The system formerly adopted for keeping peace and maintaining law in the Highlands—namely, the making heads of clans answerable for their dependents and inferiors—was now declared to have been found not to answer, ‘in respect the said duty doth lie upon many persons in general, and no person doth make it his work.’ Consequently, ‘the insolency and villainy of thieves, sorners, and other wicked and lawless persons do abound and increase, to the affront of our authority and oppression of the lieges.’ The government therefore deemed it necessary to try the effect of a different plan, and granted a commission to Sir James Campbell of Lawers to use means for apprehending thieves and broken men in the Highlands, in order that they might be brought to justice. It was also arranged that when any cattle or other property was stolen, Sir James should make restitution to the owners, only taking them bound to support him in the legal processes by which he should endeavour to rescue the goods from the thieves, and get due punishment inflicted. All sheriffs, chiefs, landlords, and others were enjoined to assist and countenance Sir James in this thief-taking commission.
Eneas Lord Macdonald was afterwards conjoined with Sir James Campbell; and for his service during the year ending the 1st of September 1677, Sir James was ordered the sum of one hundred and fifty pounds! But this seems to have been regarded as rather scanty remuneration, and it was (September 8, 1677) decreed that for the fture there should be a salary of two hundred pounds to ‘ilk ane of the said two persons.’
As necessary to support the two gentlemen in their task, a garrison of a hundred soldiers was sent to Inverlochy, care being previously taken to have dwellings built for them, ‘as the house there is altogether out of repair and unlodgeable.’ The Marquis of Huntly and the Laird of Grant were called upon to exert themselves to convince the minor chiefs in their several districts that the government was now determined to put down the lawless system in the Highlands. It was intimated by other means that letters of fire and sword would be granted against any district in which gentler means had been found unavailing.
1677.
In February 1680, James M‘Nab in Achessan represented to the Privy Council that, being engaged by Sir James Campbell of Lawers to assist in apprehending Highland robbers, he had, at the hazard of his life, taken John, Callum, and Duncan M‘Gibbons, and delivered them to the governor of the garrison at Finlarig—an unusually perilous piece of duty, for which he had been promised the sum of eight hundred merks, now refused by Sir James. As a plea at law ‘against a person of such dexterity’ would have exhausted the reward, he had had no alternative but to apply to the Council. Sir James was ordered to pay the reward as claimed.—P. C. R.
A very compendious view of some of the customs of the Highlanders in the seventeenth century was given by Mr John Fraser, an Episcopal minister, author of a Treatise on Second-Sight: ‘In general they were litigious, ready to take arms upon a small occasion, very predatory, much given to tables, carding, and dicing. Their games was military exercise, and such as rendered them fittest for war, as arching, running, jumping, with and without race, swimming, continual hunting and fowling, feasting, especially upon their holidays, the which they had enough, borrowed from popery. Their marriage and funeral solemnities were much like [those of] their neighbours in the low country; only at their funerals, there was fearful howling, screeching, and crying, with very bitter lamentation, and a complete narration of the descent of the dead person, the valorous acts of himself and his predecessors, sung with tune in measure, continual piping, if the person was of any quality or professing arms. Their chiliarchy had their ushers that gaed out and came in before them, in full arms. I cannot pass by a cruel custom that’s hardly yet extinct. They played at cards or tables (to pass the time in the winter nights) in parties, perhaps four on a side; the party that lost, was obliged to make his man sit down on the midst of the floor; then there was a single-soled shoe, well plated, wherewith his antagonist was to give him [the man] six strokes on end, upon his bare loof [palm], and the doing of that with strength and art was thought gallantry.’[253]
Feb. 1.
A travelling doctor, styling himself Joannes Baptista Marentini, under licence from the king, and with the permission of the magistrates of Edinburgh, had a stage erected in that city, ‘for practising his skill in physic and otherwise.’ His term of permission being about to expire, and the magistrates unwilling to renew it, he found it necessary to apply to the Privy Council for a further term, on the ground that he needed some more time for effecting the cure of certain persons under his hands. The Council gratified him with a prolongation till the 1st of April, in order that, ‘having finished the said undertaken cures, he may the more freely, and with the greater approbation, depart from this city to some other.’
1677.