Obrazy na stronie
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to outrun those whom they cannot resist,

The bad consequences of those robberies are not the only oppression which the people suffer in the loss of their cattle and other goods, but by the habitual practices of violences and illegal exactions. The Highlanders disuse all their country business, they grow averse to all notions of peace and tranquillity,-they constantly practise their use of arms, they increase their numbers, by drawing many into their gang who would otherwise be good subjects, and they remain ready and proper materials for disturbing the go vernment upon the first occasion,

These interuptions of the public peace in the Highlands were frequent ly under the consideration of the Par liament of Scotland, who, out of just resentment of such intolerable abuses, did, during the course of several reigns, pass many laws, but without success They were very severe, drawn with more zeal than skill, and almost im practicable in the execution. In some few examples these extraordinary severities took place; but that tended more to prevent than establish the quiet of the country, being sufficient to provok and exasperat, and too little to subdue the disturbers of the public peace.

These evils thus remaining without a remedy, and the protection of the law being too weak to defend the people against such powerful criminals, those who saw they must inevitably suffer by such robberies, found it ne cessar to purchase their security by paying ane annual tribute to the chieftains of those who plundered. This illegal exaction was called Black Meall, and was levied upon the several parishes much in the same manner as the land-tax now is.

The insolence of those lawless people became more intolerable than ever, One of the evils which furnishes the about the time of the late happy remost matter of complaint at present, volution, when many of the chiefs of is the continual robberies and depre- the same families were then in arms dations in the Highlands, and the against our deliverer, King William, country adjacent. The great difficulty who were lately in rebellion against in this matter arises from the moun- his Majestie. Ane army of regular stainous situation of those parts, the troops marched into the Highlands, remoteness from towns, and part there- but with little success, even meeting bof consisting of islands, dispersed up with a defeat by my Lord Dundee, and down in the western seas, the cri- who commanded the rebells. Other minals cannot, by any methods now methods were taken, which putt an practised, be pursued, much less seiz-end to the civil war. The well-affected and brought to justice, being able ed Highlanders were made use of to

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assist the regular troops. Some of the rebell chiefs were privately gained over to the Government, so that partly by force, and partly by severall other artfull manadgements, the quiet of the country was restored, excepting that many of the rebells, who had ceased to oppose the government, began to plunder their neighbours, and sometimes one another.

The continual feuds and animosities that has always raged among the chiefs of many Highland families, are skilfully and wisely made use of, both to prevent their uniting in the disturbance of the public peace, or their taking any joint measures against the government. There is almost allways good service to be done this way; and in time of the last rebellion, it retard ed very much the proceeding of the rebells, and made their army much less than otherways it would have been.

The parliament of Scotland impowered King William to establish particular commissions to proceed against criminalls in those parts, which were ishued with very extraordinary powers, and were executed in ane unlimited arbitrary manner, without any effect for the purposes they were esta blished, so as to creat in all people ane aversion against such courts and judirature, which, even in matters of life and death, were confined by no rules of law whatsoever they made malcontents against the government, and at last were prudently laid aside.

After many fruitless experiments for bringing the Highlands to a state of more quiet, it was at last accomplished by the establishing independent companies, composed of Highlanders, and commanded by gentlemen of good affection and of credit in that country. This took its rise from ane address of the Parliament to the King. The advantages that arose from this measure were many. These companies having officers at their head, who were gentlemen of interest in the Highlands, and well affected, were a 'great countenance and support, on all occasions, to the friends, and a terror to the enemies, of the government.

The men being Highlanders, and well chosen for the purpose intended, the whole difficulties which arose in all former projects for preserving the peace of the Highlands, became even so many advantages and convenien

cies attending this measure. The men were cloathed in the best man ner, after the fashion of the Highland ers, both for the unaccountable march es these people perform, and for their covering at night in the open air. They spoke the same language, and got intelligence of every thing that was doing in the country. They car ried the same sort of arms, convenient for the Highlanders in their ways of acting. Being picked out for this ser vice, they were the most known, and capable of following criminalls over the wild mountains-a thing imprac ticable but for natives to perform.

The captains procured their men, in all their proceedings, the assistance of the inhabitants they had under their influence, and of all their friends in the country; and the inferior officers, and even the private men, wherever they came, found always some of their tribe or family who were ready to ass sist them in doeing their duty, when any part of these companies were up on command, either upon pursuit of criminalls, the getting intelligence, or otherways acting in the service. It gave no allarm, nor discovered what they were doeing; for when it was necessary that they should not be known, it was impossible to distin guish them from other natives...

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So that, by this scheme, the very barbarity, the uncivilised customs of the Highlanders, and all the severall causes of the want of peace, came in aid to preserve it till time and more expedients should further civilise the country.

As the private men of the compa nies were chosen from among such of the Highlanders who were best acquainted with all parts of that country,-who knew those clans who were most guilty of plunder, with their manner of thieving, and with their haunts,-it was almost impossible for the robbers to drive away the cattle, or hide them any where, without be ing discovered; nor could they conceal themselves so, but that they were sooner or latter found out and seized; and in a short time there was such ane end putt to these illegal violences, that all the gangs were taken the most notorious offenders were convicted and executed-and great numbers of others, whose guilt was less, were sent beyond sea into the service, as recruits during the war

Thus it was that this remedy was so successful; in so much; that about sixteen years agoe those disturbances, even before and at this time so frequent and grievous to the people, did intyrely cease. 40

After the late unnatural rebellion, the Highlanders, who had been in arms against the government, fell into their old unsettled way of liveing, laying aside any little industry they had formerly followed, and returned to their usual violences and robberies.

About this time it was thought expedient to pass an act of parliament for dissarming the Highlanders, which was, without doubt, in theory, a measure very useful and desireable; but experience has shewed that it has produced this bad consequence, that those who had appeared in arms, and fought for the government, finding it their duty to obey the law, did accordingly deliver up their arms, but those lawless Highlanders who had been well provided with arms for the service of the Pretender, knowing but too well the insuperable difficulty for the government to putt that act into execution, instead of really complying with

resentment, for their distinguishing themselves in his majestie's service; and others are ruined who dare refuse to comply with such illegal insolent demands.

The method by which the country is brought under this tax is this That when the people are almost ruined by continual robberies and plunders, the leader of the band of thieves, or some friend of his, proposes, that for a sum of money to be annually paid, he will keep a number of men in arms to protect such a tract of ground, or as many parishes as submitt to pay the contribution. When the terms are agreed upon, he ceases to steal, and thereby the contributors are saffe. If any refuse to pay he is immediately plundered. To colour all this villany, those concerned in the robberies pay the tax with the rest, and all the neighbourhood must comply, or be undone. This is the case (among others) of the whole low country of the shyre of Ross.

After the disarming act was passed, and those companies were broke, there were some other measures laid down for preserving the peace of the

the law, they retained all their arms lands. Barracks were built at a t that were useful, and delivered up only such as were spoiled and unfitt for service; so that, while his Majestie's enemies remained as well provided and prepared for all sorts of mis chief as they were before the rebellion, his faithful subjects, who were well affected and ventured their lives in his service, by doing their duty and submitting to the law, rendered themselves naked and defenceless, and at the mercy of their own and the gov ernment's avowed enemies.

Upon this the plunders and robberies increased; but, upon the break ing of the independent companies in the year 1717, these robberies went on without any manner of fear or restraint, and have ever since continued to infest the country in a publick and open manner. The regular troops not being able to discover or follow them, and all the innocent people are with out arms to defend themselves. Thus, then, violences are now more notorious and universal than ever, in so much, that a great part of the country has, by necessity, been brought under the scandalous contributions before mentioned; and the rogues have very near undone many people, out of mere

great expence, and detachments were made from the regiments in the neighbourhood to garrison them, and to take post in those places which were thought most proper for the repressing these disorders; but all this had no effect. The regular troops were never used to such marches, with their usual arms and accutrements; were not able to pursue the Highlanders; their very dress was a signal to the robbers to avoid them; and the troops, who were strangers to the language and often relieved by others, could never get any useful intelligence, nor even be sufficiently acquainted with the situation of the several parts of the country, so as to take the necessary measures for pursuing the robbers when any violence was committed.

The effect of all which has been, that the government has been put to a great expence, and the troops have been fatigued to no purpose.de

The officers of the law, for the peace, are the Sheriffs and Justices of the Peace; and, in time of any commotions, the Lieutennants and their deputies; which office, long disused, was revived and re-established at the time of the late rebellion.

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It cannot but be a very melancholy scene for all the well affected gentle men and inhabitants in those parts, to find the very criminalls whom, a few years ago, they saw in arms and open rebellion in the Pretender's cause, vest-ed TO? wel odi to sto T

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ed with authority over them, and now acting in his Majestie's name, whom they endeavoured to destroy, and to whom alone they owe their lives. vs

The constituting one person Sheriff or Lord Lieutennant over many shyres, has several bad consequences to his Majestie's service. There is one instance where eight lieutennancies are all joined in one person. The memorialist mentions this only as ane observa tion in general, without in the least detracting from the merit of any per son whatsoever. So eins Toda

From some of those causes it likeways happens, that when several persons are recommended by the Sheriffs or Lieutennants, to be made Justices of the Peace, not all qualified for that of fice, without knowledge, mean, and of no estate nor character in the coun try, or ill-affected to government, and when most or all the well-affected gen tlemen are left out of the commission, b it naturally produces such confusion and discontents as to frustrat the institution and design of the office, to the disturbance of the peace of the count try to the lessening his Majestie's au-v thority, and particularly, in all matt ters of excise, and a surcease of jus tice, and a vast detriment to the red venue. br before was de vino

The revival of the Justices of the t Peace of Scotland, immediately afteris the union, was then esteemed a matter of the greatest importance to the govo ernment and interest of the protestant succession. It is therefore the more s to be lamented, that throwout the whole north of Scotland, there is hard ly any regular acting Commission of the Justices of the Peace; whereas, if the considerable gentlemen were ap-s pointed who have estates in their own county, and were all affected to his d Majesty, there is no doubt but that i office would be execute so as to be very useful to the government, and w possibly pave the way ford great im provements in the political state of the o country. The memorialist, with allgo humility, submits these observations tood his Majestie's considerationi od ile bra endo(Signed)bneto LOVATLS o

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Juditio00 2olah ant bu benoitom

ORIGINAL POETRY.

THE CAPTIVE LARK.

THE Spring's abroad, the morn is high,
The lambs are sporting on the brae,
And all my kinsfolk in the sky

Rejoicing o'er the infant May.

Why does this quivering throat refuse
To swell the song? methinks you say-
Alas! my breast in heavenly dews

Hath not been steep'd for many a day.

No zephyr in the rustling grass

My home with gentle whisper cheers, But comfortless, as winter, pass

The captive's hours--the captive's years. My wing is like a withered leaf,

That drops in autumn's early frost,
My little heart is dry with grief,
And all the soul of song is lost.

The Power, by tuneful souls confest,
Who fills with music every vein,
Forsakes with Liberty the breast,
And shuns the house of bonds and pain.
R.

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"A cloud came over my soul.” O WELCOME is the Cloud of Night That makes the morrow's dawn more dear, Or Dewy Veil that falleth light The Summer's fervid breast to cheer: The Thunder-cloud of fate and fear Doth in its folds a blessing bring, And weeps in showers its wasteful shock: Even Winter's rudest Storms but rock

The cradle of the Spring.

But ah! far other are the Clouds
That wrapt the sickening soul in gloom,-
That clothe the heaven in funeral shrouds,
And darken like a living tomb
This beauteous Earth, whose breathing

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Adown the dim valley glides softly along.

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