FOOTNOTES:
[1] Gartmore MS. in Appendix to Burt’s Letters.
[2] Pennant’s Tour in Scotland.
[3] As a specimen of the manner in which justice was administered in old times in the Highlands, we give the following: In the second volume of the Spalding Club Miscellany, p. 128, we read of a certain “John MacAlister, in Dell of Rothemurkus,” cited on 19th July 1594 “before the Court of Regality of Spynie.” He was “decerned by the judge—ryplie aduysit with the action of spuilzie persewit contrane him be the Baron of Kincardine, ... to have vrongouslie intromittit with and detenit the broune horse lybellit, and thairfor to content and pay to the said Complainer the soume of threttene schillings and four pennis money.” The reader will notice the delicate manner in which what looks very like a breach of the eighth commandment is spoken of in a legal document of that period. John the son of Alister “confessed” the intromission with the brown horse, but pled in defence that he “took him away ordowrlie and nocht spulyed, but be vertue of the Act of Athell, boynd for ane better horse spuilzeat be the said persewar from the said Defender.” Whether this was the truth, or whether, though it were true, John the son of Alister was justified in seizing upon the Baron’s broune horse in lieu of the one taken by the Baron from him, or whether it was that the Baron was the more powerful of the two, the judge, it will have been noticed, decerned against the said John M’Alister, not, however, ordaining him to return the horse, but to pay the Baron “thairfor” the sum of thirteen shillings.—Memorials of Clan Shaw, by Rev. W. G. Shaw, p. 24.
[4] Observations on the Present State of Highlands, by the Earl of Selkirk, p. 13.
[5] Burt’s Letters, vol. ii. p. 5.
[6] Burt’s Letters, vol. ii. p. 5.
[7] Burt’s Letters, vol. ii. pp. 341-3.
[8] Beauties of Scotland, vol. v. pp. 184, 5.
[9] Old Statistical Account of North Knapdale.