find the matters charged on the said captain Charles Hamilton in the said complaint, not appearing to have been advised, commanded, or done, in order to suppress the late unnatural rebellion, or for the preservation of the public peace, or for the safety of the government, do not fall under the late act of parliament for further indemnifying such persons as have acted in defence of his majesty's person and government during the unnatural rebellion, and therefore find the said captain Hamilton liable for the rent of the parks, set to Ker and Guthrie, for the current year; and for the value of the goods and cattle of David Ogilvy, intromitted with by him to the extent of the petitioner's hypotheck for the said David Ogilvy's rent for the current year, and remit to this week's ordinary upon the bills, to hear parties on the extent of the said rent, goods, and cattle, with power to grant a proof to both parties, and to do in the premisses as he shall find just."

The merit of this decision, so beneficial to Scotland, and so honourable to her supreme court, has always been allowed in a particular manner to belong to the lord president of that court, Duncan Forbes of Culloden; a man who did more to suppress the rebellion, than all his majesty's ministers put together, but whose advice was too little attended to in the outset, the progress, and the conclusion of the whole affair. Sir Andrew Mitchel, writing to him at this time, says, "I am persuaded that providence intends you should once more save your country; and as an earnest of it, I consider your decree in the case of captain Hamilton, the honour of which is ascribed to you though the bench were unanimous. One circumstance gives me pleasure, that the decree was made before the order of the house of lords for putting lord Lovat into possession."†

But it was not upon the persons or the properties of rebels, or suspected rebels, alone, that these outrages were committed by the army; which, in the wantonness of power, and under the intoxication of victory, seems to have had a strong desire to trample upon the country as a nation. Hence, at Inverness, only a few days after the battle of Culloden, at the execution of an officer among the rebels, who had been found to be a de

* Scots Magazine for 1746.

+ Culloden Papers, pp. 294, 295.

serter, not satisfied to see his ignominious death, an English officer drew his sword, and run it wantonly and brutally through the yet suspended, but dead body; exclaiming, in the hearing of many armed Scotishmen, who had given abundant proofs that they were as loyal as himself, that "his whole countrymen were rebels!" an act of insolence and folly which had well nigh cost him his life, along with the lives of many better and braver men, had not the duke of Cumberland been on the spot, and by prudent management, and a well-timed eulogium upon the fidelity and bravery of the Scotish part of the troops, averted the evil.* Hence too at Stirling, in the end of July, when the country was in the most perfect tranquillity, upon a paltry dispute between a lieutenant Stoyt, and a journeyman barber, about a wig, the barber was followed by the said lieutenant, and others his brother officers, into his master's house, and most brutally abused, in defiance of all his master could do to protect him. After abusing, in his own house, both master and servant, they dragged the servant to the guard, and upon the complaint of the said lieutenant Stoyt, the lieutenant colonel of the regiment, George Howard, ordered the poor barber to be tied to the halberts, and publicly whipped in the marketplace. The magistrates of Stirling waited upon colonel Howard, and remonstrated with him upon the illegality and impropriety of his conduct-required him to deliver the barber up to them, and if he had in any respect transgressed the law, declared themselves willing to do justice upon him. The colonel answered with the utmost insolence, that he had ordered the barber to be flogged, and flogged he should be, and that he would have them to know that he commanded in Stirling, with other impertinencies, equally unworthy of his character as an officer and a gentleman. The colonel, however, shortly after, by the advice, or at the request of the major of the regiment, set the barber at liberty; but not till he had undergone the cruel and ignominious punishment of a public flogging, which was inflicted upon him with the utmost severity.

Had not the Scotish spirit been greatly humbled, such an outrage in Stirling had certainly cost colonel Howard his own

• Memoirs of the Rebellion, &c. pp. 203, 204.

life, and perhaps not a few of the lives of his men; even as it was, had he been under the necessity of remaining upon the spot, he might have found his situation not the most comfortable. Unable personally to contend with colonel Howard and his whole regiment, Mr. Pollock the barber, and Maiben his servant, with the magistrates of Stirling, gave in to the court of justiciary, an information, charging lieutenant Stoyt as guilty of hamesucken, against Mr. Pollock, and Maiben his servant; colonel Howard and lieutenant Neilson of a most barbarous and cruel abuse, and maltreatment of Maiben's person, and of a manifest invasion of the magistrate's office, and of the rights and liberties of the subject, and therefore craving warrant for apprehending their persons, and imprisoning them till they should underly the law. Their lordships, however, instead of issuing, as might have been expected, a warrant for the immediate apprehension of these violent intermeddlers with the administration of justice, passed an interlocutor on the first of August, remitting to the sheriffs of the shire of Stirling, to take a precognition anent the facts complained of, and to report the same. In the meantime, care was taken to march colonel Howard and his regiment to Glasgow on the thirtieth of July, where the officers were splendidly entertained by the magistrates, and complimented with the freedom of the city; and on the first of August marched for Carlisle, where they were safe from any effects that for the present could follow from Scotish

resentment.'

On the same first of August, the troops stationed at AberIdeen took it into their heads to celebrate the accession of George I. to the throne of these realms; and the earl of Ancrum, who commanded there, sent an order to the magistrates, commanding the bells to be rung, and the windows to be illuminated. The anniversary of this day had never been observed in Scotland after the death of George I. nor had it ever been the practice there to commemorate the accession of any other than the reigning monarch. The bells were, however, rung, but no order was given for illuminating, and the town of course was not illuminated. All the officers having assembled at night

• Scots Magazine for 1746.

in a tavern, before which the soldiers were drawn up, drank the royal healths, with other loyal and appropriate toasts, under discharges of small arms. The soldiers were no sooner dismissed, than they dispersed themselves through the town, breaking windows, and committing other acts of outrage under the colour of loyalty. In consequence of this, the earl of Ancrum also was displaced in a few days by the lord Sempill. The camp at Fort Augustus broke up on the thirteenth of August, and the body of the army marched to the south, heartily tired of the country they had been occupying, and leaving the country as heartily tired of them. Lord Loudon was left at Fort Augustus with his own regiment, and seventeen companies of militia, composed of Mackays, Macleods, Monroes, Sir Alexander Macdonald's men, &c. Small detachments from this corps were stationed at Ruthven, Dalwhinnie, Dalnacardoch, and the other stations along the military road, so as to render travelling in any of the ordinary directions almost perfectly safe.

Major-general Campbell, about the same time, returned to Inveraray with the Argyleshire militia, having, in the various routes he had pursued through the rebel districts, picked up between two and three thousand stand of arms, and a considerable number of prisoners, the principal of whom were sent to England, and those of inferior note to Fort Augustus. A considerable number made their submission to general Campbell, and it was the opinion of the most of those who did so, that had all the generals conducted themselves with the same moderation as general Campbell did, there would not have been found by that time one rebel in the whole Highlands of Scotland.* Of avowed rebels the numbers were now indeed few, the principal leaders, with a few exceptions, having either made their escape, or fallen into the hands of their pursuers; those of inferior influence had nothing left but quietly to submit, and making a virtue of necessity, to do it with the best grace they might. Still there were a few of no mean note, Lochiel, Clunie, &c. lurking among the fastnesses of their native mountains, not having been able as yet to effect their escape; and

⚫ Scots Magazine for 1746.

even the pretender himself had been compelled to witness the progress and the complete consummation of that ruin which his rash and ill-conducted attempt had brought upon his devoted admirers and faithful adherents, the poor Highlanders, which he seems to have done with the most selfish apathy, having never, as far as we can discover, under all that he beheld, indulged one more generous sentiment than what immediately concerned the preservation of his own life, which was saved, as if by miracle on several occasions, not by any heroism on his part, but by the unwearied exertions, and the inextinguishable admiration of his friends. These perilous adventures have been carefully chronicled, and often enlarged upon with all the warmth of adoring enthusiasm; we shall attempt shortly to narrate them with the simplicity of truth.

We left the pretender, the fatal day of the battle at Culloden, on his route for Invergarie, where he arrived with his attendants about five o'clock on the morning of the seventeenth, but found, in anticipation of the ruin that was approaching it, the castle deserted, without furniture, and without provisions, so that they had only the bare floors to repose upon; and, but that they found a net in the lake, which upon being drawn afforded them two salmon, they must have fasted into the bargain. This day he pursued his journey through the country of Glengarie, and slept at the house of Macdonald of Droynachan, where he was again glad to regale on a broiled trout. On the eighteenth he came to Locharkaig, in Lochaber, where he lodged for the night with Cameron of Glenpean. Next day he reached Oban, in Kinlochmors, a part of Clanronald's estate, where he lay with his company in a sheeling on the edge of a wood. On the twentieth, the Sabbath, he came on his way to Arisaig, to Glenbeastal, where he remained for four days, and was waited upon by Lockhart younger of Carnwath, and a number of the gentlemen belonging to Clanronald's family, who had escaped from Culloden. Here it was where he had the message from lord George Murray, by the notorious John Hay, requesting him not to leave the country, as his friends did not by any means consider his cause as yet hopeless. Charles, however, was quite resolved, and perhaps had a good right to be so; yet, having begun with seven individuals, there was certainly some inconsistency in