Such had been the state of affairs when Hugh Lord Lovat was taken ill, and died at Perth. The manner in which Simon Fraser represents this event, is far more characteristic of his own malignant temper, than derogating to the family upon whom he wreaks all the luxury of vengeance that words could give. Simon, it appears, had persuaded Lord Lovat to go to Dunkeld, to meet his wife, the daughter of the Marquis of Athole, in order to conduct her to Lovat. Lord Lovat, disgusted by the treachery of the Earl of Tullibardine in respect to the regiment, had refused to have anything more to do with "this savage family of Athole," as he called them, "who would certainly kill him."[129] According to an account more to be relied on than that of the scheming and perfidious Simon, the aversion which Lord Lovat imbibed during his latter days to his wife's kindred, was implanted in his mind by Simon Fraser, in order to gain his weak-minded relative over to that plot which he had formed in order to secure the estates of Lovat to his own branch of the house.[130] This, however, is the account given by Fraser of his kinsman's last illness:—
"In reality he had been only two days at Dunkeld, when he fell sick, and the Atholes, not willing to be troubled with the care of an invalid, or for some other reasons, sent him to an inn in the city of Perth, hard by the house of Dr. James Murray, a physician, the relation or creature of the Marquis of Athole, upon whom the care of Lord Lovat's person was devolved.
"The moment the Laird of Beaufort heard the news that Lord Lovat had been conducted, very ill, to the town of Perth, he set out to his assistance. But before his arrival, in consequence of the violent remedies that had been administered to him, he lost the use of his reason, and lay in his bed in a manner incapable of motion,—abandoned by his wife and the whole family of Athole, who waited for his dissolution in great tranquillity, at the house of Dr. Murray, their relation."
Lord Lovat, however, recollected his cousin, and embracing him said, "Did not I tell you, my dear Simon, that these devils would certainly kill me? See in what a condition I am!" Simon could not refrain from tears at this melancholy spectacle. He threw himself on the bed beside Lord Lovat, and did not quit him till he died the next morning in his arms. Meanwhile, not an individual of the Athole family entered his apartment after having once seen him in the desperate condition in which he had been found by the Laird of Beaufort.
Such was the state of family discord when Lord Lovat died; and it was discovered, to the consternation of the Marquis of Athole and his sons, that he had made a will in favour of his relation Thomas of Beaufort, and to the exclusion of his own daughter.
The right of Thomas of Beaufort was deemed incontestable; and not a man, it was presumed, dreamed of disputing it. Yet it was soon obvious that the Earl of Tullibardine, who had now acquired the title of Viceroy of Scotland, was determined to support a claim in behalf of the daughter of Lord Lovat, and to have her declared heiress to her father. This scheme was coupled with a design of marrying the young lady also to one of Lord Tullibardine's own sons,[131] of whom he had five, and, according to Simon Fraser, without fortune to bestow on any of his children.
The Master of Lovat, Simon Fraser, as he rightfully was now, communicated this scheme to his father, and entreated him to resist this claim. Recourse was had to several of the most able lawyers of the kingdom, and their opinion unanimously was, that Lord Tullibardine had no more right to make his "niece heiress of Lovat than to put her in possession of the throne of Scotland: that the right of Thomas of Beaufort to those honours and estates was incontrovertible, and that the King himself would not deprive him of them, except for high treason." It appears that Lord Tullibardine was satisfied of the justice of the opinion as far as the title was concerned, but he still considered that the property of the last Lord Lovat ought to descend to his daughter and heiress. The point was warmly viewed between the Earl and the Master of Lovat; but the conference ended with no farther satisfaction to either of the gentlemen than that of having each a full opportunity of reviling the other: such, at least, is the account given by one of the parties; no reasonable person will venture wholly to vouch for its accuracy, yet the dialogue does not appear improbable. This firmness and spirit threw the Lord Commissioner into a violent passion; he exclaimed in a furious tone, "I have always known you for an obstinate, insolent rascal; I don't know what should hinder me from cutting off your ears, or from throwing you into a dungeon, and bringing you to the gallows, as your treasons against the Government so richly deserve." Simon, having never before been accustomed to such language, immediately stuck his hat on his head, and laying his hand upon the hilt of his sword, was upon the point of drawing it, when he observed that Lord Tullibardine had no sword: upon this he addressed him in the following manner.
"I do not know what hinders me, knave and coward as you are, from running my sword through your body. You are well known for a poltroon, and if you had one grain of courage, you would never have chosen your ground in the midst of your guards, to insult a gentleman of a better house, and of a more honourable birth than your own; but I shall one day have my revenge. As for the paltry company that I hold in your regiment, and which I have bought dearer than ever any company was bought before,—it is the greatest disgrace to which I was ever subject, to be a moment under your command; and now, if you please, you may give it to your footman."[132]
Such was the beginning of a long course of hostilities which were thenceforth carried on between the Murrays and the clan of Fraser, and which was productive of the deepest crimes on the part of the Master of Lovat. That he was fully prepared to enter into any schemes, however desperate, to ensure the succession of the estates of Lovat, cannot be doubted. He prosecuted his designs without remorse or shame. The matter of surprise must be, that he found partisans and followers willing to aid him in crime, and that he possessed an influence over his followers little short, on their part, of infatuation.
The first suggestion that occurred to the mind of this bold and reckless man was, perhaps, a natural and certainly an innocent method of securing tranquillity to the enjoyment of his inheritance. He resolved to engage the affections of the young daughter of the late Lord Lovat, and, by an union with that lady, to satisfy himself that no doubt could arise as to his title to the estates, nor with regard to any children whom he might have in that marriage; nor was the hand of the Master of Lovat, if we put aside the important point of character, a proffer to be despised. The estate of Beaufort had long been in the possession of his father, as an appanage of a younger son; and had only been lent as a residence to Hugh Lord Lovat, on account of the ruinous state of the castle of Lovat. Downie Castle, another important fortress, also accrued to the father of Simon Lovat; and the estate of Lovat itself was one of the finest and best situated in Scotland.[133] In addition to these, the family owned the large domain of Sthratheric, which stretches along the western banks of the Ness, and comprises almost the whole circumference of that extensive and beautiful lake. The pretensions of the Master were, therefore, by no means contemptible; and as he was young, although, according to dates, ten years older than he states himself to be, in his Memoir of his life, he had every reason to augur success.