laws for their Government under the severest
Penalties. The Chieftans of Clans were obliged to send their Children
or nearest Relations to Edinburgh as Hostages for the good behaviour
of their respective Clans, and in default they might by the Law be put
to death.
The Clans and Tribes who lived in a State of Anarchy and Confusion
(as they seem to be in at this present time) were, by the very Words of
the Act of Parliament to be pursued with Fire and Sword, but as the
Execution of the Laws relating to the Highlands was under the care of
the Privy Council of Scotland (now no longer Subsisting, who by Act of
Parliam 1 . were obliged to sit the first Day in every Month for that
purpose) it often happen'd that Men of great Power in the Highlands
were of the said Council, who had no other way of rendering themselves
considerable than from their Numbers of Armed Men, and consequently
the less Zealous in putting the Laws in Execution against them. The
Independent Companies raised by King William not long after the
Revolution reduced the Highlanders into better order than at any time
they had been in since the Restauration. They were composed of the
Natives of the Country, inured to the fatigue of Travelling the Mountains,
lying on the Hills, wore the same Habit and spoke the same Language ;
but for want of being put under proper Regulations, Corruptions were
introduced, and some who Commanded them, instead of bringing
Criminals to Justice (as I am informed) often compounded for the Theft
and for a Sum of Money set them at Liberty. They are said also to have
defrauded the Government by keeping not above half their Numbers in
constant Pay ; which, as I humbly conceive, might be the reason Your
Majesty caused them to be disbanded.
Your Barracks were afterwards built in different parts of the High-
lands, and Parties of the Regular Troops under the Command of Highland
T
138 GENERAL WADE'S FIRST REPORT
Officers, with a Company of 30 Guides (Established to conduct them
through the Mountains) was thought an effectual Scheme, as well to
prevent the rising of the Highlanders disaffected to Your Majesty's
Government, as to hinder the Depredations on your faithful Subjects.
It is to be wished that during the Reign of Your Majesty and your
Successors, no Insurrections may ever happen to experience whether the
Barracks will effectually answer the end proposed ; yet I am humbly of
opinion ; That if the number of Troops they are built to contain, was
constantly Quartered in them (whereas there is now in some but 30 Men)
and proper Provisions laid in for their support during the Winter Season,
they might be of some use to prevent the Insurrections of the Highlanders ;
Though as I humbly conceive, (having seen them all) that two of the four
are not built in as proper Situations as they might have been.
As to the Highland Parties, I have already presumed to represent to
Your Majesty the little use they were of in hindering Depredations, and
the great sufferings of the Soldiers employed in that Service, upon which
your Maty was Graciously pleased to Countermand them.
I must further beg leave to Report to your Majesty that another
great Cause of Disorders in the Highlands, is the want of proper Persons
to execute the several Offices of Civil Magistrates, especially in the Shires
of Ross, Inverness and some other parts of the Highlands. The Party
Quarrels and violent Animosities amongst the Gentlemen (equally well
affected to Your Majesty's Government) I humbly conceive to be one
great Cause of this Defect. Those who were in Arms for your Majesty,
who raised a Spirit in the Shire of Inverness and recovered the Town of
that Name from the Rebells (their Main Body being then at Perth)
Complain, that the Persons employed as Magistrates over them have
little Credit or Interest in that Country, and that three of Deputy
Sheriffs in those parts were Persons actually in Arms against your
Majesty at the time of the late Rebellion which (as I am credibly
informed) is true. They likewise complain, that many of the most
considereable Gentlemen are left out in the Commissions of Lord
Lieutenants, Deputy Lieutenants, Sheriffs, &c. And I take the liberty
to observe that the want of acting Justices of the Peace is a great
encouragement to the Disorders so frequently committed in that part of
the Country, there being but one, residing as an acting Justice for the
Space of above a hundred Miles in Compass.
ON STATE OF HIGHLANDS, 1724. 139
Your Majesty's Commands requiring me to examine into the State
and Condition of the late Earl of Seaforth's Estate, engaged me to go to
the Castle of Brahan his principal Seat, and other parts of the said
Estate, which for the most part is Highland Country, and extends from
Brahan to Kintail on the Western Coast, being 36 Miles in length and
the most Mountainous part of the Highlands ; The whole Isle of Lewis
was also a part of the said Earl's Estate. The Tennants before the late
Rebellion were reputed the richest of any in the Highlands, but now are
become poor by neglecting their business and applying themselves
wholly to the use of Arms. The Rents continue to be levied by one
Donald Murchieson a Servant of the late Earl's who annually remits
(or carries) the same to his Master into France.
The Tennants when in a Condition are also said to have sent him
free Gifts in proportion to their several Circumstances but are now a
year and a half in Arrear of Rent. The Receipts he gives to the
Tenants are, as Deputy Factor to the Commissioners of Forfeited
Estates, which pretended Power in the year 1721 he extorted from the
Factor appointed by the said Commissioners to Collect those Rents for
the use of the Publick, whom he attacked with above 400 Arm'd Men as
he was going to enter upon the said Estate ; having with him a Body of
30 of Your Majesty's Troops. The last year this Murchieson travell'd
in a Public manner to Edinburgh to remit 800 to France for his Master's
use, and remained there fourteen Days unmolested.
I cannot omit observing to Your Majesty ; this National tenderness
your Subjects of North Britain have one for the other, is great encourage-
ment to the Rebells and attainted Persons to return home from their
Banishment.
Before I conclude this Report, I presume to observe to your Maty
the great Disadvantages Regular Troops are under when they engage
whh those who Inhabit Mountainous Situations. The Serennes in
France, and Catalans in Spain, have in all times been Instances of this
Truth. The Highlands of Scotland are still more impracticable, from
the want of Roads, Bridges, and from excessive Rains that almost
continually fall in those parts, which by Nature and constant use become
habitual to the Natives, but very difficultly supported by the Regular
Troops. They are unacquainted with the Passages by which the
Mountains are traversed, exposed to frequent Ambuscades, and Shots
140 GENERAL WADE'S FIRST REPORT
from the Tops of the Hills which they return without effect, as it
happened at the affair of Glenshiels, where the Rebells lost but one Man
in the (sic) tho' a Considerable number of Your Majesty's Troops were
killed and wounded.
I have endeavoured to Report to your Majesty as true and impartial
an Account of the several particulars required by my Instructions, as far
as I have been able to Collect them during my short continuance in the
Highlands, and, as Your Majesty is pleased to Command me, presume
to offer my humble opinion of what I conceive necessary to be done
tow ds establishing Order in those Parts, and reducing the Highlands to
a more due Submission to Your Maty's Government.
PROPOSAL.
i.
That Companies of such Highlanders as are well affected to his
Majesty's Government be Established, under proper Regulations and
Commanded by Officers speaking the Language of the Country, subject
to Martial Law and under the Inspection and Orders of the Governors
of Fort-William and Inverness, and the Officer Commanding his Maty's
Forces in those Parts.
The Expence of these Companies which may in the whole consist of
250 or at most 300 Men, may be answered by reducing one Man p Troop
and Company of the Regular Forces.
2.
I
That the said Companies be employed in Disarming the Highlanders,
preventing Depredations, bringing Criminals to Justice, and hinder Rebells
and Attainted Persons from inhabiting that part of the Kingdom.
That a Redoubte or Barrack be erected at Inverness, as well for
preventing the Highlanders descending in the Low Country in time of
Rebellion, as for the better Quartering his Maty's Troops, and keeping
them in a Body sufficient to prevent or Subdue Insurrections.
ON STATE OF HIGHLANDS, 1724. 14!
4-
That in order to render the Barrack at Killihniman of more use than
I conceive it to be of at present (from its being situate at too great a
distance from Lake Ness) a Redoubte be built at the West End adjoining
to it, which with the said Barrack may be able to contain a Batallion of
Foot, and a Communication made for their mutual support, the space of
Ground between one and the other being less than 500 Yards. This
appears to be more necessary from the Situation of the Place, which is
the most Centrical part of the Highlands, a considerable Pass, equally
distant from Fort-William and Inverness, and where a Body of 1000
Men may be drawn together from these Garrisons in twenty-four hours,
to suppress any Insurrections of the Highlanders.
5-
That a small Vessel with Oars and Sails be built on the Lake Ness,
sufficient to carry a Party of 60 or 80 Soldiers and Provisions for the
Garrison, which will be a Means to keep the Communication open
between that place and Inverness and be a safe and ready way of sending
Parties to the Country bordering on the said Lake, which is Navigable
for the largest Vessels. It is 24 Miles or more in length, and a Mile or
more in breadth, the Country being Mountainous on both sides.
6.
That the Governors, or such as his Majesty is pleased to appoint to
Command at Fort-William, Inverness, or Killihnimen, till the Peace of
the Highlands is better Established, be required to reside at their
respective Stations, and to give an Account of what passes in that
Country to the Commander in Chief of the Forces in Scotland, and to
such other whom his Majesty is pleased to appoint.
7-
That Inspection be made into the present Condition of the Garrisons
and Castles in North Britain, and necessary Repairs made, to secure them
from the danger of a Sudden Surprize, and more especially the Castle of
Edinburgh, which remains exposed to the same attempt as was made on
it in the Year 1715, their being nothing effectually done to it since that
142 GENERAL WADE'S FIRST REPORT
time, for the" Security of that important place, on which depends not
only the Safety of the City, but of all that part of the Kingdom.
8.
That a Regiment of Dragoons be ordered to Quarter in the Low
Country between Perth and Inverness (when Forrage can be provided
for their Support) which will not only hinder the Highlanders descending
into that Country from the apprehensions they are under of engaging
with Horse, but may be a means to prevent the Landing of small Bodies
of Troops that may be sent from Foreign parts to invade that part of
the Kingdom, or encourage the Highlanders to Rebellion.
9-
That for the support of the Civil Government proper Persons be
nominated for Sheriffs and Deputy Sheriffs in the Highland Counties,
and that Justices of the Peace and Constables be Established in proper
Places with small Salaries allowed them for the Charge they say they are
(of necessity at) in seizing and sending Criminals to distant Prisons ;
and that Quarter Sessions be punctually kept at Killihnimen, Ruthven in
Badenoch and Fort- William, and if occasion should require at Bernera
near the Coast of the Isle of Skye.
10.
That an Act of Parliam 1 be procured effectually to punish the
Highlanders inhabiting the most uncivilized parts of the Country, who
carry or conceal in their Dwellings, or other Places, Arms contrary to
Law ; and as the Penalty of a Fine in the former Act has never been
(or from their Poverty can never be) levied, it is hoped the Parliam 1 will
not Scruple to make it Felony or Transportation for the first Offence.
II.
That an Act of Parliam' be procured impowering the Heretors and
Freeholders in every County to assess themselves Yearly, not exceeding
a definite Sum, to be applied by the Commissioners of the Land Tax
and Justices of the Peace for defraying the Charges of apprehending
prosecuting and Maintaining of Criminals while in Goal ; For, as the
Prosecutor is now to defray the Charges it is not to be wondered at that
ON STATE OF HIGHLANDS, 1724. 143
so few of them have been brought to Justice, and so many Malefactors
escaped with Impunity.
All which is most humbly Represented and Submitted to Your
Majesty's Royal Consideration.
(signed) GEORGE WADE.
London, loth Decem r 1724.
THE UNDERWRITTEN CLANS OR TRIBES were engaged in the late
Rebellion, most of them are Armed and commit Depredations.
The Mackenzies and the small Clans viz*, the Mcras, McLennans,
Murchiesons and the McLeods of North Assynt, the Mclays in-
habiting the Countries belonging to the late Lord Seaforth, and all
the Gentlemen and others of the Name of Mackenzie in the Main
Land and Isle of Lewis in Ross and Sutherland Shires.
The McLeods and others of Glenelg in the Isle of Skye, and the Harris
in the Shire of Inverness.
The McDonels and others of Slate or Skye and North Uist in the Shire
of Inverness.
The McDonels and others of Glengary, Abertarff, and Knoidart in
Inverness-shire
The McDonels and others of Moidart, Arisaig, Muick, Canna, South
Uist in Inverness and Argyleshires.
The Camerons of Lochiel in Inverness-shire.
The Camerons of Ardnamurchan, Swin and Morvine in Argyleshire,
and the other small Tribes in those Countries.
The McDonels of Keppoch and others in that part of Lochaber belonging
to Mcintosh of Borlum in Inverness-shire.
The Stewarts of Appine and others in that Country in Arglyeshire.
The McLeans in Mull, Rhume, Coll, Morvine, Ardnamurch and Swinard
in Argyleshire.
The several Clans in that part of Lochaber belonging to the Duke of
Gordon, in Inverness-shire, and those in Murray and Banffshires.
The McPhersons in Badenoch in the Shire of Inverness.
The McNeils of Barra in Argyleshire.
The Mcintoshes and other Tribes of that Name in Inverness-shire.
The Robertsons belonging to Strowan in Perthshire.
144 GENERAL WADE'S FIRST REPORT
THE UNDERWRITTEN CLANS belong to Superiors well affected to
His Majesty. Men able to bear Arms.
The Duke of Argyle 4000
Lord Sutherland and Strathnaver . . . 1000
Lord Lovat . . . Frazers .... 800
The Grants .,- 800
The Ross's and Monro's 700
Forbes of Culloden 200
Ross of Kilravock 300
Sir Arch d . Campbell of Clunis .... 200
.. .A, if..*- 7~
8000
THE TWO CLANS UNDERWRITTEN, for the most part went into the
Rebellion in 1715 without their Superiors.
The Athol Men . "^ " "V .'. "' . . ''"'. 2000
The Broadalbin Men , 1000
3000
THE CLANS UNDERWITTEN were in the late Rebellion, and arc still
supposed to be disaffected to his Majesty's Government.
Men able to bear Arms.
The Tribes and Clans of the late L d . Seaforth . . 3000
Macdonel's of Slate . "?'*" ? 1000
Macdonel's of Glengary '', '" . . . . 800
Macdonel's of Moidart . ' . . . 800
Macdonel's of Keppoch .'"'. . . . . 220
Lochiel . . . Camerons 800
The McLeod's in all . . , . . . 1000
Duke of Gordon's followers "'"." . . . 1000
Stewart's of Appine ' . "" . . . 400
Robertson's of Strowan . . . . . 800
Mcintoshe's and Farquharsons .... 800
McLeans in the Isle of Skye "". . . . 150
Chisholms of Strathglass 150
McPhersons . ;.. ' . . . . 220
11,140
ON STATE OF HIGHLANDS, 1724. 145
ROMAN CATHOLICKS in the Highlands.
The late Earl of Seaforth but none of his followers except the Lairds
Mackenzie of Kilewn, and Mackenzie of Ardloch ; the first has
power over the Inhabitants of the Isle of Lewis and the latter over
those who inhabit near Coigach and Loch Broom, which is in the
North part of Seaforth's Country.
Chisholm of Strathglass and his Clan are Roman Catholicks.
Most of Glengary's Tribe are Roman Catholicks but he himself is not.
McDonald of Moidart and many of his Clan are Roman Catholicks.
McLeod of Barra and his Tribe are Roman Catholicks.
The Duke of Gordon and the most considerable of his followers are
Roman Catholicks.
LIST of the most Considerable Gentlemen who are well affected to
his Majesty's Government who inhabit and have Estates in the Counties
under mentioned.
Mr. Brodie, Member of Parliament.
Mr. Ross of Kilravock.
MURRAY
Laird of Grant, Member of Parliam 1 .
Sir Harry Innes.
Mr. Duff of Brachan.
{Mr. Ross, Junior.
Mr. Brodie of Brodie.
Mr. Forbes of Culloden, Mem r . of Parliam 1 .
( The Laird of Grant.
INVERNESS . . I The Lord Lovat.
* Mr. Forbes of Culloden.
Mr. Ross of Kilravock.
Col. Munro, Member Parliam'.
General Ross.
Mr. Munro of Culcairn.
( Mr. Ross of Kilravock.
CROMARTY . . ] _. TTr . ,, , r n ,
\ Sir Wm. Gordon, Member of Parliam 1 .
SUTHERLAND . . - The Earl of Sutherland.
U
Ross
146 GENERAL WADE'S FIRST REPORT
The Earl of Caithness.
CAITHNESS . . , ,, ~. . . r TT1 ,
Mr. Sinclair of Ulbster.
ORKNEY - The Earl of Morton.
SCHEME deliver'd to the King in April, 1725.
In the Report I had the Honour to lay before his Majesty at my
return from the Highlands of Scotland, I took the liberty to represent
the present State of that part of his Majesty's Dominions. The Proposals
contained in the said Report and those I shall now take the Liberty to
mention are, in my humble Opinion, the effectual and practicable Means
of reducing the Highlanders to a due obedience to his Majesty's
Government.
Experience has shewn that the Measures hitherto taken have proved
insufficient to reduce the Highlanders to due obedience to the Laws, and
to prevent the Depredations so frequently committed on the Inhabitants
of the low Country, which is a great oppression to the well affected (who
are entitled to the protection of the Governm'.) but it is of so much more
importance to the State itself that the Highlanders should be disarmed,
who may (if not timely prevented) prove of dangerous consequence to
the Peace of the Kingdom. For, while such a number of Men who are
bold resolute and disaffected, remain in a Capacity of doing Meschief,
they are ready Instruments to be employed by any foreign Power, who
may attempt to Invade his Majesty's Dominions or excite his Subjects
to Rebellion.
The Peace and Tranquility we at present Enjoy under his Majesty's
auspicious Reign, is the proper time to apply a remedy to this growing
Evil.
If the Highlanders can be dispossessed of their Arms (or reduced to
the Necessity of hiding them under ground where they will rust and spoil)
it will at the same time prevent the Depredations, and render it very
difficult for them to rise in Arms against the Government. For, if Arms
should hereafter be brought from Foreign Parts when Designs are
carrying on to create new Troubles, it will be hardly possible to disperse
them to the Highlanders who are scattered in so large an extent of
Country, when the Forts and Barracks are garrisoned with Soldiers in
the very Center of the Highlands.
ON STATE OF HIGHLANDS, 1724. 147
Several Laws have been made to restrain these People, but they have
generally failed of Success, as I humbly conceive, either from partiality,
negligence or from the private Views of those who were Employed in
putting them in Execution ; And the Disarming Act of the first Year of
his Majesty's Reign had no other effect than to defraud the Publick of a
Considerable Sum of Money and to render the Enemies of the Govern-
ment more formidable.
It is therefore necessary that an Act of Parliam 1 . be procured,
Empowering his Maty (or those he is pleased to appoint) to cause the
several Clans to be summoned (one after another) to bring in their Arms
by certain Days specified in the said Summons, after which, whoever is
found in Arms (except such as are qualified by Law) should be trans-
ported to serve as Soldiers in any of His Majesty's Plantations in
America, or Garrisons beyond the Seas, with a Clause making it lawful
for his Majesty's Forces to assist the Civil Magistrate, and to reduce
them by force of Arms in Case they assemble in Numbers to oppose the
Execution of the Act, and also a Clause of Indemnity for the Soldiers
who shall happen to kill or wound any of them, as in the Law against
Riots and Tumults.
It is absolutely necessary that his Maty have a power by the said Act
to appoint such Persons as he shall think fit (altho' they were not Natives
of that part of the Kingdom) to put the Penalties of this Law in
Execution, otherwise it will render this Act of Parliam 1 . as useless as the
former.
I shall now presume to give my humble opinion how the Scheme for
Disarming the Highlands may be put in Execution.
That three Companies of Highlanders be raised consisting of 60 or
70 Men each, Commanded by Captains.
That three Companies of Highlanders consisting of half that Number
be commanded by Lieutenants.
That the Six Companies consisting of about 300 Men be compleated
and Armed by the first of June in order to join the Regular Troops at
Inverness, when they March to their first Encampment.
That four Battalions of the Forces now in Scotland be in readiness to
form a Camp in the Highlands.
That the Regiment Quartered at Fort-William remain there during
the Summer, and supply the Barracks of Ruthven and Bernara with
Garrisons.
148 GENERAL WADE'S FIRST REPORT
That the Reg 1 , of Foot now ordered to Scotland be Quartered at
Innersnait, Stirling, Perth, and the Sea Port Towns on the Eastern Coast.
That the Regiment now Quartered at Berwick be ordered to send five
Companies to Edinburgh, and Leith to Quarter there during the Summer.
A Detatchment of fifty Dragoons may be ordered to attend the
Camp, a greater Number not being able to Subsist in the Highlands for
want of Forage.
By this Disposition the several Garrisons and Barracks will be supplied
with Men, and the Sea Port Towns provided with Soldiers sufficient to
Assist the Officers of his Majesty's Customs, so that of the Six Reg 15 , of
Foot in Scotland there will remain for the Encampment four Battalions,
the Highland Companies, and Fifty Dragoons.
The first Camp is proposed to be formed at or near Castle Brahan,
the principal Seat of the late Earl of Seaforth, and the Vassals and
Tennants of the said Earl (who even at this time continue in a state of
Rebellion) may be first summon'd to deliver up their Arms. And if a
promise of an Indemnity was made them for the Rents they have paid
to Murchieson for the use of the said Earl, it might probably induce
them to submit for the future to become Tennants to his Maty and pay
in their Rents for the use of the Publick. But if they refuse to submit
to the delivery of their Arms, they may be made Examples to others, by
being treated with as much vigour as can be justified by Law, and the
Act of Parliam*. put in Execution against them in its utmost Extent.
When this is effected the Forces may move to the next Clans who
are Armed, and so proceed from one to another as long as the Season of
the Year will admit the Troops to continue Encamped in the Mountains,
and if no unforeseen difficulties happen, it is humbly hoped that all the
disaffected Clans to the North of Fort-William and the Lake Ness, may
be subdued before the end of the Campaign.
That a Sixth Rate Man of War be appointed to attend the Service
on the Eastern Coast, to receive on board and carry to Berwick, such of
the Highlanders who shall be condemned to Transportation.
That a Quantity of Bisquit be put on board the said Ship and landed
at Inverness for the use of the Parties that may be sent into the Mountains.
That Officers and Serjeants of the Regiments in the West Indies be
appointed at Inverness or Berwick, to receive such Highlanders as may
be sent away for Soldiers.
ON STATE OF HIGHLANDS, 1724. 149
PROVISION of Money will be wanting for the purposes following.
For building a Vessel on the Lake Ness.
For repairing the Fortifications of Edinburgh Castle and Fort-William.
For building two New Forts and Barracks at Inverness and Killihinmen,
each sufficient to contain a Batallion of Foot.
For Gratuitys to such Highlanders as shall contribute to facilitate the
Execution of the Disarming Scheme, Discover Arms conceal'd or
Persons Outlawed or Attainted of High Treason.
For the Maintenance of Prisoners till their Tryal or Transportation.
For the Extraordinary Charge of Encampments, the Carriage of Provisions
and Ammunition, for the use of the Forces, and other Contingent
Charges.
For the Support of the General and Staff Officers to be employed in this
Service.
For mending the Roads between the Garrisons and Barracks, for the
better Communication of his Majesty's Troops.
It is to be hoped that two Years will be sufficient to put in Execution
the several Services abovenamed, and that the Extraordinary Expence
to the Government will not exceed Ten thousand pounds for each Year.
XVI.
REPORT, &c, RELATING TO THE HIGHLANDS, 1727.
May it please Your Majesty.
Your Majesty having been pleas'd to Command me to repair to the
Highlands of Scotland and to proceed in the Execution of the several
Orders and Instructions I had before rec d . from his late Maty of
blessed Memory ; Empowering me to put in Execution the Act of
Parliam 1 . of the Eleventh Year of his said late Maty's Reign for
disarming the Highlands, and to grant Licences to Merch ts ., Drovers
and others to carry Arms for their Security and Defence ; To forward
the new Barracks and Fortifications intended to be erected at Killihinmen
and Inverness and to Cause the necessary Repairs to be made for the
Security of the Castles and other Fortresses in North Britain ; to carry
on the Roads of Communication between the Garrisons and Barracks in
the Highlands ; To protect and Secure Your Majesty's Subjects in the
low Country from the Robberies, Depredations and illegal Exactions of
the Highlanders, To pursue seize and secure such Rebels and attainted
Persons as should refuse to Submit to the Laws and pay due Obedience
to your Maty's Government, And to perform all other Services which
might contribute to civilize the Highlanders, preserve the Peace and
Quiet of the Country and render the disaffected incapable of disturbing
the Tranquility of your Maty's happy and Auspicious Reign.
In Obedience to these Your Maty's Commands ; I have endeavour'd
to perform the several Services above mention'd, in a manner which I
humbly hope will meet with Your Maty's Approbation.
But before I proceed to the Particulars, I humbly beg leave to lay
before Your Maty the Intelligence I received the beginning of this
present year, of some Transactions that were carrying on in the High-
lands in favour of the Pretender.
WADE'S SECOND REPORT, 1727. 151
Soon after the new Alliance was made between the Emperor and
King of Spain, some Persons were sent into Scotland to animate the
disaffected Clans and prepare them to join a Body of foreign Forces,
which they assur'd them should be landed from Spain on the West Coast
of Scotland before Midsummer.
The Principal Persons employ'd in this Service were, one Sinclair a
native of Scotland (who for some time past has been a Sea Officer in the
service of Spain, and was employ'd to take a Survey of the 'Sea Coast
and to find out a proper place for disembarking the said Troops, that
were to land in the Western Highlands. Besides this Sinclair, there was
another that went by the name of Brown, who has been sent into Scotland
before on the like Occasions.
This Brown came to London in February last to concert measures
with the Jacobites, and after continuing here some Weeks he proceeded
to the Highlands where he sent Circular Letters to the Chiefs of several
Clans reputed to be disaffected to Your Maty's Government, in order to
prepare them for the Intended Invasion. But as Your Maty will be best
able to judge of their proceedings by the following Letters, I humbly
beg leave to insert the Copies of them in the same Order as they came
to my Hands.
Copy of a Letter from a Roman Catholick employed to procure Intelligence;
directed to Sir Duncan Campbell, Capt. of one of the Highland
Companys.
14 Feb r x. 1727.
Sir,
After parting with you I was informed by a very sure hand
of the following Particulars Viz'.
The Sea Cap', that went lately to take a View of proper Harbours for
landing Men is call'd Cap'. Sinclair. He landed first at Leith, from thence
he came to Glasgow and is now making his Way about the West and
North Coasts, and will I suppose return by the East Coast. He told my
Informer, that he reckons Clyde above Dumbarton a fit place of Landing,
but he is to take a view of all the good Harbours of Scotland, not
knowing where Wind or Weather may carry the Ships they design for
an Invasion. He said that he expected another Ship with further
Instructions, would land at Leith about the time that he arrived there
152 GENERAL WADE'S SECOND REPORT
first himself, which makes my Informer suspect, That is the Ship, lately
seiz'd there with Letters, by the Governments Orders. The said Cap 1 .
Sinclair says that they design to land 4000 Men in Scotland, and 8000
Men in England, and that they doubt not but they shall get them Landed.
But that there greatest difficulty is, to carry off their Ships safely again
after landing their Men. He says further, That they had 46 good
Transport Ships of considerable Burthen. The best Sailors in Europe
ready for this Design before he came off from Spain. Moreover, he says,
that one Cap*. Brown came to London and that he is to come down by
Land and to be in the Highlands about the end of this Month with
Instructions and Encouragements to such as they reckon their Friends in
the Highlands. And for that End that he is to make a Tour among
them. He says further, That there is already 20,000 remitted to
Edinburgh p. Bill.
My Informer assures me, That before the said Captain Sinclair
arrived at Leith, there were 400 Broad Swords landed at Leith, all
designed for Gentlemen ; And that these Swords do actually lye privately
in some place or places within Edinburgh but in what Precise Place there
he knows not.
Not only the people of Broadalbin but a considerable Body of the
Graham's are resolved to secure you and your Company as soon as they
hear there are men Ship'd in Spain, without waiting longer for the Event
of such an Invasion, and doubtless the like Attempt will be made upon
the other Companys.
This Letter which I had the Honour to lay before his Maty's
Ministers, agreeing with other Intelligence rec d . from abroad relating to
an Intended Invasion in the West of England, as well as in Scotland, I
humbly presume induced his Maty to order Col. Campbell's Regim 1 . of
Dragoons, with Kirk's, Delorains, and Macartney's Regim ts . of Foot, to
March into England in order to form a Camp in the West, if it should be
found necessary. And for the security of the Castles in Scotland, the
Garrison Companys of Edinburgh and Sterling were (raised) from 60
to 100 Men each, and that of Dumbarton to 50, which before consisted
of but 15 private Men.
The Highland Companys Commanded by Captains, were made up
from 60 to 100 private Men, and those under the Command of Lieutenants
were augmented from 30 to 60. These including Officers might on
ON STATE OF HIGHLANDS, 1727. 153
Occasion be formed into a Batallion of 525 Men ; and both the Garrison
and Highland Companys were compleat before the 25th of March.
There then remain'd in Scotland two Regiments of Dragoons and
four Batallions of Foot who by the Additional Troops and Companys,
that were soon after Order'd to be rais'd, made up about the same Number
of Men for the Service of Scotland, as they consisted of before the March
of the Regim ts . above mention'd.
I presume further to represent to Your Maty, That at this Juncture
I thought it necessary to employ some proper person to observe the
Motions of Brown and Sinclair and to give an Ace 1 , of their proceedings.
The Person who seem'd to me the fittest for this purpose was R : R :
who had then but very lately received his Maty's Pardon. He was an
Old Acquaintance of Brown's, and believ'd by him to continue firm in
the Interest of the Pretender. He had his Maty's leave to join with
Brown and other Jacobites and agreed for a Reward of 100 to discover
their Secrets. Accordingly he gain'd such Confidence with Brown as to
be employ'd as his Messenger with Letters from him to some of the
heads of Clans ; As will more fully appear to Your Maty by the following
Letters.
Letter to me from Sir Duncan Campbell, Capt. of one of the
Highland Companys.
Edinburgh 2 d May 1727.
Sir,
I had the Honour to write to you last on the 15 th of March,
and then acquainted you with what I had learn'd from R : R :, and
having made some further progress in that Enquiry, I think it my Duty
to acquaint you with the Particulars and upon what Foot I have now
left it.
Sinclair told R : at his coming, That Cap*. Brown stay'd at London
to concert Matters with their friends in England, and particularly the
remitting a Sum of Money. 20,000 he mention'd to lye ready here for
their Service and which he says is now brought here by the Hands of
one Gumming a Merchant in the Parliament Closs.
Brown came to this Country in March last, he made some stay here,
and from hence he went West. The places he mostly resided at were ;
v
154 GENERAL WADE'S SECOND REPORT
My Lord Wigtoun's House at Cumberland, and Stirling of Keir's, two
Miles West from Stirling. This Gentleman is Attainted and at his own
House without leave. He came R s . House (sic) and resided there some
Nights, and is now in Galloway.
R. told me that Brown design'd one John Stewart of Ardshiel, should
receive of him the ^3000 he was to give to the Clans immediately, but
by Brown's Letter to R : of the 6 th of April, he seems to have Alter'd
that Resolution, having probably settled that matter with Lochiel, whom
he had an Opportunity of seeing at Drummond of Bahadie's House in
Dumblain. This Drummond, Graham of Bran, and Keir being the
Pretender's chief Agents, as R: informs me, in that Country.
R : by my Lieutenant sent me the Copy of his Instructions from
Brown which I inclose, and compared them with the Original. Brown's
Letters to the Clans I myself read under favour of Manufactoring the
Covers a little, and I also inclose Copies of them. You'l observe there
are no Letters for Lochiel, none of the Gordon's, none of the McDonel's,
save Glengary and Keppoch, neither for the McLeods ; any of the Duke
of Athol's People, nor the Mackenzie's. Besides the Letters which R :
shew'd me he delivered a Letter from Brown to Appine.
R: in Obedience to Brown's Letter of the 6 th of April (Copy of
which I also inclose) is gone to meet with him to receive his second
Instructions : He will undertake to Brown to deliver his Letters, and
has engag'd so to contrive it, that I shall have an opportunity of seizing
him with the Original Letters, of the Clans to Brown, about him.
Though upon the first Notice I had of this matter from R : I was not
without suspicion that he might possibly be imposing upon me in the
Information ; Yet having now seen the Original Letters (whereof I inclose
the Copies) with my own Eyes ; Wrote in a hand writing like a Man of
business, on gilt paper neatly folded &c. I think his Information genuine,
and I think it possible he may give me the opportunity to seize him with
the papers as he has promised. I have therefore given him 25 more of
the second 50 you allowed me to lay out for this Service, and have
renew'd my assurances to him, that he will be put in a Condition to Live,
if he goes through with this Service, &c.
DUNCAN CAMPBELL.
ON STATE OF HIGHLANDS, 1727. 155
Instructions from Brown to R: R :
You are to deliver the Letters given you and likewise to discourse the
Persons to whom you'l give them after this Manner.
You are to tell them that both Nobility and Gentry who are for the
King's Interest in the West of Scotland are for landing in Clyde, and
likewise the Gentleman who was sent from the King of Spain to view
the West of Scotland is fully convinced that he may save his Ships after
landing.
You are likewise to tell the Clans, That if they please, there shall be
1000 Men landed at Inverlochy for the demolishing of the Garrison.
You are likewise to assure them of 3000 to be given them when
required to put themselves in better Order for the King's Service.
You are likewise to advise with them what Hands the Money shall be
put into ; Those that are to have it are as follows : The McDonald's,
Mclntoshe's, McPherson's, who are reckon'd but one Clan. Stewart of
Appine, McLeans, The Cameron's, MacDougal's, Laird of Maclnven,
Chisholm of Strathglass, and Glenmoriston.
You are to advise with Glengary, Appine, Keppoch, and Mclnven,
what every Man's share of the Money will come to.
You are to assure them ; Altho' the Arms that were sent already be
mismanag'd, that there shall be care taken that they shall not want for
Arms and Ammunition.
You may tell them there is a Method taken with the rest of the Clans
to Satisfaction.
You are to advise what methods are to be taken with the Independant
Companys for stopping them from joining to come to a Body. If the
landing shall be in Clyde, they will do a Vast deal of harm to the Braes
of Perth and Stirlingshire. They will stop them very much from joining.
And you are to return your Answer before the aoth of April.
J. BROWN.
Letter to the Laird of Glengary carried by R: R : from Brown.
Sir,
I had the Honour to be sent over to Scotland by the King's
Order to advise his Friends that now he is in a Condition to serve himself
156 GENERAL WADE'S SECOND REPORT
and you. He wants not Men, Shipping, or Money, so that I am order'd
in my Instructions to send the Bearer hereof R : R : to acquaint you of
the same and what method is to be taken in doing it, which I hope you'l
give your opinion frankly as to the Place of Landing in Scotland, and
likewise what way will be taken with the Money which is to be given you
in Order to put you in a Condition to serve your King, for it is ready to
be given on Demand.
I am further Order'd by the King in my Instructions, That you should
take your own prudent way to get My Lord Lovat managed to come
into the King's Service, which if he will do, you may assure him of his
Pardon from the King, and likewise his patent of Lord Lovat.
I can further assure you that the King has made his Peace with the
Duke of and altho' he does not join himself; see if you can get
him brought so far as to let his Clan lye still.
Our Committee here has left to your Managment Strathglass, Glen-
moriston, and any other you will think proper to speak to.
Being inform'd that Sir Hector McLean is in that Country, you are
to deliver his Letter to him and likewise to discourse him as you'll think
most proper. This is all to trouble you at present and I am.
Your humble Servant
J. BROWN.
Letter from Brown to the Laird of Keppoch, and the same to the
Lairds of Mclntosh, Glenco, Clunie, McPherson, McDougal and
Sir Hector McLean of Duart.
Sir,
I had the Honour to be sent over to Scotland by the King's
Order to assure his Friends, that now he is in hopes to be in a Condition
to serve himself and you. He wants not Men, Shipping, or Money, so
that I am order'd in my Instructions to send the Bearer hereof R : R : to
acquaint you of the same, and what Method is to be taken in doing of it,
which I hope you will give your opinion freely as to the Place of Landing
in Scotland, And likewise what Way shall be taken with the Money
which is to be given in order to put you in a Condition to serve your
King, for it is ready to be given upon Demand. This is all at present
and I am &c. J. BROWN.
ON STATE OF HIGHLANDS, 1727. 157
Letter from Brown to R: R :
Dear R:
Since parting with you I have got Information that the
Governm'. has got some Intelligence of my being in this Country, so
that I am advised by the best of the King's Friends in England to keep
myself as private as possible and to see nobody. If that other Gentleman
you know of is come as far as your House or to the place appointed, let
him return as private as possible for fear of Suspicion. As to that Affair
I was to employ him in, I have got it done to satisfaction. You may
come privately to Mr. Kea's House, where you shall have your Second
Orders from me. I beg that you may come that no Mortal may know of
it, I am not to be there myself, but I shall leave it in Writing what you
are to do.
Send Express to such as you conversed with in the Highlands to keep
themselves as private as possible, and to give no reason to the Goverm*.
whereby they may have any thought that there is anything adoing.
This is all to trouble you with at present only you may believe that
I am &c. J. BROWN.
I am afraid that there May be Orders out against you, and three or
four more in your Country ; if there should be such, I wish you would
take a Trip to Arran to see your Friend Bardowie. J : B :
I humbly beg leave to assure Your Maty that during these Transac-
tions all proper Means were used to frustrate Designs of the Jacobites.
The several Highland Cotnpanys were ordered to assemble in such
Stations as might best prevent the Junction of the disaffected Highlanders,
as well as to secure themselves from the danger of being disarm'd when
seperated in small Partys as was said to be intended in one of the
foregoing Letters.
The Oaths of Allegiance to his Maty were tender'd anew to every
Soldier of those Companys and some of them were discharg'd whose
fidelity was suspected.
Partys were sent into the Country Inhabited by the Clans suspected
of Disaffection and a Strict Search made after Arms that might have
been conceal'd, but none were discover'd except about twenty Muskets
that had been hid in a Cave ever since the Highlands were disarm'd in
1725 And those grown so rusty that they were entirely unfit for Service.
158 GENERAL WADE'S SECOND REPORT
About this time several Letters in Cypher were intercepted in Scotland,
importing an Intended Invasion, and some Persons seiz'd by Order of his
Maty's Principal Secretarys of State, Upon which the above mention'd
Brown, Sinclair, and other Emmissaries of the Pretender made their
Escape and had quitted the Country before my Arrival in Scotland, nor
could I ever learn after the Strictest Enquiry, that Brown before his
departure had paid any part of the 3000 to the Clans as he had
promised by the preceeding Letters.
After my coming to the Highlands, I examined some of the Chiefs
of Clans to whom the abovemention'd Letters to Brown were directed,
who did not absolutely deny that application had been made to them
from the said Brown to join the Troops that were expected from Spain,
but assured me they had never consented to take up Arms or enter into
any Measures that might give Disturbance to the Government
I told them they ought to have acquainted me of these Proceedings,
and represented to them the folly and danger of listning to the Ridiculous
Proposals of Men whose Fortunes were desperate who had nothing of
their own to lose and hoped to be gainers by a Change, tho' at the
Expence of involving their Country in Ruin and Bloodshed as they had
done in the Year 1715.
That the Obligations they had to Your Maty's Royal Father ought
ever to be fresh in their Memorys, whose Mercy and Clemency had been
extended toward them, after having forfeited their Lives by engaging in
two Rebellions against him.
That your Maty's accession to the Throne was attended with more
signal and distinguishing Marks of the Love and Affection of your
People than was ever known on the like Occasion.
That altho' Your Maty's Governm'. was Established on the most
Solid Foundation, supported by a considerable Body of Regular Forces,
and by such Alliances that must render all Attempts of the Pretender
and his Adherents Vain and impracticable, yet that your Maty out of
your great goodness and Clemency had Commanded me to do every
thing that might Contribute to promote the Advantage of your Subjects
inhabiting the Highlands, however undeserving some of them had been
of your Royal favour.
That your Maty had ordered me to lay out considerable Sums of
Money in making Roads through the Mountains for encouraging their
ON STATE OF HIGHLANDS, 1727. 159
Trade and Commerce with the Low Country ; And to endeavour by
mild and moderate Usage to convince them of the happiness they may
enjoy by peaceably Submitting to Your Maty's Governm'. Upon which
they Answer'd, That they had suffered sufficiently for their past Folly,
but were now determin'd to live peaceably and quietly, and hoped by
their future good behaviour to deserve Your Majesty's Favour and
Protection.
During my stay at Edinburgh I signed an Order to S r . Duncan
Campbell, Captain of the Independant Company whose Station was the
Western Highlands, to seize and secure James Sterling of Keir, one of
the Persons named in the aforegoing Letters, who by an Act of Par!',
stands attainted of High Treason for the Rebellion in 1715.
He had from that time lived at his house, openly and without disguise,
under no Apprehensions of being Molested, by his Country Men who on
all Occasions are said to have a tender Regard one for another, however
they may disagree in their Opinions or Politicks. He was seized in
September last pursuant to the Order and now remains a Prisoner in the
Castle of Edinburgh till Your Maty's farther Pleasure be known.
About the same time I gave another Order for Seizing the Person
call'd Brigadier Macintosh, who had been very Active in the Rebellion,
he returned lately from Abroad and was at that time lurking in the
Northern Highlands, but hearing nothing of his being seiz'd, I presume
he has quitted the Country.
I think it my Duty also to represent to Your Maty, that there are
four other Attainted Persons who lay conceal'd the last Year in Scotland,
and I have reason to believe they still continue there Viz*. John Stewart
of Innernitty, Alex r . Robertson of Strowan, S r . David Tripland of
Fingask, and John Walkingshaw of Scotstown, whose Friends and
Relations have often Solicited me to intercede in their behalf that they
might be permitted to make their Submissions to Your Maty, in hopes
of obtaining Your Maty's Gracious Pardon, as was granted to sev 1 . others
in the Same Circumstances by Your Royal Father in the year 1725.
I humbly beg leave farther to Report to Your Maty ; That as the
Disarming the Highlands was happily Executed without Resistance or
Bloodshed, so the good effects it has produced already appear beyond
what could have been expected in so short a time ; for no Arms are now
carried in the Highlands but by your Maty's Licence, or by such who
l6o GENERAL WADE'S SECOND REPORT
are entitled to that Privilege by a Legal Qualification. ,It is therefore to
be hoped that by Prosecuting the same Measures, which hitherto have
proved so successfull, the Highlanders will in a few Years forget the Use
of Arms which in all Ages they have esteem'd as their greatest Pride and
Glory, insomuch that it was looked on to be a reproach to a Highlander
to be seen without his Musket, Broad Sword, Pistol and Durk. These
by a long Custom were Esteem'd part of their Dress and at my first
coming to the Highlands were Worn by the Meanest of the Inhabitants,
even in their Churches, Fairs and Markets, which looked more like places
of Parade for Soldiers, than Assemblies for Devotion or other meetings
of Civil Societys.
This pernicious Practice of Wearing Arms was attended with many
Inconveniences, to themselves, to the Inhabitants of the Neighbouring
Country, and even to the State itself. The Highlanders who are naturally
addicted to Revenge, committed frequent Murders, which often exasperated
the Clans one against another for many Generations. And when any
Person was kill'd by one of a different Name, they imagin'd no recom-
pence or Justice was sufficient but by shedding the Blood of one of that
Clan who committed the Crime, altho' an Innocent Person who was no
way concern'd in the Fact. By this unjust way of proceeding their
Animosities were kept up to future times, and whole Clans were often
engaged one against Another, in which great Numbers on both sides lost
their Lives.
The Countries in the Neighbourhood of the Highlands were frequently
harassed by Parties of Armed Men who committed Depredations on
their Cattle and Estates, and oblig'd them to pay Contributions which
often amounted to more than their proportion of the Land Tax : But
since the surrender of their Arms, these Oppressions have ceased ;
There are no Complaints of Depredations, nor any Contributions paid
by the Inhabitants of the Low Country. But in my humble opinion the
greatest Inconveniency that attended the frequent use of Arms in the
Highlands, was, their being ready and proper Instruments of the
Pretender or any foreign Power to give Disturbance to the Government :
For the Superiors and Chiefs of Clans have in all Ages assumed an
absolute and Despotic Power over their Vassals, who never refuse to follow
them, without enquiring into the Justice of their Cause, or against whom
they are to Act, By which implicite obedience they have frequently been
ON STATE OF HIGHLANDS, 1727. l6l
engaged in Rebellions against their Sovereigns, both before and since the
Union of the Kingdoms ; And I hope Your Maty will pardon my
Presumption, if I here Insert a saying of the Jacobites, abroad, as I
have been assured from Gentlemen well affected to Your Maty's
Government, who in their Travels through France and Italy have
happen'd to meet and converse with those People ; They always own'd
that their greatest Hopes were from the Highlands of Scotland, and
when it was said that those Hopes were vain, since his Maty had an
Army of 1 2,000 Regular Forces at Command (The Establishment at
that time for Great Britain) their usual Answer was, We have also a
Standing Army of 12,000 Highlanders, as Resolute, as well Armed and
as much under Command as the Regular Forces you so much depend on.
The Inconveniencies arising from the practice of carrying Arms in
the Highlands have often been under the Consideration of the Privy
Council and Parliaments of Scotland before the Union and Several
Rigorous Laws were made to disarm and reduce them to Obedience ;
Yet they have always fail'd of Success ; As I humbly conceive from
their being formed with more Severity than Judgment, but I humbly
hope the Measures Your Maty is now taking will prove an effectual
Remedy to these Evils and will render the Highlands as Quiet and
Peaceable as any other part of Your Maty's Dominions.
I also beg leave to represent to Your Maty : That pursuant to the
Instructions I rec d . from Your Royal Father for granting Licences under
my Hand and Seal, to Merchants, Drovers, and others permitting them
to carry Arms for the security and defence of their Property ; I gave out
in the year 1725, 230 Licences for the whole Highlands which were to
remain in force for two years and no longer. These Licences expiring in
September last were call'd in and 210 were issued out in Your Maty's
Name to continue in force for three years, provided the Person possessing
the. same, during that time, behaved themselves as faithfull Subjects of
Your Maty, and peaceably and quietly towards the People of the Country.
I presume further to Report to Your Maty, That the great Road of
Communication extending from the East to the West Sea, through the
middle of the Highlands, has been successfully carried on upon the
South side of the Lakes from Inverness to Fort William, being near
60 Miles in length, and is made practicable for the March of Artillery or
other Wheel Carriage, as may appear by my having travell'd to that
w
1 62 GENERAL WADE'S SECOND REPORT
Garrison the last Summer in a Coach and Six Horses to the great
Wonder of the Inhabitants, who, before this Road was made, could not
pass on Horseback without Danger and Difficulty. This Work was very
troublesome from the Interposition of Rocks, Bogs and Mountains ;
Yet was perform'd by Your Maty's Troops Quarter'd in those parts
without any Assistance from the People of the Country. The Non
Commission Officers and Soldiers are allow'd double pay during the time
they are employ 'd in this Service ; And if it is Your Maty's pleasure to
continue the same allowance out of the Contingencies of the Army as
was granted by his late Maty for the two preceeding years, with some
Addition for erecting Stone Bridges, where they are wanting, a Military
Way may be made through the Mountains from Inverness Southward as
far as Perth, which will open a short and speedy Communication with the
Troops Quarter'd in the Low Country, Contribute to civilize the High-
landers, and in my humble opinion will prove the most effectual Means
to continue them in a due Obedience to Your Maty's Government.
In regard to the Fortifications in Scotland, I humbly presume to
Represent to your Maty ; That till the last year, nothing had been
effectually done to Secure them from the danger of a surprize, to which
they have been exposed for many years past ; And particularly the
Castle of Edinburgh, which, I humbly conceive is a place of the greatest
Importance to the Safety of that Part of Your Maty's Dominions.
The Parapet Walls of this Castle were so ruinous that the Soldiers
after the shutting the Gates had found a Way to ascend and descend to
an from the Town of Edinburgh when ever they thought fit.
Upon viewing this Defect the last Spring, Four Soldiers (some of
them with their Arms on their shoulders) were ordered (for the Experiment)
to try if they could ascend the Rock and get over the Wall, which they
perform'd with such Dexterity ; That from the Common Road, they
mounted into the Castle in less than five Minutes.
The Castle of Dumbarton had lain exposed in the same manner for
sometime passed, by the fall of a Considerable part of the Wall on the
North side, but upon the Representation I made of this to the present
Mast r . Gen 1 , of your Maty's Ordnance, Orders were immediately given
for repairing those Defects, which was accordingly executed before I left
Scotland.
The new Fortification erecting at Inverness, call'd after Your Maty's
ON STATE OF HIGHLANDS, 1727. 163
Name, Fort George, is situate on a Hill on the South side of the River
Ness, near the place where it falls into the East Sea, as Fort William does
on the Western Ocean. The Lake Ness, and other Lakes extending
almost from one of these Forts, to the other in a Streight line, through
the middle of the Highlands. It is built within half Musket Shot of the
Bridge of Inverness and Consequently commands that Pass which is the
only communication between the North and South Highlands for the
Space of near 30 English Miles as far as Killihinmen, and is therefore in
my humble opinion a place of Importance for preventing the Northern
Highlanders from descending into the Low Country in times of Rebellion.
This Fortification is irregular as are all the other Castles and Forts in
Scotland, which are generally built upon Eminencies, incapable by their
Situation to admit of regular Works. It is large enough to contain a
Barrack for 300 Men, that Number being more than Sufficient for the
defence of a place which in all probability will never be attack'd by
Artillery. The repairs of the Old Castle, designed to serve as Lodgings
for the Officers of the Garrison, were compleated in Novem r . last ; And
the New Works were begun the last Summer ; And if continued may be
capable of receiving a Garrison in two years.
The Fort and Barrack proposed to be built at Killihinmen near the
West End of the Lake Ness is not yet begun, but Materials are providing
to go on with the Work, next Spring, as soon as the Season of the Year
will admit. This Place being in the Center of the Highlands equally
distant from Fort George and Fort William, will, I humbly conceive, be
a proper Situation for the Residence of a Governour, who, if it is Your
Maty's Pleasure, may have the Chief Command, not only of the two
Forts above mention'd, but of all the Barracks and Independant
Companys in the Highlands by which he will be enabled speedily to
Assemble a Body of 1000 Men, to March to any part of that Country
for preventing or suppressing Insurrections ; To inspect into everything
that may regard Your Maty's Service in that remote part of Your Maty's
Kingdom of Great Britain ; To curb the Insolence of such of the
Inhabitants, who, depending on the Strength of their inaccessible
Mountains shall presume to Rebell against their Sovereign, or insult
Your Maty's Peaceable Subjects in the Low Country, and continue to
disregard all Laws both Human and Divine.
I fear I have already presumed to take up too much of Your Maty's
164 GENERAL WADE'S SECOND REPORT
time by the length of this Report, And shall only beg leave humbly to
Offer to Your Maty what I conceive is further necessary to be done in
the Highlands for bringing to Perfection a Work so essential to the
Peace of that part of Your Maty's Dominions.
PROPOSAL.
I St.
That the new Fort and Barrack projected to be built at Killihinmen
Adjoining to the West End of the Lake Ness, be carried on the next
Spring, as soon as the Season of the Year will permit, and proper Store
Rooms built Sufficient to contain Provisions for a Battalion of Foot, with
Ovens for baking Ammunition Bread or Biscuit for the use of the
Garrison or for Detachments that may be sent into the Mountains. And
that all due Encouragment be given for erecting a Market Town on the
Ground between the Old Barrack and the End of the Lake (a space of
about 500 yards in Length and 400 in breadth) which being situate in
the Center of the Highlands will very much contribute to Civilize the
Highlanders, who by living separate in the Hills, where there are no
Towns, are without Examples to induce them to change their Barbarous
Customs.
2d.
That a small Tower of Stone in the form of a Redoute, capable of
containing a Guard of an Officer, and Twenty Soldiers, be built at each
end of the Lake Lochy, and another at the East end of the Lake Ness,
the better to secure the line of Communication between Fort George
and Fort William.
3d.
That a small Harbour be made at each [end of] the Lake Ness, for
the Security of the Highland galley against Violent Storms which are
very frequent [in that] Country.
4th.
That 100 p Annum be allowed on the
ment of the Garrison of Fort George
for the of a Master and two Sailers,
And for the Cordage and other
Repairs of the said Vessel.
ON STATE OF HIGHLANDS, 1727. 1 6$
5 th.
That a Fort Major and two
the Garrison of Fort George there being
except a Lieutenant Governor on the Establ(ishment)
present year.
6th.
That the same Allowance of ;ioo
contingencies of the Army be continued for
year for making a Road or Military way
Ness by Ruthven in Badenoch as far as
March of Troops, wheel carriage or cannon and
other Contingent expenses in North Britain.
7th.
That a Stable for 30 horses be erected at Barrack of Ruthven, which
being near the middle of the Highlands, and on the Road proposed in
the preceeding Article ; I conceive to be a proper Station for a party of
Dragoons to serve as a Convoy for Money or Provisions for the use of
the Forces, as well as to retain that part of the Country in Obedience.
8th.
That in order to make the Roads of Communication more perfect,
an allowance of 600 p Annum
years be made for building Stone Bridges
and other Torrents of Water that fall from
Mountains, by which Passengers frequently
Lives, and the Troops are often interrupted
Marches for several Days successively.
All which is most humbly submitted to Your Majesty's Royal
Consideration.
(signed) GEORGE WAUE.
XVII.
MEMORIALL ANENT THE TRUE STATE OF THE HIGH-
LANDS AS TO THEIR CHIEFTENRIES, FOLLOWINGS
AND DEPENDANCES BEFORE THE LATE REBELLION.
Before I begin, with the particular account of the Chieftenries and
Dependances in the Highlands of Scotland, it will not be amiss to give
Some previous Information (by way of Introduction) of the State of
Scotland in Generall, in former times, that the persuers of this Short
memoriall, may know the reasons, why and how, the whole warlike
Dispositions of the Scots in Generall Should Now terminate in the
Highlands, while the whole remaining part of the people, (some as good
as themselves) are now Drowned in Luxury and Effeminacy.
It is well known that the Scots Nation in Generall, as well as the
Highlands, were still a warlike and brave people for many Ages, which
is Verrifyed first by their Successful wars with the Brittons, then by
their Artfull and Vigorous defence against the Romans, who were at last
oblidged to withdraw their Legions besouth their Borders and put Under
the necessity to wall themselves Up for Safety from the Daily Incursions
of so desperate and formidable an Enemy.
The Scots, their further Noble and remarkable Achievements, in
their long and Successfull wars against the Picts (a people near as
Numerous and Potent As themselves) whom they Utterly rooted out, as
also their Many Victories over, and totall expulshion of the Danes a
Nation then so warlike that they Conquered All others they Attacked,
I say these many Signall and Glorious performances of the Scots in
Generall made them So esteemed, for their Remarkable Valour that they
were frequently Sought and Sent for As Assistants, to Severall Nations
Abroad, particularly to France and Swedden, where their Notable
behaviour noway belied their Justly acquired Character.
MEMORIAL ANENT HIGHLANDS. 167
Att last the Scots getting no more Disturbance from abroad, were at
peace with all Nations except the English, So that in very Short time
by the disuse of Arms their whole east Coast and Midland Countrey,
betwixt the forth and Inverness turned Intirely Soft and Effeminate, as
they are at this day, and their only remaining force was the Borderers,
who with their Brave Douglasses, Humes, Kers, Scots, &c., &c., &c.
Upon their heads in Conjunction with the Highlanders and Severall
times without them, fought the Many Battles with the English with
Various Success, but often overpowered by their Numbers.
This Martiall Disposition Still Continued in a very eminent Degree
with the Borderers, Untill the Union of the Crowns, but in a very Short
time thereafter they turned As Luxurious and effeminate as the fore-
mentioned, and Now the only remaining warlike Genious of the Scots is
amongst the Highlanders, which was occasioned by their Neighbouring
feuds amongst themselves and Sometimes by Insurrections and Rebellions
against their Naturall princes, but that now their power is often imployed
for Bad purposes, and particularly that by their having the Use of Arms,
they, are thereby enabled to rob and Depredate Upon their Innocent
Neighbours It is high time to Suppress the Same.
I now proceed to Narrate the Highland followings and dependances
beginning in the South at Argyll-Shire.
CAMPBELLS. In the Irish tongue Called Clanquin, The Duke of
Argyll is their Chieften, and is Named in the Highlands Mack-Callen-More
he can raise out of his own property, Small Vassals, and Kinsmen Lands,
3000 Men. The Earl of Broadalbine more than 1000 and the many
Great Barrens Such as Auchinbreck, Ardkindloss Lochnell &c. &c. at
least Another 1000. So that that Clan Could bring to the field above
5000 Men besides a Vast many Barrens and Gentlemen, not only out of
Argyll, but out of Dumbarton, Streoling and Perth Shires, and are at
present the Richest and Most Numerous Clan in Scotland, their Countreys
and Bounds Most Extensive, their Superiorities, Jurisdictions and other
Dependances by far the Greatest in the Kingdom, which makes them the
familie of Greatest Significancy and power in North Brittain and Always
has been So, Since the Declyn of the Douglasses the totall Fall of the
Cummins and the extinction of the Earl of Ross his Familie.
MACKLEANS. In Irish called Clan Lein Sir Hector Macklean is
their Chieften and is Called in the Highlands Mackillein, was a verry
168 MEMORIAL ANENT TRUE STATE
potent Clan About 200 years Agone, and Could have raised above 800
men, but now that the familie of Argyll are possessed of their Chieften's
Estate, they will hardly make 500, and even Many of these brought out
of the Duke's Lands.
MACKLACHLEN. In Irish Called Clan Lachlen the Laird of Mack-
lachlen is the Chief can raise 200 Men.
STEWART OF ASSIN. The Laird of Assin is the Chief, he holds his
Lands of the Crown, and can raise 300 Men.
McDoUGALS OF LORN. In Irish Called Clanrickcuil, their Chieften
the Laird of Mackdougall and is Called in the Highlands Mackcuill
Lorn, was a more potent familie of old but now much Diminished by the
Campbells, and Can (I believe) Still bring out 200 Men.
Proceeding Northward by the Coast and Isles.
MACKDONALD OF SLATE. Sir Alexander Mackdonald is their Chief,
in Irish Called Mack-Conell, simply by way of Preheminence, he has a
very Considerable Estate which holds all of the Crown, and lyes in the
Isles of Sky and Uist and can bring out 700 Men.
MACKDONALD OF CLANRONALD. In Irish the Chieften is Called
Mackick-allen, and in English Captain of Clanronald, he has a Very
handsome estate, holds most of it of the Crown, which lyes in Moidart,
and Arisack, on the Continent, and in the Isles of Uist, Benbecula, Cana,
Rum, &c., he brings out 700 Men.
MACKDONALD OF GLENGARY. The Laird of Glengary is their
Chief, who in Irish is Called Mackick Alaster he has a pretty good
estate all holden of the Crown which lyes in the Countreys of Glengary,
and Knoidart, both on the Continent, and Can bring out 500 Men.
MACKDONALD OF KEPOCH. Kepoch is their Chieften in Irish is
Called Mackickvailt he is not so much as a Propriatar of one furr of
Land, but only Tacksmen and tennants, both himself and kinsmen, in
the most of their possessions, to the Laird of Mackintosh, and the
remaining part to the Duke of Gordon, All lying in Lochaber he can
raise and bring out 150 men.
MACKDONALD OF GLENCO. The Laird of Glenco is their Chief
who in Irish is Called Mackickian he is but a very small propriatar,
he holds his lands of Stewart of Apin, and Can raise 150 Men.
These Five Chieftens of Mackdonalds, all Claim a Lineal Descent
from Alexander Mackdonald Earl of Ross Successor and Representative
OF HIGHLANDS AS TO CHIEFTAINS. 169
of Donald of the Isles, but none of them have any Clear Documents to
Vouch the Same, So that that great and Aspyring Familie, who wadged
frequent wars with our Scots Kings, and who Acted as Sovereigns
themselves, and oblidged Most of the Clans to Swear Fealty to them, is
now Utterly Extinct, The last Earl having No Sons, neither had he any
Near Male relation to Succeed him.
CAMERONS. A very potent Clan in Lochaber, the Laird of Lochiel
is their Chief, who is Called in Irish Mackoildin, he has a good Competent
estate, but none of it holden of the Crown, The most of it is of the Duke
of Argyll, and the remainder of the Duke of Gordon, he can bring out
800 Men of Old there were Severall Small tribes in that Countrey
Viz. McMartins, Clanigilivile, and Clanigilouvie, who were always
esteemed to be of the Clancattan, but now Call themselves all Camerons
and are very faithfull to their Chief.
MACKLEODS. Were Two distinct and both very potent families of
Old, Viz. Mackleod of Lews and Mackleod of Harris, both thought to
be of Danish Extraction, But the former is Utterly Extinct, and their
Lands purchased and possessed by the Mackenzies, The now only Laird
of Mackleod is their Chieften, and is in Irish Called Mackloit he has a
very Considerable Fortune all holden of the Crown, lying in Glenelg on
the Continent, and in the Isles of Sky and Harris, &c., &c., he can raise
and bring out 700 Men.
MACKINNONS. The Laird of Mackinnon is their Chief, who in Irish
is called Mackenoin holds his Lands of the Crown both in the Isles of
Sky and Mull and Can raise 200 Men.
I pass now again to the South to give Account of the Inland Chieftens
beginning again at Argyle Shire and from thence proceeding Northward.
There are Severalls of Qualitie, as well as Gentlemen who are Chieftens,
who have the Command of Severall Highlanders in the Countreys of
Argyll, Monteith, Dumbarton, Streoling and Perth Shires, Such as the
Duke of Montrose, Earls of Murray, and Bute, as also the Mackfarlands,
Macknails, Macknabs and Macknachtens &c. &c. whom I freely pass over
Since for Some Considerable time they have given No Disturbance by
Armaments or Convocations.
DUKE OF PERTH. Is no Claned familie, although the head of a
Considerable Number of Barrens and Gentlemen of the Name of
Drummond in the Low Countreys he is brought in here Allennarly Upon
X
170 MEMORIAL ANENT TRUE STATE
account of his command of about 300 Highlanders in Glenertonie and
Neighbourhood.
ROBERTSONS. The Laird of Strowen is their Chief, they are in the
Irish called Clandonachie his Lands holds of the Crown and lye in
Roinach and Brae of Atholl he can raise on his own Estate about 200
Men There are near 500 More Robertsons in Atholl who Seldom or
Never follow their Said Chief being a part of the following of the Duke
of Atholl after Named.
MENZIESE'S. Sir Robert Menzies of Weem is the Chieften and is in
Irish Called Menernach, he has a very handsome Estate all holden of the
Crown, Lying in Apenedull and Roinach and can raise 300 Men.
STEWART OF CAIRNTULLIE. Is no Chieften but has an handsome
Estate in Strathbran and Strathtey all holden of the Crown out of
which he can raise 200 Men.
CLAN GREGORE. Are a people very Remarkable for wicked
Achievements, that Name has been Severall times Discharged by Act
of Parliament, So that they are at present Disguised Under the Severall
Names of Campbells, Graham, Murray, and Drummond &c. and Dis-
persed thorrow Dumbarton, Streoling, and Perthshires, They have No
freeholder or Barron Amongst them and few or None that have any
heritage they have no present Chieften the Said Dignitie being Just
Now Elective and Continues no longer than the Current Expedition and
is Detur Digniori they can raise among them 500 Men and Are rarely
Absent from any Great Convocation whatever the Quarrell may be,
Since plunder and Booty is their Bussiness.
DUKE OF ATHOLL. He is no Claned familie, although Chieften and
head of a Number of Barrens and Gentlemen of the Name of Murray
in the low Countrey, but is deservedly placed here upon the Account of
his extensive following of About 3000 Highlanders a Good Many of
them out of his own property, but most of them Upon the Account of
Vast Superiorities in Glenamond, Glenlyon, Balquhidder, Strathtay,
Atholl, Bishopruk of Dunkeld, Strathardel and Glenshee,
Crossing the Grampians we come to Marr.
FARQUHARSONS. The only Claned familie in Marr, or Aberdeenshire,
Are the Farquharsons in Irish Called Claniunla, they Can bring out 500
Men, The Laird of Invercald is their Chief, who has a very handsome
estate holden of the Crown, both in Perth and Aberdeen Shires, there
Are Severall other Barrens of his Name, that have competent fortunes.
OF HIGHLANDS AS TO CHIEFTAINS. 17!
DUKE OF GORDON. Is no Claned familie, Although a Chieften of a
Very Considerable and powerfull Name in the Low countries, besides
that he has a great Posse of Gentlemen on horse back in Enzie and
Strathboggie, but he is only placed here, upon the Account of his
followings of Highlanders in Strathavin and Glenlivet which will be
about 300 Men. His extensive Superiorities and Jurisdictions in the
Highlands, Viz. in Badenoch and Lochaber, does not yield him Any
followers, the possessions of his own Very property, As well as these
whole Countreys, follow their Naturall Chieftens, of whom they are
Descended, and have no Manner of Regard, either to Masters, or Superiors.
GRANTS. A Considerable Name and familie in Strathspey, the Laird
of Grant is their Chief who has an handsome and Large Estate, both in
Strathspey and Urquhart, all holden of the Crown, except Abernethie
which he holds of the Earl of Murray, He can raise out of Strathspey
700 Men and out of Urquhart 150 he has Severall Barrons of his Name,
both in Inverness, Murray, Bamff, and Aberdeen-Shires.
MclNTOSHES. This was one of the most potent Clans in Scotland,
when their Residence was at castle in Lochaber, the Antient Seat of
their familie (of which Countrey they are Still Heritable Stewarts) but
the Cammerons having purchased most of Said estate has much
Diminished their power. The Laird of Mackintosh is their Chief, in
Irish Called Macintoshuk and in English Commonly termed Captain of
Clan Chattan, he can bring out 800 Men Including the Small Neighbouring
familis, of Mackgillivray, Mackqueen, Mackbain, &c., &c., who all own
themselves his Kinsmen, His Countreys are Brae Lochabar, Badenoch,
Strathern and Strathnern. He Still retains a very Competent Estate he
holds Brae Lochabar, Moy and Largs of the Crown, Badenoch of the
Duke of Gordon, and Most of his kinsmen hold Strathern and Strath-
nairn of the Earl of Murray.
McPHERSONS. Called in Irish Clanvurich, their Chief is the Laird
of Clunie, he can bring out 300 Men, his whole Lands and all his
Kinsmens lands, are holden of the Duke of Gordon and lye in Badenoch.
FRAZERS. Are a Considerable Clan in the Countreys of Aird and
Stratharrigg, Their Chieften is Lord Lovat, in Irish Called Mackimmie
has a very Considerable estate all holden of the Crown, and Can raise
700 Men, he has a good Number of Barrons of his Name All in
Inverness Shire.
172
MEMORIAL ANENT TRUE STATE
GLENMORISTON GRANT. Is no Chieften, neither does he ever follow
any, he brings out 100 Men his lands are holden of the Crown, and does
frequently in Armaments Join with McDonald of Glengary.
CHISOLMS. Their Chieftain is Chisholm of Straglass in Irish Called
Inshisolich holds his Land of the Crown and Can bring out 200 Men.
McKENZiES. One of the Most Considerable Clans Under one head
(next to the Campbells) in the Nation. The Earl of Seaforth was, and
Now Lord Fortrose is, their Chief, in Irish is Called Mackkynnich, He
out of his Countreys of Kintaile, Lochelsh, Lochbroon, and Lochcaron,
on the Continent, and in the Isles of Lews, &c. Can raise 1000 Men
which is all he can Command, The Earl of Cromartie with 8 or 9 Barrens
of the Name and an Number of Smaller Gentlemen can amongst them
raise 1000 More, but are not Much Inclined to follow their Chief,
Neither are they in Use, or Very Apt to Armaments in that Countrey of
Ross &c. of late they are much come in to Independancy.
MONROES. Sir Hary Monroe of Foules is their Chief, his Lands are
holden of the Crown, and Can raise 300 Men.
ROSSES. Lord Ross is their Chief, his Lands hold of the Crown and
Can raise 300 Men.
SUTHERLANDS. The Earl of Sutherland is their Chief Can raise
700 Men.
MACKAYS. The Lord Rae is their Chief His Estate lyes in Strath-
naver and he can raise 500 Men.
SINKLAIRS. The Earl of Caitness is their chief and Could raise
500 Men, but his Estate being Mostly gone both it and the followings
are now in the hands of Sincklairs of Dunbeth and Ulpster &c.
The whole following brought in one View.
Campbells 3000 Mackleods 700
Mackleans 500 Mackinnons 200
Macklachlens 200 | Duke of Perth 300
Robertsons 200
Menzieses 300
Stewart, Garntilly 200
Mackgregors 500
Duke of Atholl 3000
Farquharsons 500
Duke of Gordon 300
Grants 850
Stewarts of Apin 300
Mackdougalls 200
McDonald of Slate 700
McDonald, Clanronald. 700
McDonald, Glengary... 500
McDonald, Kepoch ... 150
McDonald, Glencoe ... 150
Camerons 800
first Colum 7200
Second Colum 8050
In all 21,650 Men.
Mackintoshes 800
Mackphersons 300
Frazers 700
Glenmoriston 100
Chisolm's 200
Mackenzies 2000
Monroes 300
Rosses 300
Sutherland 700
Mackays 500
Sincklairs 500
third Colum 6400
OF HIGHLANDS AS TO CHIEFTAINS. 173
Ye have Now all the power of the Armed Highlanders att one View
which ye may perceive to be above 20000 Thousand, A Sufficient force
to have Conquered All the rest of the Scottish Nation, if they had amind,
and Could but have agreed, how to Divide the Booty and Consequently
a force, that was Capable when United to Disturb the peace of the whole
United Island at their pleasure, and Might at last, with but a small Con-
junction of foreigners, have endangered the totall overthrow of our happy
Constitution.
This Was the State of the Nation as to our Scots Highlanders before
the Rebellion, but now that the Government, out of their Great prudence
and wisdom, by many wholsome Laws and Acts of Parliament, have so
far Destroyed and eradicate the most of all Dependances by Discharging
all obligations, for Hunting, Watching and warding. And Also Dis-
charging all personall Services in Charters, and further taking Away all
Wardholdings which in the very Nature imported the Same, Besides the
Subjects being Now happily liberate from forfeitry in time of Minority
and from their being deprived of their wifes portions as also free'd of the
Sadd effects of the hard and oppressive practices, of Recognitions, Single
And Life-rent escheats, and All this Most Generously done by his Most
Gracious Majesty to the Great Loss and Diminution of his Crown rents.
And further Now Considering that Not only the Smaller Gentrie, but
the whole Lowest class of People, have their Chattels and Moveable
Effects, as well as their lives taken out of the power and hands, of all
Heritable Jurisdictions Great and Small, and thereby freed them from
the terrour of being Subject, to the penalties and Arbitrary Decrees of
these Ignorant and Mercenary Judges, and that hereby not only Vassalls,
but all within Regallities, Stewarties, &c. are fully liberate from their
former Slavery and Dependance, but Now also that all farmers, tennantries,
and the very Lowest people are free'd from being bound to pay their
Masters any oppressive Or Illegal Services, which will not bear being
Named in Such.
When all that is Said is Maturely Considered, and the whole body of
the people clearly perceive themselves manumitted from a State of
Slavery and Misery, and Now made free Denisons of the happy English
Constitution, and when once Convinced that it is not in the power of
Any Superior, Chieften, or Land-Lord, to oppress (or in the laest hurt)
them either in their persons, or estates Ye may be sure it will make a
174 MEMORIAL ANENT TRUE STATE
very Strange Revolution in their Minds and Sentiments and will determine
them as to their future peaceable Deportment.
And if that Villianous practice of Thieving was once totally Sup-
pressed, which forces them to retain the Use of Arms for Self Defence
there would never thereafter be Use for any, Neither any Convocation be
heard of in an Age.
It is with Good Ground Now believed, that of All the Grand list
Mentioned More than three fourths of them will Vanish, and be laid
Aside particularly the whole Inland Chieftens and Superiors, and that
henceforth none of those potentates (of any Denomination) will ever be
Capable to bring a Single 100 Men to the field More than their Domestick
Servants, Excepting these Naturall Chieftens After-Named whose followers
are Generally all their Kinsmen Descended of their families and who
have no manner of Regard either to Superiors or Landlord but where it
Chances to be their own Chieften.
Mackleans 500
Macklachlans 200
Stewart of Apin 30x3
Camerons, Lochil 800
first Colum 1800
Mackdonald of Slate 700
Mackdonald of Clanranald 700
Mackdonald of Glengary... 500
Mackdonald, Kepoch 150
Second Colum 2050
Mackdonald, Glenco ... 150
Mackleods 700
Mackinnons... .. 200
Third Colum 1050
In all 4900 Men.
These families are Now the only people whose Chieftenries and Capacitie
of Giving Disturbance Still Subsists, and are not in the least touched or
Diminished, by all the Acts and Laws as Yet made. Since they have an
Inherent Attractive Virtue, which makes their people follow as Iron Claps
to the Loadstone, whereas the whole others in the Generall Grand list
was rarely brought out (even before the late good Laws) without Some
force and Compultion.
It must be a work of Some time before these Ignorant and Barbarious
people, Can be brought to make the right Use of their Reason, So as to
Compare their State with others, if that was once happily done, their
Miserable and beggarly Dependance, and blind obedience without Asking
Questions, would Soon fall to the Ground.
It is true example (which is much more prevalent than precept) of
their Numerous Neighbours (lately in their own Miserable Circumstances,)
whom, when they See in joy full liberty and Independance, and employing
their whole time upon their own husbandries and Affairs, without being
OF HIGHLANDS AS TO CHIEFTAINS. . 175
Diverted by any despotick orders from their Superiors, Masters, or
Chieftans, may Come Suddenly to open their eyes and Clear up their
Understandings ; And I am further perswaded, that Upon the very first
designed Commotion, or Armament (if any Such Should happen in our
time,) in these Highland remote Countreys, when they see more than
three parts of four of their old Comerad Clans, Staying at home in peace
and Safety ; that Neither their Chieftans, Nor themselves, will ever
adventure to expose themselves, with their few remaining Numbers, in
opposition to A settled Government, and who may be very Sure Always
to be left in the Lurch, and will be deceived if they put any trust and
Confidence in false and perfidious French Succours.
There is one Infallible way yet remaining, which (in the Memorialist's
humble opinion) would in A very Short time Utterly eradicate even these
remaining Dependances and following, the prosecution of which, would
in Many other respects tend to the great Benefit and Advantage of the
whole United Island.
Viz. That the Government out of their wisdom and prudence would
Cause build and erect Severall Small Villadges, in the Most fertile Spots
of Ground, Upon the Western Coasts and Isles, where there is plenty of
Wool and where they Could propagate Flax and other Subjects for
Manufactories, and that these Villadges be placed, (by the Advice of fit
people) Upon the Creeks and Bays, Most Noted for herrings, and Cod,
Fishing. That both Manufactories and fisheries Could be carried on at
the Same time, this would very Soon Considerably Advance his Majestys
Customs, make great increase and extension of Trade, and Navigation,
and A further Supply of Seamen for Recruiting the Navy.
This Usefull and worthy design, has been Severall times (although
but faintly) Attempted, and dropt for want of Vigorous prosecution, and
particularly in the Reign of K. Charles the Second, which was Most
imprudently given Up, even when it Came to a pretty good bearing,
Such Great and beneficiall designs that tend to the Visible benefit of a
whole Nation should Never have been dropt or laid Aside, upon the
Account of Any Misgivings, or Discouragements in its infancie, otherways
wee at this Day, had Never had one foot of Ground, either in the west,
or east Indies, where there were Severall hundreds of thousands of
Pounds Sunk and lost, by many fruitless expeditions, before ever there
were one Shilling returned, However a vigorous prosecution, with further
I7<5 MEMORIAL ANENT HIGHLANDS.
repeated Attempts and essays, at last brought both to Such a bearing,
that the riches gained by such extensive trade and Navigation, Makes
the Brightest Gemm in our Brittish Diadem. And hath further honoured
our (though but small) Island with Such a Naval force, as by all Nations
to be Acknowledged, the Most potent Maritime power in the world.
And when we are Capable to finish and Make good Such Glorious
Designs in the different remottest parts of the earth, why Should we
neglect such an easy purchase, of such an inexhaustable Treasure, lying
at our own Doors, particularly when we have So Many Thousands of
Idle hands, who are Now Starving to be Imployed.
If these poor Miserable people (who would willingly take any Im-
ployment in their own Countrey) were once fitted and Used to earn their
bread by their Labour, it would utterly eradicate, all beggarly and
Starving dependance Upon any person whatsomever. So that this would
give a final Blow, and dead Stroke to all dependance and would Make
that poorest, and Most despicable part of the Kingdome, Amongst the
Richest.
Besides that it would Convert that torrent of Lawless power, which
lay always as thorns in our Sides, to disturb our peace at their pleasure.
To a Society of very Usefull and Necessary Members of the Common-
wealth.
The memorialist humbly leaves this last, and Certain Remedy to the
Serious Attention and Consideration of the present wise Ministry, he
being perfectly Convinced that the project would Soon turn out to be a
Considerable benefit to the Undertakers, as well as to Answer the many
other Valuable ends proposed.
PRINCE CHARLES EDWARD STUART.
vni., 1743-
tion.
.
JAMES VIII. by the Grace of God, King of Scotland, Enf
France and Ireland, De! f the Faith, &c. To a!i
loving Subjects of what or Quality soever, Greet'
Having always borne the n. Affection to our a
Kingdom of Scotland, fro e Our Royal Origin,
where Our Progenitors have swayed t re vvith Glory, tJ
longer Succession of Kings, than any Monarchy upon Earth can at
Day boast of, We cannot but behold, with the deepest Concern the
Miseries they suffer under a foreign Usurpation, and the in;
Burdens daily added to their yok become yet more sensible to
Us, when We consider the constant Zeal and Affection the Gen
our Subjects of that Our ancient Kingdom have expressed for I':- on all
Occasions, and particularly when We had the ;
Ourselves among them.
ice a N. ays famous for Valour, an esteemed by
under the s\r 'tence of an Union with a more powerful Neipjhboui
pretended
-Ki'tkms that could be made to the con: 'd these hv-
A ''. were c*a<l;
foreseen ~ necessary Consequence^ of such oppresrire Me*
PRINCE CHARLES EDWJ
XVIII.
PROCLAMATIONS BY JAMES VIII., 1743.
A. ] .
His Majesty's Most Gracious Declaration.
JAMES R.
JAMES VIII. by the Grace of God, King of Scotland, England,
France and Ireland, Defender of the Faith, &c. To all our
loving Subjects of what Degree or Quality soever, Greeting :
Having always borne the most constant Affection to our ancient
Kingdom of Scotland, from whence We derive Our Royal Origin, and
where Our Progenitors have swayed the Sceptre with Glory, through a
longer Succession of Kings, than any Monarchy upon Earth can at this
Day boast of, We cannot but behold, with the deepest Concern the
Miseries they suffer under a foreign Usurpation, and the intolerable
Burdens daily added to their yoke, which become yet more sensible to
Us, when We consider the constant Zeal and Affection the Generality of
our Subjects of that Our ancient Kingdom have expressed for Us on all
Occasions, and particularly when We had the Satisfaction of being
Ourselves among them.
We see a Nation always famous for Valour, and highly esteemed by
the greatest of foreign Potentates, reduced to the Condition of a Province,
under the specious Pretence of an Union with a more powerful Neighbour.
In consequence of this pretended Union, grievous and unprecedented
Taxes have been laid on and levied with Severity in spight of all the
Representations that could be made to the contrary ; and these have not
failed to produce that Poverty and Decay of Trade, which were easily
foreseen to be the necessary Consequences of such oppressive Measures.
Y
178 PROCLAMATIONS BY
To prevent the just Resentment which could not but arise from such
Usage, Our faithful Highlanders, a People always trained up and inured
to Arms, have been deprived of them. Forts and Citadels have been
built and garrisoned, where no foreign Invasion could be apprehended,
and a Military Government has been effectually introduced, as into a
conquered Country. It is easy to see what must be the Consequences of
such violent and unprecedented Proceedings, if a timely Remedy be not
put to them ; neither is it less manifest, that such a Remedy can ever be
obtained, but by Our Restoration to the Throne of our Ancestors, into
whose Royal Hearts such destructive Maxims could never find Admittance.
We think it needless to call to Mind how solicitous We have ever
been, and how often We have ventured Our Royal Person to compass
this great End, which the Divine Providence seems now to have
furnished Us with the Means of doing effectually, by enabling Our good
Subjects in England to shake off the yoke under which they have
likewise felt their Share of the common Calamities. Our former
Experience leave us no room to doubt of the chearful and hearty
Concurrence of Our Scots Subjects on this Occasion, towards the
perfecting the great and glorious Work : But that none may be deterred
by the Memory of past Miscarriages, from returning to their Duty, and
being restored to the Happiness they formerly enjoyed, We in this
publick Manner think fit to make known Our gracious Intentions towards
all our People.
We do therefore, by this Our Royal Declaration, absolutely and
effectually pardon and remit all Treasons, and other Crimes hitherto
committed against Our Royal Father, or Ourselves ; from the Benefit of
which Pardon We except none ; but such as shall, after the Publication
hereof wilfully and maliciously oppose Us, or those who shall appear, or
endeavour to appear, in Arms for Our Service.
We farther declare, That We will, with all convenient Speed, call a
Free Parliament, That, by the Advice and Assistance of such an Assembly,
We may be enabled to Repair the Breaches caused by so long an Usurpa-
tion, to redress all Grievances, and to free our People from the unsupport-
able Burden of the Malt-Tax, and all other Hardships and Impositions
which have been the Consequences of the pretended Union, that so the
Nation may be restored to that Honour, Liberty and Independency,
which it formerly enjoyed.
JAMES vm., 1743. 179
We likewise promise, upon Our Royal Word, to protect, secure and
maintain all Our Protestant Subjects in the free Exercise of their Religion,
and in the full Enjoyment of all their Rights, Privileges and Immunities,
and in the secure Possession of all Churches, Universities, Colleges and
Schools, conformable to the Laws of the Land.
All this We shall be ready to confirm in our first Parliament, in which
We promise to pass any Act or Acts that Shall be judged necessary to
secure each Private Person in the full Possession of his Liberty and
Property, to advance Trade, to relieve the Poor, and establish the general
Welfare and Tranquility of the Nation : In all such Matters We are fully
resolved to act always by the Advice of our Parliaments, and to value
none of our Titles so much, as that of Common Father of our People,
which We shall ever shew Ourselves to be, by Our constant Endeavours
to promote the Quiet and Happiness of all Our Subjects. And We shall
be particularly sollictous to settle, encourage, and maintain the Fishery
and Linen Manufactory of the Nation, which We are sensible may be of
such Advantage to it, and which, We hope, are Works reserved for Us to
accomplish.
As for those who shall appear more signally zealous for the Recovery
of our just Rights, and the Prosperity of their Country, We shall take
effectual Care to reward them according to their respective Degrees and
Merits. And We particularly promise, as aforesaid, Our full, free, and
general Pardon to all Officers, Soldiers and Sailors, now engaged in the
Service of the Usurper, whether of the Sea or Land, provided that, upon
the Publication hereof, and before they engage in any Fight or Battle
against our Forces, they quit the said unjust and unwarrantable Service,
and return to their Duty ; in which Case We shall pay them all the
Arrears that shall be at that Time due to them from the Usurper : We
shall grant to the Officers the same Commissions they shall then bear, if
not higher ; and to all Soldiers and Sailors a Gratification of a whole
year's Pay, for their Forwardness in promoting Our Service.
We farther promise and declare, that the Vassals of such as shall,
without Regard to Our present Declaration, obstinately persist in their
Rebellion, and thereby forfeit all Pretensions to Our Royal Clemency,
shall be delivered from all Servitude they were formerly bound to, and
shall have Grants and Charters of their Lands to be held immediately of
the Crown, provided they, upon the Publication of this Our Declaration,
declare openly for Us, and join heartily in the Cause of their Country.
ISO PROCLAMATIONS BY
And having thus declared Our gracious Intentions to Our loving
Subjects, We do hereby require and command them to be assisting to Us,
in the Recovery of Our Rights, and of their own Liberties : And that
all Our Subjects, from the Age of Sixteen to Sixty, do, upon the setting
up of Our Royal Standard, immediately repair to it, or join themselves
to such as shall first appear for Us in their respective Shires ; and also to
seize the Horses and Arms of all suspected Persons, and all Ammunition,
Forage, and whatever else may be necessary for the Use of Our Forces.
We all strictly command all Receivers, Collectors, or other Persons,
who may be seized of any Sum or Sums of Money levied in the Name,
or for the Use of the Usurper, to retain such Sum or Sums of Money in
their Hands, till they can pay them to some Person of Distinction
appearing publickly for Us, and demanding the same for Our Use and
Service, whose Receipt or Receipts shall be a sufficient Discharge for all
such Collectors, Receivers, or other Persons, their Heirs, &c.
Lastly, We do hereby require all Sheriffs of Shires, Stewards of
Stewartries, and their respective Deputies, Magistrates of Royal Boroughs,
and Bailies of Regalities, and all others to whom it may belong, to
publish this Our Declaration at the Market-Crosses of their respective
Towns and Boroughs, and there to proclaim Us, under the Penalty of
being proceeded against according to Law, for their Neglect of so
necessary and important a Duty.
Given at Our Court at Rome, the 23 d Day of December 1743, the
Forty-third year of Our Reign. J. R.
B.
JAMES, R.
Whereas We have a near Prospect of being restored to the Throne
of Our Ancestors, by the good Inclination of Our Subjects towards Us ;
and whereas, on Account of the present Situation of this Country, it will
be absolutely impossible for Us to be in Person at the first setting up of
Our Royal Standard, and even some Time after ; We therefore esteem it
for Our Service, and the Good of Our Kingdoms and Dominions, to
nominate and appoint, as we hereby nominate, constitute and appoint,
Our dearest Son CHARLES Prince of Wales, to be sole Regent of our
JAMES VIII., 1743. l8l
Kingdoms of England, Scotland, and Ireland, and of all other Our
Dominions during Our Absence. It is Our Will and Intention, That
our said dearest son should enjoy and exercise all that Power and
Authority, which, according to the ancient Constitutions of Our King-
doms, has been enjoyed and exercised by former Regents. Requiring
all Our faithful Subjects to give all due Submission and Obedience to
Our Regent aforesaid, as immediately representing Our Royal Person,
and acting by Our Authority. And We do hereby revoke all Commissions
of Regency granted to any Person or Persons whatsoever. And, lastly,
We hereby dispense with all Formalities, and other Omissions that may
be herein contained, declaring this Our Commission to be as firm and
valid, to all Intents and Purposes, as if it had passed Our Great Seals,
and as if it were according to the usual Stile and Forms.
Given under our Sign Manual and Privy Signet, at Our Court at
Rome, the 23 d Day of December, 1743, in the 43 d year of Our
Reign. J. R. (L. S. Loco Sigilli.)
XIX.
PROCLAMATIONS BY PRINCE CHARLES EDWARD, 1745.
A.
CHARLES P. R.
By Virtue and Authority of the above Commission of Regency,
granted unto Us by the King our Royal Father ; We are now come to
execute his Majesty's Will and Pleasure, by setting up his Royal Standard,
and asserting his undoubted Right to the Throne of his Ancestors.
We do therefore, in His Majesty's Name, and pursuant to the Tenor
of his several Declarations, hereby grant a free, full and general Pardon
for all Treasons, Rebellions, and Offences whatsoever, committed at any
Time before the Publication hereof, against Our Royal Grandfather, His
Present Majesty and Ourselves. To the Benefit of this Pardon, We shall
deem justly intitled all such of His Majesty's Subjects, as shall testify
their Willingness to accept of it, either by joining Our Forces with all
convenient Diligence, by setting up his Royal Standard in other Places,
by repairing for Our Service to any Place where it shall be set up ; or, at
least, by openly renouncing all pretended Allegiance to the Usurper, and
all Obedience to his Orders ; or to those of any Person or Persons
commissioned, or employed by him, or acting avowedly for him.
As for those who shall appear more signally zealous for the Recovery
of His Majesty's just Rights, and the Prosperity of their Country, We
shall take effectual Care to have them rewarded according to their
respective Degrees and Merits ; and We particularly promise, as aforesaid,
a full, free and general Pardon to all Officers, Soldiers, and Sailors, now
engaged in the Service of the Usurper ; provided, that upon the Publica-
tion hereof, and before they engage in any Fight or Battle against His
Majesty's Forces, they quit the said unjust and unwarrantable Service,
and return to their Duty ; since they cannot but be sensible, that no
PROCLAMATIONS BY PRINCE CHARLES EDWARD, 1745. 183
Engagements, entered into with a foreign Usurper, can dispense with the
Allegiance they owe to their natural Sovereign. And as a further
Encouragement to them to comply with their Duty and our Commands ;
We promise to every such Officer, the same, or a higher Post in Our
Service, than that which he at present enjoys, with full Payment of
whatever Arrears may be due to him at the Time of his declaring for Us;
and to every Soldier, Trooper, and Dragoon, who shall join Us, as well
as to every Seaman and Mariner of the Fleet, who shall declare for, and
serve Us, all their Arrears, and a whole year's Pay to be given to each of
them as a Gratuity, as soon as ever the Kingdoms shall be in a State of
Tranquility.
We do hereby farther promise and declare, in His Majesty's Name,
and by Virtue of the abovesaid Commission ; That, as soon as ever that
happy State is obtained, he will, by and with the Advice of a Free
Parliament, wherein no Corruption, nor undue Influence whatsoever, shall
be used to biass the Votes of the Electors, or Elected ; settle, confirm,
and secure all the Rights, Ecclesiastical and Civil, of each of his
respective Kingdoms : His Majesty being fully resolved to maintain the
Church of England, as by Law established, and likewise the Protestant
Churches of Scotland and Ireland, conformable to the Laws of each
respective Kingdom ; together with a Toleration to all Protestant Dis-
senters : He being utterly averse to all Persecution and Oppression
whatsoever, particularly on account of Conscience and Religion. And
We Ourselves, being perfectly convinced of the Reasonableness and
Equity of the same Principles ; do, in consequence hereof, farther promise
and declare, That all His Majesty's Subjects shall be, by Him and Us,
maintained in the fully Enjoyment and Possession of all their Rights,
Privileges, and Immunities, and especially of all Churches, Universities,
Colleges and Schools, conformable to the Law of the Land, which shall
ever be the unalterable Rule of His Majesty's Government, and Our own
Actions.
And, that this Our Undertaking may be accompanied with as little
present Inconveniency as possible to the King's Subjects, We do hereby
authorise and require all Civil Officers "and Magistrates, now in Place
and Office, to continue, till farther Orders, to execute their respective
Employments in Our Name and by Our Authority, as far as may be
requisite for the Maintenance of common Justice, Order and Quiet ;
1 84 PROCLAMATIONS BY
Willing and requiring them, at the same time, to give strict Obedience to
such Orders and Directions, as may from Time to Time be issued out by
Us, or those who shall be vested with any Share of Our Authority and
Power.
We also command and require all Officers of the Revenue, Customs
and Excise, all Tax-Gatherers, of what Denomination soever ; and all
others who may have any part of the publick Money in their Hands, to
deliver it immediately to some principal Commander authorized by Us,
and take his Receipt for the same, which shall be to them a sufficient
Discharge ; and, in case of Refusal, We authorize, and charge all such
Our Commanders, to exact the same for Our Use, and to be accountable
for it to Us, or Our Officers for that Purpose appointed.
And having thus sincerely, and in the Presence of Almighty God,
declared the true Sentiments and Intentions of the King Our Royal
Father, as well as Our own, in this Expedition, We do hereby require
and command all His loving Subjects to be assisting to Us in the
Recovery of His just Rights, and of their own Liberties : And that all
such, from the Age of Sixteen to Sixty, do forthwith repair to His
Majesty's Royal Standard, or join themselves to such as shall appear in
their respective Shires for His Service : And also to seize the Horses and
Arms of all suspected Persons, and all Ammunition, Forage, and what-
ever else may be necessary for the Use of Our Forces.
Lastly, We do hereby require all Mayors, Sheriffs, and other
Magistrates, of what Denomination soever, their respective Deputies,
and all others to whom it may belong, to publish this our Declaration at
the Market Crosses of their respective Cities, Towns, and Boroughs, and
there to proclaim His Majesty, under the Penalty of being proceeded
against according to Law, for the Neglect of so necessary and important
a Duty : For as we have hereby graciously and sincerely offered a free
and general Pardon for all that is passed ; so We, at the same time,
seriously warn all His Majesty's Subjects, that We shall leave to the
Rigour of the Law, all those who shall from henceforth oppose Us, or
willfully and deliberately do or incur in any Act or Acts, Civil or
Military, to the Lett or Detriment of Us, Our Cause or Title, or to the
Destruction, Prejudice, or Annoyance of those, who shall, according to
their Duty and our Intentions thus publickly signified, declare and act
for Us.
Given at Paris, the i6th May 1745. C. P. R.
PRINCE CHARLES EDWARD, 1745. 185
B.
CHARLES Prince of Wales, &c., Regent of the Kingdoms of
Scotland, England, France and Ireland, and the Dominions
thereunto belonging.
Whereas We have, seen a certain scandalous and malicious Paper,
published in the Style and Form of a Proclamation, bearing Date the
I st Instant, wherein, under Pretence of bringing Us to Justice, like Our
Royal Ancestor King Charles the I. of blessed Memory, there is a
Reward, of Thirty Thousand Pounds Sterling, promised to those who
shall deliver Us into the Hands of Our Enemies : We could not but be
moved with a just Indignation at so insolent an Attempt. And tho'
from Our Nature and Principals We abhor and detest a Practice so
unusual among Christian Princes, We cannot, but out of a just Regard
to the Dignity of our Person promise the like Reward of Thirty
Thousand Pounds Sterling, to him or those who shall seize and secure,
till Our further Orders, the Person of the Elector of Hanover, whether
landed, or attempting to land, in any Part of His Majesty's Dominions.
Should any fatal Accident happen from hence, let the Blame lie entirely
at the Door of those who first set the infamous Example.
CHARLES P. R.
Given in Our Camp at Kinlocheill,
August the 22nd, 1745.
By His Highness's Command
Jo. MURRAY.
c.
CHARLES Prince of Wales, &c., &c.
Whereas We are informed, that great Distress, and many Incon-
veniencies have attended the Removal of the two Banks into the Castle,
and that the Credit of the said Banks has suffered much, from an
Opinion industriously spread, that we intended to seize on Money,
wherever it was to be found, to the Detriment of our Father's Subjects.
Z
1 86 PROCLAMATIONS BY
We therefore judge it proper, for the Good of all his Majesty's
Subjects, and as a Security to the several Proprietors of the Banks, to
declare, That their Money and Effects lodged therein, shall be entirely
sure under our Protection, and free from all Contribution to be exacted
by us in any Time coming : So that the said Proprietors may return with
Safety to their former Business of Banking, under our special Protection :
And we ourselves shall contribute so far in the Re-establishment of
Publick Credit, as to receive Bank Notes in Payments made to us in
Publick, or other Monies, and shall issue the same in Payments to be
made by us : So that our Arrival in this Kingdom shall in no wise hurt
or influence the Credit formerly established.
CHARLES P. R.
Given at our Palace of Holyrood-House,
the 25th Day of September 1745.
By His Highness's Command,
Jo. MURRAY.
D.
CHARLES Prince of Wales, &c., Regent of Scotland, England,
France and Ireland, with the Dominions thereunto belonging.
Whereas We are informed, That several of Our Subjects, as well
Clergy as Laity, in Our ancient City of Edinburgh, and Neighbourhood
thereof, did officiate and take up Arms against Us ; and that many of
them fled from their Houses, lest they had been persecuted, and made
Examples of, as their demerited.
And whereas, we have nothing at Heart, but the Good of all Our
Subjects, how much so ever deluded by the Prejudice of Education or
mistaken Interest ; and being always disposed, as a true Father of our
Country, to display that Mercy and Tenderness natural to Us, and the
distinguishing Characteristic of our Family.
We do therefore, in his Majesty's Name, hereby grant a full Pardon
to the Persons officiated as aforesaid, for all Treasons, Rebellions, and
Offences whatsoever, committed by them at any Time before the
Publication of these Presents whether against Our Royal Grandfather
PRINCE CHARLES EDWARD, 1745. 187
of blessed Memory, his present Majesty, or Ourselves, dispensing with
the Generality hereof, and admitting the same to be as effectual, to all
Intents and Purposes, as if all their Names had been herein set down.
Provided always, That the Persons aforesaid present themselves within
twenty four days after the Publication hereof to our trusty and beloved
Counsellor John Murray of Broughton, Esq. ; Our Secretary, or any one
of Our Council appointed for that Purpose, at our Palace of Holyrood-
House, or where else We shall be for the Time, with a Declaration that
they shall live for the future as quiet and peaceable Subjects to Us and
Our Government, otherwise these Presents to be of no Effect to them.
Given at our Palace of Holyrood-House the 24th Day of September,
.and of his Majesty's Reign the 45th year 1745.
CHARLES P. R.
By His Highness's Command.
Jo. MURRAY.
E.
CHARLES Prince of Wales, &c., Regent of Scotland, England,
France and Ireland, and the Dominions thereunto belonging.
CHARLES P. R.
Whereas We are certainly informed, That the Elector of Hanover
has taken upon him, to summon a Parliament to meet at Westminster,
on Tuesday the Seventeenth of this Instant October ; We hereby warn
and command all his Majesty's Liege Subjects, whether Peers or
Commoners, to pay no Obedience to any such Summons, and not to
presume to meet or act as a Parliament at the Time and Place appointed,
or any other ; the so doing by any Authority but that of the King our
Royal Father, since the setting up of his Standard, and his Majesty's
gracious Pardon offered for all that is past, being an Overt Act of
Treason and Rebellion : but if, notwithstanding this our Declaration, any
Number of Persons shall presume to meet in either House, and act there
as Members of a lawful Parliament, they cannot but be sensible that no
Right or Privilege of Parliament can avail to justify what they say or do,
1 88 PROCLAMATIONS BY
in such an unlawful Assembly. And for those of his Majesty's Subjects
of this his ancient Kingdom of Scotland, whether Peers or Commoners,
who shall, contrary to these our express Commands, presume to sit or
vote as aforesaid, as soon as the same shall be verified to us, the Trans-
gressors shall be proceeded against as Traitors and Rebels to their King
and Country, and their Estates shall be confiscated for his Majesty's
Use, according to the Laws of the Land ; the pretended Union of the
Kingdoms being now at an End. Lastly, We hereby strictly enjoin and
command all his Majesty's faithful Subjects, of what Rank and Degree
soever, to pay no Obedience or Regard to any Act, Vote, Order, or
Resolution, that may be published in the Name of both Houses, or of
either of them respectively, as they shall answer the contrary at their Peril.
Given at the Palace of Holyrood-House, the ninth Day of October,
One thousand seven hundred and forty five.
CHARLES P. R.
By His Highness's Command,
Jo. MURRAY.
F.
CHARLES Prince of Wales, &c., Regent of the Kingdoms of
England, Scotland, France, and Ireland, and the Dominions
thereunto belonging : Unto all His Majesty's Subjects, of what
Degree soever, Greeting.
CHARLES P. R.
As soon as We, conducted by the Providence of God, arrived in
Scotland, and were joined by a Handful of Our Royal Father's Subjects,
Our first Care was to make publick his most gracious Declaration ; and,
in consequence of the large Powers by him vested in Us, in quality of a
Regent, We also emitted Our own Manifesto, explaining and enlarging
the Promises formerly made, according as We came to be better acquainted
with the Inclinations of the People of Scotland. Now, that it has pleased
God so far to smile on Our Undertaking, as to make Us Master of the
ancient Kingdom of Scotland, We judged it proper, in this publick
PRINCE CHARLES EDWARD, 1745. 189
Manner, to make manifest what ought to fill the Hearts of all his
Majesty's Subjects, of what Nation or Province soever, with Comfort
and Satisfaction.
We therefore hereby, in his Majesty's Name, declare, That his sole
Intention is to reinstate all his Subjects in the full Enjoyment of their
Religion, Laws and Liberties ; and that Our present Attempt is not
undertaken in Order to enslave a Free People, but to redress and remove
the Encroachments made upon them ; not to impose upon any a Religion
which they dislike, but to secure them all the Enjoyment of those which
are respectively at present established among them, either in England,
Scotland, or Ireland ; and if it shall be deemed proper, that any farther
Security be given to the established Church or Clergy, We hereby
promise, in his Name, That he shall pass any Law that his Parliament
shall judge necessary for that Purpose.
In Consequence of the Rectitude of Our Royal Father's Intentions,
We must farther declare his Sentiments with regard to the National
Debt : That it has been contracted under an unlawful Government,
Nobody can disown, no more than that it is now a most heavy Load
upon the Nation ; yet, in regard that it is for the greatest part due to
those very Subjects whom he promises to protect, cherish, and defend, he
is resolved to take the Advice of his Parliament concerning it, in which
he thinks he acts the Part of a just Prince, who makes the Good of his
People the sole Rule of his Actions.
Furthermore, We here in his Name declare, That the same Rule laid
down for the Funds, shall be followed with respect to every Law or Act
of Parliament since the Revolution ; and, in so far as, in a free and legal
Parliament, they shall be approved, he will confirm them. With respect
to the pretended Union of the two Nations, the king cannot possibly
ratify it, since he has had repeated Remonstrances against it from each
Kingdom ; and since it is incontestable, that the principal Point then in
View was the Exclusion of the Royal Family from their undoubted
Right to the Crown, for which Purpose the Grossest Corruptions were
openly used to bring it about. But whatever may be hereafter devised
for the joint Benefit of both Nations, the King will most readily comply
with the Request of his Parliaments to establish.
And now that We have, in His Majesty's Name, given you the most
ample Security for your Religion, Properties and Laws, that the Power
PROCLAMATIONS BY
of a British Sovereign can grant ; We hereby for Ourselves, as Heir
apparent to the Crown, ratify and confirm the same in Our own Name,
before Almighty God, upon the Faith of a Christian, and the Honour of
a Prince.
Let me now expostulate this weighty Matter with you, my Father's
Subjects, and let me not omit this first publick Opportunity of awakening
your Understandings, and of dispelling that Cloud, which the assiduous
Pens of ill-designing Men have all along, but chiefly now, been en-
deavouring to cast on the Truth. Do not the Pulpits and Congregations
of the Clergy, as well as your Weekly Papers, ring with the dreadful
Threats of Popery, Slavery, Tyranny and Arbitrary Power, which are
now ready to be imposed upon you, by the formidable Powers of France
and Spain ? Is not my Royal Father represented as a Bloodthirsty
Tyrant, breathing out nothing but Destruction to all those who will not
immediately embrace an odious Religion ? Or, Have I my self been
better used ? But listen only to the naked Truth.
I, with my own Money, hired a Vessel, ill provided with Money,
Arms or Friends ; I arrived in Scotland, attended by seven Persons ; I
publish the King my Father's Declaration, and proclaim his Title, with
Pardon in one Hand, and in the other Liberty of Conscience, and the
most solemn Promises to grant whatever a free Parliament shall propose
for the Happiness of a People, I have, I confess, the greatest Regard to
adore the Goodness of Almighty God, who has, in so remarkable a
Manner, protected me and my small Army through the many Dangers
to which we were at first exposed, and who has led me in the Way to
Victory, and to the Capital of this ancient Kingdom, amidst the
Acclamations of the King my Father's Subjects ; why then is so much
Pains taken to spirit up the Minds of the People against this my
Undertaking.
The Reason is obvious, it is, lest the real Sense of the Nation's
present Sufferings should blot out the Remembrance of past Misfortunes,
and of the Outcries formerly raised against the Royal Family. Whatever
Miscarriages might have given Occasion to them, they have been more
than atoned for since ; and the Nation has now an Opportunity of being
secured against the like for the future.
That our Family has suffered Exile during these Fifty-seven Years,
every Body knows. Has the Nation, during that Period of Time, been
PRINCE CHARLES EDWARD, 1/45. 191
the more happy and flourishing for it ? Have you found Reason to love
and cherish your Governors, as the Fathers of the People of Great Britain
and Ireland? Has a Family, upon whom a Faction unlawfully bestowed
a Diadem of a rightful Prince, retained a due Sense of so great a Trust
and Favour ? Have you found more Humanity and Condescension in
those who were not born to a Crown, than in my Royal Forefathers ?
Have their Ears been open to the Cries of the People? Have they, or
do they consider only the Interest of these Nations ? Have you reaped
any other Benefit from them, than an immense Load of Debts ? If I
am answered in the Affirmative, why has their Government been so often
railed at in all your Publick Assemblies ? Why has the Nation been so
long crying out in vain for Redress against the Abuses of Parliaments,
upon Account of their long Duration, the Multitude of Place-Men,
which occasions their Venality, the Introduction of Penal Laws, and, in
general, against the miserable Situation of the Kingdom at Home and
Abroad ? All these, and many more Inconveniencies must now be
removed, unless the People of Great-Britain be already so far corrupted,
that they will not accept of Freedom when offered to them ; seeing the
King, on his Restoration, will refuse nothing that a free Parliament can
ask, for the Security of the Religion, Laws and Liberty of his People.
The Fears of the Nation from the Powers of France and Spain,
appear still more vain and groundless. My Expedition was undertaken
unsupported by either : But, indeed, when I see a foreign Force brought
by my Enemies against me, and when I hear of Dutch, Danes, Hessians
and Swiss the Elector of Hanover's Allies, being called over to protect
his Government against the King's Subjects, Is it not high Time for the
King, my Father, to accept also of the Assistance of those who are able,
and who have engaged to support him ? But will the World, or any
Man of Sense in it, infer from thence, that he inclines to be a Tributary
Prince, rather than an Independent Monarch ? Who has the better
Chance to be Independent on foreign Powers ? He, who with the Aid of
his own Subjects, can wrest the Government out of the Hands of an
Intruder ; or he, who cannot, without Assistance from Abroad, support
his Government, tho' established by all the Civil Power, and secured by
a strong Military Force, against the undisciplined Part of those he has
ruled over so many Years ? Let him, if he pleases, try the Experiment,
let him send off his foreign Hirelings, and put the whole, upon the Issue
192 PROCLAMATIONS BY
of a Battle ; I will trust only to the king my Father's Subjects, who were
or shall be engaged in mine and their Country's Cause : But, notwith-
standing all the Opposition he can make, I still trust in the Justice of
my Cause, the Valour of my Troops, and the Assistance of the Almighty,
to bring my Enterprize to a glorious Issue.
It is now Time to conclude, and I shall do it with this Reflection.
Civil Wars are ever attended with Rancour and Ill-will, which Party
Rage never fails to produce in the Minds of those, whom different
interests, Principles or Views, set in Opposition to one another ; I
therefore earnestly require it of my Friends, to give as little Loose as
possible to such Passions ; this will prove the most effectual Means to
prevent the same in the Enemies of Our Royal Cause. And this my
Declaration will vindicate to all Posterity the Nobleness of my Under-
taking, and the Generosity of my Intentions.
Given at our Palace of Holyroodhouse, the Tenth Day of October, One
Thousand seven hundred and forty-five. C. P. R.
By his Highnesses Command, Jo. MURRAY.
G.
PROCLAMATION for Volunteers to join themselves in Regiments,
&c.
Whereas it is necessary, for preserving the Regularity of our Army,
that all Volunteers that have, or may offer their Service to us, join
themselves to some Regiment of Foot or Horse, or Train of Artillery,
so that they may be mustered, paid, and do Duty along with them ; We
therefore hereby order all the said Volunteers already in our Service, to
join us as aforesaid, within Forty eight Hours after the Publication
hereof; and such as shall hereafter offer their Service to us, are to join
as aforesaid within Forty eight Hours after their Arrival at our Army.
And we hereby prohibit and discharge, under our highest Displeasure,
any Person or Persons to wear Cockades, unless they be join'd as said is,
or belong to the Conductors of our Baggage, Forage, Provisions,
Houshold, or other Branch of our Service.
Given at our Palace of Holyrood House, the 22nd Day of October,
1745. By His Highness's Command, Jo. MURRAY.
PRINCE CHARLES EDWARD, 1745. 193
II.
CHARLES, Prince of Wales, Regent of the Kingdoms of England,
Scotland, France, and Ireland, and the Dominions thereunto
belonging.
Being come to recover the King our Father's just Rights, for which
we are arrived with all his Authority, we are sorry to find that you
should prepare to obstruct our Passage. We therefore, to avoid the
Effusion of English Blood, hereby require you to open your Gates, and
let us enter, as we desire, in a peaceable Manner ; which if you do, we
shall take Care to preserve you from any Insult, and set an Example to
all England of the Exactness with which we intend to fulfil the King
Our Father's Declarations and Our own. But, if you shall Refuse us
Entrance, we are fully resolved to force by such Means as Providence
has put into our Hands ; and then it will not perhaps be in our Power to
prevent the dreadful Consequences which usually attend a Town's being
taken by Assault. Consider seriously of this, and let me have your
Answer within the Space of two Hours ; for we shall take any further
Delay as a peremptory Refusal, and Take our Measures accordingly.
By His Highness's Command, Jo. MURRAY.
To the Mayor of Carlisle.
DECLARATION Lord John Drummond, Commander in Chief of His
most Christian Majesty's Forces in Scotland ;
[Translated from the French.]
We Lord JOHN DRUMMOND, Commander in chief of His most
Christian Majesty's Forces in Scotland, do hereby declare, That We are
come to this Kingdom with written Orders, to make War against the
King of England, Elector of Hanover, and all his Adherents : And that
the positive Orders, We have from His most Christian Majesty, are to
A I
194 PROCLAMATIONS BY PRINCE CHARLES EDWARD, 1745.
attack all His Enemies in this Kingdom, whom he has declared to be
those, who will not immediately join and assist, as far as will lie in their
Power, the Prince of Wales, Regent of Scotland, &c. his Alley, and whom
he is resolved, with the Concurrence of the King of Spain, to support in
taking the Kingdoms of Scotland, England, and Ireland, if necessary, at
the Expence of all the Men and Money he is Master of. To which
Kingdoms the Family of Stewart have the just and undisputable Title :
And his most Christian Majesty's positive Orders are, That his Enemies
should be used in this Kingdom in Proportion to the Harm they do, or
intend to do his Royal Highness's Cause.
Given at Montrose, the 2d. December 1745.
Jo. DRUMMOND.
XX.
EXTRACTS FROM ABERDEEN BURGH RECORDS, 1745-46.
A. FROM COUNCIL REGISTER.
3 ist August, 1745.
The town to be put in a posture of defence.
The said day, the Councill considering that there is ane insurrection
in the Highlands, and that its proper the Town should be put in a
posture of defence, they therefore agreed that the Town should be
mustered and lists of all the fensible men taken up and of their arms
and amunition, and also that the whole should be divided into twelve
companys, and the Officers to be as follows, viz 1 ., Provost John Robertson
to be Major of Futtie quarter ; William Chalmers, late Provost, to be
Major of the Green quarter ; Alexander Robertson, late Provost, to be
Major of the Crooked quarter ; Alexander Aberdein, late Provost, to be
Major of the Even quarter ; Captain Macfarlane to be Adjutant
General ; Captain Alexander Gordon, Shipmaster, to be Captain of the
Artilery ; James Dyce, John Elphinston, Alexander Bannerman, Baillie
Davidson, William Symson, John Burnet, Baillie William Mowat, William
Walker, Alexander Mitchell of Colpnay, William Strachan and David
Cuthbert, to be Captains of the twelve companys ; James Thomson of
Portlethen ; Thomas Mosman, Advocate ; William Brebner, Merchant ;
George Walker, Advocate ; James Burnet, Merchant ; Charles Forbes
of Shiells ; George Turner, Advocate ; Peter Turnbull ; William
Midleton, Charles Copland, Junior, Andrew Logic, and James Black,
Junior, Merchants, to be the twelve Lieutenants ; Peter Sandilands,
Merchant ; Peter Barren, Wright ; Adam Duff and David Farquhar,
Merchants; William Crystal!, Wright; Andrew Walker, Junior, Merchant;
Andrew Thomson, Advocate; George Gordon, Merchant ; George Cooper,
Goldsmith ; George Shand and George Mowat, Merchants, and William
Johnston, Pewterer ; to be the twelve Ensigns.
JAMES MORISON, Provost.
196 EXTRACTS FROM RECORDS
1 2th September, 1745.
The towns cannon at the harbour to be sent to Edinburgh for
preservation in the Castle.
The said day, the Provost represented that Sir John Cope, Knight of
the Bath, and general of the forces, had sent for him and the other
Magistrals, and represented that this day he had observed on the fort at
the harbour mouth several large and small cannon, and also that he was
informed that the Town had a considerable number of small arms, and
therefore Sir John asked the Magistrates if they were resolved to
keep these cannon, arms and amunition for the defence of the Town
against any enemies of the Government, or if they would incline to send
them along with the transports, in order to prevent their falling into any
enemy's hands ; and if they should resolve on the last proposal the
general engaged that all these guns and amunition should be lodged in
the Castle of Edinburgh for the towns behoof. Which being considered
by the Councill, and they having deliberatly pondered the same, they
find that the cannon were bought for the use of the harbour, but could
not be used or defended by town against a land force, and therefore
resolved that all the towns cannon, with their powder and shott and
implements belonging to them, should be immediately shipped and sent
to the Castle of Edinburgh, along with the armys convoy. But as to
the small arms, delayed the consideration thereof untill the burghers
should be advised thereanent to-morrow forenoon whether they should
be kept for the defence of the town, and recomends to the Magistrates to
appoint proper persons for executing the premises.
JAMES MORISON, Provost
1 3th September, 1745.
I
Sir John Cope demands the transmission also of the small arms,
which is agreed to.
Att Aberdeen, the thirteenth day of September one thousand seven
hundred and fourty five years, in presence of the provost and magistrals,
and principall burgers, conveener and deacons of the trades of Aber-
deen : the said day the act of Councill, of yesterdays date, being
OF BURGH OF ABERDEEN, 1745. 197
read in presence of the meeting, and the provost having represented that
Sir John Cope had once and again this day conversed with him and the
magistrats anent the small arms, and showing that if the Town would
determine to keep these arms, and that should they afterwards be
seized upon by ane enemy, the town would lay themselves obnoxious to
the goverment and made answerable for such conduct ; and they having
fully reasoned on the expediencie of keeping the towns small arms for
the towns defence, or if they should be transmitted along with the cannon
in order to prevent their falling into the enemy's hands, Resolved that
the said small arms should be sent along with the cannon to the Castle of
Edinburgh for preservation, and that they may not fall into ane enemy's
hands, and the Councill afternamed, viz., Provost, Baillies Gordon,
Midleton, Burnet, and Leslie ; dean of gild, treasurer, masters of kirk
work mortifications, and hospital ; Provost Aberdein, Baillie Davidson,
David Farquhar, James Mackie, George Gordon, George Cooper, James
Thorn, having immediatly met after the said meeting and considered
their resolution, and Sir John Cope, general of the forces, appearing in
councill, and demanding, in the King's name, whether they were to
deliver up the towns small arms, or let them fall in the rebells' hands,
which he was sure would soon be the case, and for which they would be
made answerable to the government, and demanded their answer as soon
as possible ; all which being considered by the councill, they unanimously
agreed to give up the towns small arms, in order to be transmitted to
the Castle of Edinburgh for preservation.
1 3th September, 1745.
Spies to be hired during the troubles.
The said day, the councill considering the troubles that are presently
in this country and in this neighbourhood, they recomend to the magis-
trats that they should have trusty persons as spys at all corners, at any
distance they shall judge proper, in order to give intelligence of the
motions any enemy, and to impower them to hyre horses, and be at all
necessary expence.
JAMES MORISON, Provost.
198 EXTRACTS FROM RECORDS
25th September, 1745.
T/ie Election of Council interrupted by the Jacobite Invasion of the Town.
The said day, the new councill being chosen, there were lists thereof
given out, in order to meet precisely at three o'clock that afternoon with
the old councill, to elect magistrates and office-bearers ; but immediately
after finishing the election of the new councill, which was about twelve
of the clock midday, John Hamilton in Strathbogie, with a number of
armed men, both horse and foot, entered the town in a hostile manner,
drums beating and colours flying, and paraded at the cross and market
place, where they were^ joined by severall others in arms of the town and
neighbourhood, and immediately they demanded the keys of the cross,
and sent a party of armed men in quest of James Morison, Esq., present
provost, and not finding him at home, sent a second party with orders to
burn his house if he did not appear, and at last having found him, they,
in a forcible manner, carried him down prisoner, with drawn swords and
other weapons, to the town house, and in the same manner afterwards
forced him up upon the cross, and thereafter sent in quest of the other
magistrates and councellors, and having found two of the baillies and
some of the councellors, they also forced them up upon the cross, and
afterwards, in presence of the said John Hamilton and his adherents,
and a great crowd of spectators, James Petrie, Sheriff-Substitute of
Aberdeen, did openly, and with a loud voice, read the Pretender's
manifesto's and declarations over the said cross. Thereafter they caused
wine to be brought to the cross, where they openly and avowedly drunk
the Pretender's health, and severall other treasonable and rebellious
healths, and endeavoured by force to make the said provost drink their
healths, which he refusing, they poured the wine down his breast, and
caused the bells in town to be rung, and made publick rejoicings, and, as
a pretended jubilee, caused throw open the prison doors, whereby those
that were committed for murder and other crimes, as well as for debts,
made their escape ; Thereafter the provost, having got free of the rebells,
he and some others of the counseillors were immediatly obliged to fly
the town, whereby there was ane intire stop put to any further procedure
in the election of magistrates or councill, as the rebells remained in town,
taking arms and horses from the inhabitants, and threatening all and
OF BURGH OF ABERDEEN, 1746. 199
every person that should do any act or deed but in name of their
Pretender, that they would be immediatly committed to prison.
The town ruled by the rebels for five months.
That in this state the town continued untill about the twenty fifth of
February, one thousand seven hundred and fourty six years, overawed and
under the pretended government of the rebells, their governors and
deputy governors appointed by them, who keeped constant possession of
the town house and guards in the guard house all the forsaid space, and
who extorted taxations, levy money, quartering money, and what else
they thought proper, as more fully appears by the minutes of the
meetings of the inhabitants, who are under a necessity to conveen and
deliberate how to satisfy the demands made on the town by the rebells,
in order to prevent military execution and the destruction of their houses,
effects, and familys. The procedure of the rebells and deliberations of
the inhabitants during this juncture arc fully sett furth in a book kept
apart for that effect.
The Town relieved by the Duke of Cumberland. The Duke made a
burgess. Orders for completing the election.
That this town was most happily relieved the last week of February
by the arrival of the army under the command of His Royall Highness
the Duke of Cumberland, on whose approach the rebells fled northward.
That H. R. H. the Duke entered this burgh the twenty seventh of
February one thousand seven hundred and fourty six years, and continued
here with his army untill the eighth day of April, during which space
the town received severall marks of His Royall Highnesses most gracious
favour, and he did them the honour of accepting the freedom of the city,
and appointed twelve of the citizens governours untill a legall magistracy
should be restored, and gave them a commission, with as ample priviledges
as any former magistracy ; and the said governours procedure during
their administration stands recorded in books apart ; and before H.R.H.
left the town, having such intire confidence of the loyalty of most of
the citizens, he ordered arms to be given to them that they might be
formed into a battallion of volunteers for the defence of the town, and
2OO EXTRACTS FROM RECORDS
accordingly they were put under muster to the number of twixt three
and four hundred men, and constantly did duty night and day untill
relieved by a party of the army again, which was upon the day of
June last: That upon the sixteenth day of April last past, H.R.H.
having obtained a complete victory, and given a totall overthrow to the
rebells at the memorable battle of Culloden, soon thereafter the governors
judging that peace was in a manner restored, transmitted a petition to
his Majesty King George, craving royall vvarrand for a new election of
magistracy for the better government of this city ; and his Majesty with
advice of his Privie Councill was pleased to order the former Councill to
proceed to finish their election alike as if they had not been interrupted ;
which order bears date the day of June, one thousand seven
hundred and fourty six years, and appointed the election to be proceeded
unto on the ninth of July then next ; and which order having come
directed to Provost Morison, he did, upon the fifth day of the said month
of July, call the old councill, and caused read the order of Privy Councill
and intimated to them to attend at the High Councill House on
Wednesday thereafter, being the ninth of July, one thousand seven
hundred and fourty six years, at three of the clock afternoon, in order to
proceed to elect magistrats and office-bearers, and complete the election.
9th July, 1746. 3 o'clock afternoon.
Act of Privy Council for completing the Election of the Council,
And they having accordingly this day mett, time and place forsaid,
together with the new councill, conveener, and deacons of crafts, the
Provost again produced the forsaid order of the Privy Councill, which
was read in presence of the new and old Councills, and of which the tenour
follows : At the Councill Chamber, Whitehall, the i6th day of June
1746, present the Lords of his Majestys Most Honourable Privy Councill,
Whereas a Petition hath been presented to His Majesty at this Board
in name of the Governours of the City of Aberdeen appointed by his
Royall Highness the Duke of Cumberland, setting furth, That Michaelmas
last being the legall time for the annual elections of the magistracy and
common councill of the said burgh, those who were in office at that time
did proceed, on the usuall days, to elect their successors : That in the
OF BURGH OF ABERDEEN, 1746. 2OI
forenoon they did chuse a new council, and adjourned to the afternoon,
intending then to meet, and chuse magistrates and other office-bearers
out of the new councill, conformeable to the usual custom. But about
mid-day the rebells entered the town, laid violent hands on the provost
and others of the magistrates, maletreated them, and obliged the provost
to fly from the town, and thereby put a stop to any further proceedure in
the election : that during this wicked and unnaturall rebellion a few
members of the old and new councills have not behaved with that zeal
and affection to his Majestys person and government as became dutifull
and loyall subjects, that when the election in said burgh was obstructed
by the rebellion in 1715, his late Majesty did in Councill grant a warrant
for the provost and four baillies of the former year to make elections of
a magistracy and councill after the rebells were dispossessed. The
petitioners therefore pray that his Majesty would be pleased to order the
last provost and four baillies (who are all well affected) to proceed to the
election of a new magistracy and common council. And whereas his
Majestys Attorney-General, the Lord Advocate of Scotland and his
Majestys Sollicitor-General, to whom his Majesty has thought proper to
referr the said petition, have this day reported that they have considered
the same, and upon enquiry find that the majority of the said petitioners
were members of the councill for the last year, or of the new councill
chosen at Michaelmas last, when the further proceedings to complete the
election were interrupted by the rebells ; and the said Attorney-Generall,
Lord Advocate, and Sollicitor-Generall, are of opinion that none of the
persons who were intituled to elect magistrates and other office-bearers
out of the new councill chosen at Michaelmas last, and who have since
behaved themselves dutifully and loyally, should be excluded from
taking part in what remains to be done for compleating such election ;
and that as no evidence have been laid before them of the treason or
misbehaviour of any member of the old councill or the new during this
rebellion ; they are of opinion that in case any of them have rendered
themselves obnoxious to the law by joining with, or by aiding or abetting
the rebells, care should be taken to bring them to justice in due course
of law : that the same persons who might have elected the magistrates
and other office-bearers in the city of Aberdeen at Michaelmas last may,
by order in councill, be authorised to proceed to make or complete such
election now, on a day to be named in such order, in the same manner as
B I
202 EXTRACTS FROM RECORDS
they might and ought to have done at Michaelmas last, had they not
been prevented by such necessity as the power of the rebells at that time
in those parts ; and, at the same time, the petitioners may be directed to
exhibit particular informations against such members of the old and new
councils (if there have been such) as have rendered themselves obnoxious
to the law, by joining themselves with, or by aiding or abetting the
rebells, to the end that by warrant of proper magistrates they may be
apprehended and committed to custody in order to tryal : which report
being this day taken into consideration, it is thereupon ordered in councill
that for restoring the peace and good government of the said burgh, the
same persons who ought have elected the magistrates, councillors, and
other office-bearers in the said burgh at Michaelmas, shall, and they are
hereby authorized and required, on Wednesday the ninth day of July
next, to proceed to make or compleat the election of magistrates,
councillors, and other office-bearers to serve in the said burgh of
Aberdeen from the ninth day of July aforesaid untill the ordinary time
of the annuall change of the magistrates, councillors, and other office-
bearers of the said burgh in the year 1746, in such manner as they
might and ought to have done at Michaelmas last, if they had not been
disturbed by the rebellion ; and that from thenceforward, the procedure
in the election of magistrates, councillors, and other office-bearers be
continued according to the constitution, setts, and customs of the said
burgh. And it is hereby further ordered that the petitioners do exhibite
particular informations against such members of the old or new councill
(if there have been such) as have rendred themselves obnoxious to the
law by joining with, or by aiding or abetting the rebells, to the end that
by warrant, of proper magistrates they may be apprehended and com-
mitted to custody in order to tryal ; of which all persons concerned are
to take notice and pay due obedience hereto.
9th July, 1746.
Act of the double Council for renewing the Duke of Cumberland's
burgess ticket in a gold box.
The said day, the double council taking to their serious consideration,
that in the beginning of March last, the late magistrates waited on his
OF BURGH OF ABERDEEN, 1746. 203
Royal Highness the Duke of Cumberland and presented him with the
freedom of the city, which he was most graciously pleased to accept off ;
at sametime, they acquainted him that how soon a legall magistracy
was restored, they would take an opportunity of renewing the said
freedom in the most ample and genteel manner they could devise ;
which procedure of the late Magistrates being considered by the said
double council!, they highly approved thereof, and unanimously agreed
that immediately there should be another ticket made out for his Royal
Highness in name and by order of the double councill, and that the
same should be presented to his Royal Highness in a gold box of the
best fashion ; and recommends to the magistrates to cause make the said
gold box, and extend the ticket in the genteelest form ; and when the
same is ready, that the provost, with any of the magistrates, do present
the same to his Royal Highness the Duke (if in Scotland) ; and appoints
the dean of gild to pay out the whole expences, whereanent thir presents
shall be warrant for the haill premises.
1 2th July, 1746.
Act for stenting the inhabitants yearly for repaying the levy money,
laid before a head court and approved.
The said day, the magistrates and councill forsaid, taking to their
consideration that during the time of the late unnatural rebellion, a
demand was made upon the town by the rebells for levy money, and
most of the inhabitants having met on that emergent, in order to preserve
their persons from military execution, and their houses and effects from
being pillaged, burnt, and destroyed, which was threatened in the most
rigorous manner, they consented to pay one thousand pounds sterling
money, and that the same should be uplifted from any persons that were
debtors to the town ; and failing thereof, that money should be borrowed
for making up the same, to be repaid by any of the office-bearers that the
first legal council should appoint ; and for reimbursing of the forsaid
sum, agreed that they should be taxed for the interest of the said one
thousand pounds sterling during the not payment, and one hundred
pound sterling annually of the capitall untill the whole should be
extinguished, and this to be proportioned upon the heritors of lands and
204 EXTRACTS FROM RECORDS
fishings and possessors of houses, conform to the rents of the respective
subjects, and that this tax should commence along with the towns
publick taxation or subsidy, whenever the same should be legally
imposed, and to be annually levied therewith untill the whole debt should
be extinguished, and appointed a committee of their number to transact
the whole affair, who, having uplifted what they could of the towns
publick funds, and borrowed the remainder from private persons, they
did pay the said sum of one thousand pound sterling to William Moir of
Loanmay, who granted receipt therefor. And the council considering
that the said money was extorted from the town in order to save the
same from being burnt and destroyed, and to prevent the severest military
execution against the inhabitants, their persons and effects, they did grant
warrand to and appointed Thomas Eraser, thesaurer, to make payment
or give security to such of the office-bearers or other persons from whom
the money was borrowed, and to discharge such as were due money to
the town, who paid the same to the said committee for making up the
forsaid sum of one thousand pound sterling money. And appoints the
taxers who are named to proportion the subsidy, to stent the inhabitants
for a years annual rent of the forsaid capitall sum, and for one hundred
pound sterling as the first moiety and years payment thereof, in terms
and conform to the consent given by the inhabitants thereto in manner
above mentioned, - to be paid to the treasurer of Aberdeen or his
successors in office against Candlemass next. And in respect the
councill are informed that some of the bills delivered Loanmay for
the said sum are not accepted nor paid, therefore recommends to the
magistrates and thesaurer to prevent the payment of the same as far as
in their power, in order to save the inhabitants from being taxed for such
part of the said principall sum as may be recovered from the drawers of
the bills ; and likeways recommends to them to use all proper means for
recovering all or any part of the said sum out of the estates of those
who were concerned in extorting the same ; with this condition, that if
any part of the said extorted money shall be saved or be recovered,
whereby the annual rent of the capitall will not extend to fifty pound
sterling for the first year, then and in that case its declared whatever
excrescence shall happen to be upon the said fifty pound sterling, the
same shall be imputed and ascribed for reducing the capitall sum
pro tanto : And appoints the whole town to be conveened upon Saturday
OF BURGH OF ABERDEEN, 1746. 205
the nineteenth instant, to give their consent and approbation for being
taxed and stented for the said sum of one thousand pound sterling and
annual-rents thereof, in terms of the forsaid agreement, or so much
thereof as shall not be recovered in manner above mentioned.
1 2th July, 1746.
Act for deleting ttte names of the persons made burghers by the rebels
out of the book.
The said day, the magistrates and council forsaid appoints the names
of those who were made burghers of this town by the rebells to be delete
out of the burgess book, and declare their Burgher Acts to be void and null.
Eodem die.
Approving the burgher acts of the late government.
The said day, the magistrates and council forsaid ratify and approve
of the Burgher Acts granted by the late magistrates, and the governors
of the town appointed by his Royal Highness the Duke of Cumberland.
2d6
EXTRACTS FROM RECORDS
B. MINUTES OF MEETINGS OF THE INHABITANTS.
AT ABERDEEN the Twenty seventh day of December one thousand
seven hundred and fourty five years, The following Burghers
having met within the laigh Tolbooth, viz'. :
James Burnet Compy
Baillie Davidson
Alexander Copland
George Shand
George Skene of Rubislaw
Walter Fleming
John Elphingston
Andrew Garrioch
William Brebner
Peter Turnbull
Patrick Anderson, Bourtie
David Cuthbert of Rosehall
Doctor James Gordon
Provost John Robertson
John Burnet, Elrick
Alexander Thomson, Advocate
Baillie Mowat
James Thomson of Portlethen
Alexander Osborn
William Johnston, Pewterer
Doctor James Forbes
George Forbes, Junior
Andrew Thomson, Advocate
James Abernethy
William Strachan Sen r .
George Garrioch
James Gordon, Banchory
John Burnet, Dalludies
Baillie James Strachan
Alexander Gray
Alexander Dyce
John Mackenzie
Peter Cushnie
James Dyce, Junior
Charles Copland, Junior
Alexander Smith
William Simpson
Provost Aberdein
Baillie John Strachan
William Arthur, Wright
James Black, Junior
John Fraser, Senior
Kenneth Sutherland
Baillie Forbes
William Mackenzie
William Gray
James Dyce, Disblair
Baillie Leslie
George Duguid
George Gordon Junior
William Copland
Gilbert Anderson
George Christie
Alexander Bannerman
William Walker, Litster
George Cooper, goldsmith
William Duncan, Artrochy
Conveener Crystall
Conveener Barren
OF BURGH OF ABERDEEN, 1745. 2OJ
The said day it was Represented by Robert Thomson, Town Clerk,
That upon the twelfth instant, there was orders issued under the hand
and seal of Lord Lewis Gordon, and were publickly proclaimed over the
public Cross of Aberdeen, Setting furth, That it was highly reasonable
that the City of Aberdeen, should furnish and rigg out a number of able
bodyed men sufficiently cloathed and armed, answerable and effeiring to
the Land tax, imposed upon the said Town, in proportion to that of the
County of Aberdeen, and strictly requiring and commanding James
Morison, Provost, and the other Councellors elected at Michaelmas last,
and the haill other burgesses and inhabitants of the said City of
Aberdeen to furnish and Outrigg the forsaid number of able bodyed
men, and to deliver the same to James Moir of Stonywood, and that
within the Town of Aberdeen, betwixt and the Eighteenth day of
December instant, or otherways to satisfie and pay to William Moir of
Lonmay or any other person to be appointed by the said Lord Lewis
Gordon, or him the said William Moir, the sum of Five pound Sterling
in Lieu and place of each of the forsaid number of men, which should
happen not to be delivered over, and that betwixt and the above Day,
under the pain of Military Execution, to be directed against them in
case of Failzure And for Expediting the foresaid Levies or payment of
the sums in Liew thereof, Commanding the said Councellors and other
Burghars and Inhabitants ffurthwith, to meet within the Laigh Tolbooth
of Aberdeen, and Stent and Proportion the above Levys and Sums of
money among themselves as they should find just and reasonable, And
the said Robert Thomson, Town Clerk, also Represented That yesterday
the forsaid William Moir Called upon him and Intimate that if the said
Levy money was not directly paid, that Military Execution would be
immediately Execute, and told him that he had intimate the same to
several Burghers, And the above meeting taking into Consideration the
forsaid Representation, and the repeated demand of Lord Lewis Gordon
and Loanmay of a Sum, in name of Levie money, from the Town of
Aberdeen, In proportion to the Levie money demanded from the Shire,
which is Five Pound Sterling for each hundred pound of valued rent,
Bearing the same proportion that the Town pays of Cess with the Shire,
and that under the pain of Military Execution, which is immediately
threatned against the Inhabitants upon their persons and effects, and the
meeting likeways Considering that there are Eighteen hundred or Two
2O8 EXTRACTS FROM RECORDS
Thousand armed men in and about the Town, ready to inforce the
Demand by Military Execution ; They are therefore of Opinion that a
Committee should be appointed to represent this great Hardship to
Loanmay, and to Converse with him fully on the Subject, and to Report
to a general Meeting of the Burghers and Inhabitants to be Called by
the Committee for that purpose, And the Meeting named the following
Persons as a Committee :
Provost John Robertson David Cuthbert
Provost Aberdein William Duncan
Baillie John Burnett Alexander Bannerman
Conveener Christall Baillie John Strachan
John Burnet James Dyce of Disblair
Baillie Mowat Conveener Barren
And the Meeting Recommended to the above Committee to met furth-
with with Loanmay, and they having accordingly met and communed
with him, he told them that the Demand made in name of Levy money
was to be in the same Proportion with the County, That is to Say That
as each hundred pound valued rent in the County was to pay at the rate
of Five Pound Sterling of Levy money ; So as the proportion of the
County Cess was to the Towns Cess, the Town was to pay Levy money
in that proportion, and Desired the Committee might Calculate the
Amount thereof, and afterwards To make Offer of a liquid Sum to him,
and he should use his Endeavours to have the same made as easy as
possible, which communing being considered by the Committee They
Found it absolutely necessary that the General meeting of the whole,
Burghars, Heritors, Tradesmen, and other Inhabitants of the Town of
Aberdeen and freedom thereof, shouH be Called to Consider of the
premises, and for that end Appointed the Clerk to draw out an Adver-
tisement for Calling the said Inhabitants to meet within the Laigh
Tolbooth of Aberdeen to-morrow by 12 o'clock, And Appointed the
said Advertisement to be publickly Intimate by Tuck of Drum thro' the
whole Streets of the Town this afternoon, and to-morrow morning In
order to Certiorate the Inhabitants of the forsaid Meeting.
LORD LEWIS GORDON.
209
of the forwkl Orders issued out by the said
n o/ the <>JiU Ac said Twelveth day of Dea
rdon, Lord Lieutenant of
rdcen,
cen,
Royal lii^'hucsv
Wales, Rc)j lec**^ Issue an OriA-r, and
risen and the other
^-ere Elected 'mas last Councellors
, To make to us or to the said
iatn Me or the scrvi Royal Hi^hnr;-.
Betwixt and the Tweiveth of Dccemi this day, Of the
sum of Two Thousand Ki^ht hundred fourty I >und sixteen
shilling, Being the Amount ;>i his Ma .bsidy free of all Charges
of Management &c. Payabk out o en from
Martimas 1744 To Marti-, Appeared from the
Taxation Book, Conform to t' >nses given by virtue
thereof and Executions of th <1 that under the
pain of Military Execution, to be directed against their Persons and
Effects, In case of Disobedier The said Provost James
Morison and others of the sal eing served with the
said Summonses, made frequi !.o the said William Moir
by themselves personally and olh<-rs in their name, and offered and laid
before him some Argumei 1 be an hardship
n in their pr nt of the forsaid
Sum, Be ime tim ;n Moir, That as the
damtftdad was the > due by the Inhabitants to the Town
tfamutt 1744 to y > 1745, The Se\-erall Persons lyable in
pay r .tented by the said Taxation book would rea
P-iy , oof, To Alexander Dirom who
ingnthcnv. an what remained due of the Subsidy o;
ling year, And therefore begged of the said William Moir to take
the same Course in uplifting the Subsidy now demanded, and to make
C I
\
LORD LEWIS GORIXW.
OF BURGH OF ABERDEEN, 1745. 209
FOLLOWS a Copy of the forsaid Orders issued out by the said Lord
Lewis Gordon of the date the said Twelveth day of December
Instant.
By the Right Honourable Lord Lewis Gordon, Lord Lieutenant of
the County, &c., Governour of the City of Aberdeen,
Whereas upon the Sixth day of December instant, William Moir of
Loanmay Esquire, our Deputy Governour of the Town of Aberdeen,
Did in prosecution of his office, and the service of His Royal Highness
Charles, Prince of Wales, Regent of Scotland, Sec* 3 ., Issue an Order, and
in virtue thereof, caused serve Provost James Morison and the other
Persons in all Nineteen, who were Elected at Michelmas last Councellors
of the said City of Aberdeen, To make payment to us or to the said
William Moir himself, for the service of his said Royal Highness,
Betwixt and the Twelveth of December instant, being this day, Of the
sum of Two Thousand Eight hundred fourty seven Pound sixteen
shilling, Being the Amount of his Majestys Subsidy free of all Charges
of Management &c as . Payable out of the Town of Aberdeen from
Martimas 1744 To Martimas last past 1745, As Appeared from the
Taxation Book, Conform to the said Order Summonses given by virtue
thereof and Executions of the same shoWn to us, And that under the
pain of Military Execution, to be directed against their Persons and
Effects, In case of Disobedience, And Whereas The said Provost James
Morison and others of the said Councellors, after being served with the
said Summonses, made frequent Applications to the said William Moir
by themselves personally and others in their name, and offered and laid
before him some Arguments Representing that it would be an hardship
upon them in their present Situation to procure payment of the forsaid
Sum, But at the same time assuring the said William Moir, That as the
Sum demanded was the Subsidy due by the Inhabitants to the Town
from Martinmas 1744 to Martinmas 1745, The Severall Persons lyable in
payment thereof, as stented by the said Taxation book would readily
pay in their several proportions thereof, To Alexander Dirom who
ingathered and Collected what remained due of the Subsidy of the
preceeding year, And therefore begged of the said William Moir to take
the same Course in uplifting the Subsidy now demanded, and to make
C i
210 EXTRACTS FROM RECORDS
Intimation thro' the Town for that purpose, which they were convinced
would prove effectuall without any trouble, All which the said William
Moir in conformity to the Answer made by him to them, Has fully
Represented and laid before us, Therefore We, inclining to make
experiment of the method so proposed by the said Provost James
Morison and others for their ease and relieff But without any revocation
or Alteration of the forsaid Order, and Summons issued by the said
William Moir, in case the forsaid Method shall prove ineffectuall, or shall
happen to be attended with any trouble or difficulty or the service and
Intrest of his said Royal Highness in the least delayed. Require and
Command the haill persons lyable in payment of the said Subsidy,
furthwith, To make payment of their severall Quotas and Proportions,
thereof from Martimass 174410 Martimas 1745, conform to the payments
made by them from Martimas 1743 To Martimas 1744 To the said
William Moir, or to the said Alexander Dirom Collector, appointed by
him, and that betwixt and the Eighteenth day of December instant
With Certification if the forsaid whole sum presently demanded shall
not be paid as above, The said Provost James Morison and the other
Councellors Summon'd to pay the same, shall be immediately thereafter
lyable and Answerable for all or Such part thereof, as shall be deficient,
and remain unpaid, And Military Execution shall be directed against
their persons and effects for making the same Effectuall in case of their
refusal to comply, Moreover Whereas pursuant to the Powers vested in
us for the service of his said Royal Highness, We have made Demands
upon the whole Landed Gentlemen and Intrest in the County of
Aberdeen, to furnish and rigg out an able bodyed man sufficiently cloathed
and armed for each hundred Pound of their valued rent, which they are
presently setting about, in terms of, and under the Certification in the
said Demand, And Whereas It is highly reasonable that the City of
Aberdeen should furnish and Rigg out a number of able Bodyed men,
so cloathed and armed, and answerable and effeiring to the Land tax
imposed upon the said Town in proportion to that of the County
Therefore We strictly require and Command the said Provost James
Morison and the other Counsellors Elected at Michelmas last, and the
haill other Burghers and Inhabitants of the said City of Aberdeen,
To furnish and Oujtrigg the forsaid number of able bodyed men, and to
deliver the same over to James Moir of Stonywood and that within the
OF BURGH OF ABERDEEN, 1745. 2ll
Town of Aberdeen, Betwixt and the Eighteenth Day of December
instant, Or Otherwise To satisfy and pay to the said William Moir, or
any other person to be appointed by us or him, the sum of Five pound
Sterling in lieu and place of each of the forsaid number of Men, which
shall happen not to be delivered over, and that betwixt and the above
day, Under the pain of Military Execution to be directed against them,
in case of failzure, And for expediting the forsaid Levies or payment of
the sums in lieu thereof, We hereby authorize and Command the said
Councellors and other Burghers and Inhabitants furthwith to meet within
the Laigh Tolbooth of Aberdeen, and stent and proportion the above
Levys and sums of Money among themselves, as they shall find just
and reasonable, And That none may pretend ignorance of the premises
or any part thereof, We appoint these presents to be read and published
by Tuck of Drum, thro' the City of Aberdeen, at the usual places, and a
Copy hereof to be affixed upon the Mercat Cross of Aberdeen to be
made patent and known to all Concerned. Given Under our hand and
Seal at Aberdeen The Twelveth Day of December 1745.
At Aberdeen the Twenty eighth day of December one thousand
seven hundred and fourty five years, Within the laigh Tolbooth, At a
meeting of the Burghers, Tradesmen, and Householders who were warned
to Conveen both by Tuck of Drum, and likewise by the Quarter Officers
at their rex'ive houses, To meet and conveen place forsaid at twelve
o'clock midday.
The said day It was moved in the Meeting to know how far the
Inhabitants were not immediately under a necessity of complying some
way or other with the Demand anent the Levy money, Considering the
number of armed Men in and about this Town, and that military
Execution is threatned in case of Non Complyance ; Which Motion
being Considered by the Meeting, They unanimously agreed that there
was a necessity at this present Juncture (for the preservation of their
persons and effects), and that they ought to deliberate and Resolve some
proper Method, for satisfying the forsaid Demand ; And for the more
Effectuall Executing this affair, The Meeting Judges the most Expeditious
Way will be by a Committee, to be chose by them, to meet and Commune
fully with Loanmay and agree for such a Sum as they best Can, and In
Order to impower them so to do, That Commissions be drawn up for the
212 EXTRACTS FROM RECORDS
four Quarters of the Town to be signed by the Inhabitants, Impowering
the Committee to transact and agree the same in the best terms they can,
Thereafter The Meeting forsaid nominate and Commissioned the following
persons as a Committee for executing the forsaid trust, in name and for
the behalf of the whole Inhabitants, Conform to the Commission signed
by the Inhabitants in their Favours, for that effect, Copy whereof on the
12 and 13 Pages following.
Provost John Robertson, Rubislaw William Johnston
Baillie Mowat John Elphingston
Alexander Bannerman Alexander Thomson Ad :
John Burnet Dalludies Conveener Barren
Baillie John Strachan Peter Turnbull
Baillie John Burnet Doctor Rose
David Cuthbert William Simpson
James Dyce Disblair Baillie Leslie
William Strachan Conveener Crystall
Provost Aberdein Conveener Sime
Provost Alexander Robertson George Cooper
And Recommends to the forsaid Committee to Suggest all Methods
occurring to them for having the Demand made as easy as possible, And
also to Endeavour to get as long time for payment of the Sum shall be
agreed on as can be got, and howsoon the Committee Adjusts the sum,
and Term of Payment with Loanmay, Recommends to them to devise
the most proper method for payment thereof, And then to call this
general Meeting again in order to Report the Sum agreed, the Term of
Payment and the Method that they shall Devise for Levying and paying
the same, In order to have their Approbation as to the method for levying,
And Recommends Commissions to be Extended by Mr. Thomson,
Advocate, and the Clerk to be signed by the Inhabitants for the above
Purposes, And appoints the Clerk to Call the Committee after the
Commissions are Signed, and the Clerks to Attend all the Meetings of
the Committee And that the Clerk do sign this Minute and all the
procedure. (Signed) ROBERT THOMSON Cls.
At Aberdeen the thirty first day of December one thousand seven
hundred and fourty five years.
The Committee deputed by the General meeting of the whole
Inhabitants on the twenty eight instant, having all this day met at the
OF BURGH OF ABERDEEN, 1745. 213
Royal Coffee house Except Provost Aberdein, And having fully reasoned
what was a proper Sum to be offered to Loanmay in name of Levy
money, They unanimously agreed That ffive hundred Pound Sterling
should be offered, And deputed Baillie Burnet, John Burnet, Baillie
Mowat, and David Cuthbert with the Clerk as a Sub-Committee to wait
upon Loanmay and make the said offer, and use all the Arguments they
can devise, to Satisfy him, that this Sum is equivalent to the Demands
upon the County or upon any Town in Scotland, And the Sub-Committee
having waited upon Loanmay and used a great many Arguments with
him, he told them, that he had peremptor Orders to Demand One
thousand pound Sterling as the Minimum, the one half whereof, he
wanted immediately, and an obligation for the other Payable at Candlemas
next, and that the Committee or the Town may Devise what Method
they please for Levying the same, but that if this was not instantly
complyed with, they might expect Military Execution, And the Sub-
Committee having reported their Communing with Loanmay and his
Demand, The Committee Agreed there was a Necessity to provide the
said Sum, and recommended to the said Sub-Committee with Alexander
Thomson to meet this Afternoon in order to devise a Method for paying
the forsaid demand and the whole Committee to meet again at six
o'clock, and the said Sub-Committee having met and Considered the
Towns Funds, They find that the publick Tacks, the money the Town
has at Edinburgh, and what is due by George Garrioch, Appear to them
to be the readiest and only Funds that can be applyed for Satisfying the
forsaid Demand, in the first Instance, And for Repaying thereof, They
humbly Suggest to the Committee that the general Meeting should
become bound to be taxed for the Interest of the Stock, and one
hundred pound Sterling annually of the Capitall Untill the whole is
Extinguished, and this to be proportioned on the Heretors of Lands
fishings and Possessors of Houses, Conform to their Rents of the
respective Subjects, To Commence with the first years Taxation, along
with the Subsidy, which Appears to be the Easiest and most equitable
Method for paying the Demand, and extinguishing the same afterwards,
And which Method for Extinguishing the forsaid Debt, will even the
first year, not Exceed Two pound Scots for every hundred pound scots
rent, and will diminish annually, Its proposed that at least a number of
Sixty of the Principall Inhabitants should be deputed by the General
214 EXTRACTS FROM RECORDS
Meeting to-morrow, with powers to Uplift the forsaid Funds, or to borrow
money for Satisfying the forsaid Demand To be repayed in manner
before proposed, and that the General meeting should agree that new
Powers by the Inhabitants should be signed Enabling the Committee to
be named to execute the premises, All which being considered by the
Committee, They agree to the Overtures proposed by the Sub-Committee,
In respect they see it was impracticable to have raised all or any con-
siderable part of the Sum demanded without the Utmost distress, to
many of the Individuals, and the Committee Appoints the whole
Inhabitants to Conveen within the Laigh Tolbooth, the morrow at 12
o'clock, and to be warned by the Drum ; The Committee had also under
their Consideration the Clamant and distressed Condition of the Poor
that are Settled on the Towns Funds, they agreed that their Case ought
to be laid before the general Meeting, and that they would Impower a
Committee to uplift the different Funds out of which they are usually
paid, and if that cannot be effectuall, to Impower them to borrow money
and pay off the Widows and Orphans as they stand placed on the last
office-bearers books.
At Aberdeen the first day of January one thousand seven hundred
and fourty six years.
At a General Meeting of the Inhabitants Conveened by Tuck of
Drum by order of the Committee formerly named The Report of the
said Committee was read publickly in the meeting and unanimously
approven off and the Meeting nominate and commission the following
Persons viz'.
Provost John Robertson John Burnet Dalludies
Provost Alexander Robertson George Skene of Rubislaw
Provost Aberdein David Cuthbert
Conveener Barren James Dyce Senior
Conveener Sim William Strachan Sen r .
George Cooper Gold Smith John Elphingston
Baillie John Strachan William Simpson
Baillie Mowat Peter Turnbull
Baillie Burnet Doctor Rose Physician
Baillie Leslie Alex r . Thomson Advocate
Alexander Bannerman Conveener Crystall
OF BURGH OF ABERDEEN, 1746.
215
James Abernethy
Alex r . Smith
George Mowat Junior
Provost Chalmers
William Brebner
John Fraser Senior
Alexander Osborn
Mr. Rich d . Gordon
Thomas Mosman
James and Andrew Thomsons
Dr. Forbes
William Johnston Pewterer
Baillie Gordon
Baillie Davidson
Baillie James Strachan
Baillie Nicol
Baillie Mitchel
Alexander Copland
William Midleton
James Gordon Banchory
John Durward
John Mair
John Mackenzie
George Garrioch
James Burnct
Baillie Midleton
John Leslie
John Abercrombie
William Mackenzie
James Black Junior
George Shand
William Copland
George Turner
John Taylor
Dr. Gordon
William Walker Litster
George Gordon Junior
As a Committee for and in name of the whole Inhabitants for uplifting
of the Towns Funds and in deficiency thereof for borrowing money In
order to Satisfy the Demand made on the Town in name of Levy money.
And for paying likewise of the Widows and Orphans and Towns Servants,
as they stand settled in the last office bearers books, And Appointed
proper powers and Commissions to be instantly extended and signed by
the whole Inhabitants Authorizing the said Committee to Execute the
Premises And which powers were accordingly extended and signed and
whereof the Tenor follows. As also Follows the Tenour of the Com-
mission granted and signed by the whole Inhabitants to their Commis-
sioners therein named, Impowering them to meet and Commune with
Loanmay and agree for such a Sum in name of Levy money, as they
best could, Referred to in the 8th page hereof, and is Thus, We the
Burghers, Heretors, Tradesmen, and other Inhabitants of the Town and
freedom of Aberdeen, subscriving Taking to our Consideration, That at
a general meeting of the Inhabitants Met within the Laigh Tolbooth of
this Burgh, upon the twenty eighth of December instant, They unani-
mously Agreed that there was a Necessity at this present Juncture, (for
2l6 EXTRACTS FROM RECORDS
the preservation of their Persons and Effects from Military Execution)
for taking some speedy and' effectuall method for Satisfying the Demand
made on this Town in name of Levy money. And Also Considering
that a Committee will be the most Expeditious method for adjusting
this matter And that the afternamed Persons (in this time of Imminent
Danger) Have at our earnest Desire accepted as a committee to treat
thereanent, Therefore We hereby Impower, Nominate and Appoint
Provost John Robertson, Provost Alexander Robertson, Provost Aberdein,
Baillie Mowat, Baillie John Strachan, Baillie Burnett, Baillie Leslie,
Alexander Bannerman, John Burnett, Dalludies, David Cuthbert, James
Dyce, Senior, William Strachan, Peter Turnbull, John Elphingston,
William Simpson, All Merchants in Aberdeen, George Skene of Rubislaw,
Alexander Thomson, Advocate in Aberdeen, Doctor Alexander Rose,
Physician, William Crystal!, Wright, Patrick Barren, Wright, John Sim,
Cooper, George Cooper, Gold Smith, and William Johnston, Pewterer,
All Tradesmen in Aberdeen, as a Committee for and in name and behalf
of us and of the Town and freedom of Aberdeen to Meet, Commune,
and treat with William Moir of Loanmay, and to agree with him in the
best manner they can for a Sum of money in Satisfaction for the Demand
on the Town of Aberdeen in name of Levy money And to devise a
proper and Effectuall method for levying and paying the sum they shall
agree for, And whatever Sum the said Committee shall Condescend to
pay, We Subscribers Do hereby oblige ourselves our heirs and Successors
to Homologate Ratify and approve off; And as Burghers, Heretors,
Tradesmen and Inhabitants of the said Burgh and freedom, (along with
the aforesaid Committee ;) Hereby become bound to pay the sum agreed
on to the said William Moir of Loanmay, to be uplifted and raised from
us in such manner, as the said Committee shall devise, and the Generall
Meeting shall approve off, after hearing the Committee's Report. In
Witnes whereof, Thir presents (written on stamped paper by John
Mollyson, Writer in Aberdeen,) are subscrived by us and by the said
Committee At Aberdeen the Days of December In the year
one thousand seven hundred and fourty five Before these witnesses.
Follows the Commission for Satisfying the Demand and for paying
of the Widows and Orphans and Town Servants.
Wee the Burghers, Heretors, Tradesmen, and other Inhabitants of
the Town and freedom of Aberdeen Subscriving Taking to our Serious
OF BURGH OF ABERDEEN, 1746. 217
Consideration, That at a General Meeting of the Inhabitants Met within
the laigh Tolbooth of Aberdeen upon the Twenty eighth Day of
December last by past, It was there unanimously Resolved That full
Powers should be given to a Committee then named for to treat and
agree with Mr. Moir of Loanmay for a sum of money to be paid in
name of the Levy money Demanded from the Town of Aberdeen, And
the said Powers being duly signed by us and the Committee in consequence
thereof having met and treated with Loanmay They found that he
insisted for One Thousand Pound Sterling as the Minimum ; And
therefore to prevent Military Execution which was immediatly threatened,
agreed to pay the sum of One Thousand Pound Sterling in name of the
forsaid Demand, The one half thereof to be immediatly paid, and the
other half, Security to be given therefore payable at Candlemas next,
And also the forsaid Committee, in Virtue of the Powers committed by
us to them, had Deliberate upon and devised a method for levying the
forsaid sum and for repayment thereof, which was that the said money
should be uplifted from any Persons that are Debtors to the Town of
Aberdeen, which failing, to be borrowed, bearing annual rent from the
time of advancing the same, and to be repayd by any of the Office
Bearers, that the first Legall Town Council shall appoint ; And for
Reimbursement of them that shall pay the forsaid sum, That Wee
should all become bound to be taxed for the Interest of the said one
Thousand Pound Sterling and one hundred pound sterling of the Capital
Until the whole is Extinguished, and this to be proportioned on the
Heretors of lands and fishings and Possessors of Houses, Conform to
the rents of the respective Subjects, And this Tax to commence along
with the Towns publick Taxation or Subsidy, whenever the same shall be
legally imposed and to be annually levyed therewith, untill the forsaid
Debt is Extinguished. All which being reported by the said Committee
to a general Meeting of the Inhabitants met within the laigh Tolbooth
upon the first day of January Jajvij & and fourty six years, The meeting
unanimously agreed to, and Homologate what the Committee had done
and the method devised by them for Levying the forsaid sum, and for
payment and replacing thereof, And Did of new Commissionate and
Appoint Provost John Robertson, Provost Alexander Robertson, Provost
Aberdein, Baillie John Strachan, Baillie Mowat, Baillie Burnet, Baillie
Leslie, Alexander Bannerman, John Burnett, Dalludies, George Skene of
D I
2l8 EXTRACTS FROM RECORDS
Rubislaw, David Cuthbert, James Dyce, Senior, William Strachan, Senior,
John Elphingston, William Simpson, and Patrick Turnbull, all merchants
in Aberdeen, Doctor Alexander Rose, Physician, Alexander Thomson,
Advocate, Conveener Crystall, Conveener Barron, Conveener Sim, George
Cooper, Gold Smith, William Johnston, Pewterer, Baillie Gordon, Bailie
Davidson, Baillie James Strachan, Baillie Nicol, Baillie Mitchel, Alexander
Copland, George Gordon, Junior, William Midleton, James Gordon,
Banchory, John Durward, John Mair, John Mackenzie, George Garrioch,
James Burner., Baillie Midleton, James Abernethy, Alexander Smith,
John Leslie, George Mowat, Junior, John Abercrombie, Provost Chalmers,
William Mackenzie, William Brebner, James Black, Junior, John Fraser,
Senior, George Shand, Alexander Osborn, William Copland, All merchants
in Aberdeen. Mr. Richard Gordon, George Turner, Thomas Mosman,
John Taylor, James and Andrew Thomsons, all Advocates in Aberdeen,
Doctor Gordon and Doctor Forbes, Physicians in Aberdeen, and William
Walker, Litster there, as a Committee for uplifting the forsaid money or
borrowing the same to be applyed for the ends above mentioned, and
appointed new powers to be signed by us for that effect. Therefore Witt
ye us the said Burghers, Heretors, Tradesmen and others Inhabitants of
the said Town and freedom to have Commissioned and appointed and
We by thir presents Commission and appoint the fornamed persons or
the majority of them and with Powers to the said major part to Sub-
committ themselves or any number of them as our Commissioners and
Trustees for us and in name and behalf of the Town and freedom of
Aberdeen To Uplift any of the Towns publick ffunds or any money from
any person that may be due to the Town, and which failing to borrow
money upon the Town's Credit for payment of the forsaid sum of one
thousand Pound Sterling to be paid in manner forsaid and to procure
proper Acquittances therefore ; And we hereby bind and oblige ourselves
our heirs and Successors whatsomever To Ratify, homologate and approve
whatever the said Committee, or any majority of them, or any number of
them sub-committed by themselves shall do anent the premises And also
hereby Bind and oblige us and our forsaids each of us for our own parts,
To Repay the forsaid money by a Taxation in manner before rehearsed.
And we Subject ourselves and our forsaids to be stented in the above
terms and shall warrand, Acquitt and defend our said Constituents as
Acting for us and in name and behalf of themselves and of the Town
OF BURGH OF ABERDEEN, 1746.
and freedom of Aberdeen at all hands ; Moreover the said General
Meeting on the said first of January instant Taking under their serious
Consideration the Clamant and distressed Case of the Power [Poor] settled
on the Towns publick funds who ought to have been paid at this last Term
had there been Office Bearers duly elected and Acting, and that it was
most just and reasonable that the said poor ought to be cared for in this
straitning Season. Therefore the General Meeting Unanimously agreed
that the afornamed Committee or the majority of them or any of their
number sub-committed by themselves Should be Impowered to Uplift
the Poors Funds and in Deficiencie thereof to borrow money and to pay
the Widows and Orphans and Towns Servants as they stand settled on
the last Office Bearers books And therefore We do Commissionate the
said Committee or majority of them or any number of them sub-
committed by themselves to Uplift the said Funds or borrow money for
the ends aforsaid. And Wee Bind and oblige us and our forsaids To
Ratify whatever they or any of their number sub-committed by themselves
shall do anent the Premises. In witnes whereof these presents (written
upon this sheet of stamped paper by Robert Milne, Writer in Aberdeen,)
are Subscrived by us below and on the back hereof At Aberdeen the
Days of January one thousand seven hundred and
fourty six years Before these witnesses.
Both the forgoing Commissions are signed by the following Persons,
Inhabitants of the Burgh and freedom of Aberdeen (sic subscribitur) :
Alexr. Aberdein James Leiper
Wm. Aberdein John Frenchfor
George Skene George Fordyce of Broadford
William Mowat James Mestine
George Forbes Jo : Fraser
Walter Fleming John Durward
William Green Peter Chalmers
John Strachan John Midleton
Alexr. Pirie Francis Laflesh
John Mestin John Duncan
Wm. Mackenzie George Robertson
Geo. Cooper George Catanach
Walter Leith Alxr. Shinnie
22O
EXTRACTS FROM RECORDS
James Dun
Peter Reid
Alexr. Moleson
James Glass
James Shand
William Booth
Patrick Kilgour
William Henry
Alexander Rose
John Burnet
Al : Thomson
Alexandr Robertson
Peter Turnbull
And : Gerard
John Watson
Robert Duncan
James Forbes
The : Fraser
Robert Melvin
Charles Forbes
John Christall
John Duckison
Ro G.
John Glnny
John Grigg for my Father
Will : Shepherd
William Duncan
William Arthour
Andrew Walker
James Lauson
Alexr. W. A. Walker's mark
James Stronach
Alexr. Stewart
George Leslie
William Thomson
Geo : Wilson Jun r
William Cruickshank J r
William Melvyl
William Clark
James Paull
Robert Still
William Walker
Alexr. Forbes
James Gordon
William Forbes
William Strachan
Rich : Gordone
William Gray
George Gordon Youst
Ja : Abernethy
James Hector
John Ross
William Aiken
William Aiken
Georg Smith
Alexr. Drysdale
Wil. Murray
John Abercrombie
James Strachan
Christan Ogston
Janet Skene
Helen Green
Alexr. Westland
Alexandr Henderson
Alexr. Osborn
John Forbes
Francis Douglass
Charles Copland J r
James Thorn
William Gordon
John Thorn
William Cruikshank
William Martin
Alexander Tough
OF BURGH OF ABERDEEN, 1746.
221
Norrie
Robert Calder
Patrick Anderson
Alexr. Anderson
Wa : Temple
John Sligo Junn r
James Croll
James Brown
John Laing
James Smith
Hugh Mackie
Jean Byers
William Ross for self & moyr
Jerom Cobban
Andrew Walker Sen r
John Melen
Ro : Durward
John Falconer
James Abercrombie
Patrick Barren
James Thomson
Robert Chalmers for self &
Will : Murdoch
Thomas & Francis Leyes
Daniel Cargill
Will : Forbes
John Menzies Sen r
John Lumsden
Jo. Fraser
John Gordon
James Strachan Sen r
James Robertson
James Knowes
Alexander Thomson
John You'll
Al : Sincklair
George Melvin
Peter & Alexander Cushnies
George Keith
James Dyce
Robert Joyner
David Moncrief
William Baird
Alexr. Chalmers for my father
Alexr. Osborn for my father
Charles Copland
James Michie for my father
Agnes Fowler
Jannet Gordon
John Bowlls
Dar : Verner
Robert Herb d
Will : Midleton
Alexr. Watson
Jo. Gordon
Ja : Udny
Will : Smith
Alexr. Forbes
William Christie
James Sangster
J. Fitzgerald
William Sumner
John Sim
George
Roderick Forbes
John Sligo
Ro'. Smith
Geo : Still
John French for myself & Mr.
David Blenchill & whole
heritage
William Walker
Patrick Hervie
Francis Mollyson
222
EXTRACTS FROM RECORDS
John Mackenzie
James Cruikshank Ju r
Andrew Thomson for Premnay's
proportion and Lady Braco's
George Rose
John Morrice
John Clerk
And w . Moir
John Elphingston
Tho : Fraser
John Sherriff
Adam Baxter
James I. Y. Young his mark
Alexr. Johnston
James Sim Sen r
John Freeman
Willm. Leslie
James Dyce Jun r
George Donaldson
Alexr. Kelly
Alexr. Mackenzie
William Johnston
Thomas Irvine
Alexr. Copland
Andrew Thomas
George Mouatt for self and
father
Geo : Shand
James Deans
Alexr. Mitchell Jun r
Thomas Gordon
Patrick Souper
Dav : Speediman
John Taylor
Thomas Mosman
James Adams
William Johnston
Alexr. Milne Jun r for Willm.
Miln & self
John Mearns
Alexr. Gray
Wm. Douglass
John Lunan
George Forbes Ju r
Rob'. Stevenson
John Rickart
Daniel Farq r son
James Allardyce
Walter Rose
Alexr. Tait
John Taylor
John Bartlet
William Hall
Gilbert Duff
David Cuthbert
Robert Thomson
Walter Cochran
Andrew Garioch
George Garioch
Geo : Burnett
James Irvines
Katharin Donaldson
A. Findlater
And : Turner
John French for the heirs of Pro:
Fordyce & George Fordyce
William Forbes
Robert Mitchell
Al : Burnett
John Strachan
John Tower
Alexr. Sscott
William Troup
Robt : Farquhar
OF BURGH OF ABERDEEN, 1746.
22 3
John Duncan for Father
George Bean
William Logan
George Proctor
Thomas Simpson
George Watson
Alexr. Proctor
Dam Scott
Robert Tooip
Christian C. W. Watson her mark
Marj : M. C. Cock her Mark
Ja : Gordon
John Robertson
Jas. Kynoch
Isobel I. B. Barnet' mark
John Forbes
Daniel Hamilton
Margaret Leslie
James Donaldson
Andrew Howison
John Chalmers
James Black Ju r
William Johnston
Margaret Rolland
Isobel Anderson
Alexr. Medleton
George G. M. Meldrum his mark
Betie Robertson
John Traill
James Kingour
Peter Showan
Elizabeth Mckomie
Agnes Burnett
Barbra Wight
Alexr. McDonald
George Simpson
George Rainie Ju r . for self & fay
John Walker
Alexander Hector
John Stronach
Georg Logan
T. Blackwell
William Leslie for the heirs of
Alexr. Tytler
John Mason
John Murray
John Anderson
John Ritchie
James Ligertwood
Alexander Minqig
John Elles
Andrew Baxter
John Elmslie for the Quakers
houses
Alexr. Young
George Gordon Junior
Will : Chalmers Jun r
Isobel Forbes
Alexr. Christie
John Ross
James Sherriff
William Menzies
George Bartlet
William W. P. Proctor his mark
Barbra Collison
Wai : Nicoll
John Mair
James Deason
John Smith
Geo : McKay for the heirs of
John Cheyne
James Leitch for Robt. Leitch
James Birnie Jun r
Andrew Sime
224
EXTRACTS FROM RECORDS
James Robertson
Robert Christie
William Ross for the heirs of
William Ross
David Longlands
Hugh Maghie for M rs . Maghie
James Moir
Alexr. A. E. Ellies Boxmaster to
the Gardeners
William Johnston
Alexr. Delias
James Legg
Alexr. Leslie
Francis Skene
James Gellie
Robert Skinner
William Young
Patrick Leslie
Geo : Leslie
Alexr. McDonald
William Bennett And for Mar-
garet McOmie
Alexr. Yeatts
Gilbert Robertson
Thomas Spark
John Milne
James Henry
Alexr. Scott & Wm. Scott Post
James Taylor
William Gray for M rs . Hunter
Tho : Glenie
George Finnie for my self my
mother and nephew
Abraham Thomson
Wm. Cruden Sen r
Richd. Wallace
Will : Symson Junior for Self
and Lands of Counteswells
Robert Ross
Alexr. Dyce
Alexr. Smith
Alexr. Dason
Geo : Wright
Gilbert More
Wm. Copland
David Deuchar
John Leslie
James Ferguson
James Young
Alexr. Gordon
John Rigg
Geo : Shepherd
Wm. Cooper
Wm. Davidson
John Cooper
James Nicoll
Will : Baxter
Tho : Watson for myself and
Jean Wilson my aunt
John Clerk Manager for the
Lawyers Funds
John Robertson
John Elphinston for James Ogil-
vie ColK
James Lundey
William Argo
William Lundin
John Farquhar
George Ross
James Smith
Geo : Walker
John Burnett
William Moir
OF BURGH OF ABERDEEN, 1746.
225
Wm. Kellie
Tho : Farq r son for myself and as
present Boxmaster to the
Sailors Box of Abdn.
George Wilsone
Jean Brebner
Peter Tolmie
Francis Massie
Gilbert Anderson
Elizabeth Chalmers
Walter Leith
Patrick Findlay
Margaret Forbes
Patk. Sandilands
Mary Thomson
Adam Duff
William Crystall
David Duncan
John I. M. Martin You r
George Simpson
George Duguid
Will.
James Nivie
John Melven
Al. Duncan Senior
John Dyce
Fran : Rose
John Finnic
William Duncan
John Anderson
James Anderson
Alexr. Bannerman
James Burnett
James Davidson
George Davidson
William Malcom
Alexr. Duncan J r
Robert Nairn
James Mackie
William Anderson
George Moir
Will : Brown
Fra : Menzies
James Alexander
George Dirom
John Maitland
William Hay
Robert Miemes
Alexr. Gordon
Walter Gordon
William Brebner
Margaret Shiney
James Machraey
William Lundin
Will : Strachan
John Lendrum
William Paterson
Thomas Wilson
Will : Smith
Ken : Sutherland
James Smith
Alexr. Thomson
James Walker
John Stewart
William Lamb
William Milne
Troup
John Thomson
James Strachan Jun r
William Stievenson
Geo : Main
George Duguid
James Thomson
Patrick Mathewson
E i
226 EXTRACTS FROM RECORDS
John Reid Andrew Mathewson
John Tosh John Lumsden
John French for heirs of Robt. Tho. Nicoll
French James Anderson
Patrick Findlay James Young
Thereafter the forsaid Committee having met, they in virtue of the
forsaid Powers Subcommitted to Baillie Mowat, Baillie Burnet, John
Burner., merchant, David Cuthbert, Alexander Thomson, Advocate, and
Peter Turnbull, merchant, as a Subcommittee for enquiring into the
Towns Funds, and to devise a proper Method for satisfying the first
Five Hundred Pound Sterling, and appointed them to meet at the Royal
Coffee House at four o'clock the forsaid day for that Effect, and the said
Subcommittee having met time and place forsaid, and having deliberately
revised and considered the Towns Funds, They found it impracticable to
raise money out thereof for satisfying the first Five hundred Pound,
which must be immediately paid, and therefore agreed that there was a
necessity for borrowing the said sum, and that the Committee should
become bound for repayment thereof, and having called upon James
Gordon of Banchorie and George Garrioch, merchant, They agreed to
give Bills upon Edin r . for the forsaid sum upon their getting obligatory
Missives from the Committee for repayment thereof, and the Sub-
committee thought proper that the whole Committee should be called
the morrow at twelve o'clock, To have place, forsaid, their Approbation
anent the premises ;
At Aberdeen the second day of January one Thousand seven hundred
and fourty six years, Twelve o'clock at Noon ;
The Committee having met and heard the report of the Subcommittee,
They unanimously agreed thereto, and accepted of Bills from the said
James Gordon and George Garrioch for the first Five hundred pounds,
and subscrived Obligatory Letters to them, for repayment thereof, and
also accepted, a Bill for the other Five hundred pounds, payable at
Candlemass next, and of which Obligatory Letters and accepted Bill,
the Tenour follows
OF BURGH OF ABERDEEN, 1746. 227
Letter by the Committee To the said James Gordon.
Aberdeen 2 January 1746.
Mr. James Gordon
Sir,
Whereas you have drawn Bills on Thomas and Adam
Fairholms, merchants in Edinburgh, payable to William Moir for two
hundred and fourty Pounds Sterling ten days after date, and another
Bill on George Chalmers, merchant in Leith, for sixty Pound Sterling,
Payable to the said William Moir Ten Days after date, which are for
answering the Exegencys of the Town of Aberdeen, According to the
Powers given to us by the Inhabitants, Therefore, if the said Bills be
paid, We oblige ourselves, Conjunctly and seallie to grant a Conjunct
Bond to you, for the sum of Three hundred Pound Sterling of Principal!,
Sixty pound Sterling of penalty, with @rent from this Date, payable at
Whitsunday next, But if the said two Bills be returned you unpaid,
Twenty days after this date, Then you are to Deliver us back this
obligation to be cancelled,
We arc
Sir
Directed Your most hull Servants
To Mr. George Gordon of Banchorie
Merchant in Aberdeen.
Letter to Mr. George Garrioch,
Aberdeen 2 January 1746.
Mr. George Garrioch
Sir,
Whereas you have drawn Bill on John Coutts, Merchant
in Edinburgh, payable to William Moir for One hundred and twenty
Pound Sterling, Ten days after date, and another Bill on George
Chalmers, Merchant in Leith, for Eighty Pound Sterling, payable to the
said William Moir ten days after date, which are for answering the
Exegencys of the Town of Aberdeen, According to the Powers given
228 EXTRACTS FROM RECORDS
us by the Inhabitants. Therefore, If the said Bills be paid, We oblige
ourselves Conjunctly and severally, that the said sums shall be allowed to
you, in part of a greater Sum due by you p r your accepted Bill to John
Abercrombie, late Treasurer of Aberdeen, But if the said two Bills be
returned you unpaid Twenty Days after this date, Then you are to
deliver us back this obligation to be Cancelled,
We are
Sir
Directed Your most humb 1 Serv 15 .
To Mr. George Garrioch
Merchant In Aberdeen.
Thereafter the Committee, Considering that some of their Number
are absent, and have not signed the said Letter, nor accepted the forsaid
Bill, Therefore they Appoint the Clerk, to Extend a missive to be signed
by the Absents, Homologating the Committees Procedure, and binding
themselves equally as if they had signed the said Letters and accepted
the forsaid Bill, (of which missive Tenour follows)
Letter signed by i/ie Absents.
January 3 d 1746.
Gentlemen
As we were of the number of the Committee that were
named by a general meeting of the Inhabitants for uplifting any of the
Towns funds or borrowing money in order to Satisfy the Demand made
on the Town of Aberdeen, for levy money, & as some of us happened
not to be in Town, when nominate upon the said Committee, an others
of us obliged to go out of Town upon necessary and pressing business,
and as you in our absence have taken the trouble to borrow of James
Gordon of Banchory, and George Garrioch, the sum of Five hundred
Pound Sterling, and have given your Obligatory Missives to them, for
Repayment thereof, And That you have also accepted a Bill, Cont lie
and Sea llie to William Moir of Loanmay for other Five hundred pound
Sterling, payable the second of February next, as the last half of the
Demand for Levy money ; All which procedure of yours we hereby
OF BURGH OF ABERDEEN, 1746. 22Q
homologate, Ratify and Approve off, And Do bind and oblige us cont lie
and Sea n ie with you, for payment of the forsaid Bill alike as if we had
accepted the same, as also we hereby become bound with you to the said
James Gordon of Banchory and George Garrioch for Repayment to them
of the other Five hundred pounds, at least that the sum of Two hundred
pound Sterling for which the said George Garrioch has drawn Bills, shall
be allowed in part of a greater Sum due by him to John Abercrombie,
late Theasurer of Aberdeen, In the same manner As if we had Signed
the Obligatory Letters to them, and we Expect that you will Accept of
this Letter as binding upon us alike, and in the same manner as if we
had signed the Obligatory Letters and accepted the Bill before mentioned,
And we remain
Gentlemen
Your most humble Servants
(Signed) Will : Symson Junior.
Directed William Gordon Jun r .
To Provost John Robertson & the James Leslie.
other Gentlemen of the Committee John Midleton Jun r .
named by a general Meeting of the Will : Chalmers Sen r .
Inhabitants of Abdn. on the first Alexr. Aberdein.
of January instant for the raising
or borrowing money to Satisfy the
Demand made on the Town in
name of Levy Money.
Thereafter The Committee added Provost John Robertson and
James Dyce of Disblair to the Subcommittee, and appointed the Sub-
committee to meet place forsaid to-morrow the 3rd January instant at
five o'clock afternoon, to go thro' the whole Funds and To Consider of
an Effectuall method for Repaying the forsaid money And also for
paying the Poor that are settled on the Funds, and to Report to the
whole Committee.
230 EXTRACTS FROM RECORDS
C. MINUTES OF THE GOVERNORS APPOINTED BY THE DUKE OF
CUMBERLAND, 1746.
AT ABERDEEN, the Eight Day of Aprile, one thousand seven
hundred and fourty six years, In presence of Provost James
Morison, Provost William Cruikshank, Provost William Chalmers,
Provost John Robertson, Provost Alexr. Robertson, Provost
Alexr. Aberdein, Baillie William Gordon, Dean of Guild Andrew
Logy, Alexr. Thomson, Advocat, and John Auldjo, Conveener
of the Trades.
The which Day The following Commission was produced and read,
whereof the Tenor Follows
By Order of His Royal Highness the Duke of Cumberland, Captain
General and Commander-in-Chief of all his Majesty's Forces,
&c., &c., &c.
Whereas by reason of the disorders created in North Britain by the
wicked and unnatural Rebellion still subsisting, the Town of Aberdeen
was hindered from choosing their annual Magistrates within the time
limited by the Laws, whereby they are left destitute of all order and
form of Government, and as it is necessary that some proper persons
should be appointed for the Orderly Government of the Town of
Aberdeen, till provision can be made for that End in such regular and
orderly course as hereafter may be appointed by His Majesty, and as
having had a very good report of the Integrity, Loyalty, Fidelity and
Capacity of Provost James Morison, Provost William Cruickshanks,
Provost John Robertson, Provost William Chalmers, Provost Alexander
Robertson, Provost Alexander Aberdein, Baillie William Mowat, Baillie
William Gordon, Baillie John Burnet, Dean of Gild Andrew Logic,
Alexander Thomson, Advocate, and John Auldjo, Conveener of the
Trades, Do therefore hereby nominate and appoint the forenamed
Persons to act as Magistrates of the Town of Aberdeen with the same
full Power as if they had been duely chosen, and to Exercise the said
Powers fully, till his Majesty's pleasure shall be known thereupon, And
OF BURGH OF ABERDEEN, 1746. 231
we do hereby in his Majesty's name strictly require all manner of Persons
to pay a due obedience to the saids Magistrates, and to be assisting to
them towards the Discharge of their Functions for the maintaining
peace and good order in the Town of Aberdeen and Liberties thereto
belonging, recommending to the saids Magistrates, Unity and good
Agreement amongst themselves, a steady attachment to, and support of
his Majesty's Government against all Rebels and their Abettors And for
the more sure support thereof to be Assistant on all occasions and to
consult with as often as may be necessary The Officer commanding his
Majesty's Forces left in the Town of Aberdeen for its Security and
Defence. In Testimony whereof we have hereunto put our hand and
affixed our seall and caused it to be countersigned by our Secretary At
our Head Quarters in Aberdeen this Eight day of Aprile, 1746.
(Signed) WILLIAM.
By his Royal Highness's Command
EVERARD FAWKENER.
Which Commission being read was Accepted of by the Persons above-
named, and Mr. David Bruce, Judge Advocat, qualified Provost James
Morison to his Majesty King George, and likeways swore him to keep
the Secrets of this Board. And Provost Morison qualified the other
Governours and swore them to keep the Secrets of the Board. Walter
Cochran, Town Clerk Deput, was sworn in the above terms, as was
Roderick Mackulloch, Town Serjeand.
The said day Mr. Bruce, the Judge Advocat, gave in a List of
prisoners in the Tolbooth of Aberdeen, signed by him, wherof the Tenor
follows, viz 1 .
List of prisoners in the Tolbooth of Aberdeen.
John Strachan Janet Auld
John Roy Grant Thomas M c donald, Mess
Charles Ramsay, Jun r George Scott, Town Clerk of Inrury
James Nivic, Merch 1 Alexr. M c donald, Merch 1
John Cruickshank Charles Ramsay, Sen r
Betty Smith Wm. Wishart
Robert Reid David Ogilvie
William Reid Wm. Couts, Boatman
232 EXTRACTS FROM RECORDS
The above sixteen persons are left in the Tolbooth of Aberdeen to
the care of the Magistrals therof till his Royal Highness further Orders
exerpting Betty Smith, against whom the Sheriff's sentence is to be
execute and then liberat.
The Magistrats must putt a Gentry on Mr. Burnet of Kirkhills house
to prevent his Making Escape.
Abd n . 8 Aprile 1746 so signed David Bruce D : I : Advocat.
The said day the Governours Recomended to Provost Chalmers and
Conveener Auldjo to meet with the Commissary for forrage, and gett
from him one hundred ston of Straw for the use of the fort.
The said day The Governours and Captain Crosbie wrott a Letter to
Capt. Obrian of the Sheerness Privateer to gett two hundred pound of
powder for the use of the Town's Militia, and Recomended to Mr. Logie
to goe aboard the Man of War and grant Recept for what powder he
Receives.
James Leper, Clerk to the Post Office, Reported that Sir Everard
Fawkener had desyred him to apply to this Meeting for having right
rules laid down for horses to goe Expresses, and that he desyred the
Magistrats to Inspect the Packets and any Letters coming from the
South and going Northward. And the Magistrats and Governours
forsaid appointed the Postmaster of horses to be called instantly to take
up a list of all horses in and about the Town.
The Governours appointed all the Inhabitants Immediately to acquaint
some of the Governours of all Strangers how soon they come to their
houses in Town, under severe penaltys, and that the same be Intimat
thro the Town be Tuck of Drum, which was accordingly done.
The said day the Governours Agreed that all passes be signed at
least by two of the Governours.
The said day it being Represented that George Rainie, younger,
behaved very exceptionally during the time the Rebels were in Town,
The Magistrats and Governours therfor think it proper to Discharge him
from executing the said office any further, and ordains him to deliver up
his Livery Coat and Drum belonging to the Town of Aberdeen, and
appointed his father to exerce as Drummer till furdcr orders.
9 Aprile, 1746. In presence of the Governours. The said day the
Governours wrott letters to the Ministers of Crathie, Tarland, Birse,
Towie, Strathdon, Cabrach, Kinethmont and Boatriphne, to keep a
OF BURGH OF ABERDEEN, 1746. 233
Correspondence with the Town and Advertise the Governours of any
Motions of the Rebels, and to assist in getting men for the Town's Militia.
The said day The Governours caused Intimat to all persons (by the
Drum) who inclined to serve in the Town's Militia Company, that they
might come to the Town house and enter themselves.
The said day Mr. Logic Reported that he went aboard the Sheerness
Man of War and gott two Casks of powder from the Captain, for which
he gave Recept to be accomptable.
The said day Robert Thomson, Town Clerk, was qualified to His
Majesty King George, and swore to keep the secrets of the Board, as
was James Sangster, one of the Clerk's servants.
10 April, 1746. In presence of the Governours. Baillie Mowat
appeared and accepted of the office of one of the Governours of the
Town, and swore the oaths to King George, and to keep the secrets of
the Board.
The said day the Governours being informed by Provost Morison
that his Royal Highness the Duke of Cumberland had Recomended to
them to choose the Officers of the Town's Volunteers and Militia, They
did therfor nominat and appoint Mr. David Verner, Professor of the
Marshal College, to be Captain, James Black, Junior, Merchant, Liev-
tenant, and James Deans, Merchant, to be Ensign of the first Company ;
John Auldjo, Conveener of the Trades, to be Captain, James Smith,
Sadler, Lievtenant, and James Abercromby, Watchmaker, to be Ensign
of the second Company ; Robert Thomson, Town Clerk, to be Captain,
William Copland, Merchant, to be Lievtenant, and John French, Advocat,
to be Ensign of the third Company ; James Strachan, late Baillie, to be
Captain, Mr. Francis Skeen, Professor of Philosophy in the Marshal
College, Lievtenant, and George Lesly, Merch'., to be Ensign of the
fourth Company ; Andrew Logic, late Dean of Guild, to be Captain,
John Dingvvall, Merchant, Lievtenant, and Francis Leys, Merchant, to
be Ensign of the fifth Company ; James Ogilvie, Collector of the
Customs, Captain, George Gordon, Junior, Merchant, Lievtenant, and
David Farquhar, Merchant, Ensign of the sixth Company ; William
Davidson, late Baillie, to be Captain, Alexr. Copland, Merchant,
Lievtenant, and Alexr. Osborn, Merchant, Ensign of the seventh
Company ; Captain Duncan Macfarlane to be Town Major and Adjutant
General.
F I
234 EXTRACTS FROM RECORDS
The Governours appointed Peter Cushny, Merchant, to Collect the
Money which the inhabitants have agreed to pay for hyring men to
Defend the Town, and to pay the same to the hyred men as he shal be
directed by the Governours.
The Governours called for William Murray, Merchant, who had been
out of Town for some time, and caused him find Caution for his good
behaviour, and appear at all times when called for, under the penalty of
one hundred pound Sterling.
II Aprile, 1746. In presence of the Governours.
The Governours called for George Duguid, Merchant, who had been
out of Town for some time, and caused him find Caution for his Good
behaviour, and appear at all times when called for, under the penalty of
one hundred pound Sterling.
The Governours caused Advertise the Inhabitants by Tuck of Drum
not to spread Lyes and Calumnies Anent the Army or Rebels, under the
severest penaltys. The Governours Recomended to Conveener Auldjo
and Walter Cochran to make out a New List for Constables.
14 Aprile, 1746. In presence of the Governours.
William Baird, Silk dyer in Aberdeen, who had been Concerned with
the Rebels, surrendered himself, and was examined and ordered to be
Imprisoned till his Royal Highness pleasure be known.
The Governours called for Andrew Walker, Junior, Merchant, who
had been out of Town for some time, and caused him find Caution for
his good behaviour, and appear at all times when called for, under the
penalty of one hundred pound Sterling.
The Governours, Considering that the morrow being the fifteenth
instant in the Anniversary of the Birthday of his Royal Highness the
Duke of Cumberland, appoints the same to be solemnised by ringing of
the public bells, the Town's Volunteers appearing in Arms and firing
before the Townhouse. The hail houses in Town that front the street to
be Illuminat, and the Officers of the Military and Volunteers and other
principal Inhabitants to be Invited to the Townhouse to drink the
healths of the King, Prince and Princess of Wales, His Royal Highness
the Duke of Cumberland, all the Royal family, success to his Majesty's
Arms ag l . the Rebels and other loyal tosses, and to conclude the day with
all demonstrations of Joy.
OF BURGH OF ABERDEEN, 1746. 235
16 Aprile, 1746. In presence of the Governours.
The Governours, for the more ready Dispatch of Business, agreed to
divide themselves in Committees of three each to sitt daily from eleven
to one, and from three to five afternoon, and for that purpose have
divided themselves as follows, viz'.
I st Committee.
Provost Chalmers, Provost Aberdein, Alexr. Thomson.
2 d Committee.
Provost Alexr. Robertson, Bailie Burnet, John Auldjo.
3 d Committee.
Provost John Robertson, Bailie Gordon, Andrew Logic.
4 th Committee.
Provost Morison, Provost Cruikshank, Bailie Mowat.
And agreed that when any Information came, that was proper to acquaint
the Duke with, the whole Government should be called, as also upon any
advice or direction to them coming from the Army.
They agreed that any person who has been out of Town while the
Army lay here and may return and be called upon, shal not be discharged
without Baill.
James Irvine, servant to Wm. Booth, Shoemaker in Aberdeen, was
apprehended and Imprisoned for being one of the Guard that brought
the Spanish Arms from Peterhead to Aberdeen.
George Paton, servant to the said William Booth, was Imprisoned
for being concerned in the tumult in town during the time of the late
Rebellion.
James Johnston, Bleetcher, was apprehended for being concerned
with the Rebels, and appointed to find Baill for his appearance when
called for, under the penalty of fifty pound Sterling.
17 Aprile, 1746. In presence of the Governours.
William Murdo, Shoemaker, and Hary Wight, servant to James
Thorn, Taylor, were apprehended and Imprisoned for being among the
Guard that brought the Spanish Arms from Peterhead to Aberdeen.
1 8 Aprile, 1746. In presence of the Governours.
The Governours having gott account that his Royal Highness the
Duke of Cumberland had gott a Compleat Victory over the Rebells at
Culloden the i6th instant, They did therfor appoint public Rejoycing
to be made thro the Town, The Public Bells to be Rung, The Town's
236 EXTRACTS FROM RECORDS
Volunteers to appear in Arms and fyre before the Townhouse, Bonfyres
to be putt on, The haill houses in Town that front the streets to be
illuminat, and the officers of the Military and Volunteers to be Invited
to the Town house to drink the Healths of the King, Prince and Princess
of Wales, His Royal Highness the Duke of Cumberland, all the Royal
family, Success to his Majesty's Arms and other Loyal Tosses, and to
conclude the day with all demonstrations of Joy.
19 April, 1746. In presence of the Governours.
John Mackgrigor of the County of Caithness being putt ashoar by
the Sheerness Man of War, and was imprisoned for being concerned in
the Rebellion.
21 Aprile, 1746. In presence of the Governours.
William Thom, writer, Wm. Elphinston, servant to Dr. Gregory,
David Ochterlony, Serv 1 . to Andrew Skene, Chirurgeon, were apprehended
and imprisoned for being concerned in the Tumults in Town in the time
of the Rebellion.
John Duncan and John Masson, white fishers in Futtie, were im-
prisoned for being in the late Rebellion.
22 d Aprile, 1746. In presence of the Governours.
Lewis Petrie, servant to Dr. Forbes, was Imprisoned for being
concerned in the Tumults in Town during the time of the late Rebellion.
Alexander Annand, Butcher, and Joseph Kemno, Blacksmith, were
apprehended and Imprisoned for being in the Rebellion.
23 d Aprile, 1746. In presence of the Governours.
The Governours Agreed that George Paton, William Thom, Wm.
Elphinston, David Ochterlony, and Lewis Petrie, should be liberal upon
their finding Baill for their good behaviour and appearance when called
for, Paton's Baill to be one hundred pound Scots, and each of the others
Baill to be two hundred merks.
The Governours Agreed That upon Information of Rebels lurking in
this Country, that Copys of such Information shal be daily delivered by
the Committees to the Sherriff or Justices, that they may doe therein as
the Law directs, and also Copies of such Information shal be sent to
David Bruce, Judge Advocat, and that he be acquainted this day of this
general Resolution.
John Scott, Mariner in Aberdeen, John Young, Residenter in
Edinburgh, George Wales, Whitefisher in Futtie, and John Luckie, son
OF BURGH OF ABERDEEN, 1746. 237
to William Luckie, Shoemaker in Aberdeen, were Imprisoned for being
Concerned in the Rebellion.
24 Aprile, 1746. In presence of the Governours.
John Main, whitefisher in Futtie, James Mitchel in Northfield, and
George Mitchel in Hizzlehead, Alexr. Robertson, Chapman in Robslaw,
Daniel Mackdougal, Residenter in Aberdeen, George Baxter in Midd
Ardo, Robert Ross, Indweller in Aberdeen, William Farquhar in Glas-
gowego and Alexr. Munzie, Baxter in Aberdeen, were Imprisoned for
being in the Rebellion, and Alexr. Craig, wright, was Imprisoned for
resetting of Alexander Robertson in his house.
Mr. William Smith, Episcopal Preacher in Aberdeen, who had been
out of Town for some time, found Caution for his appearance when
called for, under the penalty of one hundred pound Sterling.
25 Aprile, 1746. In presence of the Governours.
In respekt it appeared that Alexr. Menzies had Returned home from
the Rebels the beginning of November last in terms of General Wade's
Proclamation, and that he was not concerned with them since. The
Governours appoint him to find baill for his good behaviour and
appearance, under the penalty of one hundred pound Scots.
John Macklean, late servant to James Tower in ferryhill, and Alexr.
Catto, weaver, servant in Aberdeen, and Alexr. Mar, Butcher in Aberdeen,
were Imprisoned for being Concerned in the Rebellion.
Walter Nicol, Merchant, being sometime out of Town, was called on
by the Governours, and caused find Caution for his good behaviour and
appearance, under the penalty of one hundred pound Sterling.
28 April, 1746. In presence of the Governours.
Charles Davidson, late servant to Mr. Gordon of Abergcldie, was
Imprisoned for being in the Rebellion.
30 Aprile, 1746. In presence of the Governours.
John Bruce, late soldier in Lord Semple's Regiment, was Imprisoned
for being concerned with the Rebels.
2 d May, 1746. In presence of the Governours.
James Allan, Residenter in Aberdeen, was Imprisoned for being
concerned in the Rebellion.
3 May, 1746. In presence of the Governours.
In respect George Baxter in Midd Ardo was attested by Dr. Skene
to be in a fever, and that it appeared he was forced by the Rebels to goe
238 EXTRACTS FROM RECORDS
along with them. The Governours appoint the said George Baxter to be
liberal on his finding Baill for his good behaviour and appearance, under
the penalty of one hundred pound Scots.
The said day, The Governours having Received a Letter from
Mr. Maul, the Town's Representative in Parliament, relative to the
Election of a Magistracy and Council, and the Governours having
deliberat theron, They Agreed that a Petition should be drawn to the
King, craving a Royal Warrant to the last Provost and four Baillies to
Elect a New Magistracy and Council, as was done in the year 1716, and
that a Letter be wrott to Mr. Maul along with the Petition, and that
Letters be likeways wrott theranent to Lord Justice Clerk, Lord Advocat,
and Premnay, and that the said Petition should be signed by all the
Governours.
5 May, 1746. In presence of the Governours.
James Donald and Alexr. Melvine, servants to Mr. Menzies of
Pitfoddels, were Imprisoned for being in the Rebellion. As also Wm.
Melvin, late servant to George Forbes, Merchant, was imprisoned for the
same cause.
7 May, 1746. In presence of the Governours.
There being an Attestation signed by Dr. James Gordon, bearing
that Hary Wight is in such bad state of health that his Confinement will
very much Endanger his Life, The Governours having taken his case
into consideration, They appoint him to be liberal out of prison upon
his finding Baill for his appearance and good behaviour, under the penalty
of five hundred merks.
9 May, 1746. In presence of the Governours.
William Strachan, Junior, Merchant, being sometime out of Town,
was called in by the Governours, and caused find caution for his good
behaviour and appearance, under the penalty of one hundred pound
Sterling.
Accompt of persons to whom passes are granted.
Aprile 8. Mr. George Gelly, son to James Gelly, Land Surveyor, to
pass to Cullen, attested by Mr. Pollock.
Aprile 9. James Allardyce, Sailor in Portsoy, to pass to Portsoy,
attested by Edward Whately, Shipmaster in Lyn, his Master.
OF BURGH OF ABERDEEN, 1746. 239
Wm. Troup, Maltster in Aberdeen, to pass to Montrose.
James Forbes, Sailor, to pass to the Hayg in Janet, Sloop of War,
attested by Baillie Davidson.
Aprile 10. John Cameron, Satler, to Lord Albemarle.
Mr. Patrick McCulloch, Student, to pass to Dunkeld, attested by
Regent Chalmers.
Aprile ir. James Abernethy, Merch 1 ., to pass to Edinburgh.
Anne Gillespy, spouse to John Gillespy, in Lord Semple's
John Groves, late Dragoon in Lord Mark Kerr's, to pass to London.
Wm. Mclane to pass from this to Stirling, attested by the Minister of
Kippen, Sir Ja. Livingston, J.P. in Stirling Shyre, and Tho. Douglas, one
of the Managers of Montrose.
Aprile 12. John Still, serv 1 . to George Midleton of Seaton, to pass to
Montrose, attested by Mr. Midleton.
George Sim in Cairnbulg, attested by Provost Aberdeen.
Wm. Gray, Indweller in Aberdeen, to pass to Montrose, attested by
Dr. Gordon.
Aprile 14. James Hay to pass to fochabers, having come from the
Army.
James Trail, Student of Divinity, to Edinburgh.
Dr. James Gordon to Crathes.
Euphemie Lamond to Edin r ., attested by Mr. Ogilvie, Min r .
George Still, Merch 1 . in Abd"., to Edin r .
Aprile 17. Hugh Ross, a Recruit of Sir Hary Munroe's, to Inverness,
attested by Capt. Mcfarlan and Mr. Verner.
Wm. Robertson, belonging to the Train, to pass to Newcastle.
Aprile 18. David Cuthbert of Rosehall to Edinburgh.
Aprile 21. John Sinclair, flaxman, to Ed r ., attested by Alexr. Sinclair.
James Black to Corse, attested by David Farquhar.
Wm. Murray, serv 1 . to Pitrichie, to Inverness.
Susan Andersoo in Belhelvie, her child and serv 1 ., to London, attested
by Mr. Tho. Ross.
George Garioch, Merch'., to Kirkton of Udny.
Joseph Delany to Garmouth.
Joseph Allardyce and David Young, Chapmen, to Perth.
Andrew Dow, Carter, to Perth.
240 EXTRACTS FROM RECORDS
D. TOWN COUNCIL LETTERS, 1746.
9 th Aprile, 1746.
Sir,
Wee are highly sensible of the great Obligations wee and our
fellow citizens lye under to his Royal Highness the Duke of Cumberland
for his protection, and for his being pleased to give us a Commission for
preserving the publick peace and good order in the Burgh, for Obedience
wherunto all the Gentlemen named in the Commission (except me who is
at Edinburgh and another who is indisposed) mett yesterday forenoon
and qualified to his Majesty King George, and took the oaths of Fidelity
and Secrecy.
Wee mett with Cap'. Crosbie and concerted with him such measures
as occurred for executing the Trust reposed in us, and agreed to be
mutually assisting to one another.
Wee likeways gave orders that all the Inhabitants give Immediat
Notice to some of our number howsoon any Strangers come to Town, so
as they may be examined, Wee have caused make publick Intimation
for inlisting well affected men to be of the Town's Militia, and have
wrott the Ministers in this County to find out and send in here well
affected persons for that purpose. Wee have also setled a correspondence
with the Ministers thirty miles round as for intelligence, and shal continue
to doe all in our power for the faithful execution of our Trust, and
acquaint his Royal Highness from time to time of all occurrences here.
Ye know there has been a total Interruption of the Trade of this
place ever since the commencement of this wicked Unnatural Rebellion,
whereby all Trading people have suffered greatly, and unless Trade be
allowed to goe on many of their familys will be reduced to Straits,
particularly those who deal in Manufactures of Cloath and Stockins, and
in use to transport them to London about this season of the year, and as
they are a perishing commodity, they run a risque of spoiling when keept
on hand, besides losing the tnercat to the merchant. Wee have likeways
another litle Branch of Trade, viz., the Transporting of fresh and pickled
Salmon to London, which brings us in some ready money. Our Provisions
and Necessarys, which we use to gett from London, Newcastle and the
firth of forth, are quite exhausted by the long Stagnation of Trade, and
by the Army's being for sometime here.
OF BURGH OF ABERDEEN, 1746. 34!
All which lays us and our fellow citizens under ane absolute necessity
to apply to his Royal Highness for a permission to employ some of our
Town's Ships To Transport our Manufactures and Salmon to London,
and to bring us home from that Place, Newcastle and the Firth of Forth,
such provisions and other things as are absolutely necessary for ac-
comodating both the Inhabitants and the King's Troops, and that upon
such proper Security and under such Rules as his Royal Highness shall
think fit.
We are sensible of your goodwill to our Town, and therefore presume
to intreat you may be pleased to lay this before his Royal Highness, so
as he may take the same under his consideration, and give the proper
Directions thereanent to us and the Collector of the Customes.
The Horses in and about this Town are much wore out with Service
of the Army, so that they can scarcely proceed one stage, and therefore
its humbly suggested that you would cause give directions to the Justices
of Peace to have horses laid at every stage after the first twixt this Town
and the Army, so as to be ready to forward Messingers or any other
Expresses.
We have this afternoon caused apprehend one Shaw, a Rebel, whose
examination is here inclosed, you'll please lay it before his Royal
Highness, that his pleasure may be known thereanent.
We have the Honour to be, with very great regard and esteem,
Sir,
Your most obedient and most humble servants.
To The Honourable Sir Everard Fawkener, Secretary to his
Royal Highness the Duke of Cumberland, presently at Banff.
Aberdeen, g' h Aprile, 1746.
Aberdeen, u Aprile, 1746.
Sir,
We have this moment received The inclosed from Mr. Young,
Sherriff of the County of Kincardine, which we thought our duty to
forward by Express, you have also Inclosed the Examination of William
Henderson and John Laird, who were pilots on board the Hazard Sloop
when taken, the men are again sent on board the Shearness Man of War.
The Captain had a Copy of their Examination sent on board, and
G I
242 EXTRACTS FROM RECORDS
approved of the proceedure. The Sheerness sailed with her Prizes this
morning for Leith Road. There has nothing otherways material
happened since we wrote you last, and we have the Honour to be, with
great truth and regard, .
Sir,
Your most obedient and most humble servants.
To Sir Everard Fawkener.
Aberdeen, 14 Aprile, 1746.
Reverend Sir,
We find by Letters from some members of your Presbytery
That several persons concerned in this wicked Rebellion have taken the
benefite of his Royal Highness the Duke of Cumberland's Proclamation,
But then the Ministers do not mention if those persons have delivered
up their Arms, which is a very material point, for unless the Arms be
actualy delivered up, it will be in their power to take them up again, or
at least the other Rebels may (get) hold of them, and therefore we have
wrote you this to communicate to the whole Members of the Presbytery
that they make strickt enquiry anent the arms of those who shall submitt,
and cause them furthwith to be delivered up, and thereafter it will be
necessary that such Arms be directly sent in to the Governour of the
Fort at Aberdeen for security and preservation, seeing if they be left
with the Ministers, the Rebels may again lay hold of them by force and
make a bad use of them, we intreat you'll make all Dispatch in
communicating this to your Brethren, as it is of great importance to the
Government. This is signed at the desire of the Governours of the
Town by Your most Hu". Servant,
R. S.
To The Moderators of the Presbetrys of
Alford and Kincardine.
Abd"., 14 Aprile, 1746.
Sir,
Since wee had the honour to write you last, wee called before
us two of our Citizens, William Murray and George Duguid, Merchants,
OF BURGH OF ABERDEEN, 1746. 243
who had disappeared during the time his Royal Highness was in this
place, and after his Departure came on the Streets again, going about
their business, and after Examining (as you'l see by the Inclosed copys
of their Declarations) wee appointed them to find bail, which they did
accordingly.
Wee shal be glad to have the honour of your Approbation of our
Proceedings, or if our Conduct is not Agreeable, we shal be ready to
receive Directions.
We beg leave to Refer to what wee wrott you Concerning our
Shipping, which is of great Importance to the Town, and intreat a
favourable answer y r anent. This Morning our Militia Mustered, and the
numbers are increasing considerably. There are already about three
hundred Volunteers of and belonging to this Town, Including the men
engaged in pay, and besides Sixty of the old town Militia, we called for
arms from Captain Crosby, who has only delivered one hundred and
thirty seven firelocks with Byonets, so that you see we will need at least
two hundred and fifty Stand of Arms more than what we have got,
otherwise our people cannot do duty, and it will be a great discouragement
for any of them to want arms, besides there are no Cartrouch boxes to
be got in this place, which you know are very necessary for the Service,
we wish these were likewise ordered. We hope you'll lay this before his
Royal Highness, that he may be pleased to have the same under his
Consideration. The Clerk of the Post Office told us, you desired that
we should open the Bags going to the North and inspect the Letters,
But as you gave no written orders thereanent, and that the Army is now
to the North of all the places where the Baggs are directed, some of our
number made scruple to open the Letters unless there be written
directions from you thereanent finding it necessary, and Captain Crosby
was of the same Opinion.
This day William Baird, Silk dyer in Aberdeen, came before us, and
in terms of his Royal Highness's declaration, Surrendered himself, a
copy of his Declaration is inclosed, to which we refer, we appointed him
to be imprisoned untill his Royal Highness should be pleased to give
orders about him.
To Sir Everard Fawkener.
244 EXTRACTS FROM RECORDS
Aberdeen, 14 Aprile, 1746.
Sir,
In consequence of your Recommendations to us, we called
before us such persons as disappeared when his Royal Highness was in
this place, and have come on the Streets again since his Royal Highnesses
departure, viz*., William Murray, Andrew Walker, Junior, and George
Duguid, Merchants, and have caused them find Baill for their Appearance
when called for, we have sent copies of their Declarations to Sir Everard
Fawkener, and we are Resolved to Continue to do so for the future,
unless you think our Conduct should be Altered.
There was one John Shaw who had joined the Rebels, and had left
them a month ago, he came to this Town, we called him before us and
examined him, and ordered him to be imprisoned till his Royal Highness's
(pleasure was known), his Confession was sent to Sir Everard Fawkener
last week, please let us have your opinion what is to be done with him.
This day William Baird, Silk dyer in Aberdeen, who was concerned in
Some Tumultuous Affairs in this Town during the Rebellion, Surrendered
himself to us, we Examined him and ordered him to be imprisoned till
his Royal Highness pleasure be known, his Confession is sent to Sir
Everard Fawkener, please let us know what is to be done with him, and
if anything occur to you, you may Communicate the Same to us, which
will be most acceptable.
Sir,
Your most obedient humble Servants.
To David Bruce, Esq r .,
Judge Advocate for the Army.
Aberdeen, Aprile 23, 1746.
Sir,
We wrote you the 14 th instant to which we refer, but we have
not yet been favoured with your answer ; Since that time we have caused
take up James Irvine and William Murdo, Shoemaker, Servants, and
Hary Wight, Taylor, Servant, for being part of the Guard that brought
into this Town the Arms for [from] the Spanish Ship at Peterhead, and have
.OF BURGH OF ABERDEEN, 1746. 24$
confined them in prison. We have also confined in prison John Duncan
and John Mason, white fishers in Footdee, who were in the Rebel Army
and Deserted from them, as they alleadge the 1 3 th Instant, we have also
confined in prison John M c grigor of the County of Caithness, who was
apprehended by the McKays, and put ashore here by the Sheerness
man of war, he acknowledges his being in the Rebel army ; Alexander
Annand, Butcher, and Joseph Kenna, Blacksmith, who were in the Rebel
Army, and fled from the Battle near Inverness, as we have George Wales
and John Young, who served as Waggoners to the Rebels, and John
Luckie, who was servant to Stonnyvvood's Brother among the Rebels,
and John Scot, Mariner, son-in-law to Mr. Law, the Nonjuring Parson,
Copies of their Confessions you have herewith, They are all poor people,
you'll consider their Different cases and advise us whether any of them
ought to be liberate upon Baill, or if they shall be continued in Prison,
and what they are to be allowed for subsistence, as we believe they have
nothing themselves ; As our Prison is already overcrowded with Prisoners,
it will be proper to have under consideration how they or those that may
be afterwards apprehended shall be disposed of; we this day received
yours of the i6 th giving an account of the Defeat of the Rebels. We
received the first account of it on the i8 th inst, in the morning, which
we caused immediately publish thro Town and County, and made the
proper rejoicings for such an happy event ; By all the accounts of the
Prisoners we have Taken, and by our advices from the Country, The
Rebels appear to be quite dispersed, and great numbers of them are
returned to this County. We have this day agreed whatever information
we get of the Rebels lurking in this County, That Copies of such
Information shall be daily delivered to the Sherriff or Justices of Peace,
that they may do therein as the Law directs, as we have no jurisdiction
without the Liberties of our town, and if any of them happen to come
about this Town that we can get account of, we shall take care to have
them secured, and we shall acquaint you from time (to time) what happens.
Some friends of John Elphinston, Merchants, whose goods were attacked
when his Royal Highness was here, and say he has keept out of Town
since for fear of Confinement, and can make appear where he has been,
have been solliciting to know if we would admit him to Baill, we desire
your advice as to this, and if to be bailled for what sum.
You may be sure it gave us the most unspeakable Joy to hear of so
246 EXTRACTS FROM RECORDS
Compleat a Victory by His Royal Highness over the Rebels, which we
are confident will put a Total end to this wicked and unnatural Rebellion.
To David Bruce,
Judge Advocate for the Army.
Aberdeen, 25 th Aprile, 1746.
Sir,
We beg leave to take this Opportunity to offer our Compliments
of Congratulation in the most sincere and hearty manner to his Royal
Highness the Duke and Generals and Officers under him for the late
Signal Victory over the Rebels, and intreat you'll have the goodness to
do us the honour to mention our unfeigned Joy to his Royal Highness
on this Happy Event, and we wish him and the Army all manner of
happiness and prosperity.
By all our Accounts from the Country round about, the Rebels are
returned, and go idly up and down, particularly in Buchan upon the Sea
Coast near to Peterhead and Fraserburgh, several common People who
resided about this Town and were coming here in the night time, have
been apprehended by our Town's Militia and Imprisoned.
We took the Liberty to write to you formerly of the hardships our
Trade sustains by the Stoppage of our Navigation, and as we have got
yet no return, we are under a necessity to give you this Trouble
acquainting you that ever since the Duke left this place we have had two
Ships, viz*., the Anne, James Ferguson, Master, and the Princess Caroline,
John Bothwell, Master, both clear to saill for London with Manufactures
and Salmond, and, as they are perishing commodities, they sustain great
loss in being detained. Wherefore we earnestly beg you'll once more lay
this affair before his R. H., and obtain a Liberty for the above Two Ships
to ply their Voyages to London in finding proper security. We are
informed ships have liberty to pass from Montrose and other Ports in
Scotland, and Dutch ships come here to Carry off our Manufactures, to
the great prejudice of our own Shipping. We ask pardon for this
Trouble, and we have the honour to be, with great regard,
Sir,
Your most obedient and most faithfull humble servants.
Signed in name and by appointmente of the
Governours of Aberdeen by
To Sir Everard Fawkener, Secretary to his
Royal Highness the D. of Cumber :
OF BURGH OF ABERDEEN, 1746. 247
Aberdeen, 25 th Aprile, 1746.
My Lord,
We wrote your Lop the i8 th inst, with the first notice
of his Royal Highness's Victory over the Rebels, no doubt since that
time your Lop has got full accounts of it from the Army. Since the
Battle there have been some Common people who resided in and about
this place who were in the Rebellion apprehended, who seem to agree
that most of the Low Country (men) got off, having fled in the Beginning
of the Action and fled to Ruthven in Badenoch, where on the Eighteenth
they all separate and dispersed, and particularly one Martin, who lived
in Mr. Midlton of Seaton's grounds, being apprehended as a Rebel,
acknowledged last night Before the Sherriff that he was at Ruthven
after the Battle, where there were several hundreds of the Rebels, and
that Stonnywood his Commander came and told his People that orders
were given that they should all disperse and shift for themselves, and
that he saw Stonnywood tear the Collours from the Staff. Another of
the Rebels presently in Custody here, Declares that the Afternoon of the
Battle two or three miles from the field the Young Pretender, accompanied
by the Duke of Perth, Lord John Drummond, and about One Hundred
Horse, past him on the Road towards Ruthven, and that next morning
he saw the forsaid Horses at Ruthven as he passed by.
Mr. Garden, Minister of Birse, informs us that the Angus men passed
thro' Braemar the i8 th , some with Arms, many without, some wounded,
and all in the greatest Confusion, other Informations bear that a good
many of the Buchan People that were in the Rebellion have been seen
passing and repassing to that Country, we thought it our indispensible
duty to acquaint you of the Rebels Rout as above, at the same time are
perswaded that the whole Low Country men are dispersed, whatever else
may occur shall acquaint you from time to time, and we have the honour
to be, with great regard and esteem,
My Lord,
Your Lordships
most obedient and most faithfull humble Servants.
To The Right Honourable
The Lord Justice Clerk, Edin r .
348 EXTRACTS FROM RECORDS
28 Aprile. Wrott to Mr. Bruce and Mr. Dundass that forage may be
provided for the Troops passing this place, and acquainted Mr. Bruce of
the Information that some of the Rebels were about Glentanar, and that
there appeared to be something in agitation among them.
Aberdeen, I May, 1746.
Sir,
Wee have your oblidging favours of the 26 th ultimo, and it
gives us great Satisfaction to understand his R. H. the Duke seems
pleased with our Conduct. Wee shall still continue to doe all in our
power for the Support of the Government and Suppression of this
wicked Rebellion, and shall be sure to give all the assistance to the
Military, and endeavour all wee can to make everything agreeable to them.
Our Merchants are very impatient for having the Port oppened for our
Shipping.
On Tuesday last Lord Cobham's Dragoons came to this Town.
Major Chaban who commands them has been with us once and again.
Wee have given him all the Information possible as to the Rebels in this
Country, North South and West of this, As also Lists of all the Shipping
in the harbours of Peterhead, Fraserburgh and Stonehyve, he sent of
Cap 1 . Goddard with a detachment early yesterdays morning to Peterhead
and Fraserburgh to cause unrigg the Shipping, and Search for the Rebels
in that Country, Major Chaban marched with the rest of the Regiment
for Stonhyve this Morning. You certainly know that the forage was
entirely exhausted in this neighbourhood, and are Surprised the Com-
missary left no Magazine nor made any provision for the Troops returning
this way, as wee hear Lord Mark Kerr's Dragoons are on their way here.
Wee thought it our duty to acquaint you of this, that you may lay the
same before the General officers, so as the Commissary may be ordered
to have forage laid up for the Troops here, it was with the utmost
difficulty Cobham's Dragoons were gott provided for two nights.
One of our Governours was at fraserburgh this week, who tells us
that he was certainly informed That Lord Pitsligo and Several of the
Gentlemen that have been in the Rebellion were in that neighbourhood
last week, that they affected to be in great Spirits, and seemed to have
Something of Consequence in Agitation. As our Prison is full of a
OF BURGH OF ABERDEEN, 1746. 349
Vermine of Canalle (?) should be glad to have your directions about
them, and if any of them whose Crimes are less Attrocious than others
may be Admitted to Bail. Meantime shal observe your directions in
giving the allowance you order to such of them as are Necessitous and
have nothing to Support themselves, which seems to be the case of all
them wee have taken up, Mr. Elphinston's friends would fain have you
answer in relation to his being admitted to Baill. Wee expect youl
favour us from time to time of any Occurrences, And wee Remain very
Sincerely, Sir,
Your oblidged and most hutt Servt 8 .
To David Bruce, Esqre.,
Judge Advocat.
Aberdeen, 5 May, 1746.
Sir,
We received yours of the 22 d instant, and it makes us go on
with our duty with the greatest alacrity and Chearfullness, as we have
the Honour to have our Conduct approven of by his Royal Highness the
Duke, shall take care to grant the allowance to the prisoners as you
direct. The Detachment of Lord Cobham's Dragoons returned from
Peterhead and Fraserburgh, but have brought in no Prisoners. The
Men of War on our Coasts are Threatening to unrigg our ships, we have
wrote this day to Sir Everard Fawkener about our Shipping, and we
intreat you'll keep him in mind to get something done about them.
Since the last list of Rebels we sent you that are apprehended and
Imprisoned here, there have been apprehended and imprisoned the
following Persons, viz*., John Main, white fisher in Footdee, James
Mitchel in Northfield, George Mitchel in Hizzlehead, Alexander
Robertson, Chapman in Robslaw, Daniel McDougal, a Beggar, upwards
of seventy years of age, Robert Ross, Indweller in Abd n ., William
Farquhar in Glasgowego, John Macklean in ferryhill, Alexander Catto,
weaver, servant in Aberdeen, Charles Davidson, late servant to Mr. Gordon,
Aberzeldy, James Allan, Residenter in Abd n ., James Donald and Alex-
ander Melvine, servants to Mr. Menzies of Pitfodles, and William Melvin,
late servant to George Forbes, Merchant in Aberdeen, who were all in the
Rebellion. Alexander Mar, butcher in Aberdeen, for being in Arms,
H i
2 SO EXTRACTS FROM RECORDS
and keeping Guard in the Town with the Rebels the night of the
Skirmish at Inverury, John Bruce, who acknowledges he was a Souldier
in Lord Semple's Regiment and Capt. Ballentine's Company, who is
confined on account that its said he is a Deserter, and was in Arms with
the Rebels : There is one Lawrence Clerk, who is one of Fitz James's
Horse, came here and surrendered himself, and is detained prisoner untill
we get your Orders ; Walter Nicol, Merchant in Aberdeen, who was at
Edinburgh when H.R.H. was in Town, upon his coming to Town we
caused him find Baill for his good behaviour and appearance when called
for, under the penalty of one hundred pound Sterling, we are looking for
an answer from you whether any of the Prisoners that only assisted in
guarding the Arms should be admitted to Baill, we expect you'll favour
us from time to time of any occurrences, and we remain sincerely,
Sir,
Your obliged and most humble Servants,
(Signed) JAMES MORISON, Preses.
Aberdeen, 5 May, 1746.
Sir,
We gave you the Trouble some time ago for a licence to our
Shipping, Mr. Bruce informs that you have been so much hurried you
have not had leasure to give us an answer as yef, but might soon expect
it. On friday last Captain Dyve of the Winchelsea Man of War sent on
shoar his Lieutenant to unrigg the Shipping in this Harbour, we wrote to
the Captain intreating he would not execute his Orders untill we should
have your answer, and have prevailled on him to delay untill he aquaint
the Commodore and we engaging that no ship, shall go out of this
Harbour till he return, we expect Captain Dyve back to-morrow, who
told us that in case the Commodore gave Orders, he must unrigg
immediately. We must beg leave to represent this hardship, that
thereby a total stagnation is put to trade, and our Town much straitned
for Provisions, Coals, Salt, &c. at same time we reckon it impracticable
for any Rebels to make their escape by Shipping from this Port, as these
Ships that have got Licences are so narrowly searched both by the
Officers' of the Customs and by our own Volunteers, and a constant
OF feURGH OF ABEklJEEN, 1746. 251
Guard keept at our Harbour mouth ; on these Considerations we flatter
ourselves that H.R.H. will allow our Shipping to proceed, more especialy
as they have such liberty at Montrose, Dundee, & ca . We wrote Mr. Bruce
the Judge Advocate the I st instant, and then gave him all the information
we had learned concerning the Rebels, Since that time we had informa-
tion, that Menzies of Pitfoddles (whose house is five miles from this Town)
had five sons who had been all in the Rebellion returned to their father's
house immediately on this notice we consulted with Captain Crosbie, and
he sent a party of the military from the Fort, who, in conjunction with a
party of our Volunteers, searched the house of Pitfoddles in the night
betwixt Saturday and Sunday last, they found none of the Sons, but
have got two of their servants who acknowledge they were in the
Rebellion, and they are committed to Prison, we are also informed that
numbers of the Rebels are in the head of Strathdon in a large Mountainous
Country, and it's judged that some of the Highlanders in H.R.H. the
Duke's Service would be the properest persons for finding them out We
wrote you some time ago for more arms to our Volunteers, are fond to
tell you that they beheave very well and delight in expeditions for
catching of Rebels, but vastly discouraged for want of arms, one third of
them is not as yet provided, must therefore intreat you'll lay this matter
before H.R.H.
Aberdeen, 7 May, 1746.
Sir,
We have your favours of the 2 d Inst. as Preses of the Commitee
of the Royal Burrows, shewing that they are to meet on the 13 th in order
to congratulate His Majesty upon the Success of his Arms against the
Rebels, and to thank him for his great goodness in sending H.R.H. The
Duke, under whom by Divine assistance a Compleat Victory is obtained,
as we have no legal Magistracy but only act as Governours by Com-
mission from H.R.H. we are just now hurried in the Governments
service, and cannot conveniently spare a Commissioner to attend the
Committee, but we hereby heartily concur in your laudable design, and
do think there can't be words sufficient to Testify the thanks and gratitude
this Country owes his Majesty and H.R.H. The Duke on such a happy
event, which we hope will lay lasting foundations for peace and tranquility
2$ 2 EXTRACTS FROM RECORDS
to us both in Church and State, we heartily wish the wellfare of the
Royal Burrows, and are, with great Regard,
Sir,
Your most obedient Servants.
Signed in name and at the Desire of the Governours of the City of
Abd n . by (Signed) JAMES MORISON.
Aberdeen, 9 th May, 1746.
Sir,
The Governours are informed that there is some order appointing
a Registration of all Bonds or other Deeds granted by those who may
have been concerned in this unnatural Rebellion, and that immediately
in the Books of Council and Session ; As the Town of Aberdeen have
securities from some of those unhappy people, We therefore intreat on
receipt of this, that you'll make inquiry (at the most knowing People)
what the nature of this order is (or if there be any such thing), and what
the Town of Aberdeen ought to do for their security. We therefore
desire that you'll immediately in course advise us what is proper to be
done, and also from time to time advise us of anything of this nature, or
what may concern the good or interest of the Town, you promised long
ago to have sent the Treason Act, which we see others have now got, as
Doers corespond with their employers punctualy at this Juncture, we will
expect the same from you, and we are, Sir,
Your most humble servants.
To Mr. Geor. Chalmers,
Wr. to ye Sig 1 ., Ed r .
Abd., 23 May, 1746.
My Lord,
Wee have the honour of your Lops/ Letter of the i6 th
instant, desyring us to make up exact Lists of such as are in Custody
within this Town on account of the late Rebellion, and in obedience to
your orders, Wee have made up in as Exact a Manner as wee could
devise, ane Alphabetical List of the prisoners, with ane Account of their
OF BURGH OF ABERDEEN, 1746. 253
Crymes, so far as wee could learn (several of them being Committed by
the Judge Advocat and others who only can give Information of the
Crymes for which they are committed), with a List of the witnesses for
proving against them subjoined, and the numerical figures adjested to
each prisoner of the witnesses that can prove against them, which Lists
are here sent you enclosed. Wee have concerted with the Sheriff of the
County in making up this List, and wee shal be ready at all times to
Obey such orders as your Lop/ shal please direct, and shal from time to
time transmitt to your Lop/ Lists of any other Rebels that shal be
imprisoned here.
Your Lop/ knows the Extensive trade of this Town in the Manu-
facture way, which usually is transported to London in the Spring, but
. upon Account of the present troubles has this year been entirely Stopt,
to the very great loss of our Merchants, If your Lop/ could putt us on
any Method to allow two or three of our Ships to proceed to London (as
our Shipping are presently unrigged and embargoed), it would be a most
singular favour done our Town.
Wee have the honour to be, with very great Regard and Esteem,
My Lord,
Your Lops/ most obed 1 . and most hutt Serv te .
To Lord Justice Clerk.
Abd n ., 23 May, 1746.
Sir,
In answer to yours of the 16* inst, wee observe what you wrote
of your having Received Baill for Mr. Elphinston.
As to the Prisoners wee Received lately a Letter from the Lord
Justice Clerk desyring to send up ane Exact List of those in Custody
here and their Crimes, and Lists of witnesses to prove against them. -In
obedience wherunto have made a very exact List, and transmitted the
same to his Lop/ this day (copy whereof wee send here inclosed for your
satisfaction). As also wee send you a Note of those wee have admitted
to Baill, most of whom were absent when H.R.H. was here. And when
they Returned wee oblidged them to find Baill in terms of your Recom-
mendation to us theranent, you know wee wrott you from time to time of
254 EXTRACTS FROM RECORDS
our proceedure that way only. Since our last to you wee have admitted
to Baill Patrick Sandilands, Merchant in Aberdeen, and Thomas Mosman,
Advocat here, who were both absent while his R.H. was here.
Wee know nothing further about Robert Mcpherson from Calder, but
that Lord Ancrum caused committ him to the Main guard as a Rebel.
In this excessive hott weather the Prisoners here are in a dismal situation,
the Jaol being full, Pray if anything possibly can be done to allow two
or three of our Ships to sail for London with Manufactures, it will be a
most singular favour done our Merchants Lawrence Clerk, one of Fitz
James Reg 1 ., who surrendered here, was carried off with the rest of the
prisoners for Inverness on Saturday last, under the Command of Capt.
Dunlop of Blackney's Reg 1 .
Wee Remain, with great Regard, Sir,
To David Bruce, Esqr.
List of Prisoners presently in the Tolbooth of Aberdeen Reported to the
Right Honourable The Lord Justice Clerk.
1. James Allan, Residenter in Aberdeen, was in Arms with the Rebels
in James Moir of Stonnywoods Corps of Lord Lewis Gordons
Regiment. Confessed that he was at the Battle of Colloden, and
was Apprehended by the Town Guard to be proven by Alex r .
Munzie, Baker, Servant in Aberdeen, Alex r . Aiken, James Cook
and Peter Hervie, Porters, Ro l . Ross, John Masson.
2. Alexander Annand, Butcher in Aberdeen, was in Arms with the
Rebels in the Corps of James Moir of Stonnywood. Confessed
his being guilty, and will be proven by the said Alex r . Munzie,
Alex r . Aiken, Ro l . Ross, John Masson.
3. William Baird, Silkdyer in Aberdeen, Confesses that be putt a white
Cockade in his hatt, and Joyned James Moir of Stonnywood and
other Rebels when they entred the Town, and made a parade with
them down the Streets about the 20 Septr., 1745, and was at the
house of George Gordon, Merc 1 , in Abd n ., demanding Arms in the
Pretenders name, witnesses, Alex. Munzie, Alex r . Aiken, for he
alleadges he surrendred himself in terms of the D. of Cumberlands
proclamation.
OF BURGH OF ABERDEEN, 1746. 255
3a. John Bruce, who says he was a Soldier in Lord Semples Regiment,
was said to be in Arms among the Rebels, witnes, John Ross
Masson in Aberdeen.
4. Alex r . Catto, weaver, Serv 1 . in Aberdeen, Confesses that he was in
Arms with the Rebels in the Corps of James Moir of Stonniewood,
and will be proven by Wm. Moir, Indweller in Abdn., Robert Ross.
5. William Couts, Boatman in Torry, Imprisoned by Mr. Bruce, who
can inform anent his Cry me.
6. John Cruikshank, weaver in Aberdeen, Imprisoned by Mr. Bruce, the
Judge Advocat, who can only inform of the Crymes wherewith he
is charged, and of the witnesses for proving therof, as he took
precognitions anent the prisoners, and carried the same along
with him.
7. Charles Davidson, late Servant to Alex r . Gordon, Aberzeldy, Merc 1 .
in Abdn., Confesses he was in Arms with the Rebels in the Corps
of James Moir of Stonniewood, which will be provin by Wm. Moir
and James Cook, Ro l . Ross, John Masson.
8. James Donald, Servant to Wm. Menzies of Pitfoddels, Confesses he
was in Arms with the Rebels, being Servant to John Menzies, one
of Pitfoddels sons, and went with them into England as far as
Derby, witnesses, Alex r . Aiken.
9. John Duncan, whitefisher in Futtie, Confessed that he was in Arms
with the Rebels in the Corps of Mr. Crichton of Achingoul, and
will be proven by Wm. Moir, James Cook and Peter Hervie,
Robert Ross, John Masson.
10. William Farquhar, Labourer in Glasgowego, Confesses that he was in
Arms with the Rebels in the Corps of James Moir of Stonniewood,
which will be proven by Wm. Moir, Ro'. Ross.
11. Alex r . Fleming, horsehyrer in Aberdeen, Confesses that he was in
Arms with the Rebels, In the Corps of Mr. Crichton of Achingoul,
which will be proven by Wm. Moir, John Masson, Rob 1 . Ross.
12. John Roy Grant, Wheelwright in Strathbogy, was Imprisoned by
order of Mr. Bruce, the Judge Advocat, who can inform of his
Cryme.
256 EXTRACTS FROM RECORDS
13. James Irvine, Shoemaker, Servant in Aberdeen, Confesses that he
went out to Peterhead and was one of the Guard that brought in
the Spanish Arms from Peterhead to Aberdeen, which will be
proven by Alex r . Munzie, Baker in Aberdeen, he was guilty of
Tumults in Town during the Rebellion, which will be proven by
James Smith, Sadler in Abd n ., Robert Reid, Serv 1 . to John Joyne
in Old Aberdeen.
14. Joseph Kemno, Blacksmith in the Hardgate, near Aberdeen, Con-
fesses that he was in Arms with the Rebels in the Corps of James
Moir of Stonniewood, which will be proven by Alex r . Aiken, Peter
Hervie, James Cook and Wm. Moir, Ro l . Ross, J. Masson.
15. Robert Knows, Salmond fisher in Craighead of Ardo, Confesses that
he went along with his Brother Wm. Knows (who was in Arms)
to Mr. Nicolsons, Minister of Banchorys house, to demand his horse.
16. Alexander Lawson in Badentoy Imprisoned for Recepting his Brother
John Lawson, who was in the Rebellion, which he confessed.
17. John Luckie, son to William Luckie, Shoemaker in Aberdeen, Con-
fesses that he was with the Rebels as Servant to Charles Moir, a
Captain in Stonniewoods Corps, and marched w h them to England,
witnesses for proving that he was with the Rebels, Peter Hervie,
Alex r . Menzies, John Masson, Ro l . Ross.
18. Alex 1 ". Mackdonald, Merchant in Aberdeen, Imprisoned by order of
Mr. Bruce, the Judge Advocat, who can Inform anent his Cryme
as above.
19. Thomas Mackdonald, Messenger in Aberdeen, Imprisoned by order
of Mr. Bruce, the Judge Advocat, who can inform anent his Cryme
as above.
20. Daniel Mackdougal, Residenter in Aberdeen, Confesses that he was
in Arms with the Rebels In Stonnywoods Corps, witnesses,
Alexander Aiken, James Cook, Ro l . Ross.
21. John Macklean, Labourer in ferryhill, Confesses that he was in Arms
with the Rebels In Stonniewoods Corps, witnesses, Alexand r .
Aiken, James Cook, Peter Hervie, Wm. Moir, Ro l . Ross.
OF BURGH OF ABERDEEN, 1746. 257
22. John Mackgregor, labourer in Cambster or Caithness, Confesses that
he was in Arms with the Rebels in Mackdonald of Barrisdales
Corps, he was putt ashoar here by the Sheerness Man of War.
No witnesses here ag l . him.
23. John Main, whitefisher in Futtie, Confesses that he was in Arms with
the Rebels in Achingouls, witnesses, Wm. Moir, Jo. Masson, Ro 1 .
Ross.
24. Alexander Mair, Butcher in Aberdeen, proven to be among the
Rebels Guard in Arms within the Town of Aberdeen the Night
of the Skirmish of Inverury.
25. John Martine at Gordons Miln was in Arms with the Rebels,
witnesses, Alex r . Menzies, Wm. Moir, Alex r . Aiken, Ro 1 . Ross,
Jo. Masson.
26. John Masson, whitefisher in Futtie, Confesses that he was in Arms
with the Rebels in Achingouls, witnesses, Ro 1 . Ross, Ja. Thomson.
27. Robert Macpherson, Imprisoned by Lord Ancrum, who can inform
of his Cryme.
28. Alexander Melvin, Servant to William Menzies, son to William
Menzies of Pitfoddels, Confesses that he was, along with his
Master and other Rebels, in Arms, and went into England with
them as far as Derby.
29. William Melvin, Servant to George Forbes, Merchant in Aberdeen,
Confesses that he was in Arms with the Rebels in Stonnywoods
Corps in England, and at Battle of Culloden, witnesses, Alex r .
Aiken, Peter Hervie, Ro'. Ross, John Masson.
30. George Mitchel, labourer in Hizzlehead, Confesses that he was in
Arms with the Rebels, and was at the late Battle of Culloden in
Lord Ogilvies Corps, witnesses, Alex r . Aiken, Ro'. Ross, Jo. Masson.
31. James Mitchel, labourer in Northfield, Confesses that he was in Arms
with the Rebels, and was at the late Battle of Culloden in Lord
Ogilvies Corps, witnesses, Alex r . Aiken, Ro 1 . Ross, Jo. Masson.
32. James Mitchel in Panmure was carrying North to Inverness, and
falling Sick at Aberdeen by the way, he was left there by the
Guard, he was Apprehended by the Precentor of Dun and
Imprisoned at Montrose.
I i
258 EXTRACTS FROM RECORDS
33. William Murdo, Shoemaker, servant in Aberdeen, Confesses that he
went out to Peterhead and was one of the Guard that brought in
the Spanish Arms from Peterhead to Aberdeen, which will be
proven by
34. James Niven, Merchant in Aberdeen, was Imprisoned by order of
Mr. Bruce, the Judge Advocat, who can inform of his Cryme.
35. David Ogilvie of Pool, a Captain in , was imprisoned by
Mr. Bruce, who can inform anent him.
36. Charles Ramsay, Senior, Wheelwright in Strathbogy, Imprisoned by
order of Mr. Bruce, the Judge Advocat, who can Inform of his
Cryme.
37. Charles Ramsay, Junior, Wheelwright in Strathbogyie, Imprisoned
by Mr. Bruce, the Judge Advocat, who can Inform of his Cryme.
38. Robert Reid, Masson in Aberdeen, Imprisoned by Mr. Bruce, Judge
Advocat, who can inform of his Cryme.
39. William Reid, a Popish Priest in the Parish of Riven, Imprisoned by
Mr. Bruce, Judge Advocat, who can inform of his Cryme.
40. Alex r . Robertson, Chapman in Robslaw, Confesses that he was in
Arms with the Rebels in Achingouls Corps, witnesses, Alex r .
Craig, wright in Lonhead, Ro'. Ross, John Masson.
41. Robert Ross, labourer in Aberdeen, Confesses that he was in Arms
with the Rebels in Stonniewoods Corps, witnesses, Alex r . Aiken,
Peter Hervie, James Cook and Wm. Moir, John Masson.
42. David Russel, Glover, Servant in Aberdeen, Confesses that he was in
Arms with the Rebels in Stonniewoods Corps, witnesses, John
Stronach, Glover in Aberdeen, Peter Hervie, John Masson.
43. George Scott, Town Clerk of Inverury, Imprisoned by Mr. Bruce,
who can inform of his Cryme.
44. John Scott, Son to the Deceast Robert Scott, Merchant in Edinburgh,
was in Arms with the Rebels in Stonniwoods Corps, witnesses,
Al. Aiken, Peter Hervie, Ja. Cook, Wm. Moir, Ro'. Ross, Jo. Masson.
OF BURGH OF ABERDEEN, 1746. 259
45. John Shaw, fidler in Aberdeen, was in Arms with the Rebels and
went with them into England, witnesses, Al. Aiken, Peter Hervie,
Ja. Cook, Wm. Moir, but he alleedges he Surrendered in terms of
The Duke of Cumberland's Declaration.
46. John Strachan, farmer in Reidfoord, was Imprisoned by Mr. Bruce,
Judge Advocat, who can inform of his Cryme.
47. George Wales, Whitefisher in Futtie, Confesses that he was in Arms
with the Rebels In Mr. Crichtons Corps, witnesses, Jo. Masson,
Ro'. Ross.
48. William Williamson, Butcher in Blairs of Maryculter, Confesses that
he was in Arms with the Rebels first in Pitfoddels Corps, thereafter
In Achingouls, witnesses, Alex. Aiken, Jo. Masson.
49. William Wishart, farmer in Johnshaven, Imprisoned by Mr. Bruce,
Judge Advocat, who can inform of his Cryme.
50. John Young, Residenter in Edinburgh, Confesses that he Served as a
Waggoner to the Rebels.
i i
List of Witnesses.
1. Alex r . Munzie, Baker in Aberdeen.
2. William Moir, Indweller in Aberdeen.
3. Peter Hervie, Porter in Aberdeen.
4. Alex r . Aiken, Porter there.
5. James Cook, Porter there.
6. James Thomson, Town Serjeand, y r .
7. Roderick Mackulloch, Town Serjeand, y r .
8. Robert Ross, Labourer in Aberdeen, \ two of the prisoners who
9. John Masson, Whitefisher in Aberdeen,/were in the Rebel Army.
10. John Ross, Masson in Aberdeen.
16 Aprile, 1746. In presence of the Governours.
Compeared James Johnston, Bleatcher in Aberdeen, who was appre-
hended by the Guard on Suspicion of his being Concerned with the
Rebels, and being Examined, Declares that he went from his house about
260 EXTRACTS FROM RECORDS
the beginning of March last, and stayd ten days at the Miln of Cluny,
and other ten days at Tillifour in his sister's house, and then Returned to
his house, and being asked the reason why he had stayed so long from
home, He said that he went to see his Brother, who was in a dying
condition, and to buy Meal for his family. Refuses that ever he was in
Arms or wore a white Cockade or was concerned with any of the Rebels
or the Tumults in the Town. Declares that there was one of the Rebel
Hussars who was quartered in his house left a sword belt and a scabbard,
and about eight days agoe some people that were filling muck in a
midden found a Broadsword, which they putt in to the Defendant's house,
and all which, with a powder horn, were found in his house last night
when he was apprehended by the Guard. Jas. Johnston.
Will : Chalmers, Sen r .
Compeared John Wishart, Servant to the said James Johnston, and
being Examined, Declared that he was no ways concerned with the
Rebels, and no thing being alleadged against him, he was dismissed.
Will : Chalmers, Sen r .
The Governours Appoint a Precognition to be taken anent James
Johnston's behaviour during this Unnatural Rebellion, and appoint
witnesses to be called upon. Will : Chalmers, Sen r .
Wherupon Compeared James Smith, Sadler in Aberdeen, and being
Examined, Declared that this last Winter he saw James Johnston two
different days have a white Cockade in his hatt, standing with some
Rebels at the Shop of George Forbes, Merchant in the Castlegate.
Will : Chalmers, Sen r . James Smith.
Compeared Thomas Glenny, Merchant in Aberdeen, and being
Examined, Declared that this last winter he saw the said James Johnston
once upon the Street with a white Cockade in his Hatt, Declares that
some of the nights appointed by the Rebels for Rejoycings he saw the
said James Johnston in the street with the mob. Tho : Glenie.
Will: Chalmers, Sen'.
The Governours having Considered the foregoing Precognition, They
appoint James Johnston to find Baill for his good behaviour, and to
OF BURGH OF ABERDEEN, 1746. 261
appear at all times when called for, under the penalty of fifty pound
Sterling, and to be Imprisoned till he find the said bill [bail].
Will : Chalmers, Sen'.
Al : Thomson.
3 d June, 1746. In. presence of the Governours.
There being a complaint given in ag l the forenamed James Johnston
for Spreading false Reports, and he being called upon by the Governours,
and having absconded, and his Cautioners being desyred to produce him
in terms of their Bailbond, and they having gone to the Countrey in
Search of him, produced him before the Governours, and craved he
might be Committed to prisone and they freed of their Bailbond. The
Governours thought fitt previous thereto to examine what witnesses
could be adduced ag l him for spreading lyes and false reports. Ac-
cordingly Compeared Abraham Bryant, Centinel in Lord Semple's
Regiment, who being Solemnly Sworn, purged of partial Council and
Malice, Depones That sometime after the said James Johnston was
bailled, he went to his house to ask if he had any Service for him in the
weaving way, That among other Discourse Johnston asked him what
news he had, to which the Deponent Answered he heard none, That
thereupon Johnston replied he heard there was a Landing of french near
London, and that the King's forces had better let Alone the House of
some person (who was a Rebel) whose name he has forgott, because it
was certain the Young Pretender, whom he called the Prince, had gott
together Six thousand men in a Body, And that the whole Country was
rising. Depones that this happened a considerable time after the Battel
of Colloden, That upon hearing Johnston utter these Lyes, he the
Deponent, and would not Serve him, and this he declares to be truth as
he shal Answer to God. Abraham Bryant.
Alex r . Aberdein.
The Governours Considering what is above sett furth, with a Separat
Petition from the said James Johnston's Cautioners, craving to be liberat
from their bailbond,,as also that James Webster, Indweller in Abd n ., Who
is given up as another Evidence of his behaviour, Since his being bailled
is out of Town, They therfor ordain him the Said James Johnston to be
Imprisoned till farther orders. Alex r . Aberdein.
262 EXTRACTS FROM RECORDS
16 Aprile, 1746. In presence of the Governours.
Compeared James Irvine, Servant to William Booth, Shoemaker in
Aberdeen, and being Examined, Refused that he was any ways concerned
with the Tumults in Town, But Declares that upon Sunday the twenty-
sixth day of January last he was called upon by William Murdo,
Shoemaker, to goe two or three Miles to bring in some goods to Town,
and the Declarant went along with Murdo to the Bridge of Don, where
he mett with a great many people under the Command of Daniel Smith,
Ane officer of the Rebels, and was forced by them to goe to Peterhead,
and Returned to Aberdeen as one of the Guard to the Arms and
Ammunition taken out of the Spanish Ship. Declares that John Strachan,
Tayleor, Serv*. in Aberdeen, Wm. Findlater, Shoemaker in Spittal, the
said William Murdo, Christal, Son to Peter Christal, wright in
Old Aberdeen, James Moir, Son to George Moir, late Town officer in Old
Abd n ., Wm. Edward, Shoemaker in Old Aberdeen, Hary Wight, Servant
to James Thorn, Taylor in Aberdeen, and a great many others were in
Company, with the Declarant guarding the Arms and Ammunition.
Declares that they were called by some of the Rebels when they came to
Town, and desyred to enlist with them, which he and the other forsaid
persons refused. Upon which they gott nothing for their trouble.
Will: Chalmers, Sen 1 . James Irvine.
The Governours Appoint the said John Strachan, William Murdo and
Hary Wight, who reside within the Jurisdiction of this Town, to be
called before the Governours and Examined on the facts Mentioned in
the foregoing Declaration, and Appoints a list of others to be given to
the Sheriff. Alex r . Aberdein.
The Governours Appoint a Precognition to be taken about James
Irvine's being concerned in the Tumults in this Town during the
Rebellion, and appoint witnesses to be called yupon.
Will : Chalmers, Sen r .
Wherupon Compeared James Robertson, Maltster in Aberdeen, and
being Examined, Declares that some of the nights appointed by the
Rebels for Rejoycings this winter he saw the said James Irvine on the
Street with the Rebel Mob. James Robertson.
Will: Chalmers, Sen r .
OF BURGH OF ABERDEEN, 1746. 263
Compeared James Smith, Sadler in Aberdeen, and being Examined,
Declares that one of the nights appointed by the Rebels this winter for
Rejoycings he saw James Irvine and George Paton, Servant to Wm.
Booth, Shoemaker, on the Street, Paton having a Broadsword and Irvine
a big Cudgel in their hands, and Attacked the Declarant on the Street,
and he heard Paton say here is Smith that damned Villian who has been
with Loudon, let us cutt him in pieces. Upon which the Declarant fled,
and Irvine followed him and catched hold of him, and drew his Cudgel
twice or thrice to Strick him, but the Declarant gott of, this can be
Attested likewise by James Robertson's Servants.
Will : Chalmers, Sen 1 ". James Smith.
Comp d . David M c Culloch, Son to Roderick M c Culloch, Town Serjeand
in Aberdeen, who being Examined, Declares one of the Rebels Rejoycing
Nights he saw Irvine and Paton with Sticks in their hands pursuing
James Smith, Sadler, who was running away from them.
Will: Chalmers, Sen r . David McCulloch.
Compeared Robert Reid, Servant to Robert Joyner, Taylor in
Aberdeen, and being Examined, Declares that one of the nights ap-
pointed by the Rebels for Rejoycings he saw James Irvine in the
Tumults on the Street, having a White Cockade in his hatt, having a
Cudgel in his hand, wherewith he Struck the Declarant.
Robert Read.
Will : Chalmers, Sen r .
Frances Duthie and John Brown to be called on as witnesses ag l .
Irvine's carrying Arms.
Compeared George Paton, Servant to Wm. Booth, Shoemaker in
Aberdeen, and being examined upon his being concerned with the Rebels
and their Tumults in this Town, Declares some of the nights Appointed
by the Rebels for Rejoycings, particularly upon getting Account of the
Battel of Falkirk, he was along with the Mob in the Streets, and the
following night he was on the Street with James Irvine, when they saw
James Smith, Sadler, pass by, and Irvine said there is Smith who has
been with Loudon. Declares that Francis Edward and George Jaffrey,
Servants to the said Wm. Booth, were with him in the Mob.
Will : Chalmers, Sen r . George Patton.
264 EXTRACTS FROM RECORDS
The Governours appoint the said James Irvine and George Paton to
be Imprisoned till furder Orders. Will : Chalmers, Sen r .
Al : Thomson.
17 Aprile, 1746. In presence of the Governours.
Compeared William Murdo, Shoemaker in Aberdeen, who was Appre-
hended by the Guard on Suspicion of his being concerned with The
Rebels, and being Examined, Declares that he was called upon by James
Wilson, Stabler in Aberdeen, to goe out to Peterhead to Assist in bringing
in the Arms from the Spanish ship that had come into that Port, Declares
that he agreed to goe, and being desyred by James Wilson to look out
for some other proper person, he went to James Irvine, Journeyman
Shoemaker, and told him where he was going, and asked if he would goe
along, which he agreed to doe. That they both went Accordingly, and
came in as part of the Guard with the said Arms, and saw them delivered
at the Guardhouse of Aberdeen to the Officer of the Rebel Guard.
Declares that ever since that time he had no Correspondance with the
Rebels, but lived peaceably at home working at his Trade. Declares when
he went to Peterhead he had a White Cockade in his Bonnet, and gott
two Shillings Sterling for his pains in going thither.
Alex 1 ". Aberdein. William Murdo.
The Governours Appoint the said William Murdo to be Imprisoned
In the Tolbooth of Aberdeen untill further orders.
Alex r . Aberdein.
Will: Chalmers, Sen r .
17 Aprile, 1746. In presence of the Governours.
Compeared Hary Wight, Servant to James Thorn, Tayleor in Aber-
deen, and being Examined, Declares that he was called upon by George
Steell, Merchant in Aberdeen, to goe out to Peterhead to Assist in
bringing in the Arms from the Spanish Ship that had come into that
Port, Declares that he agreed to goe, And Accordingly he went out with
a party of the Rebels to Peterhead, and Assisted in bringing the Arms
to the Guardhouse of Aberdeen, where they were delivered to the Officer
of the Rebel Guard. Declares that ever since that time he had no
Correspondence with the Rebels, but lived peaceably at home working
at his Trade, and that he was no ways Concerned in the Tumults in this
Town. Hary Wight.
Alex r . Aberdein.
OF BURGH OF ABERDEEN, 1746. 265
The Governours Appoint the said Hary Wight to be Imprisoned in
the Tolbooth of Aberdeen till further orders.
Alex r . Aberdein.
Will : Chalmers, Sen*-.
21 Aprile, 1746. In presence of the Governours.
Compeared William Thorn, writer in Aberdeen, who being called and
Examined, Acknowledged that he was on the Street with a Mob on the
twenty of January last, being the Prince of Wales Birthday, when the
Town's Drum was beating thro' the Town for illuminations, And that he
was in Company with Wm. Elphinston, Serv 1 . to Dr. Gregory, and David
Auchterlonny, Servt. to Andrew Skene, Chirurgeon, and a great many
others, when the Town's Drum was broke by the Mob, And the Declarant
Acknowledges he was concerned in breaking of the Drum, farther
Acknowledges that the said Mob break a great Many winndows that
were illuminat, but Refuses that he broke any himself, except one window
in Baillie Smith's house, Acknowledges that he went in to the Church by
opening one of the windows in order to Stop the Kirk bells from Ringing,
but the Bells were Stopped before he gott to them, And Refuses that he
Struck- any body on the streets that night. Will : Thorn.
Will: Cruikshank.
Comp d . John Duncan and John Masson, white fishers in Futtie, who
were Apprehended by the Guard, And being Examined, Acknowledged
that they inlisted themselves as Soldiers in the Rebellion with Crichton
of Achingoul, and that they accordingly Marched with the Rebels from
this place to Inverness, where they gott Arms, and Served untill Tuesday,
the isth Current, that they deserted from the Rebels and came to their
own houses on Saturday evening, where they remained untill they were
Apprehended by the Guard, and Masson says that his father went
yesterday's morning to the Minister of Futtie and Intimat his Surrendring
himself prisoner in terms of his Royal Highness Declaration, and declared
they cannot write.
William Mowat.
The Governours having Considered the Confessions of the saids
William Thorn, John Duncan and John Masson, appoint them to be
imprisoned till furder orders. James Morison, Jun r .
William Mowat.
K I
266 EXTRACTS FROM RECORDS
Compeared William Elphinston, Servt. to Dr. Gregorie, and acknow-
ledges that he was in Company with Wm. Thorn and David Auchterlonny
with a great Mobb on the streets of this Town on the twenieth of January
last at night. Acknowledges that he went thro' the Town with the mobb,
and saw them break many windows, but denys that He broke any himself,
that he saw James Sangsters hatt beat off, and a Pistol taken from him.
Acknowledgs that he was with the mob when the Drum was broke, but
knows not who broke her. Will" 1 . Elphinston.
Thereafter compeared Duncan Verner, Son to Mr. David Verner,
and made Oathe That the forsaid night the Twentieth of January he saw
the said William Elphinston in the Mob, And that he held a Pistol to the
Deponents breast and told he would shoot him if he did not hold off and
go home, and this he Declares to be truth, as he shall answer to God.
Duncan Verner.
Compeared Robert Reid, Servant to Robert Joiner, Tayler, and made
Oath, That the foresaid night of the mob he saw the said William
Elphinston hold a Pistol to the said Duncan Verner's Breast, and swore
by God he would shoot him if he did not hold off and go home, and this
he declares to be truth, as he shall answer to God. Robert Reid.
The Governours foresaid, in Respect of the foresaid Confession of the
said William Elphinston and Depositions of the Witnesses, appoints the
said William Elphinston to be imprisoned in the Tolbooth of this Burgh
till further Orders. James Morison, Jun r .
William Mowat.
21 Aprile, 1746. In presence of the Governours.
Comp d . David Auchterlony, Serv 1 . to Andrew Skene, Chirurgeon in
Aberdeen, who being called and Examined, Declared that he was on the
Street with the Mob on the twenty day of January last, being the Prince
of Wales Birthday, along with the saids Wm. Thorn and Wm. Elphinston,
was present with the Mob when they Broke the Town's Drum, and went
thro' the Street with the Mob when they Broke a great many windows
that were illuminat. Acknowledges that he broke some of these windows
himself. David Auchterlony.
OF BURGH Of ABERDEEN, 1746. 267
The Governours having Considered the Confession of the said David
Auchterlony, Appoints him to be Imprisoned till further orders.
William Gordon, Jun r .
William Mowat.
7 May, 1746. In presence of a General Meeting of the Governours.
There being ane Attestation, signed by Dr. James Gordon, presented
to them, bearing that Hary Wight is in such bad State of Health that his
Confinement will very much Endanger his Life, The Governours, having
taken his Case into Consideration, they Appoint him to be liberal out of
prison upon his finding baill for his Appearance and good behaviour
under the penalty of five hundred merks, and Wm. Johnston, Taylor in
Aberdeen, being proposed as Cautioner, he was appointed to be Received.
John Auldjo.
22 Aprile, 1746. In presence of the Governours.
Lewis Petrie, Servant to Dr. Forbes, being brought by the Guard
before the Magistrate for being concerned in the Mob on the twenty Day
of January last, being the Prince of Wales Birthday, And he being
Examined Thereupon, he Acknowledged that he was along with the
Mob that day on the Street, but was not concerned in any Riot the Mob
committed.
The Governours Appoint the witnesses to be Examined, whereupon
Compeared Hugh Mackie, Stabler in Aberdeen, witnes, called and Sworn,
Made Oath That on the twenty day of January last, when the Town's
Drum was going thro' the Town for illuminating the Windows in Town,
There was a Mob gathered about the Drummer, who broke the Drum,
and the said Lewis Petrie toss the Drum with his foot, and thereafter he
saw the mob goe into the College Kirk Closs, and heard them say that
they were to stop Ringing of the College Church bell, and he saw the
said Lewis Petrie goe alongst with them, and after they went into the
said Closs the said Bell was Stopt. Thereafter he saw the said Mob goe
to the Church to Stop the Ringing of the Church bells, and he saw the
said Lewis Petrie with the Mob in the Church yeard. And this he
Declares to be truth as he shal answer to God. Heugh Mackie.
268 EXTRACTS FROM RECORDS
Compeared John Mestine, Huckster in Aberdeen, And being Sworn,
made Oath that he saw the said Lewis Petrie on the Street with the
Mob on the twenty day of January last, when the Town's Drum was
broke, and thereafter saw him coming out of the College Kirk Closs
with the Mob when they were Stopping the Ringing of the College Bell,
and thereafter saw him in the Church yeard with the Mob endeavouring
to get in to the Church to Stop the Ringing of the Church bell. And
this he Declares to be truth as he shal answer to God.
Alex r . Aberdein. John Meston.
The Governours having considered the Deposition of the witnesses,
they Appoint the said Lewis Petrie to be Imprisoned till furder orders.
Alex r . Aberdein.
Will : Chalmers, Sen r .
I
13 May, 1746. In presence of the Governours.
Compeared David Russel, late Servant to John Stronach, Glover in
Aberdeen, who was Apprehended by the Guard the tenth instant, And
being Examined, Acknowledges that by the Advice of George Alexander,
Glover, a Rebel, he inlisted in Capt. Crichton's Corps, but deserted from
them, and thereafter, upon the Rebels Return to Aberdeen, he was taken
up by them and obliged to goe North with them, but when they came to
Elgin the Declarant again deserted from them and lurked ther about
till his Royal Highness the Duke of Cumberland's Proclamation was
published for Apprehending the Rebels, and then came to this Town,
where he was Apprehended by the Guard, and declared he cannot write.
Andrew Logic.
*
Compeared William Williamson, Butcher in Hillhead of Blairs, who
was Apprehended last night, And being Examined, Declared that about
the end of Harvest last he was presst in to the Young Laird of Pitfoddles
Corps in the Rebels Service by Donald Campbel and John Davidson,
Servants to the Old Laird of Pitfoddles, and carried to Stonehive, where
they were regularly payd by Samuel Midleton, the Old Laird of Pit-
foddles principal Servant, who was on the head of that Gang for pressing
Men. Declares he continued in this Service, sometimes at Stonehive,
sometimes at Aberdeen, and went along with the Rebels to the Skirmish
OF BURGH OF ABERDEEN, 1746. 269
at Invcrurie, from thence Returned to Aberdeen, where some time after
he and nine more of Pitfoddles Corps laid down their Arms at Pitfoddles
Lodging, viz'. : John Davidson, Donald Campbel, Magnus Toash, James
Miln, George Collie, John Gordon, and three others whose names he has
forgott, In presence of William Menzies of Pitfoddles, Elder, who desyred
them to take up their Arms again, otherways he would cause cutt out
their Ears and throw them into Prison, But he and his Neighbours went
home at that time. Declares that about three weeks therafter Capt.
Daniel Smith took the Declarant and confined him in prison, where he
Remained two hours, and when liberal he inlisted with Captain Crichton
and went North with the Rebels, and was in the Town of Inverness the
time of the Battel of Colloden, and left his Arms there in his quarters,
and was apprehended last night by a party of the Military in his fathers
house, and declares he cannot write. Andrew Logic.
Compeared Robert Knows, Salmond fisher in Craighead of Ardo, who
was Apprehended by the Military, And being Examined, Declared that
his Brother, Wm. Knows, Nathaniel Kynoch, and Andrew Sharp were
the persons who broke up Mr. Nicolsons, Minister at Banchory, his
house as they owned to him. Declares that he went along with his
Brother, William Knows, who was in Arms, to Mr. Nicolsons house to
demand his horse, but did not find him. Refuses that ever he was in
Arms. Robert Knows.
Andrew Logic.
Compeared Alexander Fleming, horsehyrer in Aberdeen, who was
Apprehended last night by the Guard, and being Examined, Acknow-
ledged that he inlisted with the Rebels in Capt. Crichton's Corps in the
Moneth of December last, And marched with them to Perth, Returned
with them to Aberdeen, And Marched North, and was with the Rebels
at the Battel of Culloden, afterwards at Ruthven, and came to this
Town, where he was Apprehended last night by the Town Guard.
Andrew Logic. Alexander Fleeming.
The Governours having Considered the Confessions of the saids David
Russel, William Williamson, Robert Knows, and Alexander Fleming,
Appoints them to be Imprisoned untill liberal by proper Authority.
Andrew Logic.
270 EXTRACTS FROM RECORDS
17 May, 1746. In presence of the Governours.
Compeared Alexander Lawson, in Badentoy, who was Apprehended
by the Town's Militia upon the fifteenth inst. for resetting of Rebels,
And being Examined, Declares that upon the thirteenth instant in the
Afternoon His Brother, John Lawson, who was in the Rebellion under
the Command of Mr. Moir of Stonnywood, came to his hous and
Acknowledged he had been in the Battel near Colloden. Declares that
he advised his Brother to goe to Aberdeen and Surrender himself, to
which he Answered he would take it to Advise till next Day, That
Accordingly the said John Lawson lodged at the Declarants house on
Tuesdays night and went off on Wednesday, And has not seen him since
nor knows where he is, And Refuses that he has harboured or lodged
any other Rebels, And that his Brother left a pair of Breetches in his
house when he went away. Declares he cannot write, which being
Considered by the Governours, They Appoint the said Alexr. Lawson to
be imprisoned till further orders. William Gordon, Jun r .
29 May, 1746. In presence of the Governours.
Compeared James Mitchel, in Panmure, late Servant to David Ferrier,
Merchant in Briechen, who was left in this place by the Guard that were
conducting the Prisoners to Inverness on Account of his Sickness, and
Acknowledged that he was in Arms with the Rebels, and was appre-
hended and Imprisoned in Montrose, And he being now Recovered, The
Governours Appoint him to be Imprisoned in the Tolbooth of Aberdeen
Untill he be liberal by proper Authority. Andrew Logic.
31 May, 1746. In presence of the Governours.
Compeared William Leith, Indweller in Aberdeen, who was last night
Apprehended by the Town Guard, and being Examined, Acknowledged
that he inlisted among the Rebels in Stonniewood's Corp and Marched
with them to the Battel at Falkirk, and thereafter Marched North, And
was at the late Battel near Colloden, and had stayed in the Parishes of
Lumphanan and Kincardine. Declares that his Arms were taken from
him by the Grants as he came South after the Battel, except a Hanger,
which he delivered up to Mr. Chalmers, Bannacraig, one of his Majestys
Justices of Peace, to whom he Surrendered himself the 2ist of Aprile
last. Will: Leith.
OF BURGH OF ABERDEEN, 1746. 271
The Governours having Considered the Confession of the said Wm.
Leith, They Appoint the said William Leith to be Imprisoned in the
Tolbooth of Aberdeen Untill he be liberat by proper Authority.
John Auldjo. Andrew Logic.
The above Wm. Leith Liberat by Lord Ancram.
4 July, 1746. In presence of the Governours.
Having Considered a Letter from Mr. Nicolson, Minister at Banchory,
in relation to the within designed Alexr. Lawson, with ane Attestation
from Andrew Skene, Chirurgeon, Attesting his bad state of health in
prison, They Appoint the said Alexr. Lawson to be liberat out of prison
upon his Enacting himself to Appear when called for under the penalty
of two hundred merks. Alexander Robertson.
John Auldjo.
Andrew Logic.
2 June, 1746. In presence of the Governours.
Comp d . Robert Nairn, Laxfisher in Aberdeen, who was called upon
as being Suspected of being concerned in the late Rebellion and being
out of Town for some time, And being Examined therupon, Declared
That he was desyred by the Lady Craibston to inlist Men for her Son,
who was then in the Rebellion, And the Declarant told her he would
advise of it before he gave her ane Answer, And the same day being in
the house of Thomas Burnet of Kirkhill, One of his Masters in the
Raick fishing, he Mett by Accident with himself, and told him what the
Lady Craibston desyred him to doe. To which Kirkhill replyed That it
was as much as his life was worth to doe any such, and desyred him to
goe and mind his own affairs and not medle in these Matters, Upon
which he never medled in that affair, but disuaded such as he had
occasion to converse with from entering into the Rebellion. Declares he
stayed in his own house fourteen days after the Duke of Cumberland
came to Town, And being told that the Duke was to take up such as
frequented Nonjuring Meeting houses, he went out of Town, and
returned to this Town the fifteenth day of May last, And during the
time he was out of Town he was at the salmond fishings of Culter and
Pitfoddels and nowhere else.
Refuses he was concerned any manner of way in the Rebellion or
any treasonable practices. Robert Nairn.
William Mowat.
272 EXTRACTS FROM RECORDS
The Governours Appoint the said Robert Nairn to find Caution for
his good behaviour and Appearance when called for Under the penalty
of two hundred Merks.
William Mowat.
Aberdeen, 4 June, 1746. In presence of Conveener Auldjo, one of
the Governours of Aberdeen.
Compeared John Lawrance, apprentice to John Innes, Wright in
Aberdeen, who was this day apprehended by Thomas Suttem, Joseph
Shardman, and James Rods, of General Fleeming's Regiment, who being
examined, acknowledges that in the beginning of October last he went
away with his Master from Aberdeen to Edinburgh with the Body of
Rebels commanded by Lord Pitsligo ; that at Edinburgh he joined to
the Company of Robert Sandilands in the Duke of Perths Regiment;
that he went along with the Rebells into England as far as Derbie ; that
he returned with them back to Scotland ; that he was in the Town of
Stirling the time of the Battle of Fakirk ; that he retraited north with
them to Aberdeen thereafter ; that he fell sick of a fever in his fathers
house in Aberdeen, and was not able to goe farther north with them
when they retraited farther north from Aberdeen, but was carried privatly
on horseback from Aberdeen upon the approach of his Royal highness
the Duke of Cumberland to the house of Robert Collie in the Parish of
Oin, where he continued a full moneth ; that ever since he has continued
sculking from place to place, and was never with the Rebells since they
went last from Aberdeen. John Laurance.
John Auldjo.
The Governours having considered the Confession of the said John
Laurance, they appoint him to be imprisoned till liberat by due course of
Law. John Auldjo.
ii June, 1746. In presence of the Governours.
Comp d . John Morton, Chapman in Glasgow, and being examined,
Declares that in the beginning of January last he was traveling with his
goods, and being at Stonhyve, Alexander Garioch of Mergie gott notice
of him and apprehended him, and desyred him to enlist in Sir Alexander
Bannermaus Company of Rebels, which the Declarant refused, where-
upon Mergie threw him in prison and kept him there two days and a
OF BURGH OF ABERDEEN, 1746. 273
night untill he engaged in the said Company. Declares he gott a gun
and a Sword and Served in that Company Untill the beginning of
March ; that he made his escape at Findhorn, and since that time he has
been Sculking in the Country Untill the fourth instant ; that he was
Apprehended by order of Mrs. Fordyce at Belhelvie and sent prisoner to
Aberdeen, and has been in the Guardhouse since. Declares that he left
his Gun at Findhorn, and gave his Sword to a Ministers Wife near
Findhorn. John Moton.
Al. Thomson.
John Auldjo.
The Governors having Considered the above Confession, appoints the
said John Moreton to be imprisoned till liberat by proper Authority.
Al. Thomson.
John Auldjo.
To the Right Honourable the Lord Justice Clerk.
1 6 August, 1746.
My Lord,
We were honoured with your Lops kind obliging letter of
the instant, which gives us a new instance of your Lops sincere
friendship and regard to our corporation, The members whereof would
be most unworthy if they did not constantly behave with a gratefull
resentment of your Lops favours on all occasions.
It gives us no small satisfaction to be honoured with your Lops
approbation of our conduct with respect to the late riot committed here,
and to hope for your protection and support therein Consistent with
Equity and Justice, And we will endeavour to perswade our Inhabitants
to be directed by your Lop's judgement, as there was never reason to
doubt of your honourable intentions both to the publick and privat
interest of the place, For it gives us a very feeling pain that such an
unlucky thing should have happened to be done by the friends of the
Government, and that there should be any difference among those who
wish well to the same cause, As it gives occasion to the common Enemies
to rejoice. We are very sensible of the great happiness our Country
L I
274 EXTRACTS FROM RECORDS
enjoys by having the Earl of Albemarle to be Commander-in-Chief of
the Forces in Scotland, whose prudence and benign humanity is much
admired. We acquainted his Lop of the affair and sent him a copy of
the precognition, But by his returns to us, He seems not to look upon the
riot and insult in the same light we do, Nor yet to make great account
of the dammages, Tho' upwards of Two hundred families have suffered
thereby, and it is scarce possible to point out the disturbance that the
breaking of the windows and throwing of Stones occasioned in the
Night time in such a strong manner as it really was. Whether this is
owing to the impression that the Officers have given Lord Albemarle of
the thing, Or with a view to make us and our Inhabitants think little of
what happened, We shall not say, Only we hope that his Lop/ will think
more of it when he is better informed, And we beg to set in a true light
an observation in your Lops letter, Namely, that the Officers were so
sensible of their Error, That next day they came and submitted them-
selves and entered upon baill.
Whereas the true fact was that next day Not one Officer or Soldier
came to us to make the least acknowledgement, However we judged it
our duty to proceed in a legal, calm, peaceable way, And accordingly
entered upon a precognition of the facts, which took us up most of the
day, And having got pretty clear evidence against Capt. Morgan and
Sergt. Wilson, we waited of [on] Lord Ancram at the Coffee-house and
caused read over the precognition to him, and being informed that Capt.
Morgan was to leave the place, we thought it proper to insist for baill
for his appearance to answer to the riot complained of, which his Lop did
not incline, but rather endeavoured to wave Capt. Morgan's appearance,
whereupon we caused read the rioting act to him and insisted that he as
Commanding Officer should sist Captain Morgan, at the same time we
told nothing more should be demanded but a bail bond for his appear-
ance. It was with reluctance that my Lord sent his Servant for Capt.
Morgan, When he came we treated him with all marks of civility,
Acquainting him we wanted nothing but baill for his appearance. Then
Col. Jackson was sent for, who endeavoured to explain away the thing
and burlisque the proceedings of the Court, and both my Lord Ancram
and the Col. told we were under military government and the power of a
civil Magistral does not yet take place. They strugled hard against
Capt. Morgan's finding baill, and insisted that prior to his finding baill,
OF BURGH OF ABERDEEN, 1746. 275
we should make him prisoner in force, and actually laid us under a
necessity to put him in the hands of the Town's Officers, who took his
sword from him and carried him prisoner to the next room, This farce
was really at the desire and by the procurement of Lord Ancram and
Col. Jackson, It may be easily guessed with what view, for all along we
told we wanted nothing but baill for the Capts appearance, and we were
still ready to accept of Col. Jackson's security, which was granted at
last. Thereafter we insisted that Serjt. Wilson should be delivered up,
which Col. Jackson promised to do, Instead of which he sent him to the
Country upon a party Industriously to rescue him from Justice. We
proceeded with all the decency and moderation in our power, But the
Officers were highly incensed and took all opportunities of resentment
both against the Magistrates and Inhabitants, Particularly they returned
all their burgher tickets to the Provost by a Common Serjeant, and no
other reason can be found out for taking up Andrew Walker and Walter
Nicol, Merchants of this place, but that Nicol was ane evidence anent
the riot, and a pretence that the Governours appointed by H. R. H. the
Duke had admitted them both to bail for a hundred pound st. each,
whereas Capt. Morgan was obliged to find baill for Five hundred pound.
This is what some of the Officers do not hesitat to tell openly, and if it
be in the power of the Military to controul the proceedings of the Civil
Magistral at this rate, They may take up every individual at their
pleasure who has been bailled or liberal by your Lop or any civil officer.
Your Lop was pleased to write to Lord Ancram by the last express
we troubled you with, and accordingly the bearer delivered my Lords
letter at Montrose, but instead of giving any satisfaction about the
committment of Walker and Nicol he thought fitt to detain our express
Sixteen hours at Montrose, and in the meantime ran another express
forward to Aberdeen with orders to incarcerat them in the Tolbooth,
where they remain without any order of committment. This we humbly
submitt to your Lop, and are extreamely sorry to mention any com-
plaints against Officers of the King's troops that should be the Guardians
of our libertys, and we shall be heartily glad such things should be
prevented for the future.
We have wrote to the Earl of Albemarle by this Bearer, and shall
delay any Procedure against Capt. Morgan Untill your Lop have an
opportunity of conversing [with] him on that subject, And we hope he will
276 EXTRACTS FROM RECORDS
think there is more in that affair than he seems to do by his letters to us.
It will give us great pleasure if the affair could be accomodat in an
amiable way for the honour and peace of the town and reparation of the
loss sustained by the Inhabitants. We have spoke to L : Semple
hereanent, who is much of the same opinion, and wishes the affair may
be settled in a reasonable way, we hope to be very happy with him, as
he is a Nobleman of great prudence and discretion.
We have great reason to offer many apologys to your Lop for our
frequent troubles, and particularly for the length of this letter, which we
begg ye may forgive, being intended to furnish your Lop with the truth
of facts, in order to con with L. Albemarle. We have the honour
to be with perfect truth,
My Lord,
Your Lops Most faithfull and obt. humble Sts.
To the Right Honourable the Earl of Albemarle, Commander-in- Chief
of His Majesty 's Forces in Scotland.
1 6th August, 1746.
My Lord,
We were honoured with Two of your Lops letters from
Fort Augustus Relating to the unlucky riot that happened here the
First of this Month, and we beg leave once more to assure your Lop
that we most heartily regrette the thing, Especially that it was done by
the Officers and Soldiers of his Majesty's troops, for whom we have a
high value and esteem, Looking on them as the Guardians of our
liberties, But when they transgress the laws of the land and committ a
notorious breach of the King's peace or do anything to oppress his
Majestys peaceable and loyal Subjects, we humbly think they are not to
be past over with Silence. Tis with no small reluctance and regret That
we either complain of the conduct of Officers or Soldiers, Or that we
should be obliged to apply the law to them for any Misdemeanour. We
can scarcely describe to your Lop the attrociousness of the riot and the
great disturbance it was in the town in the night time by the throwing of
the Stones and breaking of the windows, wounding the Inhabitants in
their beds with the Stones and intimidating all of them as if the whole
town had been to be destroyed.
OF BURGH OF ABERDEEN, 1746. 277
If it had only been a few panes of glass that had been broke as your
Lop is pleased to insinuat, Neither we nor any of the Inhabitants would
have taken the least notice of it, But there were many hundreds of panes
broke, and upwards of 200 families have suffered on this occasion.
Notwithstanding whereof the Officers principally concerned do not at
all seem sensible of their trespass Nor show any inclination to make
attonement for the riot or reparation for the dammages, But on the
contrary show all marks of resentment as weel against the Magistrates
as the Inhabitants. However, at your Lops desire, we have sisted
procedure Untill ye have an opportunity of conversing with my Lord
Justice Clerk on this Subject, and shall be heartily glad if any happy
proposal shall be made for accommodating the affair in an amiable way
Consistent with the honour and peace of the Town and repairing the
dammages, As none desire more to live in peace and harmony with the
King's troops than we do. Wee beg leave to Observe to your Lop/ that
so far as we can learn there were no Illuminations the first of this Month
in any Town of Scotland, And if we had thought it anyways necessary
or had it been customary, wee would not have failed of our duty on that
Occasion, As none wish better to the present happy Settlement than wee
doe, And there was no illuminations in Town that Night Nor any
intended to be Untill the bystanders heard Capt. Morgan give orders to
Serjeant Wilson and the party to break the windows, That y r upon Some
of them run thro the Town and told their Acquaintances that if they did
not putt up lights their windows would be broke, yet the Tavern where
the Officers were drinking was not Illuminat till after a great many
windows were broke.
We have had the honour of talking to Lord Semple on this affair,
who regrets it much, and earnestly wishes it may be settled amicably, we
hope to live in great peace and friendship with him. We wish everything
that is good and agreeable to your Lop, and have the honour to be, with
great esteem, My Lord,
Your Lop's Most faithfull and obt. humble Sts.
Abd., 26 Deer., 1746.
My Lord,
We're honoured with your Lops of the 19 Current, and
can say with the greatest truth, That We have it much at heart, to be in
378 BURGH RECORDS, ABERDEEN, 1746.
a cordial understanding, and live in peace and unanimity with the Kings
Troops and all the friends of the Government, We have been at more
than ordinary pains to get that unhappy difference removed which was
occasioned by what happened here the first of August last
After communicating to Co 11 . Jackson the last letter we have the
honour of from your Lop/ He seemed to be of opinion That it was more
natural for Cap'. Morgan and the other Gentlemen pointed At in the
precognition, To Sign the Reference for themselves than that he should
be bound for them, However at last by the interposition of Messieurs
Midlton and Duff the Referees, and upon our delivering up to the
Collonell his bailbond for Cap 1 . Morgan, He sign'd the Submission and
taks burden on him for Cap'. Morgan and the other Gentlemen of the
Military concerned in the affair.
The Referees promise to meet and order upon the point in Dispute,
howsoon Cap'. Morgan and others concerned Return from the Command
they are upon at present, and we flatter ourselves with a Decision, that
will establish peace and harmony, which we're persuaded will be very
agreeable to your Lop/. We're heartily sorry for the frequent troubles
you have got in this affair, which we hope will now be soon at ane end.
We wish your Lop/ the Return of many happy years, and everything
that's good and agreeable, and we have the honour to be, with perfect truth,
My Lord,
Y r Lops most faithful and most obedient
humble Servants.
To the Right Honourable
the Earle of Albemarle, Edinburgh.
XXI.
COPE'S BATTLE, 1745.
By an Eye Witness, supposed one of the Lord Forbes Family.
Having Leave of absence from General Read my Colonel, I was in
Scotland Last Summer, when the Rebellion broke out, and on that
occasion thought it my Duty, to offer my Service as a Volunteer, to Sir
John Cope, which he was pleased to Accept, and I Join'd the Army
under his Command near Inverness, on the fifth Day of last September,
from thence the Army march'd to Aberdeen, and there Embarqu'd on
Sunday the fifteenth ; we Landed at Dunbar Tuesday the Seventeenth,
and there the Army halted till Thursday Morning, when we march'd to
Haddington twelve Miles from Edinburgh ; On Fridday (sic) the twentieth,
Sir John Cope march'd the Army from Haddington, with an Intention to
Encamp on Musselburgh Links ; and my Lord Louden Adjutant General,
Major Cawlfield Quarter Master General, and my Lord Home, went
forward to Reconnoitre the Ground for that Purpose, but they very soon
Return'd and Informed the General, that the Rebells were on full March
to attack us ; immediately Sir John Drew up his Army in order of Battle,
in an Open Plain, about Seven Miles from Edinburgh ; The Field which
the General Drew up in was about an English Mile Square, where Both
Dragoons and Foot Could Act ; and very well Secur'd on all Sides to
prevent any Surprize ; when we first Drew up the Front of the Army
pointed South west, the village of Prestonpans and the Defiles Leading
to it, and Colonel Gardners House in our Front ; The Town of Tranent
with a Great many Coal Pits, Hedges and Ditches on our Left Flank ;
Seaton House and a Narrow Defile Leading from Haddington in our
Rear, and the Sea with the Village Cockenny on our Right Flank ;
And as Far as I Can Remember our Army was Drawn up as follows ;
viz. : Two Squadrons of Colonel Gardners Dragoons on our Right, and
280 COPE'S BATTLE, 1745.
two Squadrons of General Hamiltons on our Left ; The Infantry was
Dispos'd thus, five Companys of Col: Lee's Regiment on the Right,
Col : Murray's Regtt on the Left, and Eight Companys of Col : Lascelle's
and two of Genii Guises in the Center ; The Corps De Reserve consisted
of five Companys of Highlanders and two Squadrons of Dragoons, one
of Each Regtt ; The Rebells perceiving this Disposition, did not think
proper to attack us, but turn'd off to the Right and March'd up the west
End of Fawside Hill, and then advanc'd a little Eastward towards the
Town of Tranent ; on which Genii Cope wheel'd the Army to the Left
and Fronted Directly South, the Artillery being on our Left Flank, and
March'd the Army Some hundred paces up towards Tranent ; In this
Situation we Remain'd two or three Hours, the Rebells making Several
Motions of no Consequence till about four a clock, they sent a Detachment
to take possession of the Church of Tranent, and a little Bush of Trees
adjoining to it ; On this the General order'd Lt. Colonel Whitford, who
Commanded the Artillery, to advance two piece of Cannon and Dislodge
them, which was very soon done, for after killing a few and wounding
others, the Rebells retired to their Main Body ; Soon after the Rebells
made Another Motion, westward, and March'd along Fawside Hill, with
an Intention as we imagin'd to attack our Right Flank, through the
Village of Prestonpans, and the Defiles Leading from Colonel Gardners
House, immediately the General wheel'd the Army to the Right back-
wards and fronted west ; During which time the General sent me with
one of his Servants to Reconnoitre them, and I rode about an English
Mile west the Road Leading to Edinburgh, and in a Hollow way three
of the Rebells on Horseback mett us, and two of them fir'd Pistolls at us,
on which we Retir'd, apprehending there might be a Body of them in
Ambush ; But we Could perceive their Main Body on Fawside Hill,
marching and Countermarching in a Confus'd Manner, this I reported to
the General ; The Rebells Soon after March'd to the East of the Town
of Tranent, and about Sun Set appear'd Drawn up in Line of Battle,
and immediately the General, wheel'd the Army up to the Left a second
time, Facing Tranent, Expecting the Rebells to Attack us that night ;
But as the Rebells made no Motion ; about Nine a clock the General
Sent away the baggage with the Highlanders, to an inclos'd Field near
Cockenny and order'd, the Adjutant General and Major Talbot the Field
officer of the Day, to post the out Guards and Pickets, in the places that
COPE'S BATTLE, 1745. 28l
were thought most proper, and the two Reserve Squadrons, the one
towards Seaton on the Left, and the other towards the Village of
Prestonpans on our Right, to prevent any Surprise from these Quarters,
and after they were posted, the General went himself and view'd them ;
In this Disposition we Lay upon our Arms all night, and every half hour
the General who Continu'd in the Line, Received the Reports of the
Patroles, About three a Clock the Field Officer Acquainted him, from the
Report of the Patroles ; that the Rebells, were moving from their Ground
Eastward, this was Repeated till about four, And about this time he
Acquainted the General, that the Rebells, were moving Northwards, in
order to Come and attack our left Flank ; The General immediately
order'd the Line to stand to their Arms, and wheel to the Left, The
Dragoons by Squadrons and the Foot by Platoons, which they Performed
very Quickly and with great order ; He at the Same time Sent orders to
the out Guards and Picketts, to return to the Line ; When the Artillery
was posted, and the Line pretty near Form'd, the General rode from the
Right, to the Left in the Front, Encouraging the Men, begging them to
keep up their Fire, and keep their Ranks, and they would easily beat the
Rebells ; He then went to Hamilton's Dragoons, who were Coming to
their Ground on the Left, and observing that their Swords were not
Drawn, the General was very angry, and sent me forward with orders to
them to Draw their Swords, and hast up to their Ground in the Line,
By this time the Day was so far dawn'd, that we Could perceive the
Rebells running very fast, formed in Columns ; the Column on their Left
a good way more advanc'd than the others, Came up directly to Our
Cannon, and while they were Coming up, Col : Whitford, who for want of
Gunners, was oblig'd to point and Fire the Cannon himself, fir'd Several
shot at them ; The General after Seeing Hamilton's people on their
Ground, and observing the Action begun on the Right, Gallop'd thither,
and by the time he got to it, the Artillery Guard and Gardner's Dragoons,
were in Confusion, We Endeavour'd to get them into order but it would
not Do away they Run ; The General then attempted to keep the Foot
together, but they having their Right Flank, exposed by the Flight of
the Dragoons, were Likewise Seiz'd with a Pannick ; They gave their
Fire Somewhat Irregular, and went off from the Right ; Finding no good
to 'be Done with the Foot; The General went again to Gardners
Dragoons, who were stopt from Running Clear off the Field, by
M I
282 COPE'S BATTLE, 1745.
Mr. Erskine of Grange's Park walls and Did all he Could to prevail
with them to Rally, but to no purpose ; They stood Some Minutes with
their Croops to the Enemy, and then broke away by the Defile that Leads
by Col : Gardners House, The General Return'd a Second time, to
Endeavour to Rally the Foot, but they were Intirely broke, and most
of them he mett had thrown away their Arms ; Upon this the General
went to a Field, a little to the west of Preston Pans, where Lord Home
and Lord Louden had got about four hundred and Fifty of the Dragoons
to Stop, and it was Resolv'd to attack the Rebells with them, but as Soon
as a Small Body of the Rebells appear'd to the west of the Town, the
Dragoons Could not be brought to move towards them, on which it was
thought proper to go off, and the Retreat was made with Decency ; we
halted at Lawder, and Lay at Coldstream and Cornwal that night, and
next day, being Sunday the twenty second of September, we march'd to
Berwick upon Tweed.
XXII.
JOURNAL of the Marches of His Royal Highness the Prince Regent's
Army, from the Time they entered England the 8th of November,
till their Return to Scotland, the 2oth December, 1745.
His Royal Highness entered England, Friday the 8th Day of
November, in the Evening, and quartered at Redings all Night.
The 9th, His Royal Highness passed the Water of Eden at Rockley,
about Two in the Afternoon, with the first Column, and quartered that
Night in the Villages West from Carlisle.
The next Morning, being Saturday the loth, Carlisle was blockaded
on all Hands, and the Cannon were brought up, in order to raise a
Battery that Night, but Intelligence being come, that General Wade was
marching towards Carlisle, His Royal Highness went early on Monday
the nth, to Brampton, being seven Miles on the Road to Newcastle, in
order to meet Marshal Wade's Army, and give him Battle : But, after
waiting there two Days, and having certain Intelligence that the Troops
near Newcastle declined coming forward, His Royal Highness ordered
Carlisle to be again blockaded, which was done accordingly by Half of
the Army on Wednesday Night, being the I3th, whilst His Royal
Highness continued with the other Half at Brampton, as the most
convenient Post to attack the Enemy, had they ventured to relieve
Carlisle. The Trenches were opened that Night at about Musket-shot
from the Walls of the Town, about Midway betwixt the English and
Scots Ports, and thirteen Cannon were brought up, in order to batter the
Town ; but this was prevented by the Town's Capitulating on Thursday
the i4th, and His Royal Highness's Troops took Possession of the Town
and Castle on Friddy (sic) Morning, after the Town got full Security for
their Liberties, &c. according to the Capitulation. During both Times
that Carlisle was blockaded, there was but one Man killed, and one
284 JOURNAL OF THE MARCHES
wounded. The Militia that served in Carlisle, all the Inhabitants of the
City, as well as the Neighbourhood, can testify the exact Discipline of
his Royal Highness's Army, who paid for every Thing. All the Subjects
were protected in the full Enjoyment of their Liberties and Properties.
His Royal Highness, with his Army, halted at Carlisle, and the
Neighbourhood, till the 2Oth, of November, which Day the Van marched
to Penrith.
The 2ist, the Van went to Shap, and the main Body came to Penrith.
The 22d, the Van marched to Kendal, and the main Body halted at
Penrith.
The 23d, the main Body came to Kendal.
The 24th, the Van marched to Lancaster, and the main Body halted
at Kendal.
The 25th, the Van marched to Preston, and the main Body to
Lancaster.
The 26th, the Van passed Preston, and quartered at the Village on
the other Side of the Bridge, and the main Body came to Preston.
The 27th, the whole Army halted.
The 28th, marched to Wiggan, and the Villages near to it.
The 29th, all the Army marched to Manchester, halted there the 3Oth.
The ist, December, the Army marched to Macclesfield.
The 2d, the Van marched to Congleton, (within nine Miles of Newcastle
Under-Line,) where the main Body of the Duke of Cumberland's Army
lay, from which a Detachment was sent towards Newcastle for Intelligence,
and within three Miles of that Place, the said Detachment took Mr. Wear
(or Weir) their Principal Spy, Prisoner, and brought him to Congleton,
upon which the Duke of Cumberland's Army retired to Litciifield. The
Prince Regent having Intelligence of his Retreat from Newcastle Under-
Line, marched for Derby by Ashburn.
The 3d, the Van marched to Ashburn by Leek. The main Body
rested the 2d at Macclesfield, and marched the 3d to Leek. And,
The 4th, the whole Army went to Derby, where they stayed all the 5th;
and in a Council of War held in his Royal Highncss's Presence, Dispatches
of Importance being received, it was resolved to return to Scotland ; and
the next Day, being the 6th, they returned to Ashburn.
The 7th, they marched to Leek, and on the 8th to Macclesfield.
The gth, the whole Army marched to Manchester.
OF THE PRINCE REGENT'S ARMY. 285
The loth, they marched to Wiggan, and the nth, to Preston, where
they halted the I2th.
The 1 3th, marched to Lancaster, halted the I4th ; which Day a
reconnoitring Party took two of the Duke of Cumberland's Men, called
Rangers.
The 1 5th, marched to Kendal.
The 1 6th, the main Body of the Army was at Shap, but the Rear
Guard were obliged to stop at a Farm four Miles from Kendal, by Reason
that a great many of the Carriages, and particularly the four-wheeled
Waggons, in which was Part of the Ammunition, could not be forwarded
because of the Steepness of the Hill, and Badness of the Road ; But
small Carts being got next Day, and the Ammunition being shifted from
the broken Waggons, they came that Night to Shap, being the I7th, the
main Body having gone to Penrith that Day.
The 1 8th, the Rear Guard joined the main Body at Penrith in the
Evening. They saw several Parties of the Enemy that Day, but upon
the Approach of the Rear Guard they always retired : Tho' once, a
considerable Body of Light-Horse formed upon the Road, in order to
stop their Proceeding ; but, upon some of the Highlanders throwing
their Plaids, and running to attack them, they went off at the Gallop,
and shewed that Horse could run faster than Men, one of them only
having been killed. After the Baggage was sent to Penrith, a Battallion
of Foot and some Horse, went thro" Lord Londsdale's Parks of Lowther,
thinking to find some of the Light-Horse about his House, as he was
Lord Lieutenant of the County ; Accordingly some of them were seen
at a Distance, but rode off upon Sight of the Highlanders : Some Shots
were fired after them. At the same Time, some Parties scouring the
Parks, took a Running Footman of the Duke of Cumberland's, and
another Person clothed in Green, who appeared to be an Officer ; who
informed that the Duke of Cumberland was within a Mile, with about
4000 Horse and Dragoons, besides Light-Horse and Militia ; upon which
Lord George Murray, who always commanded the Rear Guard, took
Possession of a Village called Clifton, being a Mile from Lord Lonsdale's
House, upon the Highway to, and two Miles short of Penrith. By that
Time the Enemy form'd upon an open Muir, facing Clifton, and within
half Cannon-Shot ; where they continued for a considerable Time : At
last, about an Hour after Sun-set, they dismounted several of their
286 MARCHES OF PRINCE REGENT'S ARMY.
Dragoons, who came to the Bottom of the Muir, and lin'd the Hedges
and Ditches that were next to it. There was a pretty smart Fire on
both sides, for about half an Hour ; but at last the Dragoons firing very
fast, a Battallion of Highlanders was ordered down Sword in Hand upon
them, with Orders to drive them from their Posts, but not to advance
upon the Muir. Accordingly they went on with the greatest Alacrity
and Swiftness, and after passing two Hedges, drove them from the third,
which was the last of all, and then returned, as they were ordered, to
their former Posts. But twelve of the Highlanders, having past the
bottom Ditch, and run up the Muir, are still a-missing, which is the whole
Loss on their Side. How many of the Dragoons were killed and
wounded is uncertain ; but several Circumstances, such as Broad-Swords
taken from the Dragoons, and the Report of the Wounded dressed at
Penrith next Day, cannot be less than a hundred.
Night being come on now, both Sides retired. The four Battallions
of Highlanders joined the main Body at Penrith, the next Day, being
the 1 9th, the whole Army arrived at Carlisle, where they left a Garrison ;
and the 2Oth, past the Water of Esk, which was very high about Three
of the Clock in the Afternoon. All this Time the Enemy never
appeared ; what they met with near Penrith, had disgusted them from
too near an Approach of His Royal Highness's Army, which quartered
in two different Columns that night ; The one with his Royal Highness
at Annan, and the other at Ecclefechan.
It is certain, that by all Accidents, such as Deaths, by Sickness (of
which 'tis believed there were more in one Day in General Wade's Army,
than was in six Weeks in his Royal Highness's Army) and the People
that went astray in Plundering (which notwithstanding all the Officers
were able to do, could not be entirely prevented) and were not heard of
again, that his Royal Highness's Army did not lose forty Men in the
Expedition, including the Twelve at Penrith, Upon the Whole, never
was a March performed with more Chearfulness, and executed with
greater Vigour and Resolution ; which (next to the visible Protection of
Almighty God) was owing to the Example shewn by his Royal Highness
who always marched on Foot at the Head of his Men.
XXIII.
A PLAIN, general, and authentic account of the Conduct and
Proceedings of the Rebels, during their stay at Derby, From
Wednesday the 4th, till Friday Morning the 6th Dec., 1745.
On Wednesday the fourth of December, 1745, about Eleven o'clock
in the Forenoon two of the Rebels Vanguard rode into the Town of
Derby, and at their Entrance into it, gave a Specimen of what was to be
expected from such a Set of Villains, by seizing a good Horse belonging
to young Mr. Stamford, whose Servant being mounted thereon, and
riding from them, was pursued and taken, by the Horse's falling down :
After which they enquired for the Mayor's House, and demanded Billets
for 9000 Men, or more ; then rode to the George Inn, where several
Persons were employed in preparing Billets according to their Orders.
In a short Time after, their whole Van-Guard came in, consisting of
about 30 Men (besides Officers and their Servants) ; they wore Goldlaced
Hats, with white Cockades, were cloathed in Blue, faced with red, had on
scarlet Waistcoats, trimmed with Gold Lace, and most of them being
likely young Men, made a handsome Appearance. They were drawn up
in the Market-place, and sat there on Horseback near three Hours ;
during which Time they ordered the Bells to be rung, and Bonfires to be
made, which was done accordingly, to prevent any Mischief which might
have ensued on a Refusal.
About three in the Afternoon Lord Elcho, with the Life-Guards (as
they were called) and many of the Chiefs also arrived on Horseback, to
the Number of about 1 50, most of them cloathed as above ; These made
a fine Shew, being the Flower of their Army. Soon after their main
Body also marched into Town, in tolerable Order, six or eight abreast,
with about eight Standards ; most of them were white Flags with a red
Cross. They had several Bag-Pipers, who played as they marched along,
288 CONDUCT OF THE REBELS
and appeared in general to answer the Description frequently given of
them, viz. : A Crew of shabby, lousy, pitiful-look'd Fellows ; mixed up
with old Men and Boys ; dressed in Dirty Plaids, and as dirty Shoes,
without Breeches ; and wore their Stockings, made of Plaid, not much
above half way up their Legs, some without Shoes, or next to none, and
with their Plaids thrown over their Shoulders, (divested of their Arms)
they appeared more like a Parcel of Chimney Sweepers than Soldiers.
Whilst the Market-place was filled with them, they ordered their
pretended Prince (before he arrived) to be publickly proclaimed ; and
insisted upon the Magistrates who came without their Gowns, that they
should appear in them, but being told, they had sent them out of Town,
were content to have that Ceremony excused ; after which he was
proclaimed by the Common Cryer.
About the Dusk of the Evening their Prince, as they called him,
walk'd on Foot into the Town, attended by a great Body of his Men,
who conducted him to his Lodgings (the Lord Exeter's) where he had
Guards placed all round the House. Most of the Houses was by this
time pretty well filled (though they continued coming in till 10 or 11 at
Night) and many of them were illuminated ; some that were not had
their Windows broke by the Rebels.
Their Chiefs were entertained at the principal Houses, viz. : The
Marquis of Tullibardine, commonly called the Duke of Athol, had his
Lodgings at Thomas Gisborne's, Esq r . The Duke of Perth, at Madam
Rivett's. Lord Elcho at Mr. Storrer's. Lord Geo. Murray, at Mr.
Heathcote's. Lord Pitsligo, at Mr. Meynell's. Old Gordon of Glen-
bucket, at Mr. Alderman Smith's. Lord Nairn, at Mr. John Bingham's.
The Ladies Ogilvie, Murray, &c., at Mr. Francey's ; and their other
Chiefs and Great Officers, were lodg'd at the best Houses. Some
common, ordinary Houses had 30 and 40 Men each, some Gentlemen
100, and others none at all ; which Irregularity was occasioned by their
giving out, and ordering Billets to be prepared for some Thousands more
than there were.
We were obliged (notwithstanding our Aversion to them) to treat
them as we would have done our best Friends, and at their first coming
in, generally set before them Bread, Cheese, Beer, and Ale ; whilst every
Family were employed in providing Hot Suppers, and preparing
convenient places to lodge them in, some being content to lie upon
AT DERBY, DECEMBER, 1745. 289
Straw, and others insisted upon Beds. The Discourse of most of them
with one another, was unintelligible to us, great Numbers not being able
to speak a Word of English ; but talked a Language called Earsh or
Wild Irish. After Supper, many of them being much tir'd with their
long Day's March from Leek, (near 30 Miles) they went to Rest.
Being refreshed with a Night's Sleep, they were very alert and brisk
the next Day (Thursday) running about from one Shop to another to
buy Tradesmen's Goods, which they mostly insisted upon having at their
own Prices, viz. : Gloves, Handkerchiefs, Powder-Flasks, Buttons, Buckles,
Shoes, &c., and from some Shops they stole several Things. It was
common amongst them to stop People and demand their Shoes from off
their Feet, if they liked them better than their own, and not giving any
Thing, or however what they pleased for them. The longer they staid,
the more insolent and outrageous they were, demanding at many Houses
almost every Thing by Threats, drawn Swords, and Pistols clapped to
the Breasts of many Persons, not only by the common Men, but also by
some of their Officers ; so that many Persons were obliged to abscond to
preserve their Lives. Many Persons were taken into Custody upon the
least refusing to comply with what they demanded ; nay, even for any
Thing they had a Mind to charge them with.
They ordered the Cryer to make public Proclamation round the Town,
for all Persons who paid any Excise, to pay what was due by 5 o'Clock
the same Evening, at the Virgin's-Inn, on Pain of military Execution ;
by which Means they collected a considerable Sum of Money, tho'
several Persons escaped paying any, and some, by their good Management,
paid only Part of what was due. They also demanded what Money the
Gentlemen had lately subscribed and paid towards raising 600 Men in
this Town and County, for the Defence of his Majesty King George,
which obliged many Gentlemen to repay. They likewise made a Demand
of 100 1. from the Post-Office, which being refused them, they abated 50 1.
and insisted upon that Sum being paid ; but that not being complied
with, they not only threatened, but attempted to take away the Life of
the Drawer of the George Inn, (who had the care of the Post-Office at
that Time) so that to save his Life he was obliged to jump out of the
Chamber-Window into a neighbouring Yard, whereby he made his Escape
when they were pursuing him : However they seized the travelling Post-
N I
290 CONDUCT OF THE REBELS
Chaise, and took it away with them ; but left it upon a Common between
Ashborne and Leek, from whence it has since been brought back.
At several Gentlemen's Houses they broke open their Closets, Chests,
Boxes, &c. ; took away all their Guns, Pistols, Swords, and all other
Arms they could find in almost every House ; from some of which they
pilfered and stole Money, Rings, Wearing Apparel, Linens, Stockings,
&c. They drank great Quantities of Beer, Ale, Wine, and Drams, so
that many Cellars which were well-stored at their coming to Town, had
nothing but empty Casks at their leaving it. They also destroyed great
Quantities of Hay and Corn, for which some paid, and others would not
pay any Thing.
They were esteemed very civil Fellows who did not threaten at their
Quarters, but went quietly away without paying them ; and those that
did pay, it was so small a Matter, that it was scarce worth the accepting.
In short, they committed so many Outrages, that were they to be
particularized, would much exceed the Bounds of this Paper.
About six o'Clock on Thursday Evening they appointed Prayers to
be read at the Great Church, which was accordingly performed by Parson
Cappoch of Manchester, since taken amongst the Rebels at Carlisle.
The same Day they beat up about the Town for Volunteers, offering
Five Shillings Advance, and Five Guineas more when they came to London,
but met with very little Success ; only two or three Fellows entertained,
who served their new Master but a short Time, two of them being taken
the next Day, viz. : one Cook a Journeyman Blacksmith, who was seized
and committed to Nottingham Gaol ; The other is one James Sparks of
this Town, who was taken at 'Squire Meynell's, at Bradley near Ashborne,
brought on Saturday Night to Derby, and being examined before our
Justices, was committed the same Night to Gaol: When they were taking
him thither, the Populace shewed so just an Abhorrence of his Actions,
that it was thought they would have tied him up before they got him
into Custody. The third was one Edward Hewit, a Butcher, who 'tis
supposed is taken prisoner at Carlisle. These, and some other such like
Fellows, were thought to be our worst Enemies ; who by their Informa-
tions, enabled the Rebels to do us the more Mischief.
As the Rebels had secured the Pass over the Trent at Swarkstone-
Bridge, it was generally expected they would have continued their
Route to London ; but probably they received, on Thursday, such
AT DERBY, DECEMBER, 1/45.
Advice, of the Situation and Strength of the Duke of Cumberland's
Army, as determined them to retreat ; for that Evening their Chiefs and
Officers appeared to be in great Hurry and Confusion, and held a Council
of War at their pretended Prince's Quarters.
Early the next Morning (Friday) the Drums beat to Arms, for their
Horsemen to be ready to march, and soon after their Bag-Pipers played
about the Town for the Foot, to the great Joy of the Inhabitants, who
were now in hopes of being speedily quit of their unwelcome Guests.
About seven they began to march (to our surprize) back towards
Ashborne, the Way they came.
The pretended Prince, in a Highland Dress, mounted upon a black
Horse (said to be the brave Col. Gardiner's, who was killed at the Battle '
of Preston-Pans) left his Quarters about nine o'Clock, and riding across
the Market-place, attended by some of his Chiefs, went up the Rotten-
Row, then turn'd down Sadler-gate towards Ashborne, preceeded and
followed by the main Body of his Army.
They were all marched out of Town (except a few Stragglers) by
eleven o'Clock. Their Hussars, were a Parcel of fierce and desperate
Ruffians, and were the last Body that went out of Town. They rode out
to the neighbouring Villages, plundering many Gentlemen's Houses of
their Arms, Horses, &c. The honest Farmers in the Neighbourhood are
also great Sufferers, the Rebels having taken such a Number of Horses
from them, that some of the them have scarce one left.
In their Flight from hence they left a few bad Horses, several Swords,
Pistols, Targets, Powder, Bullets, and other odd Things behind them at
their Quarters ; a plain Proof of their Confusion.
Amongst the many Prisoners that were confined under a Guard at
their pretended Prince's Quarters in Derby, was one Mr. Birch, an
eminent Linendraper in Bucklersbury, London, whose miraculous and
providential Escape from the Rebels ought to be particularly mentioned.
Mr. Birch, from his Loyalty and Zeal for the present Government, having
joined the Duke of Cumberland's Army, then in Staffordshire, in order
to get the best Intelligence he could of the Designs of the Rebels, came
here the Day before they came to Town, and sent his Horse 3 or 4 Miles
off, staying himself till most of the rebel Army was come in, and then
set out to give his Royal Highness the Duke an Account of his
Proceedings.
292 CONDUCT OF THE REBELS
On Thursday Night he came again for a second Reconnoitre, but was
taken Prisoner on the Nun's-Green by some of the Artillery Guard, and
whilst they were examining him, he was discovered by one of the
Manchester Villains who had joined the Pretender, (Mr. Birch being
born at Manchester, and whose Father is at this Time a Gentleman of
considerable Fortune there) and well knowing his Zeal for the present
Government, informed the Rebel Officers of it, who thereupon committed
him Prisoner. The next Morning, before it was light, whilst the first
Part of their main Body were marching out of Town (taking a favourable
Opportunity) he leapt out of a Window about six yards from the Ground,
into Lord Exeter's Garden, and going down to the Bottom thereof, where
the River Derwent runs, with great Difficulty and at the Hazard of his
Life, made his Way into the neighbouring Gardens ; but in one Attempt
his Hold failing, he fell backwards into the River, and being a good
Swimmer, swam to some Steps leading to a Gentleman's Garden, which
he took the Advantage of, and went into ; but not thinking himself safe
long there, stripped himself quite naked (tho 1 a very cold Morning)
leaving his Cloaths, with a Gold Watch, and some Money behind him
(which the Rebels hearing of took away with them) he then went into
the Derwent again, which River he followed, sometimes in and sometimes
out of it, as far as Alvaston, (about 4 Miles by Water) when he came
there he took Refuge in a good House ; where the Family, after their
Surprize was over, took all imaginable Care of him ; but apprehending
he was pursued, went to another House, where being provided with
Cloaths, and a Friend lending him a Horse, he escaped to Nottingham
out of the Reach of all his Enemies ; and has since made a grateful
Return to those who kindly assisted him in his Distress.
Many other Prisoners whom they seized here, they forced to march
on Foot to Ashborne, without allowing them any Subsistance, or per-
mitting them to purchase any while amongst them ; when they came
there they were tried by a mock Court Martial, and being acquit, were
dismiss'd, and returned next Day.
Just after the Rebels were all gone, most of the Houses of the
Inhabitants look'd like Stables or Pigsties, and stunk much worse, from
the Loathsomeness of many of their Fellows, who were so nauseous,
that to Publish the Particulars would be indecent ; and were there
nothing else we disliked them for, this would be sufficient to turn the
Stomack of any Englishman against them.
AT DERBY, DECEMBER, 1745. 293
For a Day or two after their Departure, People were not entirely rid
of their Fears, of a second Visit from them ; the Town having been much
terrified a little Time after they left it, by the Return of some of their
Hussars (upon a Complaint received that the Bills they had given to
several Persons upon the Corporation for their Quarters, were refused
Payment) and riding up to a certain Gentleman's House in the Market-
place, threatened him and his Family with immediate Death, and to burn
the Town, if they did not comply with their Demands. The Gentleman
was happily out of the Way at that Time ; however, they received some
Promises from the Family, they rode off, after some terrible Threatenings.
In order to get as certain an Account of the Numbers of the Rebels,
whilst here, as it was possible, several Gentlemen have since been at the
Trouble to go from House to House, in their respective Parishes, to take
down the Numbers lodg'd at each ; and the whole were computed at
6620, including Women and Children. Their Artillery were 13 Pieces
of Cannon, 18 covered Carts, some Waggons, &c.
By an exact Account of the Money they collected for Excise, 'tis
certain it amounted to no more than Six Hundred, Sixty Five Pounds,
Twelve Shillings, and Eight-pence Three Farthings. And the Subscrip-
tion Money to between Five and Six Hundred Pounds.
Derby : Printed by J. Drewry, in the Market-place.
XXIV.
THE BATTLE OF FALKIRK.
As no Body can form a well-grounded Judgment, without hearing
the Evidence on both Sides, the partial and impartial World
are desired to read the two following Relations, and then give
Verdict, according to their Consciences.
A.
From the Caledonian Mercury.
Edinburgh, Jan. 20, 1746.
Saturday Morning came Advice to Town, That his Excellency L l .
General Hawley came up with the Rebels on Friday the i/th current.
And as the following Account of the Action betwixt his Majesty's
Forces and the Rebel Army, about a Mile to the Westward of Falkirk,
was transmitted to us this Morning, we are desired to publish it
Verbatim, viz.
Thursday last the Army, under General Haivley, having assembled
near Falkirk, encamped to the Westward of that Place, and about One
o'Clock on Friday there were repeated Informations of the Intelligence
that Morning received, that the Rebels were marching by the South Side
of the Torwood towards Dunipace. These Accounts being confirmed,
the Army was immediately drawn up in Order of Battle, and marched
Southward to meet them.
The Action began Half an Hour after Three. The Dragoons made
the Attack with the Appearance of great Resolution, but, upon receiving
the First Fire, retired towards the Right, and many of them fled ; this,
with a violent Storm of Wind and Rain, which blowed full in the Face
of the Troops, put the Foot of the Left Wing in great Disorder. This
I
THE BATTLE OF FALKIRK. 295
Confusion being immediately perceived by the Officers on the Right,
they, without Loss of Time, marched to stop the Progress of the Rebels,
which they effectually did ; and by their good Conduct, and the Alertness
of some Corpse, drove them by a continued Fire from the Field with the
utmost Precipitation. In the meantime the disordered Infantry was
rallied. The Rebels gave them nothing to do. The Right Wing was
entire Masters of the Field, where the whole of the Troops continued
till it was near dark, a full Hour after all Firing was ceased ; but finding
that the Rain had greatly spoiled their Arms and Ammunition, it was
judged proper to pursue their Advantage no farther ; and for want of
Provisions and Ammunition, the Army marched that Night to Linlithgow,
and continued its March next Day to Edinburgh.
The Loss of the Regular Troops, by the best Computation, does not
exceed 200; and by all Accounts the Rebels have at least lost double
that Number.
The Regiments that most distinguished themselves, were Barrel's
and Ligonier's Foot.
We hear that several of the Officers taken at the Battle of Gladsmuir,
and confined in the House of Glammis, &c., are come to this Town.
In the same News-Paper there is the Elector's Speech from the
Throne, containing the following Passage, vis. The precipitate Flight of
the Rebels from this Part of my Kingdom, before a small Number of my
Troops, must greatly dispirit their Followers. Now, it is notorious to all
England, That from the Time the Loyal Army under the Prince Regent
advanced within Reach of their unnatural Enemies, These fled with
Precipitation from Congleton- Stone, and Ne^vcastle Under-line, and
continued their precipitate Flight, breaking down the Bridges behind
them, till His Royal Highness thought fit to return from Derby into
Scotland.
He returned by slower Marches than he advanced, halted a whole
Day at Preston, and another at Lancaster. This indeed gave Time to
the Rebels Cavalry to recover their spirits, and face about : They
accordingly came up with our Rear at Penrith, but were so well received,
that they did not think proper to disturb us any more, tho' we halted
again at Carlisle.
When we came to Scotland, we found Followers, enough to double our
Numbers ; and how far they were dispirited, let those who durst look 'em
296 THE BATTLE OF FALKIRK.
in the Face near Falkirk, and had the good Luck to survive it, give an
Account, if they can venture to do it, after the severe Orders published
to the Contrary.
It is not unnatural to suppose, that these wonderful Narratives dropt
from the same fruitful Imagination, to which we are indebted for the
following Pieces, viz. : Fatlier Graham's genuine Letter from Perth !
The young Chevalier's Levee at Edinburgh ! George Kelly's Speech to
the French King! The Duke of Perth's Harangue in a Council of
War at Brampton ! cum multis a/us.
A Short Narrative of the Battle of Falkirk.
Falkirk, Jan. 17, 1746.
Early this Morning, his Royal Highness Charles, Prince Regent
(having left his Grace the Duke of Perth, with several Battalions, to
push on the Siege of the Castle of Stirling) drew up his Army in Line
of Battle, a Mile East from Bannockbum, which was the Head Quarters,
being inform'd, that the Enemy, who were cncamp'd at four Miles
Distance, a little below the Town of Falkirk, were advancing to give him
Battle : But finding about Mid-Day they did not move, he resolved, in a
Council of War, to march and attack them. And immediately Lord
George Murray marched at the Head of the Army in two Columns,
holding above the Torwood ; as the high Road, leading from Stirling to
Falkirk, was too narrow. The Army passed the Water of Carron at
Duniepace, the two Columns keeping always an equal Distance of about
two hundred yards ; they were then in Sight of the Enemy, being about
two Miles and a Half distant. At the same Time Lord/^w Drummond,
who commanded the Left Wing, had gone with most of the Horse, to
reconnoitre the Enemy, and made a Movement, as intending to march
the Highway thro' the Torwood.
The two Columns continued their March without the least Stop, and
went up the Hill of Falkirk to take the Advantage of the Wind and
rising Ground. The Enemy were perceived to be in Motion from the
Time we past the Water, and were marching up the Hill. Their Cavalry
THE BATTLE OF FALKIRK. 297
being in their Front and a good Way before them, had now taken
Possession of a rising Ground opposite to our Right, and within half
Cannon-shot ; upon which we immediately formed, being betwixt three
and four o'Clock in the Afternoon. As it was believed their Foot were
forming close behind them, Orders were given by his Royal Highness for
the first Line to march softly forwards (the second Line keeping the
usual Distance) to drive them from that Eminence ; which was done
accordingly, with the utmost Regularity and Exactness ; for when they
were within Pistol-shot, the Dragoons bore down towards us at the Trott,
in order to break us ; then our Men gave Part of their Fire so a propos,
that they entirely broke them, doing great Execution.
So soon as our Men who had fired their Muskets again (which they
did in their March) they advanced to attack the Infantry : But the
Ground was so unequal, being interspersed with Risings and Hollows,
that they could not perceive what was doing on their Left, only heard
the Firing upon that Side.
Our Left not being fully formed when the Attack began on the
Right, a considerable Body of the Enemy's Horse came up also, to
attack them ; but receiving Part of their Fire, they broke and run off.
Their Infantry coming in upon that Side with six Pieces of Cannon,
were attack'd by some Battalions, who receiving the Fire of the Enemy,
went in, Sword-in-Hand, and drove them down the Hill with great
Impetuosity and Slaughter : But not perceiving our Right (by reason of
the unevenness of the Ground) they made a Stop till such Time as the
two Wings should join to the Centre, and the second Line come up.
His Royal Highness, who was mostly in the Centre, (attended by the
French Ambassador) and whose Attention was turned to all Parts, seeing
that the Enemy had outlined us in the Left Wing, sent Brigadier
Stapleton and the Pickets of the Irish Brigade, with some other Troops,
to take up the Space upon the Left. Then the whole Army marched
down towards the Enemy, who were retreating on all Side's in great
Disorder : But by reason of the Unevenness of the Ground, and Night
coming on, with great Wind and Rain, they could not overtake them, as
they were positively ordered to keep their Ranks. Had the Enemy staid
a Quarter of an Hour longer on the Ground, they must have inevitably
been cut to Pieces ; however they went off with the utmost Precipitation,
and were just got to the East End of the Town of Falkirk, when Lord
o i
298 THE BATTLE OF FALKIRK.
John Drummond enter'd on that Side, Lord George Murray in the Middle,
and Locheil in the West End. Lord John Drummond was slightly
wounded in the Arm by a Musket Shot at the End of the Town, by one
of the Soldiers, whom he was taking Prisoner.
We took seven Pieces of Cannon, consisting of two large ones, and
five Field Pieces, all of Brass, several Mortars and Coehorns, with a great
Number of Shells, all their Ammunition, Waggons, Tents,* three
Standards, two Stand of Colours, many small Arms, their Baggage,
Clothing, and generall every Thing they had not burnt or destroy'd.
We made above seven hundred Prisoners, besides Officers : And we
reckon above six hundred were killed in the Field of Battle, besides
what we are told were drowned in fording the River Carron.
We had not above forty Men killed on our Side, among which were
two or three Captains, and some subaltern Officers. There was near
double that Number wounded, amongst whom was young Lochiel, on the
Ankle, but so slightly, that it did not hinder him from marching in
Pursuit of the Enemy, to the Town of Falkirk. His Brother was
likewise wounded.
His Royal Highness's first Care, early next Morning, was to send up
to the Field of Battle to cause to bury the Dead, as well those of the
Enemy, as our own People ; and some of their Officers, that could be
distinguish'd, (of which it is said are Sir Robert Monro and Col. Whitney)
were brought down to the Town, to be decently interred, in the same
manner as our own Officers were.
Had not the Night come on, and so stormy, his Royal Highness's
Army would have got betwixt them and Linlithgow, and would have
utterly destroy'd them. All the Officers, and private Men, behaved with
invincible Courage ; and the Order which they kept in their Marching
and Attack, surprized even the Officers who had been in the former and
present Wars abroad.
The Irish Officers were of vast Use, in going through the different
Posts of the Army, and assisting in the various Dispositions that were
made.
Printed at Bannockburn, 1746.
* Which we found almost all standing, few of them having been consumed by the Fire
which they had themselves set to their Camp.
XXV.
THE TROOPS AT ABERDEEN, 1745-6.
Cantonment of t/ie Dragoons about Aberdeen.
LA Cobhams.
Miles
from the Town.
Freazerfield .... 2
Scotstown . . . . 2\
Grantham . . . . 3^
Shothoesly .
Kingswells .
Countywells .
Minister of Newhills
and Bogfairly
Stonnywood .
Crabstown
2
3
4
4
4
3
3
Febry. 2;' h , 1745/6.
LA Mark Kerrs.
Miles
from the Town.
Seaton . ., i_.^ . . . i
Hilltown .... i
Robslaw .... i
Gilcomstown . . . \
Torry hill . " ' . ' . . \
Pitmuckstovvn . . .1
Bederstown . I
Keamhill .... 2
Hillhead .... 2
Upper and Nether Tory . 3
Balnagask . . . 3&
Bridge of Die . . .2
Cantonment of the Foot in and about Aberdeen.
No. i Royal.
No. 2 Fleming.
No. 3 Pulteney's part only.
Old Town of Aberdeen, The other part of Pulteney New Aberdeen,
from the North Port to Provest Robertson's in the Gallowgate both Sides
of the Street.
No. 4 Blackneys.
From Provost Jn. Robertsons, to Jno. Mairs both sides of the Street.
30O TROOPS AT ABERDEEN, 1745-6.
No. 5 Legoniers.
From Jn. Mairs to the end of the Broadgate North-side, and to
S r . Jn. Johnston's Wynd South side.
No. 6 Barrel.
From Provost Alex r . Robertsons, all the Over Kirkgate, School hill,
and both sides of Woolmanhill.
No. 7 Wolfes.
From the Begining of Foot Dee Quarter to Tho s . Freazers house,
including the Danceing School, and Town of Foot Dee.
No. 8 Battereaus.
From Jn. Ross house all the North side of the Castle Gate to the
end of the Quarter.
No. 9 Cholmondleys.
All the Shipraw from Trinitys, and Nether Kirkgate to the Port of
both sides.
No. 10 Howards.
From the Nether Kirkgate Port, to the flower Mill, and Malt Miln,
and Stables in the Green and Corection Wynd.
No. ii Monro.
From the Malt Miln to the Bowbridge, on the South side, All the
hardgate beyond the Bowbridge.
No. 12 Price.
North side of the Green, back Wynd, and Schools.
No. 13 Sempills.
Gordons Hospital, and Lochermacks Houses.
No. 14 N. B. Fuiziliers.
Alex r . Smiths New house, Merc ts . Hospital, Mr. Robertsons and Mr.
Hays houses. Mr. Laws Meeting house and Old Meeting house.
TROOPS AT ABERDEEN, 1745-6. 3OI
Artillery.
To Stand in the Green, Church Yard, Off rs . and Men Qua red . in the
four Tables (sic).
March izth.
The following Regim ts . Marched to Old Meldrum, Inverury, and
places Adj'. under the Command of Maj r . Gen 1 . Bland.
No. i Kingstons Horse.
Distance fr. Old Meldrum.
No. men & horse.
Mil
Oldmeldrum
50
.
Meldrums .
30
. I
Barrow
20
. 1
Thorntown .
30
. I
Fivie .
50
5
Lord Kintore
30
2
220
No. 2 Cobham's Dragoons.
Parish of Udny, and Lands of Blair 2\ Miles Dist ce . fr. Old Meld.
(No. 3 Royal.
Old Meldrum . . A ... * -*.
INo. 4 Cholmondly.
(No. 5 Price.
Inverury . ' (NO. 6 Barrel.
The following Regim ts . Marched under the Command of Maj r . Gen 1 .
Bland, from Old Meldrum and Adj'. places to Strathbogie the 17 th
March, 1745/6.
Cantonment of the Troops in and about Strathbogy.
Kingstons Horse Lessendrum and places Adj'.
Cobhams Dragoons Dumbennon and Adj'. places.
Royal .... Huntly Castle.
Cholmondley's . . .^
Barrel's . . . . j-Strathbogie.
Price's J
3O2 TROOPS AT ABERDEEN, 1745-6.
March 21 st , 1/45/6. The N.B. Fuiziliers and Monros Regim 15 . March'd
from Old Meldrum to Strathbogie.
Cantonment.
Fuiziliers .... Strathbogie.
Monros .... Cocklarichie.
March 23 d , 1745/6. The Earl of Albemarle came to Strathbogie, and,
took upon him the Command.
March 22 nd . Brigd r . Mordaunts Brigade March'd from Aberdeen, and
were Canton'd as follows.
Pulteneys . -} O ld Meldrum.
Battereaus . . . J
Blackneys .... Inverury.
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304 TROOPS AT ABERDEEN, 1745-6.
Lieut. Col: Watson To the Rig 1 - Hon bte - The Lieut. Gen 1 - and the
Hon tle - the principal Officers of His Majestys Ordnance.
Fort Aug s ., 2 is' Aug 1 ., 1747.
Rig 1 . Hon ble . and Hon ble . Gentlemen,
In Obedience to your Commands of the i6 th of June
Signified to me by Mr. Bush, I have been at Aberdeen and Survey'd
the Damages done Gordons Hospital, and after the Strictest Inquiry
whither it would be more Advisable to pay the Charge Demanded by
the Trustees, or for the Board to undertake the Repairs, I'm perswaded
it will be Cheaper to give the money Ask'd, and for them to lay it out in
the Manner they please.
The Charge greatly exceed's Mr. Campbells Computation, which he
must have made after leaving that place in good repair, and before it had
suffered by the Troops there Quartered.
The Measurement of the Mason work is 19 Rods, the wall n feet
4 Inches high, By 2 feet 5 Inches Built with lime, Most of the Stones are
Embazled and taken away by the Towns people.
The Garden was in Good order and the Inner part of the house in
proper repair, each Room having a Door and lock when the Troops
took possession of it.
Damages I assure your Hon rs . are fairly stated, Seven Steps are quite
Broke, and Rendered Usless, the Capitals and Bases of the Stone
pilastres, and impasts of the Stair Case everywhere Broke, and the Doors
and locks wanting as mentioned in the Acco".
I obliged those who had the Charge of the place, before the Troops
took possession of it, to make Afidavit of its State and Condition before
the Magistrates, In Consequence of which I have sent your hon rs . the
Inclos'd particular Estimates.
I have sent Inclos'd a Return of the Number of Bedsteads, Tables,
Forms and other particulars, belonging to the Government, which I found
in and about the Fort, all which I have Collected and lodged in two
Rooms, under lock and key, to the care of James Mercer Mason.
TROOPS AT ABERDEEN, 1745-6. 305
I consulted with Mr. Skinner whither it would be more Advisable to
send the Palesadoe's, Boards, Bedsteads, Tables and forms to Inverness,
where they might be of service and save Expence next season, or to
Expose them to publick Sale in Aberdeen, But he thought they would
not Answer the charge of putting on Board and freight, Yet in my own
Opinion as a Veshel could be freighted twixt Aberdeen and Inverness
for 15 or 20 I should think it better for the Board to use them, then
Expose them to publick Sale, which I beg leave to Submitt to your
hon rs . Determination.
I am, &c.,
D. W.
ABSTRACT of the Acc ts . of Damages done Gordons Hospital and
Gardens thereof by turning the same into a Fort, and of the Adjacent
Gardens and Field, Conform to particular Acc ots .
Ace 13 . Sworn to by the Visitors and Artificers named for Inspecting
thereof in presence of the Majestrates of Aberdeen
To Masons Accompt 134 18 2
To Wrights Acc ot 22 13 11
To Gardners Acc ot 71 7 n
To plank's lodged by the Military when lodged there,!
by Wm. Green's Deposition ./
To lead taken from the Windows and Roofs of the
said Hospital, and several other thing destroyed,
about the same of which a particular Estimate 40 o o
could not be made, all which besides two years
Rent of the Hospital and Gardens amounts to .
o o
The Above acco 1 . was Attested by Robert Thomson,
Town Clerk of Aberdeen.
N.B. In the first Article is included Baillie Strachen, &c., their
Damages being 8 45. nd. Str. and Lochirmicks Damages being
S 133. 4d. Str.
p i
306 TROOPS AT ABERDEEN, 1 745-6.
Letter from Lieut. Colonel Watson to Lieut. Forbes Or Off r - Commanding
Capt. McPhersorfs Addl. Compy- at Ruthven.
Edin r . 1 8 th June, 1747.
Sir,
General Churchill having acquainted me that General Blakeney
intended to order the Company under your Command to Tarland, in
Aberdeenshire, Inclosed I have sent you a Route for that Purpose, which
you are by express to acquaint General Blakeney of, and observe the
orders you receive from him without regard to this Route.
Should you receive General Blakeney's Commands to march to
Tarland without particularly mentioning what Posts you are to Occupie,
In that case you are to detach from Tarland as follows. To Glenclova a
Corp 1 , and 6 Men, To Dubrach, a Serj 1 . Corp 1 , and twelve men. To
Corgarff a Serjeant or Corp 1 , and 8 Men.
You are to Act in Concert with the Justices of the Peace of the
Heads of the Countys of Banff, Aberdeen, Kincarden and Angus for
protecting as much as Possible His Majesties Peaceable Subjects and
their Effects in the above Countys against the Depredations of the Rebell
and Highland Thieves.
D. W.
Letter from Lieut. Col. Watson to Lieut. Forbes of L*- Jo : Murray's
Regiment at Tarland.
Edin r ., 24"! October, 1747.
Sir,
I have the pleasure of your letter, and am sory for the plague
and trouble those Wretches give you, however it gives me Infinite
Satisfaction to hear from all hand your fatigue does honest people so
much real Service, and that they are so Justly sensible of it. I had the
other'day a letter from S r . Rob 1 . Menzies, where he owns the Highlands
has not been known so free from thieving, which situation will I hope be
daily mended for the better, and then honest people in spite of all the
Cunning and Art that's used, that Nature always intended the people of
that Country to be free, Industrious, and usefull to Society as well as any
other part of the Island.
I shew'd Sir Robert's letter to General Blakeney, who read it with
great Satisfaction.
TROOPS AT ABERDEEN, 1745-6. 307
Your former letter w h . you wrote me I forwarded to the General, he
sent it to Mr. Pelham, and it gives me infinite pleasure to think, you have
the friendship and Countenace of Such a Man as General Blakeney, who
assures me he will himself represent your Services both to His Majestic
and the Duke, and at the same time recommend you as deserving Some
Mark of their favour, A Recommendation which I'm hopefull will answer
the Intentions.
I think you are right to plague the people who are suspected to
harbour or assist the Thieves, as it will have the Good Effect, that they
at least see such practices will be, and are, more strictly inquired into as
formerly. I sent a Copy of your letter to Mr. Duff of Coulter, who I'm
persuaded will stand by and support you with the rest of the honest
Gentlemen of that County. Before I had an Opportunity of the Post
for the above, I had the pleasure of yours of 2 I st which I assure you
w tom an y flattery afforded me that Satisfaction I shall always receive
from your Correspondence, and also singular pleasure to think, there's a
prospect your honest Labour won't be unrewarded. I assure you Gen 1 .
Blakeney who is as much your friend as you could wish, read your letter
with joy and in the Usual Way has transmitted it, I hope soon to have
an Opportunity of talking with you fully on the Subject, And if
encouraged and followed out can't fail answering the end proposed.
Neither of us, God knows, dear Forbes, are interested but from a
Principal to serve our Masters Interest and the Country in General, and
I could wish the same motive was as strong in others, where weight and
Power makes them greatly more capable, however I shall ever think
there's no Consideration should deter or discourage Men from being
honest, tho' they mayn't always be in the Mode or fashion. The General
desires his Compliments to you, and returns you Sincere thanks for your
Active Service, which he has ordered me to acquaint you shall not be
forgott, being most punctually represented.
If you imprison those Rascals who are most deserving I wou'd have
you apply the Gentlemen of the Country for their assistance, upon all
Occasions, Write to Peter Duff who I take to be an honest Man, and
will advise and assist you as he is a person of weight and Interest in that
Country. I wrote him by the Post, to beg and entreat he'll spirit up the
Gentlemen to join in supporting those partys.
I am, &c.,
D. W.
308 TROOPS AT ABERDEEN, 1745-6.
From D- Col. Watson to Li 1 - Forbes, &c., &c.
Edinburgh, it Decem r ., 1747.
D r . Sir,
I have the pleasure of your letter of the 24* Nov. with
the Agreeable News of your further Success in Apprehending M c
who I hope will in due time prove a good Example, I am glad the poor
men are Called in from the uncomfortable posts, and I hope proper
Acknowledgements will be made them for their Distinguish'd Alertness.
I won't presume to Agent your case with speeches, But sure I am there is
Neither Vanity or presumption to say that 300 men as allert and well
look'd after as the Company you belong to has been since June last,
would soon make Thieving a Troublesome Trade in the Highlands, Your
friend Stewart is Just returned from a highland Expedition, he tells me
the Glengarry and Lochaber men are playing the Divil in the Highlands,
for finding they are Cutt off from their Usuall resources from the Low
Country, they publickly Declare they will borrow from them, who never
lost one Single Cow Since the Rebellion, Lord grant, John, they would
Devoure one another likewise.
Some people of Your part of the Country, has sent Intelligence to the
Ministry above, of Severall Attainted Rebels, Emissary's from France,
or people excluded from His Majesty's late Gratious Indemnity have
appeared and daily continue to appear publickly, in the Shires of
Aberdeen, Banff and Angus, where they hold Traiterous Caballs, and
all manner of Artifices to keep up a Spirit of Rebellion and Sedition.
If such Intelligence is true, I'm perswaded Your own prudence will easily
Discover the Truth of it, and who the persons are, If you have rec d . the
Gen u . orders, You'll see that all Officers are immediately of themselves
to Apprehend Such people, and carry them before the Nearest Justice of
the peace, or Civil Magistrate, that they may be Confin'd in a Secure
Gaol, till prosecute by Law, the persons are said to be, L d . Geo : Murray,
Pitsligo, Ogilvie, Roy Stewart, as the Three last mention'd wont Skulk
but in your Neighbourhood, I must Beg youll think on the most proper
method to learn the truth of such a Report, and to get them Apprehended
if possible, at the same time Inform Yourself from time to time by proper
mean's whats doing in the Country, Amongst that Sett of people, all
which youll be so good as transmitt regularly to the Gen 1 ., at the same
TROOPS AT ABERDEEN, 1745-6. 309
time he desires you wou'd Acquaint him of any Non-juring Meeting
Houses, where Divine Worship is kept since the last Act of Parliament,
where, Names of the Preachers, and by whom thought to be protected,
as this piece of service must be Attended with Expence as well as labour,
and pains, the Gen 1 , desires you may Employ those you may think proper
to Confide in, and that whatever Charges or Expence you are at shall be
punctually repaid. ,
I must D r . Sir recommend this particular to your Dilligence, which I
am satisfyed will be of Singular Service to your own Interest. Those
County's are but narrow for such folks to harbour in, and one So well
Acquainted Must soon find out the truth of such Reports.
I hope you will take care to put your Company into Good Quarters,
for God's sake let not the poor men want
I am, &c.,
D. W.
XXVI.
LETTERS FROM ALEXANDER STUART OF DUNEARN,
Captain in Lord Mark Kerr's Reg 1 , of Dragoons (afterwards for many
year's Governer of Ludlow Castle), to his brother, James Stuart of
Drumsheuch, afterwards Provost of Edinburgh.*
A.
Aberdeen, March 6 th , 1746.
Dear Jamie,
I received your last of the 4 th , but have no news to send.
We be still here, I suppose till all the troops come up, and Magazines are
formed. I hear nothing of four French ships being taken but a great
many arms were last night brought to town from a French ship stranded
in the neighbourhood.
I returned on Wednesday from an expedition into the Highlands of
Aberdeenshire, fifty miles from hence, to destroy a Magazine of the
Rebels at Corgarff, which lies near the head of the Don. Three
hundred foot commanded by Major Morris, and one hundred Dragoons
commanded by me the whole under the command of Lord Ancrum,
were ordered for that duty. We marched from this on friday, 28 th
February, in a snowy day to Monimuss, Sir Archibald Grant's house.
Next day over mountains and Moors almost impassable at any time of
the year, but much more so when covered with snow, to a place called
Tarland. As soon as they saw us directing our March thither, they
suspected our design on the Magazine there, and some Rebels who lived
there sent away an Express immediately to acquaint the Garrison, and to
Glenbucket, who was with some men at Glenlivet above Strathdon, about
Ten miles above the Castle.
* This Provost Stuart must not be confounded with Provost Archibald Stuart, who was
tried for his conduct in connection with the occupation of Edinburgh by the Chevalier.
LETTERS FROM ALEXANDER STUART. 31!
On Saturday morning we marched from Tarland, a most terrible
march, to the Castle, which stands on the side of the Don, where I
daresay never Dragoons were before, nor ever will be again, nor foot
neither, unless Highlanders ! Though we marched early in the morning
it was past four before we arrived there. We found it abandoned by the
Garrison, but so lately, that the fire was burning, and no living creature
in the house but a poor cat sitting by the fire. They had thrown the
barrels of powder down the bank into the river in order I suppose to
destroy it, but had not time and had conveyed the arms up and down
the hills near it in different directions, and hid the bayonets under a
dung-hill. However we found all out, and brought away 367 firelocks,
370 bayonets. There were some more arms destroyed, which we could
not carry. Ten thousand musket balls we threw into the river and
amongst the heather, &c., &c., and it being impossible to convey away
the powder for want of country horses, all gone to the hills with the
country folks who had run away, being told by the rebels that we were
to burn and destroy the whole country. We staved 32 double barrels of
exceeding fine Spanish powder equal to 69 of our barrells, and threw it
all into the river and afterwards, for want of horses were obliged to
burn and destroy so many of the firelocks, that we brought but 131 to
Aberdeen. We returned on Wednesday from such a country that a
hundred men might beat a thousand from the hills above them and had
it snowed another night when we were there, it had been impossible to
have returned. We were obliged to be two nights in the open fields
and sit on horseback all night. However we happily executed what we
were sent upon and, thank God, returned safe, with only the loss of one
horse. I do assure you the Clergy, who have everywhere in Scotland
much distinguished themselves for our religion and happy constitution,
behaved very kindly to us, were our guides and intelligencers every where
and three of them went quite up to the Castle of Corgarff with us,
from whence, I forgot to tell you, we were obliged that night to return
eight miles for quarters and 'twas two o'clock in the morning before we
arrived. Guess what a journey in such a country, in a dark night,
snowing the whole time ! Duke of Kingston's Horse are just arrived.
I hear now the Rebels are in great want of provisions. This Magazine
312 LETTERS FROM ALEXANDER STUART.
is a great loss to the Rebels it supplying them with ammunition in their
marches thro' the Highlands, where carriages cannot go.
I am, dear Jamie,
Most affectionately yours,
ALEXANDER STUART.
Postscript. Why in the name of wonder dont you send me the Acct
of what all the tongues &c. cost? It is absolutely necessary for many
reasons to have it out of hand so pray send it first post with the Hams.
I am extremely obliged to Mr. Killison for his recommendation to Mr.
Mouat and Mr. Middelton. I am to dine with Mr. Middleton to-morrow.
I have dined with Mr. Mouat, and drank tea three times and was pressed
and offered to take a bed there but as the Regiment was out of town I
chose to stay in my old quarters with them. Mrs. Mouat, who is a very
agreable woman, made me take a quarter of a pound of tokea tea to the
Highlands with me no conveniences of that sort being to be had in
that Country. The Duke gave a ball here on Monday last and a cold
supper and danced with a Miss Middleton. He is much liked here, as
indeed he deserves to be.
B.
Culloden, April 17*, field of battle
of yesterday.
Dear Jamie,
I have only time to tell you we have got a compleat
Victory for the particular details of the Action I refer you to Miss
Willie. The battle was yesterday about one o'clock. 2000 of the Rebels
killed a great many prisoners taken since for hardly any were taken
in the action. Above 5000 stand of Arms, 7 pieces of Cannon, 8 Colours,
and all their ammunition and waggons. I received no hurt, though pretty
nigh being demolisht. I wish you joy of such a glorious action which
has put an end to the Rebellion !
Miss Willie has all the particulars I c d yet learn. I am, with my love
to all of you, Yours affectionately,
ALEXANDER STUART.
LETTERS FROM ALEXANDER STUART. 313
Culloden, April 24*, 1746.
Dear Jamie,
I rec d . yours of the 1 8th, with the Newspapers, I imagine
there has been great joy among you long before now
I have nothing to add to my letter to Miss Willie, but that I brought in
with a party of Dragoons from near Corryburgh ten miles from Inverness
up Wade's road, My Lord Balmerino, Major Glasgo, and 27 French
officers and soldiers, all which French are already embarked and sailed
for France. L d . Balmerino says there are not 20 Highlanders any where
together. He surrendered himself, he, Perth, Tullibardine, and Lord
Ogilvy lay at Corryburgh the night after the battle and they went
away next morning in a chaise, and asked Him to go with them, but he
told them that he had been too long already, that it was only putting off
the evil day for 2 or 3 weeks, and starving all that time and that he was
determined to surrender, and throw himself upon the King's mercy.
I drank tea yesterday with Lady Mclntosh. She is really a very pretty
Woman Pity she is a Rebel. Her sister is a good agreable Girl. Miss
Betty Barber was with her when taken. She introduced me to her.
Miss Barber says she knows you. I am, with my love to my sister, your
Family, and all friends, especially dear Lady Dirleton, Jenny and Willie.
I hear that 9 Regiments are arrived from England. Direct at as usual to
Aberdeen for we march south in a day or two.
Your affectionately,
ALEXR. STUART.
Of the Rebels killed in the Battle, and Pursuit of the Dragoons at
least 2500.
Prisoners French and Highlanders, including 55 French officers, 1457.
Officers of note of the Rebels killed. Officers of note of the Rebels taken.
Lord Strathallan. , Lord Kilmarnock.
Col 1 . Chisholm. L d . Cromarty.
Col. Fraser. L d . McLeod and his son.
Col. McGillivray. L d . Lewis Drummond.
Qi
3H
LETTERS FROM ALEXANDER STUART.
Officers of note of the Rebels taken.
L d . Balmerino.
Col. Farquharson.
Brigadier (Hay, Ju r .).
Major Stuart of Perth Reg 1 .
Major Stuart of Roy Stuart's Reg'.
Major Glasgo.
Ladies taken. Lady Macintosh,
Lady Ogilvy, Lady Kinloch,
Lady Gordon.
Officers of note of the Rebels killed.
Col. McNaughton.
Col. Stuart of Ardsheil.
Col. McDonald of Keppoch.
Col. Stuart of Killichassy.
Col. Mercer of Adie.
Col. McKenzie of (indistinct).
Col. Menzies.
Major McBane.
Wounded.
Cameron of Locheil shot through
both legs.
Taken.
19 Brass Cannon.
6 Brass Swivels.
8 Colours.
5000 stand of Arms.
All their ammunition and waggons but most of their plunder and
baggage was sent away the day before the battle.
Officers of ours killed, 2, Lord Robert Kerr and Capt. Grosset.
Wounded 17, of which 2 since dead.
Privates of ours killed, 43.
Wounded, 266.
XXVII.
EXTRACTS FROM THE RECORDS OF THE SYNOD
OF MORAY, 1745-6.
AT ELGIN, isth October, 1745, after sermon by Mr. Patrick Grant,
minister at Duthal, moderator of last Synod, upon Hebrews 13: I, Let
brotherly love continue, the Provincial Synod of Murray met in the
Synod house, and being constituted by prayer, rolls were called and
absents marked, viz., Messrs. ......
[Present 14 ministers and o elders : from Pby. of Aberlour 3 (out
of 7), Inverness o (n), Forres 3 (8), Elgin 5 (12), Strathbogy 2 (12),
Abernethy I (6).
At the second " Session " there were present 24 ministers and i elder :
from Aberlour 5 (7), Inverness i (n), Forres 4 (8), Elgin 7 (12), Strath-
bogy 6 (12), Abernethy i (6) ; with i elder from Bellie.]
[Mr. Alex r . Chalmers, at Glass, was chosen moderator, and the usual
Committees were appointed, and the Synod adjourned to meet at 5 o'clock.]
" And the Synod, considering the present state of the Kingdom as
groaning under the heavy judgment and calamity of an unnatural
rebellion, agree to spend the afternoon's sederunt in prayer."
AT ELGIN, isth October, 1745, hora $ a post meridiem. Sess. 2 a .
After prayer rolls were called and absents marked.
[Other 10 min rs . and I elder were now present.]
The minutes of last sederunt were read.
This diet having been appointed for prayer, several ministers being
called prayed in turns.
There was brought in from the Committee of Overtures an overture,
with an opinion it should be presently considered, viz. : That this Synod
316 EXTRACTS FROM RECORDS
should address His Majesty King George, declaring their firm and
unshaken loyalty to his Majesty's person and government and their
abhorrence of the present unnatural and unprovoked rebellion in this
part of his kingdoms, and that a special committee should be appointed
for drawing up that address and to bring it in to next sederunt The
Synod unanimously approve the overture and appoint Messrs. Shaw,
Sime, Dunbar, with the moderator, a committee for that effect to meet
to-morrow morning at eight o'clock at Mr. Shaw's house.
AT ELGIN, i6th October, 1745, hora 10* ante meridiem. Sess. 3 a .
After prayer rolls were called and absents marked.
Minutes of last sederunt were read.
There was brought in from the Committee of Overtures an overture,
which being read and considered was unanimously approven and agreed
to, viz. : That the Synod should recommend, likeas the Synod do hereby
recommend, to the several presbyteries to appoint a Fast on account of
the present state of the times to be kept in their respective bounds as
they shall see fit for edification and that it can be attained, and that this
be done as soon as may be.
There was brought in from the Committee of Overtures another
overture, which was read, considered and unanimously approven, viz. :
That they should recommend, likeas they do hereby recommend, to
presbyteries to meet frequently for prayer and conference, and that
neighbouring presbyteries correspond together.
There was brought in, read, considered and unanimously approven
another overture, viz: That the Synod should recommend, likeas the
Synod do hereby recommend, to all the ministers and probationers
within their bounds that they continue to pray nominatim for his Majesty
King George and his Royal Family agreeable to Acts of Parliament and
Assembly.
The scroll of an Address to his Majesty was brought in, several times
read over, considered and unanimously approven, and is as follows, viz.:
Most gracious Sovereign, we the ministers and elders of the Provincial
Synod of Murray, animated with unfeigned loyalty, humbly beg leave to
declare in the strongest manner the just indignation and abhorrence we
OF THE SYNOD OF MORAY, 1745. 317
have of the unnatural rebellion at this time carried on against your
Majesty's government in favour of an abjured and Popish Pretender.
This wicked and daring attempt must appear to all the true lovers of the
Protestant religion and of the liberties of Britain the most base and
ungrateful a rebellion big with every evil that can undo a free Protestant
people, aggravated with every circumstance that can excite in the breast
of true Protestants and Britons the utmost detestation a rebellion which
should it prove successful (which God avert) must have a manifest tendency
to destroy the Protestant interest and sacrifice the religion, freedom, and
happiness of Britain to the enslaving and pernicious views of our natural
and implacable enemies. With pleasure we reflect that very few of the
people who hold communion with us have joined with those enemies of
your Majesty's crown and government and we beg leave to assure your
Majesty that no fear either of open violence or of secret wicked attempts
shall (through the blessing of God) be able to divert us from an unshaken
loyalty to your Majesty and a firm attachment to our happy constitution
in Church and State ; and that we shall constantly endeavour, as well by
our own example as by our labours with our people, to recommend and
enforce upon all occasions, and especially at this time, the most zealous
loyalty and regard to your Majesty's person, family and government.
We earnestly pray and hope that the same good providence, which has
often broken the measures and baffled the attempts of the enemies of
your Majesty's family and government and of the Protestant succession
in your illustrious house, will likewise at this time direct your councils
and crown your arms with success against them. That a gracious God
may long preserve your Majesty for the protection of this Church and
the comfort of all other Protestant Churches, and that he may transmit
in your august and royal house to our latest posterity the many great and
valuable blessings of your Majesty's happy reign, is the hearty wish and
sincere prayer of May it please your Majesty
Your Majesty's most faithful, most loyal, most dutiful subjects, the
ministers and elders of the Provincial Synod.
Signed in our name, in our presence, and by our appointment by
(So signed) ALEX"". CHALMERS, moderator.
The Synod agree to send their Address under cover of a letter to the
most Honourable the Marquis of Tweddale, one of the Secretaries of
318 EXTRACTS FROM RECORDS
State, intreating his Lordship would do the Synod the honour to present
their Address to his Majesty, and they do appoint Messrs. George Gordon,
George Grant at Boharm, Patrick Grant at Calder, Patrick Gordon,
Alexander Irvine and Alexander Rose a committee to draw up said
letter to meet for that purpose at Mr. Irvine's house betwixt and next
sederunt ; and in regard the present circumstances and state of the
Kingdom renders it very difficult to send up our Address to London
without being intercepted, appoint two copies of the address and letter
to be writ out in fair hand, one to be given to the Right Honourable
the Lord President of the Session presently at his house of Culloden,
another to the Honourable Master Grant of Grant, member of Parliament,
presently at his house of Castle Grant ; and appoint Messrs. /Eneas Shaw
at Petty, Alexander Rose at Nairn, and Patrick Grant at Calder, to wait
of the President and to make him the Synod's compliments and to intreat
he would do them the honour to send up the copy of the address to the
King and letter to Marquis of Tweddale which is to be delivered to him ;
and Messrs. George Grant at Boharm, Patrick Grant at Duthal, and
Alexander Stuart at Grange to wait of Laird of Grant to make him the
Synod's compliments and to intreat he would do them the honour to send
up the copy of the address delivered to him.
AT FORRES, I $th April, 1746.
After sermon by Mr. Alexander Chalmers, minister at Glass,
moderator of last Synod, from Gal. 5: i, Stand fast therefore in the
liberty wherewith Christ hath made us free and be not entangled again
with the yoke of bondage, the Provincial Synod of Murray met in the
church of Forres, and being constituted by prayer, rolls were called and
absents marked, viz. : Messrs
[Present from Inverness o (out of 10, Croy being vacant), Forres 2 (8),
Elgin 4 (12), Strathbogy 3 (12), Abernethy o (6), Aberlour I (7), i elder
from Forres 10 ministers, i elder.
On second day present other minister from Elgin and i elder from
Aberlour 1 1 ministers, 2 elders.]
No correspondents from neighbouring Synods come up.
[Mr. John Crockat, minister at Dallas, was chosen Moderator, and
Committees for Overtures and for Bills were appointed.]
OF THE SYNOD OF MORAY, 1746. 319
Presbytery books were called for but none brought up. . . .
The Synod, considering that His Royal Highness the Duke of
Cumberland at the head of His Majesty's army in pursuit of the rebels
is with the army presently encamped at Nairn, do reckon it their duty to
go in a body this afternoon to wait of His Royal Highness, and they
appointed to go immediately after dinner.
Then the Synod proceeded to read the Minutes of last Synod, and,
having read to the close of first sederunt, appointed Committees to meet
to-morrow at nine o'clock forenoon, Overtures at Mr. Squyre's house, the
Bills in the church, the Synod at ten, which being publickly intimated
they closed with prayer.
AT FORRES, i6th April, 1746, hora 10* ante meridiem. Sess. 2 a .
After prayer rolls were called and absents marked.
Being come up was added to Overtures Mr. Robert Dalrymple, ruling
elder ; to Bills Mr. William Collie.
The Minutes of last sederunt were read.
There was given in and read with all respect a letter from the most
Honourable the Marquis of Tweddale, late Secretary for Scotland,
representing that he presented to his Majesty the Synod's Address, and
that it was very graciously received as a most seasonable testimony of
the Synod's affection to His Majesty's person, family and government
The Committee of Overtures propose that considering His Majesty's
army under the command of His Royal Highness the Duke of
Cumberland and the rebel army are now so near each other that it is
probable this day will bring to action, that therefore the Synod should
imploy this diet in prayer together. The overture was unanimously
agreed to, and accordingly many members being called prayed in turns.
The Synod appoints the Committees to meet in the usual places at
four o'clock this afternoon, the Synod at five (being now past three),
which being publickly intimated they closed with prayer.
AT FORRES, i6th April, 1746, hora 5 a post meridiem. Sess. 3 a .
After prayer rolls were called and absents marked.
The Minutes of last sederunt were read.
The Synod proceeded in reading the Minutes of last Synod.
32O EXTRACTS FROM RECORDS
[A student allowed to be taken on trials for license.]
The Synod continue the overture anent more punctual attendance on
ordinances.
No report anent the attendance of correspondents from this to
neighbouring Synods, but from the confusion and danger of the times
it is probable they could not attend.
[New correspondents to the Synods of Aberdeen and Ross were
appointed.]
The Synod proceeded to Privy Censures.
The presbytery of Inverness wholely absent
There is not a quorum present of the presbytery of Forres.
The presbytery of Elgin being brought to the bar the usual questions
were asked them, &c. [in usual form].
The presbytery of Abernethie wholely absent.
There is not a quorum present of the presbytery of Aberlour.
The presbytery of Strathbogie being brought to the bar, the usual
questions were asked them, &c.
The Synod adjourn to eight o'clock to-morrow morning, which being
publickly intimated they closed with prayer.
AT FORRES, i/th April, 1746, hora 8 a ante meridiem. Sess. 4 a .
After prayer rolls were called and absents marked.
The Minutes of last sederunt were read.
It was moved to recommend, likeas the Synod, concurring with the
motion, did and hereby do recommend to all the ministers within their
bounds to be very careful and cautious in attesting any of those who
have been either actually and openly in rebellion or who may be taken
up upon suspicion ; that no minister shall adventure to grant attestations
to any but to those of their own parishes respectively, and that ministers
before granting such attestations shall, if attainable, advise with some
neighbouring ministers and even with their own presbyteries where the
case can admit of delay ; that ministers keep exact copies of such
attestations as they grant, to be produced when called for ; and the
Synod do appoint this Minute to be transmitted quam primum to all the
presbyteries within their bounds.
The Synod appoint their next meeting, &c.
OF THE SYNOD OF MORAY, 1746. 321
Ax ELGIN, 22nd October, 1746, hora 10* ante meridiem. Sess. 3*.
" Presbyteries absent from last Synod excused on account of the
disorders of the times, and that the rebel army was in the bounds and
the King's under command of His Royal Highness the Duke of
Cumberland in pursuit, who came up with them during the sitting of
Synod, fought them, and totally routed and dispersed them at Culloden
on 1 6th April, 1746."
AT ELGIN, 22nd October, 1746, hora 5 a post meridiem. Sess. 4*.
" The Synod recommend to the several presbyteries, according to Act
of Assembly, to inquire into the conduct of ministers, elders, preachers,
and schoolmasters within their respective bounds during the late rebellion,
and whether all teachers of youth are every way qualified in terms of
law, and to report both at next meeting of Synod."
AT FORRES, 2ist April, 1747. Sess. 2 a .
" The several presbyteries present reported that they had inquired into
the behaviour of ministers," &c. ; " only Inverness reported they had
omitted to make inquiry into the conduct of private teachers ; appoint-
ment renewed for that part of the inquiry."
[At Forres, ipth April, 1748. Inverness report that all their private
teachers are qualified in terms of law.]
R i
XXVIII.
THE KILMARNOCK PAPERS.
The Inclosed Letters from my Father (when in the Tower) To the
Duke of Hamilton, as likewise the Papers, were in the Custody of John
Wood, Esq r ., Governor of the Isle of Man, and Delivered by him to me.
Att Edinburgh the 31 May, 1775.
ERROLL.
Lord Kilmarnock's account of his capture at Culloden.
I'm told the Duke is informed, by some of his Retinue, that I could
not escape at the Battle of Coloden, because a Hussar got before me and
the Dragoons were about me.
It is very certain that when I came to where the Dragoons were or
near it I could not escape, but I came there of my own accord, for
when the second Line, where I was, broke, I was next to Lord John
Drummond's Regiment, and went with them and the other Low Country
Foot along by the Wall to the South of the Field of Battle, which
covered us from the Cannon shot of the Duke's Army. There were a
great many of us together, and I have never heard that any of them
were taken, neither of Lord John Drummond's or the Low Country Foot.
When I had gone a good way with them (I think past the wall, but I
am not positive as to that) I saw the Dragoons a good way off, I believe
a quarter of a mile, to my Right Hand, and immediately turned down to
them, alone. Just as I turned off I looked back and saw Lord Perth
coming up behind the way ; the Rest, whom I left, were going on.
When the second line was beginning to break, I heard there was a Body
KILZLA*
XXVIII.
THE KILMARNOCK PAPERS.
*ed LttM from my Father (when in the Tower) To .he
n, likewise the Papers, were in the Custody of Joh \
Govertrr of the Isle of Man, and Delivered by him to me
inburgh the 5. May, 1775.
ERROLL.
Lord KilmarnocKs account of his capture at CnU&dtn.
I'm told the Duke is informed, by some of his Retinue, that I could
scape at the Battle of Coloden, because a Htmar got before me and
>ragoons were about me.
It is very certdb that when I came to where the Dragoons were or
near ft I could IM* ocape, but I came there of my own accord, for
ton At pacond IJnt, where I was, broke, 1 was next to Lord John
Drummond's Regiment, and went with them and the other Low Country
Foot along by \ ' M to the South of the Field of Battle, which
covered =on shot of the Duke's Army. There were a
great mar. y of as together, and I have never heard that any of them
were taken, neither of Lord John Drummond's or the Low Country :
When I had gone a good way with them (I think past the wall,
am not positive as to that) I saw the Dragoons a good way off
a quarter of a mil*, to my Right Hand, and immediately turned
them, alone. Just a I turned off I looked back and saw Is
coming up behind the way ; the Rest, whom I left, were f,
When the second line was beginning to break, I heard there was a
THE KILMAKNOCK PAPERS. 323
of Dragoons coming round from the Duke's Left, and I was told
afterwards at Inverness that General Huske, with some Regiments of
Dragoons, came round that way, but I never saw them, and if they had
been as far forward as I was when I turned down to the Dragoons, they
must have taken some of John Drummond's and the others whom I left ;
and Lord Perth, who, as I have said, was behind me, could not have
escaped them, especially as he staid to change his clothes, those he had
on at the Battle being found somewhere thereabouts, and a day or two
after his Jacquet and Wastcoat was brought to me to see if I knew
them.
As the Hussars, I don't remember to have seen one, and I'm sure I
was neither spoke to, stop'd, nor disturb'd, from the time I left the Body
I broke with, till I came up to Lord Mark Kerr's Dragoons, of which
some rid at me, and I was saved by Lord Ancrum. I remember, when I
had got half way or more to the Dragoons, a Highlander cross'd me, and
I advised him to go down with me. He turned with me and followed
me a little way, and then left me without speaking to me or my
observing his leaving me. I look on it that he had endeavoured to get
up with those I had left, but, being by that time a good way behind
them, he was not able to overtake them ; because, when I was standing
by the Firr-Wood, where the Duke made a Halt, about an hour after, I
saw the Same Man brought down Prisoner. Whither that might cause
a Mistake, and the Hussar might take him for me, as I suppose he was
taken somewhere not far from me, or if any Body who saw him taken,
and hearing afterwards of me, might mistake him for me, and believe he
saw a Hussar take me or keep me from escaping, I don't know ; but I'm
sure I neither saw nor met with a Hussar.
With Respect to the Order for giving no Quarters at the Battle, and
putting the Prisoners, in hands before it, to Death, The Petition sets
forth that this Report has been probably spread by a Mistake of Names,
and Mistakes of that kind be endless to enumerate. I shall give but two
Instances. When I was told of that Order at Inverness, I was assured
by a Captain that was on my Guard that the Order was signed
Cromarty. I knew and told him it was impossible, but could not
convince him. The other happened in the house of Lords, the 28th, in
the Pleadings against L d . Balmerino, where an Evidence was called as
having been in L d . Kilmarnock's Horse, who declared himself Lord
324 THE KILMARNOCK PAPERS.
Elcho's Drum, as I was told by some who came out of the House to
where I was, who likewise told me that my Name was often mentioned
as commanding Partys and in Places where I knew my Name was
mistaken.
The Chanceler.
B.
To His Grace Tlte Duke of Hamilton.
My Lord Duke,
M r . Ross showed me this morning a Letter from Lord
Boyd, in which he tells him that he applyed to Lord Albemarle for Leave
to come up to see me before I suffered, but that it was refused him. I
approve much of your Grace's kind proposition of mentioning this
Refusal in the Closet, and requesting that Leave may still be granted ;
which will of consequence produce a Reprieve, and what may be the
good Effects of That nobody knows.
As this may prove the Last and only Effort to be made, and as I am
fully satisfy'd of the Duke of Argyle's kind Endeavours, I must beg
your Grace woud, in Addition to all your former goodness, take the
trouble of going out and consulting with him to-morrow at Whitten.
Your Grace will then have an opportunity of discovering his real
friendship for me by the Answer he will make to the request which I
humbly think your Grace may make of his attending and backing you in
this, I may say, the last Application. I need not mention any Arguments
to your Grace for inforcing the Utility and Necessity of seeing my Son
before I leave this World, nor need I mention the Sorrow he feels from
the Refusal. They will all occur to your Grace, and you can put them
in their proper Light and inforce them, and represent the Inconvenience
that will ensue, in his private Affairs, from my not seeing him, as I only
can inform him thoroughly of them.
The freedom I take in making this proposal to your Grace is a strong
Evidence of the great Sense I have of the friendship you have shown
me, and that I shall always remain for what time I have to live,
My Lord Duke,
your Grace's most obliged and most obedient humble serv 1 .,
Tower, Saturday, Aug 1 . 9 th , 1746. WM. BOYD.
LORD
324 U1ARNC
Elcho's Dnt ho came out of the House to
where I - wise to: it my Name was often mentioned
as cotn:i here I knew my Name was
mist,<
-..ice The Duke of Hamilton.
ss showed me this morning a Letter from Lord
;>lyed to Lord Albemarle for Leave
<1, but that it was refused him. I
Approve r Grace's kind proposition of mentioning this
,tve may still be granted ;
may be the
knows.
;wove tli id only Effort to be made, and as I am
the Duke of Argyle's kind Endeavours, I must beg
Addition to all your former goodness, take the
.ling out and consulting with him to-morrow at Whitten.
n have an op; real
which I
; cking you in
f may say, * guments
d I mention the Sorrow he feels from
the Refusal to your Grace, and you can put them
in their proper Lii, ' -.-.' hiforce them, and represent the Inconvenience
that will from my not seeing him, as I only
can inform ?
The freedom I ta * proposal to your Grace is a strong
Evidence of the great :>*>; i have of the friendship you have shown
me, and that lw*y? rurnain for what time I have to live,
\ Duke,
your Grace's most obliged and most obedient humble serv' .,
Tower, Saturday, Aa 46. WM. Be
LORD BALMER^NO.
THE KILMARNOCK PAPERS. 325
C.
To His Grace The Duke of Hamilton and Brandon.
My Lord Duke,
After returning your Grace my most hearty thanks for
all the favours you have done me, and particularly for the pains you have
taken for my Life, I beg leave to ask one other, as my last Request.
Your Grace was so good as to grant me the Rents of the Lands of
Mumbrells, &c., which forfeited to your Family by my Father-in-Law's
Attainder, in the manner it now stands. Will your Grace allow me to
ask that, as long as you allow any of my Family to possess that subject,
or if, when you find it clear of all Incumbrances from the Publick, you
make a Disposition of it to any of them, it may (sic) to my second Son
Charles, in Case his Mother is found to have sufficient Funds beside ; if
not, I should wish it to go to my Wife first, and to Charlie after her, as
the Strength of his filial Duty to me, and his affection for me, has
brought on him the Misfortunes he now labours under.
The knowledge I have of your Grace's goodness, generosity, and
friendship has made me venture on this Request. I beg youll forgive the
boldness of it, and believe that I sincerely wish you all happiness and
prosperity, and that I am, with the greatest regard and sincerity,
My Lord Duke,
Your Grace's most gratefull, most obliged, and most faithfull
humble Servant,
Tower of London, Aug'. is lh , 1746. WILLIAM BOYD.
D.
To the Right Honourable T/te Lord Boyd.
Dear Boyd, .
You may easily believe it gave me a great deal of uneasiness
that you did not get leave to come up here, and that I would not have
the pleasure of taking a long and last farewell of you.
326 THE KILMARNOCK PAPERS.
Beside the pleasure of seeing you and giving you the blessing of a
dying Father, I wanted to have talked to you about your Affairs more
than I have Strength or Spirits to write. I shall, therefore, recommend
you to Geo : Menzies in Falkirk, and Robert Paterson in Kilmarnock, as
your Advisers in them, and to a State (sic) of Affairs I sent to my Wife,
of which you will get a Copy, which I recommend to you in the same
Manner as to her. I desire you'll consult with her in all your Affairs. I
need hardly recommend it to you, as I know your good Nature and
regard for her, to do all you can to comfort her in the Grief and
Affliction I'm sure she must be in when she has the Accounts of my
Death. She will need your Assistance, and I pray you may give it her.
I beg leave to say two or three things to you as my last Advice.
Seek God in your youth, and when you are old he will not depart from
you. Be at pains to acquire good habits now, that they may grow up
and become strong in you. Love Mankind and do Justice to all Men.
Do good to as many as you can, and neither shut your Ears or your
Purse to those in Distress whom it is in your power to relieve. Believe
me you will find more pleasure in one beneficent Action, and in your cool
Moments you will be more happy, with the Reflection of having made
any one person so, who, but by your Assistance, would have been
miserable, than in the Enjoyment of all the pleasures of Sense (which
pall in the using) and of all the Pomp and gaudy Show of the World.
Live within your circumstances, by which means you will have it in your
power to do good to others, and create an independence in yourself, the
surest way to rise in the world.
Above all things continue in your loyalty to his present Majesty, and
the succession to the crown as by law established. Look on that as the
basis of the civil and religious Liberty and Property of every Individual
in the nation. Prefer the public Interest to your own where ever they
interfere. Love your family and your children, when you have any, but
never let your regard for them drive you on the rock I split upon, when
on that account I departed from my Principles and brought the guilt of
Rebellion and public and particular desolation on my head, for which I
am now under the sentence justly due to my crime. Use all your interest
to get your Brother pardoned and brought home as soon as possible, that
his circumstances, and the bad influence of those he is among, may not
induce him to accept of foreign Service and lose him both to his Country
THE KILMARNOCK PAPERS. 327
and his Family. If money can be found to support him, I wish you
would advise him to go to Geneva, where his Principles of religion and
liberty will be confirmed, and where he may stay till you see if a pardon
can be procured for him. As soon as Commodore Barnes comes home
enquire for your Brother Billie, and take care of him on my account I
recommend to you the payment of My Debts, particularly the Servants
wages, as mentioned in the State of My Affairs. I must again recom-
mend to you your unhappy Mother. Comfort her, and take all the care
you can of your Brothers. And may God of his infinite mercy preserve,
guide, and conduct you and them through all the vicissitudes of this life,
and after it bring you to the habitations of the Just, and make you
happy in the enjoyment of himself to eternity, is the sincere prayer of
your affectionate Father,
WILLIAM BOYD.
Tower of London, August 17 th , 1746.
The following letter, presumably to the Duke of Hamilton, has no
address :
I shall deliver the letter your Grace sent to me last night, and beg if
there be any answer to the inclosed that you will send it to me by the
Bearer, or if that does not suit your conveniency, be pleased to send it as
the last to me to the Brittish before 4 o'Clock. I give you the Joy to
know that the beauty of his behaviour on loseing all hopes of Life
appeared to me something more than human. I have the honour to be
Your Grace's very Melancholy humble Servant,
Saturday, i o'Clock. ALEX. HOME.
Sunday morning.
I was with our most unfortunate Friend several hours yesterday.
His behaviour continues calm and resolute, which I am convinced He
will support to the last. With the answer to the Inclosed be pleased to
send the sketch of His letter to L d . Boyd. He called anxiously for it
yesterday. God Bless your Grace.
328 THE KILMARNOCK PAPERS.
F.
Copy of Note from the Duke of Hamilton to the Countess of Yarmouth,
the original written inside an Eight of Diamonds.
Duke of Hamilton's Compliments To The Countess of Yarmouth.
He is very sorry He could not do himself the Honour of waiting upon
Her Ladyship this morning as He intended. His Grace is only this
moment come to Town, Being kept upon the Road by an overturn.
His Grace begs to have the Honour of waiting upon Her Ladyship
to-morrow at any hour most convenient.
G.
Copy of Note from the Countess of Yarmouth to the Duke of Hamilton.
My Lady Yarmouth fait Des Complimens au Due D'Hamilton e.
qu'elle serrait Toujours bien asse D'avoir L'honneur de le voir chcz elle.
Mais qu'elle peut L'assurer qu'elle ne peut lui Etre d'auquune utilite sur
le sujet qui lui procure cet honneur.
Translation of above.
My Lady Yarmouth's compliments to the Duke of Hamilton, and she
will always be very well pleased to have the honour of seeing him at
her house. But she can assure him that she cannot be of any service to
him with regard to the subject which procures her that honour.
H.
Holograph Letter Lord President Forbes to Sir Andrew Mitchel.
Edinburgh, 15 th July, 1746.
My Dear Andrew,
M rs . Maclaurin sent me yours of the 5 th . I am
Sensible of the Concern you take in what Affects me, and very thankfull
for it
328
to tlte Countess of Yarmouth,
Eight of li
nents To The Countess of Yarmouth.
lot do himself the Honour of waiting upon
inrning as He intended. His Grace is only this
>eing kept upon the Road by an overturn.
rgs to have the Honour of waiting upon Her Lad
tit.
)e
the Countess of Yarmouth to the Duke of Hamilton.
nth fait Des Complimens au Due D'Hamilton e.
ajours bien asse D'avoir LTionneur de le voir chcz elle.
L'assurer qu'elle ne peut lui Etre d'auquune utilite stir
rocure cet honneur.
,,. Yar
of abtrvt.
tie Duke of Hamilton, and she
ised to have the honour of seeing him at
t be of any service to
. irocures her that honour.
Holograph I
My Dear i\
Sensible of the (
n.
President Forbes to Sir Andrew Mitchel.
15 th July, 1746.
me yours of the 5 th . I am
hat Affects me, and very thankfull
LETTER FROM Duict OF HAM;
TO CouNTii <>F YARMOI:
328
Copj to the Countess of Yarmouth,
' an Eight of Diamonds.
cis me, ana very man
for it.
LETTER FROM DUKE OF HAMILTON
TO COUNTESS OF YARMOUTH.
328 \ KNOCK PAPERS.
to the Countess of Yarn
'- an Ei,
qu
M;
le
rtr-emy- KJ very tnanKi
LETTER FROM DUKE OF HAMILTON
TO COUNTESS OF YARMOUTH.
THE KILMARNOCK PAPERS. 329
It was no Small Misfortune to the Publick ; as well as it was
abundantly Mortifying to me; that the want of Harmony in the Ministers
Prevented the Furnishing the Suplys called for, which, had they arrived
in Due time, would have put an End Long Agoe, to the Calamitys that
attended an Actuall Rebellion ; I Do not at all wonder, that My Conduct
was Ridiculed, by those to whom the steddyness of it, was some Reproach,
But I am a Little Surprised that, they found any Body to Listen to
them ; These things however are now over, and I trouble My head
with them no more. I Did what My Conscience told me was my Duty ;
I acted, I Believe to the Conviction of all the King's Enemys, Like a
Man ; My Conscience acquits me ; and I don't care twopence what those
who are So Silly, as to be My Enemys without Provocation, May think
or say. My knighterrantry is now at an End, I hope, for ever ; I have
been sweating for these six weeks Past at my Regular Drudgery
without Medling with any other Business But Under very Great Concern,
I must Confess, for this Unhappy Country, which is Like to Suffer, for
Crimes it is not Guilty of, and Seems in its Distress to have no Eye to
Pity it, nor hand Ready to Interpose for its Relief.
Upon the Rebellion's Receiving its Finishing Stroke from the Duke,
it was my opinion that our Ministers, would conclude, the Selling the
Peace of this Unhappy Country, and the Forming a System for
Preventing Proceedings So Dangerous and So Destructive, for the
Future, Required the Most Mature Deliberation, and, I must Confess,
I had Vanity Enough to Imagine, that I should have been called upon
for My Sentiments on that Subject, as my Zeal, ought to have been
Unsuspected, as the Consideration was Delicate, and to My thinking of
very Great Consequence ; and as, if I had not known more than most
People Do, of the Complexion of this Country, I could not have
Performed half the Service, that Such of our Leaders, as are in tollerable
Good humour with me, affect to tell me they Believe I Did But to my
Great Convenience, tho' not much to the Satisfaction of my Mind ; the
Undertakers for Quieting, and for keeping Quiet, this Part of the Island,
have not Given me the trouble of answering them any Question, neither
have they Dropt the Least Signification, that my attendance is wanted,
where those things are to be Consulted about This Dear Andrew is My
Present Situation, and as the Duty of My Office, Required my Attend-
ance in this place, Unles it had Under the Royal Sign Manuall been
s i
33O THE KILMARNOCK PAPERS.
Dispensed with, you need not at all wonder at My being where I now
am ; what may happen when the Term is over, and when My Duty no
Longer Requires my Attendance in this Place, I can not Exactly say ; I
know how Little Likely, advice Obtruded, is to Prevail and yet I am
not Certain, that the Same Sort of Zeal, flowing from the Same
Principles, that Led me Northwards after the Last Summer Session,
May not Lead Me Southwards after this ; I am Sensible the opposition I
may now meet with, is more Formidable, and Less Likely to be Got the
Better of, by my Puny Influence, than that of the Highlanders opposed
to me, to be, Last year but if upon Summing up all Considerations,
when I have Some more Leisure, than I Possess at Present, it Shall
appear to Me to be My Duty to move towards you, I Certainly Shall
March The Reflection you Make in your Postscript touching a Friend
of Mine is too true. But I Cannot Mend the Matter, I wish you Could.
I am My Dear Andrew,
Perfectly yours
DUN: FORBKS, J.
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XXIX.
ACCOUNT OF THE TRIAL OF LORD LOVAT, BY
ONE AT THE TRIAL.
We have now Sat two Days upon My Lord Lovat's Tryal, beginning
betwixt ii and 12 and Ending at Six, for we cannot Sit much later as
there is no Way of Illuminating the Hall. The first Day was taken up
with the Speeches of Sir William Yonge, Sir Dudley Rider, Lord Cook,
and M r . Murray, four of the Managers of the Commons, and the
Examination of Muirtoun, And as Lovat fights Cunning so he objects to
Every Piece of Evidence, and began with Objecting to that of Muirtoun
because he was his Tennant and Subject to his Regality Court and owed
him Money. This Objection is founded on a Clause in an Act of
Parliament in the beginning of King George the first, Declaring that no
Person who is Tacksman or Vassall to another can be admitted as
Evidence against his Superior or Landlord. This Clause was the Grand
Secret his Sollicitors and Council had whereby they Declared my Lord
to be in no Danger, but as Muirtoun deny'd his being Tacksman or
Vassall he was allowed to be Examin'd, for being his Debitor for Money
was no hindrance to his being Examin'd, and he did Swear very plainly,
clearly, and Distinctly of several Overt Acts of Treason Committed by
his Lordship as well as Treasonable Conversation for many years.
On the 2 nd Day, when M r . Murray was brought to the Bar as an
Evidence, Lovat Objected to him as ane Unliabile Witness, being an
Attainted Person, and when the Attorney Genl. produc'd the Record of
the Court of Kings Bench to show that he had Surrender'd and was
Amenable to Justice before the 12 th July, when the Attainder was to
take place, Lovat Objected to its being read, and as it was a Point of
Law, desired his Council might be heard upon the Subject, which being
granted, M r . Forster said that the Proceeding in the Kings Bench was a
33 2 ACCOUNT OF THE TRIAL
private Deed betwixt the Crown and M r . Murray, where Lovat not being
a Party and a Consenter thereto, it could not be made use of to hurt him.
M r . Forster made a pretty Speech, and argued this Lame Argument as
well as it could be done, insomuch that he left little to be said by the
other two Council, M r . Ford and M r . Charles Gordon, but they spoke for
some time, and were answered by the Attorney Gen 1 ., the Solicitor Gen 1 .,
Sir Richard Loyd, Sir John Strange, and M r . Noel, five of the Managers,
and five of the Greatest Lawyers in the kingdom, and then the Lords
Adjourn'd to the House of Lords, now call'd a Chamber of Parliament,
and there it was Argued pretty Strongly for Lovat by Talbot and a little
by Bath, who fancy'd that M r . Murray had not been taken before the 12 th
July, tho 1 the Kings Attorney allow'd it to be so in Order to make M r .
Murray's Evidence Valid, and as the Attainder was an Act of Parliament
he did not see any power the Crown had to dispense with an act of
Parliament by his Attorney Gen 1 ., but being set right in this and told
that he was actually in the hands of the Justice Clerk on the 28 th June,
and consequently Amenable to Justice, and the Chancellor told us that
it would be very hard upon the Subject if you laid it down as a Rule
that when a Man was apprehended before the Day for Surrender was
Elapsed, and so prevented from having it in his power to surrender if the
Crown shou'd strain their Power in so rigorous a Manner as to Insist
upon his being Attainted, and then gave the instance of Sir Thomas
Armstrong, who had been so treated, whose Outlawry or Attainder was
repeall'd after the Revolution, nay the Commons was so exasperated at
the Judges of those times that they brought in a Bill to oblige the Heirs
and Estates of those Judges to make good Sir Thomas's Damages to his
Children, then we heard of the Distinction betwixt a habile or a com-
petent Witness and a credible one, and after some debate the Lords
allow'd the Record to be read and M r . Murray to be Examin'd, and then
return'd to the Hall, where the Record was read, and then Adjourned.
The Third Day began with M r . Murray's Evidence, who was desired
by the Managers to tell what he knew of the General Plot or Conspiracy,
as well as what related to Lord Lovat, and he began with the Association
of Lovat, Traquair, Perth, Locheil, and one or two more, and their
sending Drummond of Bachadie to Paris, and the Strong Assurances
given them by Cardinal Fleury of Assistance from France, and that
when he was told this in the year 1741 by Traquair, he went to Locheil's
OK LORD LOVAT. 333
House and told them all that he did not believe what Drummond said or
his Assistant, M r . Semple, who called himself Lord Semple, and was the
Pretenders Agent at the French Court, said of the Assistance from
France, and that he thought they only said so to keep up the Spirit of
the Party upon which they desired he might go to Paris to bring them
more certain Intelligence, and accordingly he went, but by the way heard
of the Cardinals Death, however he went and was introduc'd to Mon r .
Amelot, and he after speaking of the Subject to the King desired to see
the same Assurances under the Hands and Seals of the English
Jacobites as he had seen under the hands of the Scots, and that when
M r . Drummond, who was sent to Negotiate that Affair, came to England
he waited on the Earl of Barrymore, Sir John Hind Cotton, and Sir
Watkins Williams Wyn, but they did not relish the Proposal. That
when at Paris he saw the Young Pretender, who seem'd Positive to go to
Scotland with or without French Assistance, which he endeavour'd to
perswade him not to think of without a Landing of 10 or 12,000 Troops
from France. That when he came from thence he got several Blank
Letters from the Young Pretender to be given to such as cou'd Serve his
Cause by the Advice of Perth, Traquair, and Locheil. That one of them
was directed and deliver'd to the Laird of M c Leod, and another to Sir
Alex r . M c Donald, but not delivered he believes ; To this M c Leod says to
us who ask him about it, that the Letter was delivered to M r . John
M c Leod, his son, and that he did not hear of it untill a year after. He
then told us that the plan was to Land 1500 Men near Inverness, by
whose siege the Highland Clans would Conveen their Men and Join, and
other 1500 in Argyle Shire near Sir James Campbell of Auchinbrcek,
who by their Assistance wou'd raise the Campbells and the other
Highlanders in that Neighbourhood, and 8 or 10,000 as near London as
possible. That when he heard of the Young Pretender's Arrival by an
Anonymous Letter, he went to him in about four weeks after his Sending.
That soon after he join'd the Young Pretender he was at Glengarrys
House, where Thomas Fraser of Gortuleg came from Lord Lovat, who
demanded as a Preliminary Lovats Commission of Lieut-Gen 1 , and
Lord Lieu 1 ., when the Pretender told him they were left behind in a
Trunk Ten miles off, but desired M r . Roily to write out the Commissions
for Lovat, and ordered him to write ane Apology. The next Corre-
spondence with Lovat was after the Battle of Prestonpans, when Locheil
334 ACCOUNT OF THE TRIAL
told him of the Arrival of one Hugh Fraser, a Writer, who was a proper
person to send to Lovat to bring out his Men, which was accordingly
done. Next was upon their Return from Derbe to Glasgow, where Hugh
Fraser, the Writer, came from the Master of Lovat to ask Arms and
where the Frasers shou'd join them, when a Letter was sent to Lovat
Signed by Locheil, Cluny, and himself, and a few Lines from the Young
Pretender, Hugh Fraser then ask'd by Order of Lovat for his Patent of
Duke, and was Answered it was in old Locheil's hands, and desired that
Lord John Drummond and Lord Strathallan might be sent North with a
sufficient force to protect his and that Country from Lowdown, and that
he had My Lords Orders for that request. That while he was at
Inverness he received a Letter from Lovat by Gortuleg, who told him
Lovat was Anxious about his Patent of Duke, this was in February' or
March 1746. Their next Correspondence was after the Battle of
Cullodden near the Lake, where there was a Meeting of Locheil and
other Chieftains, at which Lovat was present, when he told Lovat of
another next Meeting, where they would be glad of his Attendance and
Advice, to which he came and gave his Opinion that they shou'd
Assemble a Body of Men to protect their Country from the Elector of
Hannovers Troops untill they procured Terms from the Duke of
Cumberland, and that 3000 or 3500 was the Number proposed for this
Service and each Persons Quota Adjusted, of which 400 Frasers to be
Commanded by the Master of Lovat, but Lovat said he wou'd not
Answer for his son, but desired Locheil might do it, which Locheil did.
That he gave 70 Pounds to one of Lovats People to carry to the Master
to Subsist his Men, which was a Part of the Money then Landed from
France, that this was done in Lovats presence at least in the Room
with him. That not above 500 were Conveened, who not being able to
Dispute with the Troops that March'd against them, it was agreed to
Disperse and every Man shift for himself, then he went to Moydart,
where he had a Letter from Lovat asking a Guard and Money to Subsist
them, when he gave his Servant fifteen Louis D'ors. Then Lord Talbot
ask'd if he was a Voluntary Witness and if he would have given that
Evidence if he had not been in hopes of his Life, those Questions were
opposed as improper, but he without being obliged to Answer them
Declared that in any other Circumstances he would not have Chose to
have been an Evidence, but that he had got no Promise of a Pardon, and
OF LORD LOVAT. 335
being ask'd if he wou'd not have given the same Evidence if he had been
pardon'd and obliged to appear there and give Evidence, he said he
wou'd not have added or 'Pared a Word of what he had said if it had
been so. He Spoke Clearly and without any seeming Concern, had Notes
in his Hands but did not use them. Next his Lordships Coachman and
Postillion were Examin'd, who declared as to Rendevousing his Clan,
Entertaining Rebells in his House, Drinking Treasonable Healths, and
Cleaning of Arms, as did Tom Eraser the Gun Smith upon the Article
of Arms. Next Dunballoch swore many strong facts against him. Next
Hugh Eraser, his Secretary, was Examin'd, and tho' he had formerly
refus'd to be an Evidence yet made a Clean Breast and told all, its true
he said Somethings in my Lords favours, but Vindicated the Master a
good deal, owned he the Master was forced and could not have raised the
Clan without My Lord, that My Lord tho' sometimes angry with his
Clan and said they wou'd cost him his Life, yet he at other times
Ordered them out, own'd his being sent to the Pretender by Lovat, had
the Commissions and Letters in his Custody, which he left in his
Lodgings at Inverness, in short he said enough to do my Lord's Business.
Then Lord Talbot ask'd M r . Eraser whither he was a Voluntary
Evidence, and whither if he was not in hopes of Saving his Life he
would have been a Witness, the Managers opposed this Question as
improper, and the Chancellor gave it strong against Talbot, and when
Duke Bedford objected to it and said Something in answer to Talbot
which Talbot did not like, he reply'd I act from Principles of Honour,
Justice and Humanity, and that he despised any Malignant Heart
that thought other ways of him, however the Question being altered and
Softned, he said that to be sure in any other Circumstance than he was
in he wou'd not have been an Evidence, but that he had got no promise
of a Pardon, that he did expect his Life to be saved, but there was no
Paction made with him relative to his Life and Evidence, and when the
Attorney Gen 1 , asked him if he had been pardoned and obliged there-
after to come to that Bar and give Evidence, whither he wou'd have
given any other Evidence than he had given, he answered he was upon
Oath, and if he had been Pardoned and obliged to give Evidence he
wou'd neither have added nor Pared any of the Evidence he had given.
Lieu 1 . Alex r . Campbell, Factor to Lord Fortrose, was called and
Examined as to his Conversation with Lovat when sent to Castle
336 ACCOUNT OF THE TRIAL
Downy about some Cattle Stole from the M c Kenzies, but he could
recollect nothing, the fact is he had told the Managers that Lovat had
pressed him to go into the Rebellion, but unless they gave him another
Lieut.' 5 Commission he wou'd not speak. Next Peter Eraser, Tutor of
Belladrum, was examined, who gave Evidence of two or three facts only.
Next John Farquhar, late Groom to M r . Murray, Swore pretty plainly
against My Lord when he was at their Meetings in Lochaber after
Battle of Cullodden. Then Stewart, M r . Murray's Clerk, did the same,
agreeing with what M r . Murray and his Groom had said relative to that
Period. Then Lieu*. Robert Dalrymple of the Furnace Sloop was
called, and My Lord being ask'd if he had any Objection to him, said he
had none to any of that Name, he said that he heard My Lord say that if
the Highlanders had behaved well they might have baffled the Troops,
for they had no Occasion to fight if they had taken his Advice. Then
M r . Campbell, a Volunteer with General Campbell, was called, and Lovat
being ask'd if he had any Objection to him, answered he had none to
any of his Name. M r . Campbell agreed with Dalrymple having been
aboard the Ship with him, he was Examin'd as to the papers taken out
of Lovats Strong Box, and told us of a Letter he had found there of the
Master of Lovats to My Lord, which was afterwards read and My Lord's
Answer thereto. Next Sir Everard Faulkner was called, and being asked
if he had any Objection to him, Lovat answered No, that he was his
very humble Servant and wished him Joy of his Young Wife, which set
the whole Audience a laughing, Sir Everard said that in his Conversation
with My Lord he owned he was so Angry at taking away his Company
that if Rouli Ran had landed he would have joined him, but that if they
wou'd Show Mercy he wou'd do them more Service than the Value of
his Life, that he did not Seem to deny his Guilt but talked in a Stile of
Acquiessence. Then M r . Robert Fraser, the Secretary, was called to
prove the Written Evidence, when My Lord desired they would either
give him a little Respite or Order his Funeral, but it being then about
four a Clock the Lords went on, when Lovats Letters to M r . Murray, the
Young Pretender, Locheil, Tullibardin, and to his Son, and his Sons
Letters to him were all read, and proven by Robert Fraser then at the
Bar, who declared that he did write them by Lovats Diction, and that he
had seen them Signed by him. And then they Adjoured to Monday to
give my Lord some Respite, and on Monday the Evidence for the Crown
OF LORD LOVAT. 337
will be finished, they having only some more Written Evidence to give.
I am told it is now come out so Clear against him, that his Council say
they believe My Lord will not by their Advice give the House any
further trouble by way of Exculpation. I shall only Observe that this
Tryal ought to frighten all Scotsmen from Plotting again Since the
Evidence of the Pretender's Secretary with that of My Lord's own
Servants is enough to Hang any Man. M r . Murray's Evidence was
pretty Strong against Lord Traquair, but I don't hear how he is to be
tryed, but something will be done as to him. Lovats Letter is pretty
Strong against M c Leod as to the Oaths he took to Join them, and he
speaks very Scurrilous Language. M c Leod owns that he did make
some promises to Lovat in Order to protract the time and keep my Lord
the longer from playing the fooll, and that when last at his Lordship's
house, where Barrisdale and some other Rebells were, he had no other
Way to prevent his being made Prisoner.
On Monday the i6 th the Managers for the Commons Produced Some
more treasonable letters and Papers of and to my Lord Lovat, which wer
proven by M r . Secretary Murray and his own Secretary, Rob 1 . Fraser,
and then S r . John Strange Sum'd up the Evidence without any
Invectives or Bitter Reflexions, and better judges than I say He did it
well, after which Lovat desired some time to prepare his Defences and
recover his Health, and then Both Houses Adjourn'd to the Chambers of
Parlia 1 ., and in the Chamber of the House of Peers the Question being
put when they Should Go Next to Westminster Hall to finish the Tryal
and proceed upon my Lords Defences, it was Agreed to Delay it no
longer than Wednesday the 1 8 th , not only because they had already
upon My Lords Application granted him two Delays of his Tryal, but
because it was Necessary for the Judges (who always attend Tryals) to
give their Opinion on points of Law to go to their Circuits.
On Wednesday the i8 th , when we expected his L d . was to Call his
Witnesses, of whom he told us he had but ten in town of threescore he
had summon'd, and that on the Monday he had told the Lords he
wanted to Examine a Member of the House of Commons, which
Sweated me, I being in his first list of Witnesses, But it proved to be
M c Leod, and Accordingly the Lords Sent a Message to the Commons to
desire M r . M c Leod's being allowed to give Evidence, which the Commons
gave M'Leod leave to do, But upon being told that after he had done
T I
338 ACCOUNT OF THE TRIAL OF LORD LOVAT.
with Examining M c Leod the Managers had a Right to Ask him any
Question they pleased, My Lord Dropt his project of Examining him,
and indeed I believe it was for this Reason that Neither of us were
Examined Since we could and must have said more against him than we
could Say for him, Meantime my Lord called no Witness Att all, but
Objected to all the Witnesses that were produced for the Crown in
Generall As being his own Tenants or Vassalls, and So not Competent
Witnesses or perjured or in Expectation of Pardon, and that as M r .
Secretary Murray and his own Secretary, Hugh, had taken the Oaths
to anoy r king, which they had broke, their testimony Could have No
Weight, and as M c Leod, M r . Murray, Never delivered him any Letter
from the pretender, So it was believed My Lord would have Insisted on
that Questions being Ask'd at M c Leod, and then my Lord after falsifying
his Evidence in that particular by M c Leod's Oath, might More properly
have Insisted on the Invalidity of his evidence. My Lord being in the
Opinion of the Lords as well as the Commons done w th his Defence, he
haveing Said at the Bar he had no More to say, the Managers of the
Commons proceeded to make the Reply.
WESTMINSTER HALL
DURING TRIAL OF LORD LOVAT
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PLEASE DO NOT REMOVE
CARDS OR SLIPS FROM THIS POCKET
UNIVERSITY OF TORONTO LIBRARY
DA Allardyce, James (ed.)
813 Historical papers
A5
1895
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