REIGN OF WILLIAM AND MARY: 1689–1694. (continued 2)

We after this hear of Payne being in a pitiable frame of body under close confinement in Edinburgh Castle, no one being allowed to have access to him but his medical attendants. For a little time there was a disposition to give him the benefit of the rule of the Claim of Rights regarding imprisonment, and on the 6th January 1691, it was represented to King William that to keep Payne in prison without trial was ‘contrare to law.’ Nevertheless, and notwithstanding repeated demands for trial and petitions for mercy on his part, Neville Payne was kept in durance more or less severe for year after year, until ten had elapsed! During this time, he became acquainted with the principal state-prisons of Scotland, including the Edinburgh Tolbooth.

At length, on the 4th of February 1701, the wretched man sent a petition to the Privy Council, shewing ‘that more than ten years’ miserable imprisonment had brought [him] to old age and extreme poverty, accompanied with frequent sickness and many other afflictions that are the constant attendants of both.’ He protested his being all along wholly unconscious of any guilt. He was then ordered to be liberated, without the security for reappearance which was customary in such cases.^[50]

1691. Jan.

Scotland is sometimes alluded to in the south, with an imperfect kind of approbation, as an excessively strait-laced country; but if our neighbours were to consult the records of the General Assembly 42|1691.| on the subject, they would find it powerfully defended from all such charges. An act was passed by that venerable body for a national fast to be held on the second Thursday of this month, and the reasons stated for the pious observance are certainly of a kind to leave the most free-living Englishman but little room for reproach. It is said: ‘There hath been a great neglect of the worship of God in public, but especially in families and in secret. The wonted care of sanctifying the Lord’s day is gone ... cities full of violence ... so that blood touched blood. Yea, Sodom’s sins have abounded amongst us, pride, fulness of blood, idleness, vanities of apparel, and shameful sensuality.’ Even now, it is said, ‘few are turned to the Lord; the wicked go on doing wickedly, and there is found among us to this day shameful ingratitude for our mercies [and] horrid impenitency under our sins.... There is a great contempt of the gospel, and great barrenness under it ... great want of piety towards God and love towards man, with a woful selfishness, every one seeking their own things, few the public good or ane other’s welfare.’

The document concludes with one noble stroke of, shall we say, self-portraiture?—‘the most part more ready to censure the sins of others, than to repent of their own.’^[51]

Jan. 20.

John Adair, mathematician, had been proceeding for some years, under government patronage and pay, in his task of constructing maps of the counties of Scotland, ‘expressing therein the seats or houses of the nobility and gentry, the most considerable rivers, waters, lochs, bays, firths, roads, woods, mountains, royal burghs, and other considerable towns of each shire’—a work ‘honourable, useful, and necessary for navigation.’ He was now hindered in his task, as he himself expressed the matter, ‘by the envy, malice, and oppression of Sir Robert Sibbald, Doctor of Medicine, who, upon pretence of a private paction and contract, extorted through the power he pretended, took the petitioner [Adair] bound not to survey any shire or pairt thereof without Sir Robert his special advice and consent, and that he should not give copies of these maps to any other person without Sir Robert his special permission, under a severe penalty.’

The Lords of the Privy Council, on Adair’s petition, were at no loss to see how unjust the Jacobite Sir Robert’s proceedings 43|1691.| were towards the nation, which, by parliamentary grant, was paying Adair for his work. They therefore ordered the hydrographer to go on with his work, notwithstanding Sibbald’s opposition, ordering the latter to deliver up the contract on which it rested.

Sir Robert Sibbald afterwards reclaimed against the award of the Privy Council, setting forth a great array of rights connected with the case; but he spoke from the wrong side of the hedge, and his claim was refused.^[52]

Jan. 21.

Captain Burnet of Barns was now recruiting in Edinburgh for a regiment in Holland. As the service was so much to be approved of, it was the less important to be scrupulous about the means of promoting it. A fatherless boy of fourteen, named George Miller, was taken up to Burnet’s chamber, and there induced to accept a piece of money of the value of fourteen shillings Scots, which made him a soldier in the captain’s regiment. He seems to have immediately expressed unwillingness to be a soldier; but the captain caused him instantly to be dragged to the Canongate Tolbooth, and there kept in confinement. Some friend put in a petition for him to the Privy Council, setting forth that he had been trepanned, and ‘had no inclination to be a soldier, but to follow his learning, and thereafter other virtuous employments for his subsistence.’ It was even hinted that the boy’s father, Robert Miller, apothecary in Edinburgh, had been ‘a great sufferer in the late times.’ All was in vain; two persons having given evidence that the boy had ‘taken on willingly’ with Captain Burnet, the Council ordained him to be delivered to that gentleman, ‘that he may go alongst with him to Holland in the said service.’

Burnet’s style of recruiting was by no means a singularity. A few days after the above date, as John Brangen, servant to Mr John Sleigh, merchant in Haddington, was going on a message to a writer’s chamber in Edinburgh with his master’s cloak over his arm, he was seized by Sergeant Douglas, of Douglas of Kelhead’s company, carried to the Canongate Tolbooth, and thence hurried like a malefactor on board a ship in the road of Leith bound for Flanders. This man, though called servant, was properly clerk and shopman to his master, who accordingly felt deeply aggrieved by his abduction. At the same time, Christian Wauchope 44|1691.| petitioned for the release of her husband, William Murdoch, who had been ‘innocently seized’ and carried off eight days ago by Captain Douglas’s men, ‘albeit he had never made any paction with them;’ ‘whereby the petitioner and her poor children will be utterly starved.’ Even the town-piper of Musselburgh, James Waugh by name, while playing at the head of the troop, and thinking of no harm, had been carried off for a soldier. ‘If it was true,’ said his masters the magistrates, ‘that he had taken money from the officers, it must have been through the ignorance and inadvertency of the poor man, thinking it was given him for his playing as a piper.’ He had, they continued, been ‘injuriously used in the affair by sinistrous designs and contrair to that liberty and freedom which all peaceable subjects ought to enjoy under the protection of authority.’

The government seems to have felt so far the necessity of acting up to their professions as the destroyers of tyranny that, in these and a few other cases, they ordered the liberation of the prisoners.

A few months later, occurred a private case in which something very like manstealing was committed by one of the parties in connection with this unscrupulous recruiting system.

Aug.

Robert Wilson, son of Andrew Wilson in Kelso, was servant to Mrs Clerkson, a widow, at Damhead (near Edinburgh?). On finding that his mistress was about to take a second husband, he raised a scandal against her, in which his own moral character was concerned, and she immediately appealed for redress to Master David Williamson, minister of St Cuthbert’s parish. Two elders came to inquire into the matter—Wilson evaded them, and could not be found. Then she applied for, and obtained a warrant from a justice of peace to apprehend Wilson, who now took to hiding. Four friends of hers, James Bruntain, farmer at Craig Lockhart; David Rainie, brewer in Portsburgh; James Porteous, gardener at Saughton; and James Borthwick, weaver at Burrowmuirhead, accompanied by George Macfarlane, one of the town-officers of Edinburgh, came in search of Wilson, and finding him sleeping in the house of William Bell, smith in Merchiston, dragged him from bed, and in no gentle manner hurried him off to Macfarlane’s house, where they kept him tanquam in privato carcere for twenty-four hours. On his pleading for permission to go to the door for but a minute, swords were drawn, and he was threatened with instant death, if he offered to stir. Professedly, they were to take him before the justices; but a better conclusion to the adventure occurred to them. Captain Hepburn, an officer 45|1691.| about to sail with his corps to Holland, was introduced to the terror-stricken lad, who readily agreed to enlist with him, and accepted a dollar as earnest. Before he quitted the care of his captors, he signed a paper owning the guilt of raising scandal against his late mistress.

The father of the young man complained before the Privy Council of the outrage committed on his son, as an open and manifest riot and oppression, for which a severe punishment ought to be inflicted. He himself had been ‘bereaved of a son whom he looked upon to be a comfort, support, and relief to him in his old age.’ On the other hand, the persons complained of justified their acts as legal and warrantable. The Lords decided that Robert Wilson had ‘unjustly been kept under restraint, and violence done to him;’ but the reparation they allowed was very miserable—a hundred merks to the aggrieved father.^[53]

Jan. 29.

Nothing, in the former state of the country, is more remarkable in contrast with the present, than the miserable poverty of the national exchequer. The meagreness and uncertainty of the finances required for any public purpose prior to those happy times when a corrupt House of Commons was ready to vote whatever the minister wanted—the difficulties consequently attendant upon all administrative movements—it is impossible for the reader to imagine without going into an infinity of details. At a time, of course, when Scotland had a revenue of only a hundred thousand pounds a year, and yet a considerable body of troops to keep up for the suppression of a discontented portion of the people, the troubles arising from the lack of money were beyond description. The most trivial furnishings for the troops and garrisons remained long unpaid, and became matter of consideration for the Lords of the Privy Council. A town where a regiment had lain, was usually left in a state of desolation from unpaid debt, and had to make known its misery in the same quarter with but small chance of redress; and scores of state-prisoners in Edinburgh, Blackness, Stirling, and the Bass, were starving for want of the common necessaries of life.

1690.

On the 18th of April 1690, the inhabitants of Kirkcaldy, Dysart, and Pathhead complained to the Privy Council, that for ten weeks of this year they had had Colonel Cunningham’s regiment quartered amongst them. The soldiers, ‘having nothing 46|1690.| to maintain themselves, were maintained and furnished in meat and drink, besides all other necessars, by the petitioners,’ who, ‘being for the most part poor and mean tradesmen, seamen, and workmen, besides many indigent widows and orphans,’ were thus ‘reduced to that extreme necessity as to sell and dispose of their household plenishing, after their own bread and anything else they had was consumed for maintenance of the soldiers.’ They regarded the regiment as in their debt to the extent of £336, 6s. sterling, of which sum they craved payment, ‘that they might not be utterly ruined, and they and their families perish for want of bread.’ Payment was ordered, but when, or whether at all, it was paid, we cannot tell.

Another case of this nature, going far to justify the jokes indulged in by the English regarding the contemporary poverty of Scotland, occurs in the ensuing August, when the Council took up the case of James Wilkie of Portsburgh (a suburb of Edinburgh), complaining that the soldiers of three regiments lately quartered there, had gone away indebted to him for meat and drink to the extent of seventeen pounds Scots (£1, 8s. 4d.). ‘Seeing the petitioner is very mean and poor, and not in a capacity to want that small sum, having nothing to live by but the trust of selling a tree of ale, his credit would be utterly broke for want thereof, unless the Council provide a remeed.’ The Council ordained that the commanders of the regiments should see the petitioner satisfied by their soldiers.

In January 1691, the Council is found meditating on means for the satisfaction of James Hamilton, innkeeper, Leith, who had sent in accounts against officers of Colonel Cunningham’s regiment for board and lodging, amounting to such sums as eight pounds each. At the same time, it had to treat regarding shoemakers’ accounts owing by the same officers, to the amount of two and three pounds each. Even Ensign Houston’s hotel-bill for ‘thretteen shillings’ is gravely deliberated on. And all these little bills were duly recommended to the lords of their majesties’ treasury, in hopes they might be paid out of ‘the three months’ cess and hearth money.’^[54]

That such small bills, however, might infer a considerable amount of entertainment, would appear by no means unlikely, if we could believe a statement of Mr Burt, that General Mackay himself was accustomed, during his commandership in Scotland, 47|1690.| to dine at public-houses, ‘where he was served with great variety, and paid only two shillings and sixpence Scots—that is, twopence half-penny—for his ordinary.’^[55] The fact has been doubted; but I can state as certain, that George Watson, the founder of the hospital in Edinburgh, when a young man residing in Leith, about 1680, used to dine at a tavern for fourpence. Even in the middle of the eighteenth century, Mr Colquhoun Grant, writer to the Signet, and a friend who associated with him, dined every day in a tavern in the Lawnmarket, for ‘twa groats the piece,’ as they used to express it.

Amongst other claims on which the Council had to deliberate, was a very pitiable one from Mr David Muir, surgeon at Stirling. When General Mackay retreated to that town from ‘the ruffle at Killiecrankie,’^[56] Muir had taken charge of the sick and wounded of the government troops, ‘there being none of their own chirurgeons present,’ He ‘did several times send to Edinburgh for droggs and other necessaries,’ and was ‘necessitat to buy a considerable quantity of claret wine for bathing and fomenting of their wounds.’ His professional efforts had been successful; but as yet—after the lapse of eighteen months—he had received no remuneration; neither had he been paid for the articles he had purchased for the men; at the same time, the salary due to him, of ten pounds a year as chirurgeon of the castle, was now more than two years in arrear. It was the greater hardship, as those who had furnished the drugs and other articles were pressing him for the debt, ‘for which he is like to be pursued.’ Moreover, he protested, as something necessary to support a claim of debt against the state, that ‘he has been always for advancing of his majesty’s interest, and well affected to their majesties’ government.’

The Council, in this case too, could only recommend the accounts to the lords of the treasury.^[57]

1691. Mar. 8.

48Sinclair of Mey, and a friend of his named James Sinclair, writer in Edinburgh, were lodging in the house of John Brown, vintner, in the Kirkgate of Leith, when, at a late hour, the Master of Tarbat and Ensign Andrew Mowat came to join the party. The Master, who was eldest son of the Viscount Tarbat, a statesman of no mean note, was nearly related to Sinclair of Mey. There was no harm meant by any one that night in the hostelry of John Brown; but before midnight, the floor was reddened with slaughter.

The Master and his friend Mowat, who are described on the occasion as excited by liquor, but not beyond self-control, were sitting in the hall drinking a little ale, while beds were getting ready for them. A girl named Jean Thomson, who had brought the ale, was asked by the Master to sit down beside him, but escaped to her own room, and bolted herself in. He, running in pursuit of her, blunderingly went into a room occupied by a Frenchman named George Poiret, who was quietly sleeping there. An altercation took place between Poiret and the Master, and Mowat, hearing the noise, came to see what was the matter. The Frenchman had drawn his sword, which the two gentlemen wrenched out of his hand. A servant of the house, named Christian Erskine, had now also arrived at the scene of strife, besides a gentleman who was not afterwards identified. At the woman’s urgent request, Mowat took away the Master and the other gentleman, the latter carrying the Frenchman’s sword. There might have now been an end to this little brawl, if the Master had not deemed it his duty to go back to the Frenchman’s room to beg his pardon. The Frenchman, finding a new disturbance at his door, which he had bolted, seems to have lost patience. He knocked on the ceiling of his room with the fire-tongs, to awaken two brothers, Elias Poiret, styled Le Sieur de la Roche, and Isaac Poiret, who were sleeping there, and to bring them to his assistance.

These two gentlemen presently came down armed with swords and pistols, and spoke to their defenceless and excited brother at 49|1691.| his door. Presently there was a hostile collision between them and the Master and Mowat in the hall. Jean Thomson roused her master to come and interfere for the preservation of the peace; but he came too late. The Master and Mowat were not seen making any assault; but a shot was heard, and, in a few minutes, it was found that the Sieur de la Roche lay dead with a swordwound through his body, while Isaac had one of his fingers nearly cut off. A servant now brought the guard, by whom Mowat was soon after discovered hiding under an outer stair, with a bent sword in his hand, bloody from point to hilt, his hand wounded, and the sleeves of his coat also stained with blood. On being brought where the dead man lay, he viewed the body without apparent emotion, merely remarking he wondered who had done it.

The Master, Mowat, and James Sinclair, writer, were tried for the murder of Elias Poiret; but the jury found none of the imputed crimes proven. The whole affair can, indeed, only be regarded as an unfortunate scuffle arising from intemperance, and in which sudden anger caused weapons to be used where a few gentle and reasonable words might have quickly re-established peace and good-fellowship.^[59]

The three Frenchmen concerned in this affair were Protestant refugees, serving in the king’s Scottish guards. The Master of Tarbat in due time succeeded his father as Earl of Cromarty, and survived the slaughter of Poiret forty years. He was the father of the third and last Earl of Cromarty, so nearly brought to Tower-hill in 1746, for his concern in the rebellion of the preceding year, and who on that account lost the family titles and estates.

Apr.

Down to this time, it was still customary for gentlemen to go armed with walking-swords. On the borders of the Highlands, dirks and pistols seem to have not unfrequently been added. Accordingly, when a quarrel happened, bloodshed was very likely to take place. At this time we have the particulars of such a quarrel, serving to mark strongly the improvements effected by modern civilisation.

Some time in August 1690, a young man named William Edmondstone, described as apprentice to Charles Row, writer to the Signet, having occasion to travel to Alloa, called on his master’s brother, William Row of Inverallan in passing, and had an interview 50|1691.| with him at a public-house in the hamlet of Bridge of Allan. According to a statement from him, not proved, but which it is almost necessary to believe in order to account for subsequent events, Inverallan treated him kindly to his face, but broke out upon him afterwards to a friend, using the words rascal and knave, and other offensive expressions. The same unproved statement goes on to relate how Edmondstone and two friends of his, named Stewart and Mitchell, went afterwards to inquire into Inverallan’s reasons for such conduct, and were violently attacked by him with a sword, and two of them wounded.

The proved counter-statement of Inverallan is to the effect that Edmondstone, Stewart, and Mitchell tried, on the 21st of April 1691, to waylay him, with murderous intent, as he was passing between Dumblane and his lands near Stirling. Having by chance evaded them, he was in a public-house at the Bridge of Allan, when his three enemies unexpectedly came in, armed as they were with swords, dirks, and pistols, and began to use despiteful expressions towards him. ‘He being all alone, and having no arms but his ordinary walking-sword, did rise up in a peaceable manner, of design to have retired and gone home to his own house.’ As he was going out at the door, William Edmondstone insolently called to him to come and fight him, a challenge which he disregarded. They then followed him out, and commenced an assault upon him with their swords, Mitchell, moreover, snapping a pistol at him, and afterwards beating him over the head with the but-end. He was barely able to protect his life with his sword, till some women came, and drew away the assailants.

A few days after, the same persons came with seven or eight other ‘godless and graceless persons’ to the lands of Inverallan, proclaiming their design to burn and destroy the tenants’ houses and take the laird’s life, and to all appearance would have effected their purpose, but for the protection of a military party from Stirling.

For these violences, Edmondstone and Mitchell were fined in five hundred merks, and obliged to give large caution for their keeping the peace.^[60]

June 25.

Upon petition, Sir James Don of Newton, knight-baronet, with his lady and her niece, and a groom and footman, were permitted 51|1691.| ‘to travel with their horses and arms from Scotland to Scairsburgh Wells in England, and to return again, without trouble or molestation, they always behaving themselves as becometh.’^[61]

This is but a single example of the difficulties attending personal movements in Scotland for some time after the Revolution. Owing to the fears for conspiracy, the government allowed no persons of eminence to travel to any considerable distance without formal permission.

July 8.

An act, passed this day in the Convention of Royal Burghs for a commission to visit the burghs as to their trade, exempted Kirkwall, Wick, Inverary, and Rothesay, on account of the difficulty of access to these places!

The records of this ancient court present many curious details. A tax-roll of July 1692, adjusting the proportions of the burghs in making up each £100 Scots of their annual expenditure on public objects, reveals to us the comparative populousness and wealth of the principal Scottish towns at that time. For Edinburgh, it is nearly a third of the whole, £32, 6s. 8d.; for Glasgow, less than a half of Edinburgh, £15; Perth, £3; Dundee, £4, 13s. 4d.; Aberdeen, £6; Stirling, £1, 8s.; Linlithgow, £1, 6s.; Kirkcaldy, £2, 8s.; Montrose, £2; Dumfries, £1, 18s. 4d.; Inverness, £1, 10s.; Ayr, £1, 1s. 4d.; Haddington, £1, 12s.

All the rest pay something less than one pound. In 1694, Inverary is found petitioning for ‘ease’ from the four shillings Scots imposed upon them in the tax-roll, as ‘they are not in a condition by their poverty and want of trade to pay any pairt thereof.’ The annual outlay of the Convention was at this time about £6000 Scots. Hence the total impost on Inverary would be £240, or twenty pounds sterling. For the ‘ease’ of this primitive little Highland burgh, its proportion was reduced to a fourth.

The burghs used to have very curious arrangements amongst themselves: thus, the statute Ell was kept in Edinburgh; Linlithgow had charge of the standard Firlot; Lanark of the Stoneweight; while the regulation Pint-stoup was confided to Stirling. A special measure for coal, for service in the customs, was the Chalder of Culross. The burgh of Peebles had, from old time, the privilege of seizing ‘all light weights, short ellwands, and 52|1691.| other insufficient goods, in all the fairs and mercats within the shire of Teviotdale.’ They complained, in 1696, of the Earl of Traquair having interfered with their rights, and a committee was appointed to deal with his lordship on the subject.^[62]

To these notices it may be added that the northern burgh of Dingwall, which is now a handsome thriving town, was reduced to so great poverty in 1704 as not to be able to send a commissioner to the Convention. ‘There was two shillings Scots of the ten pounds then divided amongst the burghs, added to the shilling we used formerly to be in the taxt roll [that is, in addition to the one shilling Scots we formerly used to pay on every hundred pounds Scots raised for general purposes, we had to pay two shillings Scots of the new taxation of ten pounds then assessed upon the burghs], the stenting whereof was so heavy upon the inhabitants, that a great many of them have deserted the town, which is almost turned desolate, as is weel known to all our neighbours; and there is hardly anything to be seen but the ruins of old houses, and the few inhabitants that are left, having now no manner of trade, live only by labouring the neighbouring lands, and our inhabitants are still daily deserting us.’ Such was the account the town gave of itself in a petition to the Convention of Burghs in 1724.^[63]

Though Dingwall is only twenty-one and a half miles to the northward of Inverness, so little travelling was there in those days, that scarcely anything was known by the one place regarding the other. It is at this day a subject of jocose allusion at Inverness, that they at one time sent a deputation to see Dingwall, and inquire about it, as a person in comfortable circumstances might send to ask after a poor person in a neighbouring alley. Such a proceeding actually took place in 1733, and the report brought back was to the effect, that Dingwall had no trade, though ‘there were one or two inclined to carry on trade if they had a harbour;’ that the place had no prison; and for want of a bridge across an adjacent lake, the people were kept from both kirk and market.^[64]

July 23.

Licence was granted by the Privy Council to Dr Andrew Brown to print, and have sole right of printing, a treatise he had written, entitled A Vindicatorie Schedule about the New Cure of Fevers.^[65]

1691.

53This Dr Andrew Brown, commonly called Dolphington, from his estate in Lanarkshire, was an Edinburgh physician, eminent in practice, and additionally notable for the effort he made in the above-mentioned work to introduce Sydenham’s treatment of fevers—that is, to use antimonial emetics in the first stage of the disorder. ‘This book and its author’s energetic advocacy of its principles by his other writings and by his practice, gave rise to a fierce controversy, and in the library of the Edinburgh College of Physicians there is a stout shabby little volume of pamphlets on both sides—“Replies” and “Short Answers,” and “Refutations,” and “Surveys,” and “Looking-glasses,” “Defences,” “Letters,” “Epilogues,” &c., lively and furious once, but now resting as quietly together as their authors are in the Old Greyfriars’ Churchyard, having long ceased from troubling. There is much curious, rude, hard-headed, bad-Englished stuff in them, with their wretched paper and print, and general ugliness; much also to make us thankful that we are in our own now, not their then. Such tearing away, with strenuous logic and good learning, at mere clouds and shadows, with occasional lucid intervals of sense, observation, and wit!’^[66]

Dolphington states in his book that he visited Dr Sydenham in London, to study his system under him, in 1687, and presently after returning to Edinburgh, introduced the practice concerning fevers, with such success, that of many cases none but one had remained uncured.

Some idea of an amateur unlicensed medical practice at this time may be obtained from a small book which had a great circulation in Scotland in the early part of the eighteenth century. It used to be commonly called Tippermallochs Receipts, being the production of ‘the Famous John Moncrieff of Tippermalloch’ in Strathearn, ‘a worthy and ingenious gentleman,’ as the preface describes him, whose ‘extraordinary skill in physic and successful and beneficial practice therein’ were so well known, ‘that few readers, in this country at least, can be supposed ignorant thereof.’^[67]

When a modern man glances over the pages of this dusky 54|1691.| ill-printed little volume, he is at a loss to believe that it ever could have been the medical vade-mecum of respectable families, as we are assured it was. It has a classification of diseases under the parts of the human system, the head, the breast, the stomach, &c., presenting under each a mere list of cures, with scarcely ever a remark on special conditions, or even a tolerable indication of the quantity of any medicine to be used. The therapeutics of Tippermalloch include simples which are now never heard of in medicine, and may be divided into things capable of affecting the human system, and things of purely imaginary efficacy, a large portion of both kinds being articles of such a disgusting character as could not but have doubled the pain and hardship of all ailments in which they were exhibited. For cold distemper of the brain, for instance, we have snails, bruised in their shells, to be applied to the forehead; and for pestilential fever, a cataplasm of the same stuff to be laid on the soles of the feet. Paralysis calls for the parts being anointed with ‘convenient ointments’ of (among other things) earthworms. For decay of the hair, mortals are enjoined to ‘make a lee of the burnt ashes of dove’s dung, and wash the head;’ but ‘ashes of little frogs’ will do as well. Yellow hair, formerly a desired peculiarity, was to be secured by a wash composed of the ashes of the ivy-tree, and a fair complexion by ‘the distilled water of snails.’ To make the whole face well coloured, you are coolly recommended to apply to it ‘the liver of a sheep fresh and hot.’ ‘Burn the whole skin of a hare with the ears and nails: the powder thereof, being given hot, cureth the lethargy perfectly.’ ‘Powder of a man’s bones burnt, chiefly of the skull that is found in the earth, cureth the epilepsy: the bones of a man cure a man; the bones of a woman cure a woman.’ The excreta of various animals figure largely in Tippermalloch’s pharmacopœia, even to a bath of a certain kind for iliac passion: ‘this,’ says he, ‘marvellously expelleth wind.’ It is impossible, however, to give any adequate idea of the horrible things adverted to by the sage Moncrieff, either in respect of diseases or their cures. All I will say further on this matter is, that if there be any one who thinks modern delicacy a bad exchange for the plain-spokenness of our forefathers, let him glance at the pages of John Moncrieff of Tippermalloch, and a change of opinion is certain.

In the department of purely illusive recipes, we have for wakefulness or coma, ‘living creatures applied to the head to dissolve the humour;’ for mania, amulets to be worn about the neck; and a girdle of wolf’s skin certified as a complete preventive of 55|1691.| epilepsy. We are told that ‘ants’ eggs mixed with the juice of an onion, dropped into the ear, do cure the oldest deafness,’ and that ‘the blood of a wild goat given to ten drops of carduus-water doth powerfully discuss the pleurisy.’ It is indicated under measles, that ‘many keep an ewe or wedder in their chamber or on the bed, because these creatures are easily infected, and draw the venom to themselves, by which means some ease may happen to the sick person.’ In like manner, for colic a live duck, frog, or sucking-dog applied to the part, ‘draweth all the evil to itself, and dieth.’ The twenty-first article recommended for bleeding at the nose is hare’s hair and vinegar stuffed in; ‘I myself know this to be the best of anything known.’ He is equally sure that the flowing blood of a wound may be repelled by the blood of a cow put into the wound, or by carrying a jasper in the hand; while for a depraved appetite nothing is required but the stone ætites bound to the arm. Sed jam satis.

In Analecta Scotica is to be found a dream about battles and ambassadors by Sir J. Moncrieff of Tippermalloch, who at his death in 1714, when eighty-six years of age, believed it was just about to be fulfilled. The writer, who signs himself William Moncrieff, and dates from Perth, says of Tippermalloch: ‘The gentleman was, by all who knew him, esteemed to be eminently pious. He spent much of his time in reading the Scripture—his delight was in the law of the Lord. The character of the blessed man did belong to him, for in that he did meditate day and night, and his conversation was suitable thereto—his leaf did not wither—he was fat and flourishing in his old age.’^[68]

Aug. 11.

Dame Mary Norvill, widow of Sir David Falconer, president of the Court of Session, and now wife of John Home of Ninewells, was obliged to petition the Privy Council for maintenance to her children by her first husband, their uncle, the Laird of Glenfarquhar, having failed to make any right arrangement in their behalf. From what the lords ordained, we get an idea of the sums then considered as proper allowances for the support and education of a set of children of good fortune. David, the eldest son, ten years of age, heir to his father’s estate of 12,565 merks (about £698 sterling) per annum, over and above the widow’s jointure, was to be allowed ‘for bed and board, clothing, and other necessaries, and for educating him at schools and colleges as becomes 56|1691.| his quality, with a pedagogue and a boy to attend him, the sum of a thousand merks yearly (£55, 11s. 1⅓d. sterling).’ To Mistress Margaret, twelve and a half years old, whose portion is twelve thousand merks, they assigned an aliment for ‘bed and board, clothing, and other necessaries, and for her education at schools and otherwise as becomes her quality,’ five hundred merks per annum (£27, 15s. 6½d. sterling). Mistress Mary, the second daughter, eleven years of age, with a portion of ten thousand merks, was allowed for ‘aliment and education’ four hundred and fifty merks. For Alexander, the second son, nine years of age, with a provision of fifteen thousand merks, there was allowed, annually, six hundred merks. Mistress Katherine, the third daughter, eight years of age, and Mistress Elizabeth, seven years of age, with portions of eight thousand merks each, were ordained each an annual allowance of three hundred and sixty merks. George, the third son, six years old, with a provision of ten thousand merks, was to have four hundred merks per annum. These payments to be made to John Home and his lady, while the children should dwell with them.^[69]

‘Mistress Katherine’ became the wife of Mr Home’s son Joseph, and in 1711 gave birth to the celebrated philosopher, David Hume. Her brother succeeded a collateral relative as Lord Falconer of Halkerton, and was the lineal ancestor of the present Earl of Kintore. It is rather remarkable that the great philosopher’s connection with nobility has been in a manner overlooked by his biographers.

That the sums paid for the young Falconers, mean as they now appear, were in accordance with the ideas of the age, appears from other examples. Of these, two may be adduced:

The Laird of Langton, ‘who had gotten himself served tutor-of-law’ to two young persons named Cockburn, fell about this time into ‘ill circumstances.’ There then survived but one of his wards—a girl named Ann Cockburn—and it appeared proper to her uncle, Lord Crossrig, that she should not be allowed to stay with a broken man. He accordingly, though with some difficulty, and at some expense, got the tutory transferred to himself. ‘When Ann Cockburn,’ he says, ‘came to my house, I did within a short time put her to Mrs Shiens, mistress of manners, where she was, as I remember, about two years, at £5 sterling in the quarter, besides presents. Thereafter she 57|1691.| stayed with me some years, and then she was boarded with the Lady Harvieston, then after with Wallyford, where she still is, at £3 sterling per quarter.’^[70]

In 1700, the Laird of Kilravock, in Nairnshire, paid an account to Elizabeth Straiton, Edinburgh, for a quarter’s education to his daughter Margaret Rose; including, for board, £60; dancing, £14, 10s.; ‘singing and playing and virginalls,’ £11, 12s.; writing, £6; ‘satin seame,’ £6; a set of wax-fruits, £6; and a ‘looking-glass that she broke,’ £4, 16s.; all Scots money.^[71]

It thus appears that both Mrs Shiens and Mrs Straiton charged only £5 sterling per quarter for a young lady’s board.

The subject is further illustrated by the provision made by the Privy Council, in March 1695, for the widowed Viscountess of Arbuthnot (Anne, daughter of the Earl of Sutherland), who had been left with seven children all under age, and whose husband’s testament had been ‘reduced.’ In her petition, the viscountess represented that the estate was twenty-four thousand merks per annum (£1333 sterling). ‘My lord, being now eight years of age, has a governor and a servant; her two eldest daughters, the one being eleven, and the other ten years of age, and capable of all manner of schooling, they must have at least one servant; as for the youngest son and three youngest daughters, they are yet within the years of seven, so each of them must have a woman to wait upon them.’ Lady Arbuthnot was provided with a jointure of twenty-five chalders of victual; and as her jointure-house was ruinous, she desired leave to occupy the family mansion of Arbuthnot House, which her son was not himself of an age to possess.

The Lords, having inquired into and considered the relative circumstances, ordained that two thousand pounds Scots (£166, 13s. 4d. sterling) should be paid to Lady Arbuthnot out of the estate for the maintenance of her children, including the young lord.

The lady soon after dying, the earl her father came in her place as keeper of the children at the same allowance.^[72]

Dec.

The Quakers residing at Glasgow gave in to the Privy Council a representation of the treatment they received at the hands of their neighbours. It was set forth, that the severe dealings with 58|1691.| the consciences of men under the late government had brought about a revolution, and some very tragical doings. Now, when at last the people had wrestled out from beneath their grievances, ‘it was matter of surprise that those who had complained most thereupon should now be found acting the parts of their own persecutors against the petitioners [the Quakers].’ It were too tedious to detail ‘what they have suffered since the change of the government, through all parts of the nation, by beating, stoning, and other abuses,’ In Glasgow, however, ‘their usage had been liker French dragoons’ usage, and furious rabbling, than anything that dare own the title of Christianity.’ Even there they would have endured in silence ‘the beating, stoning, dragging, and the like which they received from the rabble,’ were it not that magistrates connived at and homologated these persecutions, and their continued silence might seem to justify such doings. They then proceeded to narrate that, on the 12th of November, ‘being met together in their hired house for no other end under heaven than to wait upon and worship their God,’ a company of Presbyterian church elders, ‘attended with the rude rabble of the town, haled them to James Sloss, bailie, who, for no other cause than their said meeting, dragged them to prison, where some of them were kept the space of eight days.’ During that time, undoubted bail was offered for them, but refused, ‘unless they should give it under their hand [that] they should never meet again there.’ At the same time, their meeting-house had been plundered, and even yet the restoration of their seats was refused. ‘This using of men that are free lieges would, in the case of others, be thought a very great riot,’ &c.

The feeling of the supreme administrative body in Scotland on this set of occurrences, is chiefly marked by what they did not do. They recommended to the Glasgow magistrates that, if any forms had been taken away from the Quakers, they should be given back!^[73]

There were no bounds to the horror with which sincere Presbyterians regarded Quakerism in those days. Even in their limited capacity as disowners of all church-politics, they were thought to be most unchristian. Patrick Walker gravely relates an anecdote of the seer-preacher, Peden, which powerfully proves this feeling. This person, being in Ireland, was indebted one night to a Quaker for lodging. Accompanying his host to the meeting, Peden 59|1691.| observed a raven come down from the ceiling, and perch itself, to appearance, on a particular person’s head, who presently began to speak with great vehemence. From one man’s head, the appearance passed to another’s, and thence to a third. Peden told the man: ‘I always thought there was devilry amongst you, but I never thought he appeared visibly to you; but now I see it.’ The incident led to the conversion of the Quaker unto orthodox Christianity.^[74]

On the 5th of April 1694, there was a petition to the Privy Council from a man named James Macrae, professing to be a Quaker, setting forth that he had been pressed as a soldier, but could not fight, as it was contrary to his principles and conscience; wherefore, if carried to the wars, he could only be miserable in himself, while useless to others. He was ordered to be liberated, provided he should leave a substitute in his place.^[75]

It would have been interesting to see a contemporary Glasgow opinion on this case.

1692.

Irregularities of the affections were not now punished with the furious severity which, in the reign of Charles I., ordained beheading to a tailor in Currie for wedding his first wife’s half-brother’s daughter.^[76] But they were still visited with penalties much beyond what would now be thought fitting. For example, a woman of evil repute, named Margaret Paterson, having drawn aside from virtue two very young men, James and David Kennedy, sons of a late minister of the Trinity College Church, was adjudged to stand an hour in the jougs at the Tron, and then to be scourged from the Castle Hill to the Netherbow, after which a life of exile in the plantations was her portion. The two young men, having been bailed by their uncle, under assurance for five thousand merks, the entire amount of their patrimony, broke their bail rather than stand trial with their associate in guilt. There was afterwards a petition from the uncle setting forth the hardship of the case, and this was replied to with a recommendation from the lords of Justiciary to the lords of the treasury for a modification of the penalty, ‘if their lordships shall think fit.’ In the case of Alison Beaton, where the co-relative offender was a man who had married her mother’s sister, the poor woman was condemned to be scourged in like manner with 60|1692.| Paterson, and then transported to the plantations. It was a superstitious feeling which dictated such penalties for this class of offences. The true aim of jurisprudence, to repress disorders which directly affect the interests of others, and these alone, was yet far from being understood.

In January 1694, there came before the notice of the Court of Justiciary in Edinburgh, a case of curiously complicated wickedness. Daniel Nicolson, writer, and a widow named Mrs Pringle, had long carried on an infamous connection, with little effort at concealment. Out of a bad spirit towards the unoffending Jean Lands, his wife, Nicolson and Pringle, or one or other of them, caused to be forged a receipt as from her to Mr John Elliot, doctor of medicine, for some poison, designing to raise a charge against her and a sister of hers, of an attempt upon her husband’s life. The alleged facts were proved to the satisfaction of a jury, and the court, deeming the adultery aggravated by the forgery, adjudged the guilty pair to suffer in the Grassmarket—Nicolson by hanging, and Pringle by ‘having her head severed from her body.’

There were, however, curious discriminations in the judgments of the Justiciary Court. A Captain Douglas, of Sir William Douglas’s regiment, assisted by another officer and a corporal of the corps, was found guilty of a shocking assault upon a serving-maid in Glasgow, in 1697. A meaner man, or an equally important man opposed to the new government, would have, beyond a doubt, suffered the last penalty for this offence; Captain Douglas, being a gentleman, and one engaged in the king’s service, escaped with a fine of three hundred merks.^[77]

Feb. 13.

King William felt impatient at the unsubmissiveness of the Jacobite clans, chiefly Macdonalds of Glengarry, Keppoch, and Glencoe, the Grants of Glenmoriston, and the Camerons of Locheil, because it caused troops to be kept in Scotland, which he much wanted for his army in Flanders. His Scottish ministers, and particularly Sir John Dalrymple, Master of Stair, the Secretary of State, carried towards those clans feelings of constantly growing irritation, as latterly the principal obstacle to a settlement of the country under the new system of things. At length, in August 1691, the king issued an indemnity, promising pardon to all that had been in arms against him 61|1692.| before the 1st of June last, provided they should come in any time before the 1st of January next year, and swear and sign the oath of allegiance.

The letters of Sir John Dalrymple from the court at London during the remainder of the year, shew that he grudged these terms to the Highland Jacobites, and would have been happy to find that a refusal of them justified harsher measures. It never occurred to him that there was anything but obstinacy, or a hope of immediate assistance from France to enable them to set up King James again, in their hesitation to swear that they sincerely in their hearts accepted King William and Queen Mary as the sovereigns of the land equally by right and in fact. He really hoped that at least the popish clan of the Macdonalds of Glencoe would hold out beyond the proper day, so as to enable the government to make an example of them. It was all the better that the time of grace expired in the depth of winter, for ‘that,’ said he (letter to Colonel Hamilton, December 3, 1691), ‘is the proper season to maul them, in the cold long nights.’ On the 9th of January, under misinformation about their having submitted, he says: ‘I am sorry that Keppoch and M‘Ian of Glencoe^[78] are safe.’ It was the sigh of a savage at the escape of a long-watched foe. Still he understood Glengarry, Clanranald, and Glenmoriston to be holding out, and he gave orders for the troops proceeding against them, granting them at the utmost the terms of prisoners of war. In the midst of a letter on the subject, dated the 11th January,^[79] he says: ‘Just now my Lord Argyle tells me that Glencoe hath not taken the oaths; at which I rejoice—it’s a great work of charity to be exact in rooting out that damnable sect, the worst in all the Highlands.’ Delighted with the intelligence—‘it is very good news here,’ he elsewhere says—he obtained that very day a letter from the king anent the Highland rebels, commanding the troops to cut them off ‘by all manner of hostility,’ and for this end to proclaim high penalties to all who should give them assistance or protection. Particular instructions subscribed by the king followed on the 16th, permitting terms to be offered to Glengarry, whose house was strong enough to give trouble, but adding: ‘If M‘Ian of Glencoe and that tribe can be well separated from the rest, it will be a proper vindication of the public justice to extirpate that sect of thieves.’ On the same day, Dalrymple himself wrote to Colonel 62|1692.| Hill, governor of Inverlochy, ‘I shall entreat you that, for a just vengeance and public example, the thieving tribe of Glencoe be rooted out to purpose. The Earls of Argyle and Breadalbane have promised they shall have no retreat in their bounds.’ He felt, however, that it must be ‘quietly done;’ otherwise they would make shift both for their cattle and themselves. There can be no doubt what he meant; merely to harry the people, would make them worse thieves than before—they must be, he elsewhere says, ‘rooted out and cut off.’

In reality, the old chief of the Glencoe Macdonalds had sped to Inverlochy or Fort William before the end of the year, and offered his oath to the governor there, but, to his dismay, found he had come to the wrong officer. It was necessary he should go to Inverary, many miles distant, and there give in his submission to the sheriff. In great anxiety, the old man toiled his way through the wintry wild to Inverary. He had to pass within a mile of his own house, yet stopped not to enter it. After all his exertions, the sheriff being absent for two days after his arrival, it was not till the 6th of January that his oath was taken and registered. The register duly went thereafter to the Privy Council at Edinburgh; but the name of Macdonald of Glencoe was not found in it: it was afterwards discovered to have been by special pains obliterated, though still traceable.

Here, then, was that ‘sect of thieves’ formally liable to the vengeance which the secretary of state meditated against them. The commander, Livingstone, on the 23d January, wrote to Colonel Hamilton of Inverlochy garrison to proceed with his work against the Glencoe men. A detachment of the Earl of Argyle’s regiment—Campbells, hereditary enemies of the Macdonalds of Glencoe—under the command of Campbell of Glenlyon, proceeded to the valley, affecting nothing but friendly intentions, and were hospitably received. Glenlyon himself, as uncle to the wife of one of the chief’s sons, was hailed as a friend. Each morning, he called at the humble dwelling of the chief, and took his morning-draught of usquebaugh. On the evening of the 12th of February, he played at cards with the chief’s family. The final orders for the onslaught, written on the 12th at Ballachulish by Major Robert Duncanson (a Campbell also), were now in Glenlyon’s hands. They bore—‘You are to put all to the sword under seventy. You are to have a special care that the old fox and his son do on no account escape your hands. You’re to secure all avenues, that none escape; this you are to put in execution at five o’clock 63|1692.| precisely, and by that time, or very shortly after it, I’ll strive to be at you with a stronger party. If I do not come to you at five, you are not to tarry for me, but to fall on.’

Glenlyon was but too faithful to his instructions. His soldiers had their orders the night before. John Macdonald, the chief’s eldest son, observing an unusual bustle among the soldiers, took an alarm, and inquired what was meant. Glenlyon soothed his fears with a story about a movement against Glengarry, and the lad went to bed. Meanwhile, efforts were making to plant guards at all the outlets of that alpine glen; but the deep snow on the ground prevented the duty from being fully accomplished. At five, Lieutenant Lindsay came with his men to the house of the chief, who, hearing of his arrival, got out of bed to receive him. He was shot dead as he was dressing himself. Two of his people in the house shared his fate, and his wife, shamefully treated by the soldiers, died next day. At another hamlet called Auchnaion, the tacksman and his family received a volley of shot as they were sitting by their fireside, and all but one were laid dead or dying on the floor. The survivor entreated to be killed in the open air, and there succeeded in making his escape. There were similar scenes at all the other inhabited places in the glen, and before daylight, thirty-eight persons had been murdered. The rest of the people, including the chief’s eldest son, fled to the mountains, where many of them are believed to have perished. When Colonel Hamilton came at breakfast-time, he found one old man alive mourning over the bodies of the dead; and this person, though he might have been even formally exempted as above seventy, was slain on the spot. The only remaining duty of the soldiers was to burn the houses and harry the country. This was relentlessly done, two hundred horses, nine hundred cattle, and many sheep and goats being driven away.

A letter of Dalrymple, dated from London the 5th March, makes us aware that the Massacre of Glencoe was already making a sensation there. It was said that the people had been murdered in their beds, after the chief had made the required submission. The secretary professed to have known nothing of the last fact, but he was far from regretting the bloodshed. ‘All I regret is that any of the sect got away.’ When the particulars became fully known—when it was ascertained that the Campbells had gone into the glen as friends, and fallen upon the people when they were in a defenceless state and when all suspicion was lulled asleep—the transaction assumed the character which it has ever 64|1692.| since borne in the public estimation, as one of the foulest in modern history.

The Jacobites trumpeted it as an offset against the imputed severities of the late reigns. Its whole details were given in the French gazettes, as an example of the paternal government now planted in Britain. The government was compelled, in self-defence, to order an inquiry into the affair, and the report presented in 1695 fully brought out the facts as here detailed, leaving the principal odium to rest with Dalrymple. The king himself, whose signature follows close below the savage sentence, ‘If M‘Ian of Glencoe,’ &c., did not escape reproach. True it is, that so far from punishing his secretary, he soon after this report gave him a full remission, and conferred on him the teinds of the parish in which lay his principal estates.^[80]

Feb. 16.

The Privy Council had before them a petition from Lieutenant Brisbane of Sir Robert Douglas’s regiment, regarding one Archibald Baird, an Irish refugee, imprisoned at Paisley for housebreaking. The sheriff thought the probation ‘scrimp’ (scanty), and besides, was convinced that ‘extreme poverty had been a great temptation to him to commit the said crime.’ Seeing he was, moreover, ‘a proper young man fit for service,’ and ‘willing and forward to go over to Flanders to fight against the French,’ the sheriff had hitherto delayed to pronounce sentence upon him. Without any ceremony, the Council ordered that Baird be delivered to Brisbane, that he might be transported to Flanders as a soldier.

The reader will probably be amused by the sheriff’s process of ideas—first, that the crime was not proved; and, second, that it had been committed under extenuating circumstances. The leniency of the Privy Council towards such a culprit, in ordering him out of the country as a soldier, is scarcely less characteristic. The truth is, the exigencies of the government for additional military force were now greater than ever, so that scruples about methods of recruiting had come to be scarcely recognisable. Poor people confined in jail on suspicion of disaffection, were in many instances brought to a purchase of liberty by taking on as soldiers; criminals, who had pined there for months or years, half-starved, were glad to take soldiering as their punishment. Sturdy vagrants 65|1692.| were first gathered into the jails for the offence of begging, and then made to know that, only by taking their majesties’ pay, could they regain their freedom. But freedom was not to be instantly gained even in this way. The recruits were kept in jail, as well as the criminals and the disaffected—little distinction, we may well believe, observed between them. Not till ready to go on board for Flanders, were these gallant Britons permitted to breathe the fresh air.

An appearance of regard for the liberty of the subject was indeed kept up, and on the 23d February 1692, a committee of the Privy Council was appointed to go to the prisons of Edinburgh and Canongate, and inspect the recruits kept there, so as to ascertain if there were any who were unjustly detained against their will. But this was really little more than an appearance for decency’s sake, the instances of disregard for individual rights being too numerous even in their own proceedings to allow any different conclusion being arrived at.^[81]

Feb.

Two ministers at Dumfries, who had been ‘preachers before prelacy was abolished,’ gave displeasure to the populace by using the Book of Common Prayer. On a Sunday, early in this month, a party of about sixteen ‘mean country persons living about four or five miles from Dumfries, who disowned both Presbyterian and Episcopal ministers, and acknowledged none but Mr Houston,’ came and dragged these two clergymen out of the town, took from each his prayer-book, and gave them a good beating, after which they were liberated, and allowed to return home. At an early hour next morning, the same party came into the town and burned one of the books at the Cross, on which they affixed a placard, containing, we may presume, a declaration of their sentiments. The Privy Council indignantly called the provost of Dumfries before them, and while censuring him for allowing such a riot to take place, enjoined him to take care ‘that there be no occasions given for the like disorders in time coming.’ That is to say, the Privy Council did not desire the Dumfries magistrates to take any measures for preventing the attacks of ‘mean country persons’ upon unoffending clergymen using the forms of prayer sanctioned in another and connected kingdom not thirty miles distant, but to see that such clergymen were not allowed to give provocations of that kind to ‘mean country persons.’

1699. Mar.

66Dumfries had at this time another trouble on its hands. Marion Dickson in Blackshaw, Isobel Dickson in Locherwood, Agnes Dickson (daughter of Isobel), and Marion Herbertson in Mousewaldbank, had for a long time been ‘suspected of the abominable and horrid crime of witchcraft,’ and were believed to have ‘committed many grievous malefices upon several persons their neighbours and others.’ It was declared to be damnifying ‘to all good men and women living in the country thereabouts, who cannot assure themselves of safety of their lives by such frequent malefices as they commit.’

Under these circumstances, James Fraid, John Martin, William Nicolson, and Thomas Jaffrey in Blackshaw, John Dickson in Slop of Locherwoods, John Dickson in Locherwoods, and John Dickson in Overton of Locherwoods, took it upon them to apprehend the women, and carried them to be imprisoned at Dumfries by the sheriff, which, however, the sheriff did not consent to till after the six men had granted a bond engaging to prosecute. Fortified with a certificate from the presbytery of Dumfries, who were ‘fully convinced of the guilt [of the women] and of the many malefices committed by them,’ the men applied to the Privy Council for a commission to try the delinquents.

The Lords ordered the women to be transported to Edinburgh for trial.^[82]

Mar. 29.

The government beginning to relax a little the severity it had hitherto exercised towards captive Jacobites, the Earl of Perth, on a showing of the injury his health was suffering from long imprisonment in Stirling Castle, was liberated on a caution for five thousand pounds sterling, being a sum equal to the annual income of the highest nobles of the land.

William Livingstone, brother to the Viscount Kilsyth, and husband of Dundee’s widow, had been a prisoner in the Edinburgh Tolbooth from June 1689 till November 1690—seventeen months—thereafter, had lived in a chamber in Edinburgh under a sentry for a year—afterwards was allowed to live in a better lodging, and to go forth for a walk each day, but still under a guard. In this condition he now continued. The consequence of his being thus treated, and of his rents being all the time sequestrated, was a great confusion of his affairs, threatening the entire ruin of his 67|1692.| fortune. On his petition, the Council now allowed him ‘to go abroad under a sentinel each day from morning to evening furth of the house of Andrew Smith, periwig-maker, at the head of Niddry’s Wynd, in Edinburgh, to which he is confined,’ he finding caution under fifteen hundred pounds sterling to continue a true prisoner as heretofore; at the same time, the sequestration of his rents was departed from.

On the 19th April, Mr Livingstone was allowed to visit Kilsyth under a guard of dragoons, in order to arrange some affairs. But this leniency was of short duration. We soon after find him again in strict confinement in Edinburgh Castle; nor was it till September 1693, that, on an earnest petition setting forth his declining health, he was allowed to be confined to ‘a chamber in the house of Mistress Lyell, in the Parliament Close,’ he giving large bail for his peaceable behaviour. This, again, came to a speedy end, for, being soon after ordered to re-enter his strait confinement in the Castle, he petitioned to be allowed the Canongate Jail instead, and was permitted, as something a shade less wretched than the Castle, to become a prisoner in the Edinburgh Tolbooth. On the 4th of January 1693, he was again allowed the room in the Parliament Close, but on the 8th of February this was exchanged for Stirling Castle. In the course of the first five years of British liberty, Mr Livingstone must have acquired a tolerably extensive acquaintance with the various forms and modes of imprisonment, so far as these existed in the northern section of the island.

Captain John Crighton, once a dragoon in the service of King James, and whose memoirs were afterwards written from his own information by Swift, was kept in jail for twenty-one months after June 1689; then for ten months in a house under a sentinel; since that time in a house, with permission to get a daily walk; ‘which long imprisonment and restraint has been very grievous and expensive to the petitioner (Crighton),’ and ‘has redacted him and his small family to a great deal of misery and want, being a stranger in this kingdom.’ His restraint was likewise relaxed on his giving caution to the extent of a hundred pounds to remain a true prisoner.

Soon after arose the alarm of invasion from France, and all the severities against the suspected Jacobites were renewed. William Livingstone was, in June, confined once more to his chamber at the periwig-maker’s, and Captain John Crighton had to return to a similar restraint. The Earl of Perth, so recently liberated from 68|1691.| Stirling Castle, was again placed there. At that time, there were confined in Edinburgh Castle the Earls of Seaforth and Home, the Lord Bellenden, and Paterson, Ex-archbishop of Glasgow. In Stirling Castle, besides Lord Perth, lay his relation, Sir John Drummond of Machany,^[83] and the Viscount Frendraught, the latter having only six hundred merks per annum (about £34), so that it became of importance that his wife should be allowed to come in and live with him, instead of requiring a separate maintenance; to so low a point had civil broils and private animosities brought this once flourishing family. Neville Payne lay a wretched prisoner in Edinburgh Castle. Sir Robert Grierson of Lagg was contracting sore ailments under protracted confinement in the Canongate Jail. A great number of other men were undergoing their second, and even their third year of confinement, in mean and filthy tolbooths, where their health was unavoidably impaired.

On the 2d of June, Crighton gave in a petition reciting that he had been again put under restraint, and for no just cause, as he had always since the Revolution been favourable to the new government, and on the proclamation of the Convention, had deserted his old service in the Castle, bringing with him thirty-nine soldiers. He was relieved from close confinement, and ordered to be subjected to trial. On the 10th of June, he was ordered to be set at liberty, on caution. Less than two months after, failing to appear on summons, his bond for £100 was forfeited, and the money, when obtained from his security, to be given to Adair the geographer.

On the 14th of June 1692, Captain Wallace represented that he had now been three years a captive, ‘whereby his health is impaired, his body weakened, and his small fortune entirely ruined.’ ‘Yet hitherto, there has been no process against him.’ He entreated that he might be liberated on signing ‘a volunteer banishment,’ and he would ‘never cease to pray that God may bless the nation with ane lasting peace, of [which] he would never be a disturber.’ An order for a process against him was issued.

It was difficult, however, even for the Scottish Privy Council to make a charge of treason against an officer whose only fault was that, being appointed by a lawful authority to defend a post, he had performed the duty assigned to him, albeit at the expense 69|1692.| of a few lives to the rabble which he was commanded to resist. Still, when the solicitor-general, Lockhart, told them he could not process Captain Wallace for treason ‘without a special warrant to that effect,’ they divided on the subject, and the negative was only carried by a majority.^[84]

Apr. 25.

Happened an affair of private war and violence, supposed to be the last that took place in the county of Renfrew. John Maxwell of Dargavel had ever since the Reformation possessed a seat and desk in the kirk of Erskine, along with a right to bury in the subjacent ground. William Hamilton of Orbieston, proprietor of the estate of Erskine, disputed the title of Dargavel to these properties or privileges, and it came to a high quarrel between the two gentlemen. Finding at length that Dargavel would not peaceably give up what he and his ancestors had so long possessed, Orbieston—who, by the way, was a partisan of the old dynasty, and perhaps generally old-fashioned in his ideas—resolved to drive his neighbour out of it by force. A complaint, afterwards drawn up by Dargavel for the Privy Council, states that William Hamilton of Orbieston, George Maxwell, bailie of Kilpatrick, Robert Laing, miller in Duntocher, John Shaw of Bargarran, Gavin Walkingshaw, sometime of that ilk, came, with about a hundred other persons, ‘all armed with guns, pistols, swords, bayonets, and other weapons invasive,’ and, having appointed George Maxwell, ‘Orbieston’s own bailie-depute,’ to march at their head, they advanced in military order, and with drums beating and trumpets sounding, to the parish kirk of Erskine, where, ‘in a most insolent and violent manner, they did, at their own hand, and without any order of law, remove and take away the complainer’s seat and dask, and sacrilegiously bring away the stones that were lying upon the graves of the complainer’s predecessors, and beat and strike several of the complainer’s tenants and others, who came in peaceable manner to persuade them to desist from such unwarrantable violence.’

Dargavel instantly proceeded with measures for obtaining redress from the Privy Council, when his chief, Sir John Maxwell of Pollock, a member of that all-powerful body, interfered to bring about an agreement between the disputants. With the consent of the Earl of Glencairn, principal heritor of the parish, Dargavel ‘yielded for peace-sake to remove his seat from that 70|1692.| place of the kirk, where it had stood for many generations;’ while Orbieston on his part agreed that Dargavel ‘should retain his room of burial-place in the east end of the kirk, with allowance to rail it in, and strike out a door upon the gable of it, as he should see convenient.’ This did not, however, end the controversy.

The first glimpse of further procedure which we obtain is from a letter of John Shaw of Bargarran, professing to be a friend of both parties, though he had appeared amongst the armed party led by Orbieston’s bailie-depute. He writes, 23d August, as follows to William Cunningham of Craigends, a decided friend of Dargavel: ‘Sir—The Laird of Orbieston heard when he was last here that Dargavel was intendit to put through a door to his burial-place, which will be (as he says) very inconvenient for Orbieston’s laft [gallery]; so he desired me to acquaint you therewith, that ye wold deall with Dargavel to forbear; otherways he wold take it very ill, and has given orders to some people here to stop his design, if he do it not willingly; wherefor, to prevent further trouble and emulation betwixt the two gentlemen, ye wold do well to advyse him to the contrair either by a lyn or advyse, as ye think most proper. I desyre not to be seen in this, because they are both my friends, and I a weel-wisher to them both. I thought to have waited on you myself; bot, being uncertain of your being at home, gives you the trouble of this lyne, which is all from, sir, your most humble servant, J. Shaw. Ye wold do this so soon as possible.’

There are letters from Craigends to Dargavel, strongly indicating the likelihood that violent measures would again be resorted to by Orbieston, and advising how these might best be met and resisted. But the remainder of the affair seems to have been peaceable. Orbieston applied to the Privy Council for an order to stop Dargavel, apparently proceeding upon the rule long established, but little obeyed, against burying in churches; and the Council did send an order, dated the 29th August, ‘requiring you to desist from striking any door or breaking any part of the church-wall of Erskine, until your right and Orbieston’s right be discusst by the judges competent for preventing further abuse.’ Dargavel immediately sent a petition, shewing how he was only acting upon an agreement with Orbieston, and hereupon the former order was recalled, and Dargavel permitted to have the access he required, however incommodious it might be to Orbieston’s ‘laft.’^[85]

1692. May 10.

71The prisoners in the Canongate Tolbooth forced the key from the jailer, and took possession of their prison, which they held out against the magistrates for a brief space. A committee of Privy Council was ordered to go and inquire who had been guilty of this act of rebellion.^[86] Viewing the manner in which jails were provided, there can be no doubt that it was a rebellion of the stomach.

May 17.

Under our present multiplication of newspapers, a piece of false intelligence is so quickly detected, that there is no temptation for the most perverse politician to put such a thing in circulation. In King William’s days, when the printed newspaper barely existed, and the few who were curious about state-affairs had to content themselves with what was called a news-letter—a written circular emanating from a centre in London—a falsehood would now and then prove serviceable to a party, particularly a depressed one.

We get an idea of a piece of the social economy of the time under notice, from a small matter which came under the attention of the Privy Council. William Murray kept a tavern in the Canongate. Each post brought him a news-letter for the gratification of his customers, and which doubtless served to maintain their allegiance to his butt of claret. Just at this time, when there were alarms of an invasion from France, a lie about preparations on the French shore was worth its ink. The lord high chancellor now informed the Council that Murray’s letter was generally full of false news; that he caused destroy the one brought by last post, merely to keep Murray out of trouble; and he had kept up the one just come, ‘in respect there is a paper therein full of cyphers which cannot be read.’ Matters having now become so serious, he had caused Murray to be brought before the Council.

Murray declared before a committee ‘he knows not what person writes the news-letter to him ... he never writes any news from this to London ... he knows not what the cyphers in the paper sent in his letter with this post does signify.’ They sent him under care of a macer to the Tolbooth, to be kept there in close prison, and his papers at home to be searched for matter against their majesties or the government.

On the 2d of June, William Murray represented that he had 72|1692.| now been a fortnight in jail, and his poor family would be ruined if he did not immediately regain his liberty. The Council caused him to be examined about the cypher-letter, and asked who was his correspondent. We do not learn what satisfaction he gave on these points; but a week later, he was liberated.

On the 15th November, the Privy Council ordered the magistrates of Edinburgh to shut up the Exchange Coffee-house, and bring the keys to them, ‘in respect of the seditious news vented in and dispersed from the said coffee-house.’ A month after, the owners, Gilbert Fyfe and James Marjoribanks, merchants, shewed that, some of their news-letters having once before been kept up from them on account of the offensive contents, they had changed their correspondent, in order that the government might have no such fault to find with them. Moved, however, by malice against them, their old correspondent had addressed to them a letter sure by its contents to bring them into trouble with the officers of state, and it had been the cause of their house being shut up accordingly. Seeing how innocently on their part this had come about, and how prejudicial it was to their interest, the men petitioned for re-possession of their house, which was granted, under caution that they were to vent no news until it was approved of by their majesties’ solicitor, or whoever the Privy Council might appoint, ‘the reviser always setting his name thereto, or at least ane other mark, as having revised the same.’

Not long after, we find the Council in such trouble on account of false news as to be under the necessity of considering some general measure on the subject.

In December, one William Davidson, described as a ‘writer,’ was taken up and put into the Tolbooth of Edinburgh, ‘for writing and spreading of lies and false news;’ and the Privy Council issued an order ‘for delivering of the said William to ane of the officers come from Flanders, to have been carried there as a soldier.’ On its appearing, however, that William ‘is but a silly cripple boy, having had his leg and thigh-bones broke,’ they ordered the magistrates of Edinburgh to banish him from their city, ‘in case they shall find him guilty of the said crime.’

On the 12th of July 1694, we hear something more of this William Davidson. For inadvertently adding to a news-letter a postscript ‘bearing some foolish thing offensive to the government, without affirming whether it was true or false, but only that it was reported,’ he had been condemned to banishment from the city, and also disinherited by a Whiggish father, now 73|1692.| deceased. He had since lived upon the charity of his relations and acquaintances; but these were now weary of maintaining him, and he was consequently ‘redacted to extream misery.’ Having broken his thigh-bone six several times, he was incapable of any employment but that of writing in a chamber, from which, however, he was debarred by his banishment from Edinburgh. He therefore craved a relaxation of his sentence, offering ‘to take the oath of allegiance and subscribe the assurance, to evidence his sincerity towards the government.’ The poor lad’s petition was complied with.^[87]

July.

Sir James Carmichael of Bonnyton, a minor, was proprietor of the lands of Thankerton, lying on the north side of the river Clyde, in the upper ward of Lanarkshire. The Clyde had been the march between his estate and those of the adjacent proprietors—Chancellor of Shieldhill, and George Kellie in Quothquan; but ‘rivers are bad neighbours and unfaithful boundaries, as Lucan says of the Po,’^[88] and there had happened a mutatio alvei about fifty years before, in consequence of a violent flood, and now a part of Bonnyton lands was thrown on the opposite side. Under the name of the Park-holm, it had lain neglected for many years; but at length, in 1688, the present laird’s father sowed and reaped it; whereupon the opposite neighbours, considering it as theirs, resolved to assert their right to it. At the date noted, they came eighty strong, ‘resolved to take advantage of Sir James his infancy, and by open bangstry and violence to turn him and his tenants out of his possession.’ Their arms were ‘pitchforks, great staves, scythes, pistols, swords, and mastive dogs.’ In a rude and violent manner, they cut down ‘the whole growth of fourteen bolls sowing of corn or thereby,’ drove it home to their own houses, and there made use of it in bedding their cattle, or threw it upon the dunghills. Thus, ‘corns which would have yielded at least nine hundred bolls oats at eight pounds Scots the boll, were rendered altogether useless for man or beast.’ During the progress of this plunder, the tenants were confined to their houses under a guard. So it was altogether a riot and oppression, inferring severe punishment, which was accordingly called for by the curators of the young landlord.

The Council, having heard both parties, found the riot proven, and ordained Chancellor of Shieldhill to pay three hundred merks 74|1692.| to the pursuer.^[89] Afterwards (December 26, 1695), the Lords of Session confirmed the claim of Bonnyton to the Park-holm.^[90]

In this year died the Viscountess Stair—born Margaret Ross of Balniel, in Wigtonshire—the wife of the ablest man of his age and country, and mother of a race which has included an extraordinary number of men of talent and official distinction. The pair had been married very nearly fifty years, and they were tenderly attached to the last. The glories of the family history had not been quite free of shade; witness the tragical death of the eldest daughter Janet, the original of Lucy Ashton in The Bride of Lammermoor.^[91] Lady Stair is admitted to have been a woman of a soaring mind, of great shrewdness and energy of character, and skilled in the ways of the world; and to these qualities on her part it was perhaps, in part, owing that her family, on the whole, prospered so remarkably. The public, however, had such a sense of her singular power over fortune, as to believe that she possessed necromantic gifts, and trafficked with the Evil One. An order which she left at her death regarding the disposal of her body, helped to confirm this popular notion. ‘She desired that she might not be put under ground, but that her coffin should stand upright on one end of it, promising that, while she remained in that situation, the Dalrymples should continue to flourish. What was the old lady’s motive for the request, or whether she really made such a promise, I shall not take upon me to determine; but it’s certain her coffin stands upright in the aile of the church of Kirkliston, the burial-place of the family.’^[92]

A local historian attributes to her ladyship ‘one of the best puns extant. Graham of Claverhouse (commonly pronounced Clavers) was appointed sheriff of Wigtonshire in 1682. On one occasion, when this violent persecutor had been inveighing, in her presence, against our illustrious reformer, she said: “Why are you so severe on the character of John Knox? You are both reformers: he gained his point by clavers [talk]; you attempt to gain yours by knocks.”’^[93]

Aug. 13.

The boy carrying the post-bag on its last stage from England 75|1692.| was robbed by ‘a person mounted on horseback with a sword about him, and another person on foot with a pistol in his hand, upon the highway from Haddington to Edinburgh, near that place thereof called Jock’s Lodge [a mile from town], about ten hours of the night.’ The robbers took ‘the packet or common mail with the horse whereon the boy rode.’ The Privy Council issued a proclamation, offering a reward of a hundred pounds for the apprehension of the offenders, with a free pardon to any one of them who should inform upon the rest.

Oct. 1.

The troubles arising from corporation privileges were in these old times incessant. Any attempt by an unfreeman to execute work within the charmed circle was met with the sternest measures of repression and punishment, often involving great suffering to poor industrious men. Indeed, there is perhaps no class of facts more calculated than this to disenchant modern people out of the idea that the days of old were days of mutual kindliness and brothership.

At the date noted, one William Somerville, a wright-burgess of Edinburgh, was engaged in some repairs upon the mansion of the Earl of Roxburgh, in the Canongate, when Thomas Kinloch, deacon of the wrights of that jurisdiction, came with assistants, and in a violent manner took away the whole of the tools which the workmen were using. This was done as a check to Edinburgh wrights coming and doing work in a district of which they were not free. Somerville, two days after, made a formal demand for the restoration of his ‘looms;’ but they were positively refused. The Earl of Roxburgh was a minor; but his curators felt aggrieved by Kinloch’s procedure, and accordingly concurred with Somerville in charging the Canongate deacon, before the Privy Council, with the commission of riot and oppression in the earl’s house. Apparently, if the Roxburgh mansion had been subject to the jurisdiction of the Canongate, the Council could not have given any redress; but it so happened, that when the earl’s ancestor, in 1636, gave up the superiority of the Canongate, he reserved his house as to be holden of the crown; therefore, the Canongate corporations had no title to interfere with the good pleasure of his lordship in the selection of workmen to do work in his house. The Council remitted this point of law to the Court of Session; but meanwhile ordered the restoration of Somerville’s tools.^[94]

1692.

76As an example of the troubles connected with mercantile privilege, it may be well to introduce one simple case of the treatment of an interloper by the Merchant Company of Edinburgh, the members of which were the sole legalised dealers in cloth of all kinds in the city. In June 1699, it was reported to the Company that one Mary Flaikfield, who had formerly been found selling goods ‘off the mercat-day,’ and enacted herself to desist from the practice, had been found sinning again in the same manner. She was detected in selling some plaids and eight pieces of muslin to a stranger, and the goods were seized and deposited in the Merchants’ Hall.

The poor woman at first alleged that she had only been conversing with this stranger, while the goods chanced to be lying beside her, and the Company was wrought upon to give back her goods, all except two pieces of the muslin, which they said they would detain till Mary could prove what she alleged.

Presently, however, there was a change in their mood, for John Corsbie came forward with information that Mary Flaikfield was really a notable interloper. The very person she was lately detected in dealing with, she had wiled away from Corsbie’s own shop, where he was about to buy the same goods. She was accustomed to sell a good deal to the family of Lord Halcraig. Then she had not appeared to prove her innocence. ‘The vote was put: “Roup the two pieces of muslin or not?” and it carried “Roup.” Accordingly, the muslin being measured, and found to be twenty-two ells, and ane hour-glass being set up, several persons bid for the same. The greatest offer made was fourteen shillings per ell, which offer was made by Francis Brodie, treasurer—the time being run—the said offer was three several times cried out, and the said two pieces of muslin were declared to belong to him for £15, 8s. [Scots]; but if she compear and relieve the same before the next meeting, allows her to have her goods in payment of the above sum.’

At the meeting of the ensuing week, Mary Flaikfield not having come forward to redeem her muslin, the treasurer was instructed to dispose of it as he should think fit, and be comptable to the Company for £15, 8s. Two days later, however, there was another meeting solely on account of Mary, when the Master, Bailie Warrender, and his assistants, felt that Christian charity would not allow them to proceed further. ‘Considering that Mary Flaikfield is a poor woman, big with child, and has been detained here about a fortnight, they, in point of pity and 77|1692.| compassion for her, order that her two pieces of muslin be given her back upon payment of fourteen shillings to the officer.’ She was not dismissed without a caution as to her future behaviour.^[95]

Nov.

The stranding of whales in the Firth of Forth was of such natural and frequent occurrence in early times, that a tithe of all cast ashore between Cockburnspath and the mouth of the Avon, was one of the gifts conferred by the pious David upon the Canons Augustine of Holyrood. In modern times, it may be considered as an uncommon event. At this time, however, one had embayed itself in the harbour of Limekilns, a little port near Queensferry. A litigation took place regarding the property of it, between the chancellor, the Earl of Tweeddale, as lord of the regality of Dunfermline, and Mr William Erskine, depute to the admiral, and the Lords finally adjudged it to the chancellor, with seven hundred merks as the price at which it had been sold.^[96]

Dec. 1.

The Earl of Moray, being pursued at law for a tradesman’s account, which was referred to his oath, craved the Court of Session to appoint a commission to take his oath at Dunnibrissle, on the ground that, if he were obliged to come to Edinburgh for the purpose, he should incur as much expense as the whole amount of the alleged debt. As Dunnibrissle is visible from Edinburgh across the Firth of Forth, this must be looked upon as an eccentrically economical movement on his lordship’s part. The court granted the commission, but ordained his lordship to pay any expense which might be incurred by the debtor, or his representative, in travelling to Dunnibrissle to be present at the oath-taking.^[97]

The court had occasionally not less whimsical cases before it. In February 1698, there was one regarding a copper caldron, which had been poinded, but not first taken to the Cross to be ‘appreciate.’ The defenders represented that they had done something equivalent in carrying thither a part of it—the ledges—as a symbol; following here a rule applicable with heavy movables, as where a salt-pan was represented by two nails; nay, a symbol not homogeneous, as a wisp of straw for a flock of sheep, fulfilled the law. The defence was sustained, and the poinding affirmed.^[98]

1692. Dec.

78The Privy Council had under its hands three Protestant clergymen—namely, Mr John Hay, late minister at Falkland; Mr Alexander Leslie, late minister at Crail; and Mr Patrick Middleton, late minister at Leslie—in short, three of the ‘outed’ Episcopal clergy—for not praying for William and Mary. They acknowledged that they prayed ‘only in general terms’ for the king and queen, and were therefore discharged from thereafter exercising any clerical functions, under severe penalties. Soon after, the Council judged, in the case of Mr Alexander Lundie, late minister of Cupar, who stated that, ‘having a mixed auditory, he prayed so as might please both parties.’ This style of praying, or else the manner of alluding to it, did not please the Privy Council, and Mr Lundie was ordered ‘to be carried from the bar, by the macers, to the Tolbooth, there to remain during the Council’s pleasure.’ Having lain there four days, far from all means of subsistence, while his wife was ill of a dangerous disease at home, and his family of small children required his care, Mr Lundie was fain to beg the Council’s pardon for what he had said, and so obtained his liberation also, but only with a discharge from all clerical functions till he should properly qualify himself according to act of parliament.

On the 22d of May 1693, Mr David Angus, minister of Fortrose, was before the Council on a charge that, although deprived for not praying for their majesties in terms of the act of parliament, ‘he has publicly preached and exercised the ministerial function within his own house, and parish where the same lies, and elsewhere, without qualifying himself by signing the oath of allegiance.’ So far from evidencing the sense he ought to have had of the grievous circumstances from which the nation had been relieved, by reading the proclamation of estates, he had neglected it, and prayed for King James, thus stirring up the disaffected in opposition to their majesties’ government, and discouraging their loyal subjects. These were ‘crimes which ought to be severely punished for the terror of others.’ The Lords, therefore, finding him unable to deny the alleged facts, and indisposed to engage for a different behaviour in future, confirmed his deprivation, and discharged him from preaching or exercising any ministerial function within the kingdom.

As a specimen of the equivocating prayers—Mr Charles Key, one of the ministers of South Leith, was charged, in September 1694, with using these expressions, ‘“That God would bless our king and queen, and William and Mary,” or 79|1692.| “our king and queen, William and Mary, and the rest of the royal family.”’^[99]

Dec. 31.

A great number of recruits were now drawn together to be sent to Flanders, but the vessels for their transportation were not ready. The Privy Council therefore ordered their distribution throughout the jails of Lothian and Fife, sixty, eighty, a hundred, and even more, to each tolbooth, according to its capacity—for example, two hundred and forty-four to the jails of Musselburgh, Haddington, and Leith—there to be furnished with blankets to lie on by the various magistrates. When it is known that two Jacobite gentlemen had lately petitioned for liberation from Musselburgh jail, on the ground that it did not contain a fireroom, and their health was consequently becoming ruined, it will not seem surprising that a competent troop of horse and foot had to be ordered ‘to keep guard upon the said recruits, and take care that none of them escape.’

That a good many, induced either by the hardships of their situation, or the enticements of disaffected persons, did desert the service, is certain: a strict proclamation on this subject came out in April 1694. At the same time, John M‘Lachlan, schoolmaster in Glasgow, was before the Privy Council on a charge of having induced a number of soldiers in the regiments lying at that city to desert. ‘Being disaffected,’ it was said, ‘to their majesties’ government, he has, so far as possible for thir three or four years past, made it his business to weaken the government, and to instigate and persuade several soldiers to run away.’ He did ‘forge passes for them.’ In particular, in January last, he did ‘persuade John Fergusson and John M‘Leod, soldiers in Captain Anderson’s company in Lord Strathnaver’s regiment, then lying at Glasgow, to run away and desert ... telling them that they were but beasts and fools for serving King William, for that he was sure that the late King James would be soon here again.... He had given passes to several of the regiment formerly in garrison at Glasgow, and offered to go with them to a gentlewoman’s house without the Steeple-green port, who was a cousin of his, who would secure them and receive their clothes, and furnish them with others to make their escape; and told them they were going to Flanders, and would be felled there, and so it was best for them to desert, and that he would hide their firelocks 80|1692.| underground, and give them other coats and money, and a pass to carry them safe away.’

The Council, having called evidence, and found the charge proven, sentenced M‘Lachlan to be whipped through the city of Edinburgh, and banished to the American plantations. They afterwards altered the sentence, and adjudged the Jacobite schoolmaster, instead of being whipped, to stand an hour on the pillory at Edinburgh, and an hour on the pillory at Glasgow, under the care of the hangman, with a paper on his brow, with these words written or printed thereon—‘John M‘Lachlan, schoolmaster at Glasgow, appointed to be set on the pillory at Edinburgh and Glasgow, and sent to the plantations, for seducing and debauching soldiers to run away from their colours, and desert their majesties’ service.’

Two days later, the Privy Council recommended their majesties’ advocate to prosecute M‘Lachlan before the committee anent pressed men, ‘for the disloyal and impertinent speeches uttered by him yesterday while he stood upon the pillory of Edinburgh.’ What came of this, we do not learn; but on the 3d of July there is a petition from M‘Lachlan, setting forth that, after a nineteen weeks’ imprisonment, he is sinking under sickness and infirmity, while his family are starving at home, and craving his liberty, on giving assurance that he shall not offend again against the government. His liberation was ordered.

James Hamilton, keeper of the Canongate Tolbooth (July 16, 1696), represented to the Privy Council that it had been customary for him and his predecessors to receive two shillings Scots per night for each recruit kept in the house, with a penny sterling to the servants (being 3d. sterling in all), and their lordships, in consideration of his ‘great trouble in keeping such unruly prisoners in order’—he ‘being liable to the payment of ten dollars for every man that shall make his escape’—had authorised him to take ‘obleisements’ from the officers for the payment of these dues, till lately when the authority was withdrawn. This had led to loss on the part of the petitioner, who had now spent all his own means, and further run into debt, so that, ‘through continual hazard of captions,’ he was threatened with becoming a prisoner in his own jail. He entreated payment of some arrears for General Mackay’s recruits, as well as these recent arrears, and likewise for the proper allowance for ‘the coiners and clippers,’ latterly an abundant class of prisoners, on account of the tempting condition of the coin of the realm for simulation. The Lords 81|1693.| recommended Hamilton to the treasury for payment of the monies due to him.^[100]