1604 which the object was pointed revenge and indiscriminate plunder, supported by uniform contempt of the laws, and resistance to the magistrates. A statute was passed in the year 1633,† ordaining, that the whole of the Clan Macgregor which should be within the realm on the 15th of March thereafter, should appear before the Privy Council, and give surety for their good behaviour: that each of the clan, on arriving at the sixteenth year of his age, should appear before the Privy Council on the 24th of July, and find surety as above required: that the surname of Macgregor should be abolished, and the individuals adopt some other: that no minister should baptize a child, or clerk or notary subscribe a bond, or other security, under the name of Macgregor, under pain of deprivation.

This act was rescinded at the restoration: but it seems probable that the Macgregors had aggravated the outrages of a disorderly life by the unpardonable crime of Jacobitism. The act rescissory was annulled, and that against the Macgregors revived, in the first Parliament of William and Mary. Within these few years; however, the state of manners and of government rendered it proper that this act of proscription should be abolished for ever. The Highlanders, about the same period, were gratified in certain other trifles for entering with zeal into the service of the state when others conspired its ruin. Finally, the forfeited estates were restored to the

+ Charles I. Parl. 1.; Act 30. Charles II. Parl. 1. Sess. 1.; Unprinted Acts, William and Mary, Parl. 1. Sess. 4.; Act 39. George III. An.

heirs of the persons who were attainted for being 1604 concerned in the rebellion 1745; a measure which would have been still more generally grateful, could government have bestowed a like degree of favour on the representatives of those noble families, the descendants of those illustrious ancestors, who undoubtedly were much more innocent, much more excusable, in being concerned in the rebellion 1715.

*

Patrick Roy Macgregor, for Theft, Sorning, wilful
Fire-Raising, Robbery, and Murder.

IT necessarily resulted from the proscriptive law 1667

mentioned in the former trial, and enforced with severe penalties, that such of the clan Gregor as did not yield obedience, became outlaws; became a desperate banditti, who had no other livelihood than the booty acquired by the most criminal outrages. The profligate and rapacious habits increased by this act survived the statute itself, and gave occasion to the trial of the prisoner.

Patrick Roy Macgregor, by his activity, courage, and cruelty, had rendered himself the most celebrated of a formidable band of robbers, that long infested the Highlands. It consisted of about forty per

* Sorning was a very common crime in the uncivilized parts of the Highlands, and well known in our criminal law. It consisted in exacting free quarters by force.

+ Faculty MSS. vol. I. p. 499, 503. vol. II. p. 222, 325. 18th January, 1666, 25th March, 1667.

U

1667 sons, whose stile of life had nourished a strength and activity of body, and a cruelty of disposition, displayed in wanton outrages against the feeling of others, yet accompanied with a fortitude that bore, without shrinking, the pinching of cold and hunger, and the torture of the executioner. Lachlan Macintosh, the captain of this band, about a year preceding, had finished his course in the hands of justice. The prisoner, who succeeded to the command, was a man of robust make, but diminutive stature. The red hair which grew thick over all his body, indicated his strength, while it added to his ugliness, and got him the name of Roy. His stern features. bespoke ferocity; his keen red eyes, and nose, like the eagle's beak, heightened the terrors of his coun tenance. And both at his examination and execution, he bore an uncommon severity of torture, with a patience and fortitude which excited astonish

ment.

This banditti had committed violent depredations on the lands of John Lyon of Muiresk, for which Mackintosh, the captain, had been apprehended and executed, and the prisoner declared an outlaw; and a commission of fire and sword issued out against him. In resentment of these proceedings, the prisoner and his associates plundered the lands of Bellchirries, the property of Lyon of Muiresk. Lyon defended his house of Bellchirries, against the assaults of these robbers, till the 30th of April, 1666, when they surrounded the house, brought straw and corn from the barn-yard, piled them around the mansion, and set the whole in flames. The proprietor and his son, a lad of about eighteen years of age, were glad to

come out of the house, on a capitulation with the 1667 robbers, who promised them their lives. Having got possession of the house, the robbers carried off the furniture and arms, horses and cattle, belonging to Mr. Lyon, to the hills of Abernethie, about six. teen miles distant. They also carried the gentleman and his son prisoners; and, regardless of the articles of capitulation, murdered both father and son, leaving their bodies in a field, pierced with redoubled wounds.

The prisoner and his banditti, to the number of forty, proceeded next to assault the borough of Keith, levied contributions on the town, and fought with all who opposed them, In this assault, however, Roy was so severely wounded as to be unable to make his escape. Next day he was apprehended, and was conducted, under a strong guard, to the tolbooth of Edinburgh.

On the 25th of March he was brought to trial; and a complete proof being led of his manifold crimes, he was sentenced to be taken, on the 27th of that month, to the Cross of Edinburgh, his right hand to be cut off, and then to be hanged till he be dead, and his body to be hung in chains on the gal lows between Leith and Edinburgh. The executioner mangled him so shockingly, in the discharge of his duty, that he was next day turned out of office. Patrick Drummond, the associate of the prisoner's guilt, was, at the same time, the companion of his sufferings.

Agnes Johnston, for the Murder of · Lamb, a
Child.

1674 AGNES JOHNSTON was prosecuted by Sir John Nisbet of Dirleton, Lord Advocate, for the murder of Lamb, daughter of John Lamb in Airth,* and grand-niece to the prisoner. It was charged in the indictment, that, about three months preceding, the prisoner, who lived with the parents of the deceased, took an opportunity, when there was nobody in the house but herself and the child, to take the infant, who was about eight months old, out of its cradle, lay it in a bed, and cut its throat.

The Lord Advocate produced against the prisoner her own confession, emitted before the Lords of Justiciary on the 6th of January preceding. She confessed she killed the child about forty days before. She declared, that the parents had given her no provocation; but that, several times before she committed the murder, there was a spirit within her that did draw her neck together. When she was in these fits, it was sometimes alledged that she did but feign sickness; on which account the people threatened to turn her out of the house, and, in resentment thereof, she cut the child's throat: that, before committing the murder, the spirit had frequently tempted her to make away with herself. In particular, she once attempted to drown herself in a well at

* Records of Justiciary, 19th February, 1674.