Antiquarian Notes: a series of papers regarding families and places in the Highlands

Preface

. Having put my name on the Title Page, I am in a measure constrained to write a Preface. When the " Notes" were projected, I had no conception of their extending to any length. That they did reach the hundred and first number is owing to the kindness of Mr Edward Dunbar Dunbar of Sea Park, who furnished the documents marked " D," on which no less than fifty-nine papers are founded, and I here tender Mr Dunbar Dunbar my best thanks for his courtesy. Some of the documents will be found in his " Social Life in Former Days," a goodly volume just published. While this Volume has been passing through the press, Mr Robertson of Inshes has given me access to his valuable papers. These are of such interest that I hope to have an opportunity of making use of them hereafter in a permanent form, befitting their importance.

The "Notes" make no pretension of learning, but the documents are interesting and valuable, and care has been taken to authenticate facts as far as possible, though it cannot be doubted that there are errors. The opinions expressed may be accepted or not by the reader ; but with the general sentiment pervading the " Notes," I hope every Highlander will be contented. There is too much reason to complain of books about the Highlands : generally they are too eulogistic, hence absurd ; or too learned, hence unreadable. preface. I wish to draw the attention of readers to the importance of a Highland Club (See Notes 95.) Since that article was written, I am more than satisfied of the abundance and richness of material. As no attempt was made to canvass publicly for names, it has been the subject of great satisfaction that so in fluential a list of subscribers was made up within a month or two.

Having written to a true son of " Clachnacuddin," Mr Peter Anderson, of Calcutta, he procured the names of twenty-six Subscribers. It only remains to be mentioned that the " Notes" made their first appearance in the Inverness Advertiser and that they have been printed in their present shape by my good friend Mr Forsyth, to whose establishment the book is very creditable as the largest ever issued in Inverness. C. F. M. Inverness, November 1865. 0- Adam, John, Esq., Lochmaddy. ANDERSON, James, Esq., County Clerk, Inverness. Anderson, Peter, Esq., Solicitor, Inverness. Anderson, Peter, Esq., Calcutta. Black, George, Esq., Thornbush, Inverness. Bain, Hugh, Esq., Accountant, Inverness. Bethune, W. A., Esq., Thurloe Square, London. Bishop of Brechin, The Right Rev., D.C.L. Blunt, Sir C. W., Bart., Heathfield Park, Hurst Green.

Brander, Lady Dunbar, of Pitgaveny. Brodie of Brodie. Bruce, Mrs Cumming, of Dunphail. Bulkeley, T. J., Esq., Solicitor, Inverness. Cameron, James, Esq., Crosby Square, London. Carmichael, L., Esq., Calcutta. Campbell, A. M., Esq., 7 Arlington Street, PiccadUly, London. Chisholm, The. (4 copies.) COCHRAN, S., Esq., Calcutta. COLVIN, John, Esq., Solicitor, Inverness. Cumming, Lady Gordon, of Altyre. Davidson, Donald, Esq., Solicitor, Inverness. Davidson, James, Esq., Solicitor, Inverness, Dempster, George, Esq., of Skibo. Denoon, David, Esq., Invergordon. Dickson, George, Esq. , Calcutta. Donaldson, Captain, Inverness. Duff, David, Esq., Calcutta. Duff, Donald, Esq., Banker, Inverness. Duff, Wm. Perie, Esq., Calcutta. Dunbar, Dunbar E., Esq., of Seapark. (2 copies.) Dunbar, Captain A. H., yr. of Northfield.

Edwards, Alex., Esq., Union Street, Inverness. Falconer, Thomas, Esq., Solicitor, Inverness. Forbes, Arthur, Esq of Culloden. Forsyth, E., Esq., Advertiser Office. Fraser, A, Esq., Solicitor, Inverness. Fraser, A., Esq., A.M., Inverness. Fraser, Colonel A. J., C.B. Fraser. David, Esq., Calcutta. Fraser, J. Lyon, Esq., Deanshaugh, Elgin. (2 copies.) Fraser, Thomas, Esq. of Eskadale, Bolton Street, London. Fraser, William, Esq., Merchant, Inverness. Fraser, D. Simon, Esq., Charlesfield, Midcalder. Fraser, D., Esq., Solicitor, Inverness. Fraser, The Rev. Simon, Fortrose. France, George, Esq., Ness Bank, Inverness. Galloway, A., Esq., Chemist, Forres. Galloway, G., Esq., Chemist, Inverness. Galloway. J., Esq.. Calcutta. Gillanders, F. Mackenzie, Esq. of Newmore. (2 copies.) Gordon, E. S., Esq., Advocate, Sheriff of Perthshire.

Gordon, J., Esq., Calcutta. Gowan, T., Esq., Calcutta. Graham, Paul, Esq. of Drynie. Grant, Sir G. Macpherson, of Ballindalloch, Bart. Grigor, William, Esq., Blackfriars, Elgin. Guthrie, Colonel, of Scotscalder, Calcutta. Inglis, A. B., Esq., Calcutta. Innes, Alexander Lee, Esq., London. Innes, Charles, Esq., Solicitor, Inverness. Inkson, L. A., Esq., Solicitor, Inverness. Jervise, Andrew, Esq., Brechin. Joass, The Rev. James, Edderton. Keighly, George, Esq., Calcutta. Kinnaird, The.'LORD, K.T., Rossie Priory. Lawrie, Alex . Esq., Calcutta. Leitch, Henry J., Esq., do. Lovat, The Lord, K.T. (2 copies.) Matheson, Alexander, Esq. of Ardross and Lochalsh, M.P. Mercer, Græme Reid, Esq. of Gorthie, Glentulchan, Perthshire Middleton, Thomas, Esq., Davidston. Mitchell, Joseph, Esq. of Viewhill. Munro, Charles, Esq., yr., of Fowlis.

Munro, T. R., Esq,, Calcutta. Murray, W. H., Esq. of Geanies. MaCandrew, H. C, Esq., Solicitor, Inverness. Mackay, The Rev. James, B.D., Penang. Mackay, George G., Esq. of Drummond Park. Macdonald, A., Esq., Wine Merchant, Inverness. Macdonald, The Rev. Dr, of Hill Park, Inverness. Macdonald, D., Esq., Kallin, Lochmaddy. Macdonell, Æ. R., Esq., Scotos, Pitville House, Cheltenham. Macdonell, Patrick, Esq., Kinchyle, Inverness. Macfarlan, D., Esq., Procurator-Fiscal, Paisley. Macgillivray, Neil John, Esq. of Dunmaglass. (2 copies. ) Macgregor, John, Esq., Charterhouse Square, London, Macgregor, William, Esq., Accountant, Inverness. Mackenzie, Sir Kenneth S., of Gairloch, Bart, Mackenzie, Keith Stewart, of Seaforth. Mackenzie, Captain, of Springfield, Fortrose. Mackenzie, A. C, Esq. of Findon, Mountgerald, DingwaU.

Mackenzie, Colin, Esq., W.S., Edinburgh. Mackenzie, George, Esq., County Clerk, Dingwall. Mackenzie, J. Shaw, Esq. of Newhall. Mackenzie, Thomas, Esq. of Ord. Mackilligan, J. P., Esq., Calcutta. Mackinnon, C, Esq., Great King Street, Edinburgh. Macintosh, A. F., Lieut. -General, 10 Charles Street, St James, London Mackintosh, Mrs, of Holm. Mackintosh, Colonel Alex., of Farr. Mackintosh, Æneas, Esq. of Dalmigavie. Mackintosh, Æneas, Esq. of Daviot. Mackintosh, Dr, Caistor, Lincolnshire. Mackintosh, George Goruon, Esq., Balnespick. Mackintosh, James, Esq., The Lodge, Totteridge, Herts. (2 copies.) Mackintosh, Dr John, Lindley Cottage, Huddersfield. Maclardy. H., Esq., Calcutta. Maclean, Alex., Esq. of Ardgour. Maclean, Allan, Esq,, Dochgarroch. Maclean, Allan, Jun., Esq., Maize Hill, Greenwich Park.

Maclean, William, Esq., do. Maclean, Miss, of Woodside. Maclennan. Joshua, Esq., Solicitor, Inverness. Macleod of Macleod. Macleod, Hugh, Esq., Calcutta. Macleod, R. B. Æ., Esq. of Cadboll. Macpherson, James. Esq., Solicitor, Inverness. Macrummen, D., Esq.. Cove Point House, Gourock. Mactavish, A. B., Esq., Calcutta. Mactavish, John, Esq., Drakies, Inverness, Nicol, D. A., Esq. of Campfield. Noble, John, Esq., Bookseller, Inverness. Ogilvy, J. S., Esq., Calcutta. Ogilvy, Thomas, Esq. of Corrimony. Ramsay, Alex., Esq., Banffshfre Journal. Robertson, C, Esq. of Kindeace. Robertson, Arthur John, Esq. of Inshes. Rose, John, Esq., Kirktown. Rose, J. Nugent, Esq. of Holme. ROSE, Hugh, Esq., Solicitor. Inverness. ROSE, W. G., Esq., Calcutta. ROSS, Lieut. -Colonel, of Cromarty. Ross, George. Esq. of Pitcalnie.

Ross, Rev. E., of Ardersier. Ross, George, Esq., Merchant, Inverness. Ross, John, Esq., Convener of Trades, Inverness. Shaw, Edward, Esq., Inverness. Shittock, V. V., Esq., Calcutta. Simpson, Alex., Esq., Merchant, Inverness, Simpson, James, Esq., Solicitor, Inverness. Sinclair, The Rev. Allan, Kenmore. Sinclair, John, Esq., Banker, Beauly. Smith, A., Esq., Calcutta. SMITH, W. H., Esq., do. Smith, William, Esq., Bookseller, Inverness. Stuart, Sir John, of Lochcarron, Vice-Chancellor. Stuart, John, Esq., Photographer, Inverness Sutherland, His Grace the Duke of Sutherland, H. H., Esq., Calcutta. Tolmie, Dr W. F., Victoria, Vancouver's Island. Walker, Fountaine, Esq. of Foyers. Wardlaw, Major, Belmaduthy House. Waterston, Charles. Esq., Banker, Inverness. Wilson, John, Esq., M.D., Inverness.

White, Henry W., Esq, of Lentran. Young, Robert, Esq., Millbank, Elgin. Young, The Rev. R. O., Fortrose. ■w- CONTENTS. No. 1. Simon Lord Lovat, an Improver of Land. No. 2. Depressed State of Episcopacy in Inverness after the Battle of Culloden, 1746. No. 3. A Mercantile Transaction of Keppoch's, Son of " Coll of the Cowes." No. 4. Keppoch, 16S3. No. 5. Allan Muidartach, Captain of Clanranald, 1696. No. 6. Young Clanranald, 1745. No. 7. The Successive Prisons of Inverness. No. 8. Old Tack of the Citadel Grounds, 1683. No. 9. A Highland Chief's Death, Lying in State, and Funeral. Lachlan Mackintosh of that Ilk, 1731. No. 10. The Castle of Inverness, 1532. No. 11. The Cattle Tocher of Brides, 1723. No. 12. Bond of Union amongst the Clan Chattan, 1609. No. 13. The Castle of Urquhart, 1719. No. 14.

Disarming Order to the Mackintoshes, 1725. No. 15. Rental of the Forfeited.Estate of Cluny, 1748. No. 16. The Magistrates of Inverness Threatened by one Mackillican, 1676. No. 17. Poverty of the Burgh of Fortrose, 1704. No. 18. Specimen of a Bond of Interdiction. A.B., 1708. No. 19. Horse Lifting Extraordinary— Lovat and Thundertoun, 1716. No. 20. Valuation Roll of Inverness-shire, 1691. Part First. No. 21. Do. Part Second. No. 22. David Ross of Balnagown ob : 17th April 1711. Part First — Glimpses of Society in Inverness, 1689-1704. No. 23. Do. Part Second Further Glimpses of Society and Customs. No. 24. Do. Part Third. Intrigues for the Estate. No. 25. The Magistrates of Inverness in Trouble arising out of a Trial before them for Murder taken red hand, 1723. No. 26. Connection 'Twixt the Knights of Lochinvar, afterwards Viscounts of Kenmure, with the Mackintoshes.

A Bye Path in History, 1520. No. 27. Objections by the Master of Tarbat and Others, to the Brewing Privileges in Ferrintosh given to Forbes of Culloden, 1690. No. 28. " Connection of Distant Ages by the Lives of Individuals." Local Illustrations. Part First. No. 29. Do. Part Second. No. 30. Rule Regarding Foot-prints of Stolen Cattle. Case of Alexander Fraser of Culduthel, 1729. No. 31. Inventory of Writs of the Estate of Lovat, 1652. Part First. ■■■et; CONTENTS. N o. 32. Do. Part Second. No. 33. Rental of the Bishoprick of Moray, 1641. No. 34. Case of Fraud by a Tradesman of Inverness upon his Apprentice. Cumming v. A nderson, 1684. No. 35. Assignation Lord and Lady Doune to David Denoon, 1684. No. 36. Circular from Government to the Sheriffs Regarding the Estates of Forfeited Persona, 1747.

No. 37. Military Assistance called for by Sir John Dempster in his Decrees Against the Seaforths, 1696. No. 38. Letter from a Prisoner in the Tolbooth of Inverness, an : 1740. No. 39. Rental of the Scottish Bishopricks, 1692. No. 40. Some Account of the Baynes of Tulloch and Sale of their Estate. No. 41. The Mackintoshes of Connage, an : 1640, et subsequen. Part First. No. 42. Do. Part Second. No. 43. Do. Part Third. No. 44. List of the Writs, &c, of James Dunbar of Dalcross, 1712. Part First. No. 45. Do. Part Second. No. 46. Do. Part Third. No. 47, Church Patronage of the Family of Gordon, 1764. No. 48. The Honourable Thomas Mackenzie of Pluscardine, 1649-1655. Part First. Pluscardine and the Town of Inverness. No, 49. Do. Part Second. Pluscardine and General Monck. No. 50. Who were the Combatants at the North Inch of Perth, 1396 ?

No. 51. Enquiries by a Guardian Regarding his Niece's Suitor and the Answers, 1676. No. 52. List of tbe Writs of the Lands of Rhindoun in Urray, 1572-1770, and some Account of the Chisholms. No. 63. Do. Part Second. No. 54. The Frasers of Phopachy, afterwards of Torbreck, 1661, et mbsequen. No. 55. Proclamation Regarding the State of the Highlands, 1678. Part First. No. 56. Do. Part Second. No. 57. Letter Lord Lovat to Duncan Forbes of Culloden, 10th May, 1716. No. 58. The Titles of the Urquharts of Cromarty, 1658. Part First. No. 59. Do. Part Second. No. 60. Do. Part Third. No. 61. Do. Part Fourth. No. 62. Lament of the Old Cross of Inverness, 16th August, 1768. No. 63. Sett of the Burgh of Inverness, 1675. No. 64. Rental of the Scottish Counties, 1649. No. 65. The Conscientious Minister of Creich, 1623.

No. 66. Expense of the Duke of Gordon's Commission as Governor of Edinburgh Castle, 1686. No. 67. Ancient Names and Places in and about Inverness. Part First No. 63. Do. Part Second. No. 69. Do. Part Third. No. 70. Do. Part Fourth. No. 71. Game Preserving in the North, 16S0. No. 72. Protest by the Earl of Straftbrd and Others, against the Appointment of Commissioners on Forfeited Estates, 1716. CONTENTS. No. 73. List of the Heritable Jurisdictions of Scotland, and Sums asked for their Abolition, 1751. Part First. No. 74. Do. Part Second. No. 75. Rental of the Bishoprick of Ross, 1691. Part First. No. 76. Do. Part Second. No. 77. Do. Part Third. No. 78. Price List of Provisions in Inverness, 1654. No. 79. The Karl of Sutherland and the Earl of Cromarty, 1668. No. 80. Mary Queen of Scots. No. 81.

The Frasers of Philorth, and the Title of Saltoun, 1668. No. 82. Writs of Certain Altarages within St Giles', Edinburgh, &c, 1491, et subsequen. Part First. No. 83. Do. Part Second. No. 84. The Church in Inverness 1359, 1560, 1606, and 1769. Part First. No. 85. Do. Part Second. No. 86. Do. Part Third. No. 87. An Old Map of Inverness-shire. No. 88. The Meeting which Established the Inverness Great Sheepand Wool Fair, 1817. No. 89. Parliamentaria. Inverness, 1681— Moray, 1781. No. 90. The Scots !' Committee of Process and Moneys" in Account with Sir Robert Farquhar, their Treasurer, 1646.— Part First. No. 91. Do. Part Second. No. 92. The Lost House of Culbin. Part First — The Moiays and Kinnairds. No. 93. 'Do. Part Second— The Kinnairds and Duffs. No. 94. Do. Part Third and Last— The Duffs and Grants.

No. 95. The Highland Club.— A Suggestion. No. 96. Reminiscences of the " Forty Five."— 1. How Sheuglie was Preserved to James Roy Grant. 2. The Colours of Clan Chattan. No. 97. James Second Lord Duffus "Slaughters" William Ross of Little Kindeace. Letters from the Countess of Seaforth and Lady Duffus, 1688. No. 98. Valuation Roll of the Sheriffdom of Inverness, including Ross, 1644. Part First. No. 99. Do. Part Second. No. 100. Do. Part Third. No. 101. The Robertsons of Inshes, 1448-1599. i. SIMON LORD LOVAT AN IMPROVER OF LAND. The writer has often regretted that no qualified and unbiassed person has turned his attention to a biography of this celebrated man — representative of one of the best Scottish families. During his life contemporaries wrote harshly of him, and, taking the cue then given, succeeding writers have done little else than gather stories to his prejudice.

That he had many and grievous faults is undeniable, but these have been so dwelt upon and exaggerated as to throw his extraordinary talents and abilities into the shade. Among minor blemishes must be added that of puffing ! Mr R. Chambers, in his third volume of " Domestic Annals of Scotland," just published, shows from early files of the ' Courant' and ' Mercury' that his Lordship was in the habit of sending from Inverness and paying for the insertion of glowing accounts of feasts and rejoicings given by himself, or held in his honour. The heir-apparent of the title and estates of Lovat bears the same name as his predecessor, and might well take some steps to vindicate his character from the aspersions of contemporary malice, with those of subsequent imperfect investigation. In the present day, with Farmers' Societies in every district of the country, anxiously disseminating sound and practical information, we do not think it strange to hear of enterprising proprietors giving encouragement to skilled tenants, and improving and bringing into cultivation whole A tracts of country.

But such are of recent date. From the paper which is hereafter quoted, Simon Lord Lovat must be included in the category of improvers of land a century before it became common, and the writer gladly places this contribution as the first stone of a cairn in his honour. It is worthy of note that the land forming the subject of lease is situated on the high ridge of the Caiplich, and if even at present a cold, bare, exposed place, what must it have been in 1 732 ? The terms of the lease are such as can be under stood by any reader, and contrast favourably with those restrictions, obscurities, and repetitions so commonly to be met with in modern leases. The old spelling is not observed.

The document is titled on the back, " Assedation, Lord Lovat to John M' Hucheon, &c," and is as follows : — At Beaufort, this day of June, seventeen hundred and thirty-two years, it is contracted, finally ended, and agreed upon, betwixt the parties fol lowing — viz., the Eight Honourable Simon Lord Fraser of Lovat, proprietor of the lands and others aftermentioned, on the one part, and John M'Hucheon, in Clunes, Andrew M'Commish, vie Andrew there, and Eoderick Barron, in Knockbain, on the other part, in manner and to the effect after following ; that is to say, the said Simon Eraser Lord Lovat hereby setts, and in tack and assedation lets to the foresaid John M'Hucheon, Andrew M'Commish, and Eode rick Barron, as much ground of that place commonly called Caiplich (lying in the parish of Kiltarlity and sheriffdom of Inverness) as they are able to take in and improve during the currency of this present tack, together with houses, biggings, yards, and other easements that they shall happen to make out of the same ; and that for the space of seven years, and crops from and after their entry thereto, which is hereby declared to have been and begun at the term of Whitsunday last, notwithstanding of the date of these presents, to be peaceably bruiked, enjoyed, laboured, and manured by them, without break of tacks time and terms, during the space foresaid ; and seeing the said place is nothing but a barren muir or hill without the least improvement, therefore the said Lord Lovat hereby obliges himself and his heirs to ask or demand no manner of duty or rent during the said seven years, and at the expiration thereof the said Lord Lovat obliges himself to prefer them as possessors, providing that they offer as much yearly rent as any other person for any term of years there after, and finding security therefor ; and the said John M'Hucheon, Andrew M'Commish, and Eoderick Barron bind and oblige themselves, their heirs, executors, and successors, to free and relieve the said Simon Fraser of Lovat and his heirs and successors of all public burdens imposed or to be imposed, spiritual or temporal, and to maintain and support the biggings during the space foresaid, and to leave the said possession void and redd at the expiration of this tack, without any process or sentence of declarator, to the effect that the said Lord Lovat may, or others in his name, enter thereto and enjoy the same.

And both parties oblige themselves to perform the premises to others, under the failure of two hundred merks Scots money, to be paid by the party failing to the party performing or willing to perform beyond attour performance of the premises, consenting to the registration hereof in the books of Council and Session or other Judges competent, to have the strength of ane decreet interponed thereto, that letters of horning on six days and all execution necessary pass thereon as effeirs and thereto constitute our Prors. In witness whereof these presents (written by Charles Lyon, servant to the said noble Lord, upon this and the preceding page of stamped paper), are subscribed by both parties, place, day, month, and year of God respective, above set down before these witnesses, John Fraser, servant and factor to the said noble Lord, the said Charles Lyon, and Paul Macpherson, lieutenant in the Lord Lovat's company.

(Signed) Lovat. Paul Macpherson, Witness. A.F. Charles Lyon, Witness. I.F. II. DEPRESSED STATE OF EPISCOPACY IN INVERNESS AFTER THE BATTLE OF CULLODEN, 1746. It has been said, and with some truth, that Scotland suffered more from Episcopacy than from Popery. Looking back at the state of the kingdom at different periods, it will be found that whichever party was dominant showed no mercy to the other. Episcopacy had its day up to the revolution of 1688, and Presbytery afterwards. What a state Inverness must have been in after Culloden ! The English troops committed excesses unusual even in a foreign country, and Provost Hossack going to remonstrate is, by tradition, said to have been kicked down stairs by Cumberland's orders. Hundreds were confined in the parish church, and many taken out to the churchyard and shot.

The stone behind which they knelt, as also that on which the soldiers rested their muskets and took aim at their victims, are still seen. Many were shipped off to the plantations, and never heard of, among whom were several of the Laird of Grant's men in Urquhart, who had joined Prince Charles, serving under Colonel J. Roy Stuart, and, to the disgrace of Sir James Grant (who died in 1747), though he had influence with the Government, he not only did not interfere in their behalf, but was active in their apprehension.* It will be seen by the papers after quoted, nine or more Episcopalians could not meet without Government cog nisance. They are numerous now in Inverness, comprising * See No. 96, as to Grant of Sheuglie. most of the landed gentry ; but there are very few landowning families now existing, some members of whom did not at one time or other conform to Presbyterian rule.

Indeed, we only know two, Mackintosh and Dunmaglass, the latter as extinct in the person of the late John Lachlan Macgillivray. The Duffs also were, but not at all times, staunch Episcopalians. The paper after quoted is titled on the back, " Criminal Lybelled Summons ; The Pror.

Fiscal agt Mr James Hay, Episcopal Minister, 1746," and is as follows : — The Eight Hon. James, Earl of Moray, Sheriff Principal of the shire of Inverness, to Our officers jointly and severally specially constituted greeting, forasmuch as it is humbly meant and complained to us by Alexander Baillie, Esq., Procurator-Fiscal of the said .Sheriff Court, upon Mr James Hay, Episcopal minister in Inverness, that albeit by the 29th Act of Parhament, past in the fifth year of His Majesty King George I., entituled " An Act for making more effectual the law appointing the oath for the security of the Government to be taken by ministers and preachers in churches and meeting-houses in Scotland," it is, for the preventing the sowing of the seeds of disaffection to His Majesty, and to the settlement of the Crown in the Protestant line, enacted " that no person shall take upon him to preach or read prayers, or perform any part of divine service in any Episcopal meeting-house or congregation where the number of nine or more persons shall be present over and besides those of the same household in Scotland, or to supply the place of any pastor or pastors, minister or ministers, in any such Episcopal congregation or meeting-house but such as shall pray in express words for His Most Excellent Majesty King George, their Eoyal Highnesses the Prince and Princess of Wales, and their issue ; and who shall have taken the oath of abjuration," as recited at large in the said Act, in one or other of the Courts of Session, Justiciary, or Exchequer in Scotland, or before the Justices of Peace at their Quarter Sessions, or sheriff or Stewart of any shire or stewartry in open court, within which any such person is a resident, or meeting-house, when he shall take upon him to preach or perform any part of divine service ; and, further, that if any person or persons shall presume to preach or perform any part of divine service in any Episcopal meeting-house in Scotland without praying in words express for His Most Excellent Majesty King George, their Eoyal Highnesses the Prince and Princess of Wales, and their issue, or without having taken the aforesaid oath in manner above directed, any meeting-house where such offence shall be committed shall be shut up for six months.

Yet true it is, and of verity, that the said Mr James Hay has kept a meeting-house in Inverness for years past, and has within those few months past presumed to preach in his said meeting-house, or there to perform some part of divine service without praying in words express for His Most Excellent Majesty King George, their Eoyal Highnesses the Prince and Princess of Wales, and their issue, or without first having taken the foresaid oath in manner directed by the act. Therefore the said meeting-house ought to be shut up for six months, and the complainer prays that warrant be granted accordingly. Therefore, our will is that ye lawfully summon, warn, and charge the said Mr James Hay personally, or at his meeting-house, to com pear before us or our deputies, one or more, within the Tolbooth of Inverness, in a Sherifif Court there to be holden the day of in the hour of cause, to answer at the instance of the said complainer in manner and to the effect before-mentioned, here holden as repeated, or else to allege a reasonable cause in the contrary with certification as effeirs.

The which to do, &c, Given under tbe hand of the Clerk of Court at Inverness, the eleventh day of July, seventeen hundred and forty -six years. (Signed) Alexander Monro. Upon the twelfth day of July, Lachlan Mackintosh, one of the Sheriff officers of Inverness, executed the summons by giving him a copy " personally apprehended." The following proceedings took place : — Inverness, 31st July 1746, George Cuthbert of Castlehill, Sheriff-Depute, by adjournment to this day from the Tolbooth to John Baillie's house. The Procurator-Fiscal produced the libelled summons and execution thereof, bearing the defender to be personally cited to this diet, and also produced Act of Parliament libelled on ; and represented that, as the meeting-house, where unto the defender preached and performed divine service for some years past, was entirely broke down and demolished latter end of April last by the king's troops under the command of the Duke when in this place, and that the very timber of this meeting-house was carried away and disposed of by the troops as is notoriously known hi town and country — therefore, on that account, finds it needless to insist on the conclusion of the libel in regard of the said meeting house being destroyed as aforesaid.

But meantime craved a protestation might be granted him to insist on the other conclusions in the Act of Parliament with regard to the six months' imprisonment, in the event the defender shall presume and take upon him after this date to preach and perform divine service in any house or place within this county, without he be qualified in terms of the said Act of Parliament. (Signed) Alexander Baillie, Pro.-Fis. The Sheriff-Depute having considered the libel, Act of Parliament libelled on, and the Fiscal's representation of facts above-mentioned, and the defender being oft times called, and failing to compear by himself or Procurator in his name, the Sheriff-Depute admits the protestation craved by the Fiscal, it being nottour that the defender's meeting-house has been demolished, as is above represented, and ordains the protestation craved, and this interlocutor to be intimated to the defender by the Clerk of Court with certification.

(Signed) Geo. Cuthbert. Mr Hay is frequently referred to in Bishop Forbes's Memoirs, and his call to Inverness in the year 1734 is now printed (Appendix No. 1.) It is interesting as showing who composed the Episcopal congregation in Inverness at that period, and has been furnished by Eneas Mackintosh, Esq. ot Daviot, from Mackintosh's papers. William Mackintosh, who signs, was the chief. III. A MERCANTILE TRANSACTION OF KEPPOCH'S, SON OF " COLL OF THE COWES." The town of Inverness, during its chequered history, was never in such danger as in the month of April 1689. The old feud 'twixt the families of Mackintosh and Keppoch had recently broken out afresh, and Mackintosh, who had been assisted by the town, was defeated by Keppoch, who is described by a contemporary as " a gentleman of good understanding," and who laid siege to Inverness with 900 men.

According to Mr Chambers — " The northern capital, a little oasis of civilisation and hearty Protestantism in the midst of, or at least close juxtaposition to the Highlands, was in the greatest excitement and terror lest Keppoch should rush in and plunder it. There were preachings at the Cross to animate the inhabitants in their resolutions of defence, and a collision seemed imminent." Lord Dundee coming north to raise the Highlanders, and wishful to secure the friendship of the citizens of Inverness, interfered, and granted his own bond on behalf of the town, whereby he obliged himself to see Keppoch paid the sum of two thousand dollars as a compensation for the losses and injuries he alleged he had sustained at the hands of the Mackintoshes. This matter took years before it was settled ; for we find that on the 7th June 1695, the town presented a petition to Parliament, craving that Keppoch and his accomplices " resound the soume of four thousand merks extorted from them in a hostile manner."

Lord Dundee appears to have given him the name of " Coll of the Cowes," as appears from the deposition of Lieutenant James Colt, of Captain John Erskine's company in Colonel Ramsay's regiment, at Edinburgh, on the 12th (not 14th, as erroneously stated by Macaulay*) May 1690, before the Lord High Commissioner and the Estates of Parliament, in the process of treason — the King's Advocate against the Viscount of Dundee and others. Colt, who had been taken prisoner at Perth, and carried about with the Royalists, says " that he saw Macdonald of Keppoch with one of his brothers, who both, with about 120 men in arms, followed the Viscount of Dundee from Lochaber to Badenoch, and joined with him there, and continued with him till he returned to * Macaulay, of Scandinavian descent— who had nothing in him of the Scot or High lander, and has been shown by Aytoun, Dixon, Paget. and others, to have been fre quently wrong in names, dates, quotations, facts— is most unsparing in his remarks on others.