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  MacGregor of Glenstrae was tried before the Court of Justiciary, 20th January 1604, and found guilty. He appears to have been instantly conveyed from the bar to the gallows; for Birrell, of the same date, reports that he was hanged at the Cross, and, for distinction sake, was suspended higher by his own height than two of his kindred and friends.

  On the 18th of February following, more men of the MacGregors were executed, after a long imprisonment, and several others in the beginning of March.

  The Earl of Argyle's service, in conducting to the surrender of the insolent and wicked race and name of MacGregor, notorious common malefactors, and in the in-bringing of MacGregor, with a great many of the leading men of the clan, worthily executed to death for their offences, is thankfully acknowledged by an Act of Parliament, 1607, chap. 16, and rewarded with a grant of twenty chalders of victual out of the lands of Kintire.

  The MacGregors, notwithstanding the letters of fire and sword, and orders for military execution repeatedly directed against them by the Scottish legislature, who apparently lost all the calmness of conscious dignity and security, and could not even name the outlawed clan without vituperation, showed no inclination to be blotted out of the roll of clanship. They submitted to the law, indeed, so far as to take the names of the neighbouring families amongst whom they happened to live, nominally becoming, as the case might render it most convenient, Drummonds, Campbells, Grahams, Buchanans, Stewarts, and the like; but to all intents and purposes of combination and mutual attachment, they remained the clan Gregor, united together for right or wrong, and menacing with the general vengeance of their race, all who committed aggressions against any individual of their number.

  They continued to take and give offence with as little hesitation as before the legislative dispersion which had been attempted, as appears from the preamble to statute 1633, chapter 30, setting forth, that the clan Gregor, which had been suppressed and reduced to quietness by the great care of the late King James of eternal memory, had nevertheless broken out again, in the counties of Perth, Stirling, Clackmannan, Monteith, Lennox, Angus, and Mearns; for which reason the statute re-establishes the disabilities attached to the clan, and, grants a new commission for enforcing the laws against that wicked and rebellious race.

  Notwithstanding the extreme severities of King James I. and Charles I. against this unfortunate people, who were rendered furious by proscription, and then punished for yielding to the passions which had been wilfully irritated, the MacGregors to a man attached themselves during the civil war to the cause of the latter monarch. Their bards have ascribed this to the native respect of the MacGregors for the crown of Scotland, which their ancestors once wore, and have appealed to their armorial bearings, which display a pine-tree crossed saltire wise with a naked sword, the point of which supports a royal crown. But, without denying that such motives may have had their weight, we are disposed to think, that a war which opened the low country to the raids of the clan Gregor would have more charms for them than any inducement to espouse the cause of the Covenanters, which would have brought them into contact with Highlanders as fierce as themselves, and having as little to lose. Patrick MacGregor, their leader, was the son of a distinguished chief, named Duncan Abbarach, to whom Montrose wrote letters as to his trusty and special friend, expressing his reliance on his devoted loyalty, with an assurance, that when once his Majesty's affairs were placed upon a permanent footing, the grievances of the clan MacGregor should be redressed.

  At a subsequent period of these melancholy times, we find the clan Gregor claiming the immunities of other tribes, when summoned by the Scottish Parliament to resist the invasion of the Commonwealth's army, in 1651. On the last day of March in that year, a supplication to the King and Parliament, from Calum MacCondachie Vich Euen, and Euen MacCondachie Euen, in their own name, and that of the whole name of MacGregor, set forth, that while, in obedience to the orders of Parliament, enjoining all clans to come out in the present service under their chieftains, for the defence of religion, king, and kingdoms, the petitioners were drawing their men to guard the passes at the head of the river Forth, they were interfered with by the Earl of Athole and the Laird of Buchanan, who had required the attendance of many of the clan Gregor upon their arrays. This interference was, doubtless, owing to the change of name, which seems to have given rise to the claim of the Earl of Athole and the Laird of Buchanan to muster the MacGregors under their banners, as Murrays or Buchanans. It does not appear that the petition of the MacGregors, to be permitted to come out in a body, as other clans, received any answer. But upon the Restoration, King Charles, in the first Scottish Parliament of his reign (statute 1661, chap. 195), annulled the various acts against the clan Gregor, and restored them to the full use of their family name, and the other privileges of liege subjects, setting forth, as a reason for this lenity, that those who were formerly designed MacGregors had, during the late troubles, conducted themselves with such loyalty and affection to his Majesty, as might justly wipe off all memory of former miscarriages, and take away all marks of reproach for the same.

  It is singular enough, that it seems to have aggravated the feelings of the non-conforming Presbyterians, when the penalties which were most unjustly imposed upon themselves were relaxed towards the poor MacGregors;---so little are the best men, any more than the worst, able to judge with impartiality of the same measures, as applied to themselves, or to others. Upon the Restoration, an influence inimical to this unfortunate clan, said to be the same with that which afterwards dictated the massacre of Glencoe, occasioned the re-enaction of the penal statutes against the MacGregors. There are no reasons given why these highly penal acts should have been renewed; nor is it alleged that the clan had been guilty of late irregularities. Indeed, there is some reason to think that the clause was formed of set purpose, in a shape which should elude observation; for, though containing conclusions fatal to the rights of so many Scottish subjects, it is neither mentioned in the title nor the rubric of the Act of Parliament in which it occurs, and is thrown briefly in at the close of the statute 1693, chap. 61, entitled, an Act for the Justiciary in the Highlands.

  It does not, however, appear that after the Revolution the acts against the clan were severely enforced; and in the latter half of the eighteenth century, they were not enforced at all. Commissioners of supply were named in Parliament by the proscribed title of MacGregor, and decrees of courts of justice were pronounced, and legal deeds entered into, under the same appellative. The MacGregors, however, while the laws continued in the statute-book, still suffered under the deprivation of the name which was their birthright, and some attempts were made for the purpose of adopting another, MacAlpine or Grant being proposed as the title of the whole clan in future. No agreement, however, could be entered into; and the evil was submitted to as a matter of necessity, until full redress was obtained from the British Parliament, by an act abolishing for ever the penal statutes which had been so long imposed upon this ancient race. This statute, well merited by the services of many a gentleman of the clan in behalf of their King and country, was passed, and the clan proceeded to act upon it with the same spirit of ancient times, which had made them suffer severely under a deprivation that would have been deemed of little consequence by a great part of their fellow-subjects.

  They entered into a deed recognising John Murray of Lanrick, Esq. (afterwards Sir John MacGregor, Baronet), representative of the family of Glencarnock, as lawfully descended from the ancient stock and blood of the Lairds and Lords of MacGregor, and therefore acknowledged him as their chief on all lawful occasions and causes whatsoever. The deed was subscribed by eight hundred and twenty-six persons of the name of MacGregor, capable of bearing arms. A great many of the clan during the last war formed themselves into what was called the Clan Alpine Regiment, raised in 1799, under the command of their Chief and his brother Colonel MacGregor.

  Having briefly noticed the history of this clan, which presents a rare and interesting example of the inde
lible character of the patriarchal system, the author must now offer some notices of the individual who gives name to these volumes.

  In giving an account of a Highlander, his pedigree is first to be considered. That of Rob Roy was deduced from Ciar Mhor, the great mouse-coloured man, who is accused by tradition of having slain the young students at the battle of Glenfruin.

  Without puzzling ourselves and our readers with the intricacies of Highland genealogy, it is enough to say, that after the death of Allaster MacGregor of Glenstrae, the clan, discouraged by the unremitting persecution of their enemies, seem not to have had the means of placing themselves under the command of a single chief. According to their places of residence and immediate descent, the several families were led and directed by Chieftains, which, in the Highland acceptation, signifies the head of a particular branch of a tribe, in opposition to Chief, who is the leader and commander of the whole name.

  The family and descendants of Dugald Ciar Mhor lived chiefly in the mountains between Loch Lomond and Loch Katrine, and occupied a good deal of property there---whether by sufferance, by the right of the sword, which it was never safe to dispute with them, or by legal titles of various kinds, it would be useless to inquire and unnecessary to detail. Enough;---there they certainly were---a people whom their most powerful neighbours were desirous to conciliate, their friendship in peace being very necessary to the quiet of the vicinage, and their assistance in war equally prompt and effectual.

  Rob Roy MacGregor Campbell, which last name he bore in consequence of the Acts of Parliament abolishing his own, was the younger son of Donald MacGregor of Glengyle, said to have been a Lieutenant-Colonel (probably in the service of James II.), by his wife, a daughter of Campbell of Glenfalloch. Rob's own designation was of Inversnaid; but he appears to have acquired a right of some kind or other to the property or possession of Craig Royston, a domain of rock and forest, lying on the east side of Loch Lomond, where that beautiful lake stretches into the dusky mountains of Glenfalloch.

  The time of his birth is uncertain. But he is said to have been active in the scenes of war and plunder which succeeded the Revolution; and tradition affirms him to have been the leader in a predatory incursion into the parish of Kippen, in the Lennox, which took place in the year 1691. It was of almost a bloodless character, only one person losing his life; but from the extent of the depredation, it was long distinguished by the name of the Her'-ship, or devastation, of Kippen.* The time of his death is also uncertain, but as he is said to have survived the year 1733, and died an aged man, it is

  * See Statistcal Account of Scotland, 1st edition, vol. xviii. p. 332. Parish of * Kippen.

  probable he may have been twenty-five about the time of the Her'-ship of Kippen, which would assign his birth to the middle of the 17th century.

  In the more quiet times which succeeded the Revolution, Rob Roy, or Red Robert, seems to have exerted his active talents, which were of no mean order, as a drover, or trader in cattle, to a great extent. It may well be supposed that in those days no Lowland, much less English drovers, ventured to enter the Highlands. The cattle, which were the staple commodity of the mountains, were escorted down to fairs, on the borders of the Lowlands, by a party of Highlanders, with their arms rattling around them; and who dealt, however, in all honour and good faith with their Southern customers. A fray, indeed, would sometimes arise, when the Lowlandmen, chiefly Borderers, who had to supply the English market, used to dip their bonnets in the next brook, and wrapping them round their hands, oppose their cudgels to the naked broadswords, which had not always the superiority. I have heard from aged persons who had been engaged in such affrays, that the Highlanders used remarkably fair play, never using the point of the sword, far less their pistols or daggers; so that

  With many a stiff thwack and many a bang, Hard crabtree and cold iron rang.

  A slash or two, or a broken head, was easily accommodated, and as the trade was of benefit to both parties, trifling skirmishes were not allowed to interrupt its harmony. Indeed it was of vital interest to the Highlanders, whose income, so far as derived from their estates, depended entirely on the sale of black cattle; and a sagacious and experienced dealer benefited not only himself, but his friends and neighbours, by his speculations. Those of Rob Roy were for several years so successful as to inspire general confidence, and raise him in the estimation of the country in which he resided.

  His importance was increased by the death of his father, in consequence of which he succeeded to the management of his nephew Gregor MacGregor of Glengyle's property, and, as his tutor, to such influence with the clan and following as was due to the representative of Dugald Ciar. Such influence was the more uncontrolled, that this family of the MacGregors seemed to have refused adherence to MacGregor of Glencarnock, the ancestor of the present Sir Ewan MacGregor, and asserted a kind of independence.

  It was at this time that Rob Roy acquired an interest by purchase, wadset, or otherwise, to the property of Craig Royston already mentioned. He was in particular favour, during this prosperous period of his life, with his nearest and most powerful neighbour, James, first Duke of Montrose, from whom he received many marks of regard. His Grace consented to give his nephew and himself a right of property on the estates of Glengyle and Inversnaid, which they had till then only held as kindly tenants. The Duke also, with a view to the interest of the country and his own estate, supported our adventurer by loans of money to a considerable amount, to enable him to carry on his speculations in the cattle trade.

  Unfortunately that species of commerce was and is liable to sudden fluctuations; and Rob Roy was, by a sudden depression of markets, and, as a friendly tradition adds, by the bad faith of a partner named MacDonald, whom he had imprudently received into his confidence, and intrusted with a considerable sum of money, rendered totally insolvent. He absconded, of course---not empty-handed, if it be true, as stated in an advertisement for his apprehension, that he had in his possession sums to the amount of L1000 sterling, obtained from several noblemen and gentlemen under pretence of purchasing cows for them in the Highlands. This advertisement appeared in June 1712, and was several times repeated. It fixes the period when Rob Roy exchanged his commercial adventures for speculations of a very different complexion.*

  * See Appendix, No. I.

  He appears at this period first to have removed from his ordinary dwelling at Inversnaid, ten or twelve Scots miles (which is double the number of English) farther into the Highlands, and commenced the lawless sort of life which he afterwards followed. The Duke of Montrose, who conceived himself deceived and cheated by MacGregor's conduct, employed legal means to recover the money lent to him. Rob Roy's landed property was attached by the regular form of legal procedure, and his stock and furniture made the subject of arrest and sale.

  It is said that this diligence of the law, as it is called in Scotland, which the English more bluntly term distress, was used in this case with uncommon severity, and that the legal satellites, not usually the gentlest persons in the world, had insulted MacGregor's wife, in a manner which would have aroused a milder man than he to thoughts of unbounded vengeance. She was a woman of fierce and haughty temper, and is not unlikely to have disturbed the officers in the execution of their duty, and thus to have incurred ill treatment, though, for the sake of humanity, it is to be hoped that the story sometimes told is a popular exaggeration. It is certain that she felt extreme anguish at being expelled from the banks of Loch Lomond, and gave vent to her feelings in a fine piece of pipe-music, still well known to amateurs by the name of ``Rob Roy's Lament.''

  The fugitive is thought to have found his first place of refuge in Glen Dochart, under the Earl of Breadalbane's protection; for, though that family had been active agents in the destruction of the MacGregors in former times, they had of late years sheltered a great many of the name in their old possessions. The Duke of Argyle was also one of Rob Roy's protectors, so far as to afford him, according to the Highland phrase, wood and water--
-the shelter, namely, that is afforded by the forests and lakes of an inaccessible country.

  The great men of the Highlands in that time, besides being anxiously ambitious to keep up what was called their Following, or military retainers, were also desirous to have at their disposal men of resolute character, to whom the world and the world's law were no friends, and who might at times ravage the lands or destroy the tenants of a feudal enemy, without bringing responsibility on their patrons. The strife between the names of Campbell and Graham, during the civil wars of the seventeenth century, had been stamped with mutual loss and inveterate enmity. The death of the great Marquis of Montrose on the one side, the defeat at Inverlochy, and cruel plundering of Lorn, on the other, were reciprocal injuries not likely to be forgotten. Rob Roy was, therefore, sure of refuge in the country of the Campbells, both as having assumed their name, as connected by his mother with the family of Glenfalloch, and as an enemy to the rival house of Montrose. The extent of Argyle's possessions, and the power of retreating thither in any emergency, gave great encouragement to the bold schemes of revenge which he had adopted.

  This was nothing short of the maintenance of a predatory war against the Duke of Montrose, whom he considered as the author of his exclusion from civil society, and of the outlawry to which he had been sentenced by letters of horning and caption (legal writs so called), as well as the seizure of his goods, and adjudication of his landed property. Against his Grace, therefore, his tenants, friends, allies, and relatives, he disposed himself to employ every means of annoyance in his power; and though this was a circle sufficiently extensive for active depredation, Rob, who professed himself a Jacobite, took the liberty of extending his sphere of operations against all whom he chose to consider as friendly to the revolutionary government, or to that most obnoxious of measures---the Union of the Kingdoms. Under one or other of these pretexts, all his neighbours of the Lowlands who had anything to lose, or were unwilling to compound for security by paying him an annual sum for protection or forbearance, were exposed to his ravages.