MacGregor, with a strong party, made an unexpected attack on the flank. A great part of the Colquhouns' force consisted in cavalry, which could not act in the boggy ground. They were said to have disputed the field manfully, but were at length completely routed, and a merciless slaughter was exercised on the fugitives, of whom betwixt two and three hundred fell on the field and in the pursuit. If the MacGregors lost, as is averred, only two men slain in the action, they had slight provocation for an indiscriminate massacre. It is said that their fury extended itself to a party of students for clerical orders, who had imprudently come to see the battle. Some doubt is thrown on this fact, from the indictment against the chief of the clan Gregor being silent on the subject, as is the historian Johnston, and a Professor Ross, who wrote an account of the battle twentynine years after it was fought. It is, however, constantly averred by the tradition of the country, and a stone where the deed was done is called Leck-a-Mhinisteir, the Minister or Clerk's Flag-stone. The MacGregors, by a tradition which is now found to be inaccurate, impute this cruel action to the ferocity of a single man of their tribe, renowned for size and strength, called Dugald, Ciar Mhor, or the great Mouse-coloured Man. He was MacGregor's foster-brother, and the chief committed the youths to his charge, with directions to keep them safely till the affray was over. Whether fearful of their escape, or incensed by some sarcasms which they threw on his tribe, or whether out of mere thirst of blood, this savage, while the other MacGregors were engaged in the pursuit, poniarded his helpless and defenceless prisoners. When the chieftain, on his return, demanded where the youths were, the Ciar (pronounced Kiar) Mhor drew out his bloody dirk, saying in Gaelic, "Ask that, and God save me!" The latter words allude to the exclamation which his victims used when he was murdering them. It would seem, therefore, that this horrible part of the story is founded on fact, though the number of the youths so slain is probably exaggerated in the Lowland accounts. The common people say that the blood of the Ciar Mhor's victims can never be washed off the stone. When MacGregor learnt their fate, he expressed the utmost horror at the deed, and upbraided his foster-brother with having done that which would occasion the destruction of him and his clan. This supposed homicide was the ancestor of Rob Roy, and the tribe from which he was descended. He lies buried at the church of Fortingal, where his sepulchre, covered with a large stone,* is still shown, and where his great strength and courage are the theme of many traditions.†

MacGregor's brother was one of the very few of the tribe who was slain. He was buried near the field of battle, and the place is marked by a rude stone, called the Grey Stone of MacGregor.

Sir Humphrey Colquhoun, being well mounted, escaped for the time to the castle of Banochar, or Benechra. It proved no sure defence, however, for he was shortly after

* I have been informed, that, at no very remote period, it was proposed to take this large stone, which marks the grave of Dugald Ciar Mhor, and convert it to the purpose of the lintel of a window, the threshold of a door, or some such mean use. A man of the clan MacGregor, who was somewhat deranged, took fire at this insult; and when the workmen came to remove the stone, planted himself upon it, with a broad axe in his hand, swearing he would dash out the brains of any one who should disturb the monument. Athletic in person, and insane enough to be totally regardless of consequences, it was thought best to give way to his humour; and the poor madman kept sentinel on the stone day and night, till the proposal of removing it was entirely dropped.

The above is the account which I find in a manuscript history of the clan MacGregor, of which I was indulged with a perusal by Donald MacGregor, Esq., late Major of the 33d regiment, where great pains have been taken to collect traditions and written documents concerning the family. But an ancient and constant tradition, preserved among the inhabitants of the country, and particularly those of the clan MacFarlane, relieves Dugald Ciar Mhor of the guilt of murdering the youths, and lays the blame on a certain Donald or Duncan Lean, who performed the act of cruelty, with the assistance of a gillie who attended him, named Charlioch, or Charlie. They say that the homicides dared not again join their clan, but that they resided in a wild and solitary state as outlaws, in an unfrequented part of the MacFarlanes' territory. Here they lived for some time undisturbed, till they committed an act of brutal violence on two defenceless women, a mother and daughter of the MacFarlane clan. In revenge of this atrocity, the MacFarlanes hunted them down, and shot them. It is said that the younger ruffian, Charlioch, might have escaped, being remarkably swift of foot. But his crime became his punishment, for the female whom he had outraged had defended herself desperately, and had stabbed him with his own dirk in the thigh. He was lame from the wound, and was the more easily overtaken and killed.

I always inclined to think this last the true edition of the story, and that the guilt was transferred to Dugald Ciar Mhor, as a man of higher name, but am now convinced of the error. I have learned from Mr. Gregorson of Ardtornish, lineal representative of Dugald Ciar Mhor, that Dugald was in truth dead several years before the battle.

1829.

murdered in a vault of the castle,-the family annals say by the MacGregors, though other accounts charge the deed upon the MacFarlanes.

This battle of Glenfruin, and the severity which the victors exercised in the pursuit, was reported to King James VI. in a manner the most unfavourable to the clan Gregor, whose general character, being that of lawless though brave men, could not much avail them in such a case. That James might fully understand the extent of the slaughter, the widows of the slain, to the number of eleven score, in deep mourning, riding upon white palfreys, and each bearing her husband's bloody shirt on a spear, appeared at Stirling, in presence of a monarch peculiarly accessible to such sights of fear and sorrow, to demand vengeance for the death of their husbands, upon those by whom they had been made desolate.

The remedy resorted to was at least as severe as the cruelties which it was designed to punish. By an act of the Privy Council, dated 3d April 1603, the name of MacGregor was expressly abolished, and those who had hitherto borne it were commanded to change it for other surnames, the pain of death being denounced against those who should call themselves Gregor or MacGregor, the names of their fathers. Under the same penalty, all who had been at the conflict of Glenfruin, or accessory to other marauding parties charged in the act, were prohibited from carrying weapons, except a pointless knife to eat their victuals. By a subsequent act of Council, 24th June 1613, death was denounced against any persons of the tribe formerly called MacGregor, who should presume to assemble in greater numbers than four. Again, by an act of Parliament, 1617, chap. 26, these laws were continued, and extended to the rising generation, in respect that great numbers of the children of those against whom the acts of Privy Council had been directed, were stated to be then approaching to maturity, who, if permitted to resume the name of their parents, would render the clan as strong as it was before.

The execution of those severe acts was chiefly intrusted in the west to the Earl of Argyle, and the powerful clan of Campbell, and to the Earl of Athole and his followers in the more eastern Highlands of Perthshire. The MacGregors failed not to resist with the most determined courage; and many a valley in the West and North Highlands retains memory of the severe conflicts, in which the proscribed clan sometimes obtained transient advantages, and always sold their lives dearly. At length the pride of Allaster MacGregor, the chief of the clan, was so much lowered by the sufferings of his people, that he resolved to surrender himself to the Earl of Argyle, with his principal followers, on condition that they should be sent out of Scotland. If the unfortunate chief's own account be true, he had more reasons than one for expecting some favour from the Earl, who had in secret advised and encouraged him to many of the desperate actions for which he was now called to so severe a reckoning. But Argyle, as old Birrell expresses himself, kept a Highlandman's promise with them, fulfilling it to the ear, and breaking it to the sense. MacGregor was sent under a strong guard to the frontier of England, and being thus, in the literal sense, sent out of Scotland, Argyle was judged to have kept faith with him, though the same party which took him there brought him back to Edinburgh in custody. 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 conducing 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 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 nonconforming 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 indelible 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

* Erroneously accused. See a preceding note, p. 4.

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 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,

* See Statistical Account of Scotland, (1st edit.) vol. xviii. page 332. Parish of Kippen.