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GEORGE CLARK, PIPER TO THE SEVENTY-FIRST. is still pointed ont unto strangers; and it was
The piper of this regiment being severely observed, that he who pulled it down was ever wounded at the battle of Vimeira, in°1809, was afterwards unprosperous. The ground around it unable to keep his legs, but this did not damp his was consecrated for buying. It is considered as military ardour, for raising himself on the ground the most ancient place of worship in the parish. he called out,
“I canna gang farther wi' you, lads, After the nunnery at the Sheens was founded, the but deil ha' my saul if ye shall want music;" and nuns there made an annual solemn procession to he continued to animate them with his most war- this chapel and well in honour of St. Katherine, like airs. ST. KATHERINE'S BALM-WELL AND CHAPEL.
Assuming that there must be tithes, and that in At St. Katherine's, in the parish of Liberton, the hands either of the church or of lay impronear Edinburgh, is a famous well. Oily substan- priators, they form a separate property, the Scotces of a black colour are continually floating on the tish Legislature, in 1633, applied the fullest resurface. These are called Petroleum. Remove medy which the nature of the thing permitted. as many of them as you please, still the same They lay it down as a great principle that the ipsa quantity, it has been observed, remains. It is corpora of the tithes should in no case be levied ; called the Balm-Well of St. Katherine. It was that the proprietor, or occupier of the ground, much frequented in ancient times, and considered should not srffer any immediate interruption or as a sovereign remedy for several cutaneous dis- molestation, in the reaping and management of iem pers. It owes its origin, it is said, io a mira- his crop, which, in the first instance, should be cle in this manner: St. Katherine had a commis- entirely at his own disposal, precisely as if it had sion from St. Margaret, consort of Malcolm Can not been tithable, or, as if he had lease of his more, to bring a quantity of oil from Mount Sinai. tithes from the impropriator, at a fixed rent. To In this very place she happened, by some acci- accomplish this consistently with the interest of dent or other, to lose a few drops of it, and, on the impropriators, and of the church, a judicial her earnest supplication, the well appeared as valuation of the titles throughout the kingdom just now described. When King James VI. was was ordered. That valuation was conducted upon in Scotland, in 1617, he went to visit it; and or- principles of great indulgence to the proprietors; dered that it should be fenced in with stones from for where the tithe was drawn in kind, a fifth part bottom to top, and that a door and stair-case was deducted, in estimating the rate at which they should be made for it, that people might have the were to be valued, and paid in future. When more easy access unto ihe oily substances which they were not drawn in kind, a fifth part of the floated always above, and which were deemed of rent paid to the proprietor by the tenant occupyso much importance. The royal command being ing the ground, was taken as the value of the immediately obeyed, the well was greatly adorned, tithe, and in estimating the rent, of which a fifth and continued so until the year 1650, when Crom- part was so taken, very large and liberal deducwell's soldiers not only defaced it, but almost tions were made in favour of the proprietor. The totally destroyed it. It was be paired, indeed, after valuation of the tithe so made, was the rule for its the Restoration, but it did not appear to such ad future payment in all time to come, either to the vantage as before.
church, or to the titular. The proprietor of the Ilard by this well a chapel was erected, and de- ground was, and is liable to no further demand, dicated to St. Margaret. St. Katherine was buried from either of these parties; and the valued rat in the chapel, and the place where her bones lie of the tithe, thus forms an invariable compulsory
and judicial rent, to the extent of which, alone, | The rents of mills and ferries are also abated. the proprietor can ever be made accountable, When a rent has been created by extraordinary either to the church, or to the impropriator. improvements, as by draining a lake, or by reco
In the end of the seventeenth, and beginning of vering land from the sea, a proportionable dethe last century, the valuations went on rapidly ;duction must be made. The rents of orchards, and at this day, infinitely the greater part of the too, as they produce no crops which, by the law tithes, whether in the hands of the crown or lay of Scotland, were tithable, must be deducted in impropriators, have been valued. There are still calculating the rent : so likewise must any addi
ithes, and perhaps to a considerable extent, un- tional rent which may be paid by the tenant, in valued; but the system of valuation has made a consequence of the landlord undertaking any bur. benelicial arrangement with respect even to them. den which, by law, is incumbent on the tenant Tithes levied in kind are almost unknown over Such, for example, as the repair of houses. The Scotland, except perhaps in Orkney or Shetland, general role of law, in short, is, that the valued and where they have not been valued, they are ge- tithes are a fifth part of the rent, which a tenant nerally leased to the proprietor for a fixed rent. It truly pays in consideration of those fruits of the is in the power of tiie minister of the parish, the land that are tithable. If the land be in the improprietor, or the titular, to demand at any time mediate occupation of the proprietor, then the a valuation of the tithes that have vot yet been tithes are a fifth part of the rent it is really worth, valued. The application of the law, however, is in consideration of its tithable fruits. The leannow left entirely to their own interest, and is not ing of the courts in the application of the law is enforced by such means as were adopted before always in favour of "the proprietor of the ground. the Restoration. We have already mentioned, It must be allowed, however, that in estimating that when tithes were drawn in kind they were the advantages to Scotland, that have flowed estimated according to their actual value, under from the system of valuation, a great deal must deduction of a fifth part, or what was called the be attributed to the remote date at which the kini's eas.. It very rarely happens, however, greater number of valuations have been made, urai any valuations are now made in this mode; and to the piodigious advance of the country in for, in general, the rent of the land is taken, a the intervening period; where the valuation was fifth part of which is held to be the value of the mode in money, the benefit arising to the protithe. But in estimating the rent by which the prietor has been prodigious; but even where it tithe is so computed, de:ductions are made of too has been made in grain, the valuation has cppragreat an extent to be passed over without some ge- ted as a great diminution of the tithes. The neral notice. For example, an income derived greater number of estates in Scotland, valve by the proprietor fion what is a part of the land, during the course of the seventeenth century, r rather than of its fruits, is deduciet in estimating the beginning of the eighteenth, instead of paris the rents, because the tithe is due out of the a tithe, probably do not pay a thirtieth or foriker fruits only. Thus the rents of a lead-inine, or coal-pa of ihe tithable produce. This early ador pit, of a clav-pil, or a peat-moss, are all derluctation of the system has perhaps been the cause e' ed in estimating the rent ; beransa, by the law of the great benefits that have resulted from it. I Scotland, no tiihe is due from idese subjects. has been seen, that one great principle of the kr Abatement is also ina le for the rent of any s scheme was to enable every proprietor to pure pernumerary houses upon the estate ; that is to chase i he rights to his own tithes. The price rain Siy, of any houses b. vond those which may ba scribed in the statute 1633, chap. 17, is nine vear
cessary for the proper cultivation of the land. purchase; but the interest of money has been, il then, ten per cent. in Scotland; and it was only / uses, were not liable to be sold, but were only reduced to eight by a statute of the same year. subject to valuation. Sir John Connel stales The advantage, therefore, was not so great as it that almost all these tithes are now valued ; of may now appear; especially when it is consider- course the proprietor is liable only for the amount ed the proprietor did not by that purchase acquire of the valuation, whether the tithes remained enthe absolute right to his tithes, but remained tirely with the titular, or have been in whole or subject to the extent of their valued rate for the part allotted to the minister, as stipend. stipend which either had been, or night afterwards be, awarded by the commissioners to the minister
TAKING OF BERWICK, 1318. of the parish. The Large Declaration declares One Spalding, a citizen oi Berwick, having been that, according to the rate of purchasing in Scot- harshly treated by the governor, resolved to reland, the price of tithes was estimated to the ut- ven e himself. He wrote to a Scottish lord, termost farthing ; and undoubtedly, if the rate of whose relation he had married, and offered on a interest and the burdens to which the tithes were certain night to betray the post where he kept liable be taken into account, there is every reason guard. The Scottish lord, who durst not of himself to suppose that they were not estimated much be- engage in an enterprise so perilous and important, low their value. It is not surprising, therefore, communicated this intelligence to the king,“ You to find that there are few sales previous to the did well,” said the king, “ in making me your Union. Sir John Connel mentions that he found confident ; for if you had told this either to Ranonly two sales prior to the Restoration, and four dolph or to Douglas, you would have offended been the Restoration and the Cnion; subye- the one you did not trust. Both of them shall aid quent to which period they continued to increase, you in the execution of the enterprise.” The both where the tithes had been valued-and where king commanded bim to assemble a body of troops, a valuation had been demanded for the first time. and repair to a certain place. He gave separate The reduction in the rate of interest, and the fall orders io Randolph and Douglas, for rendezvousin the value of money, while the rate of purchase ing at the same place and hour. The troops thus continued the same, gave every day additional cautiously assembled, marched to Berwick, and advantage to the proprietor; and, during the assisted by Spalding scaled the walls, and in a few eighteenth century, sales were very numerous. hours were masters of the town, 28th of March, Where the tithes, too, were vested in the patrons, 1318. The English bistorians acknowledge that by the acts of William and Mary, the proprietor the Scotch gave quarters to all who derranded it. purchased on yet easier terms, because the pa- The garrison of the castle, and the men who had tron was obliged to sell the tithes he acquired fled into it from the town, perceived that the numunder these statutes at the rate of six years' puro ber of Scots were small, and made a desperate chase. Still the tithes so purchased remain liable sally ; but they were repulsed chiefly by the exfor the stipend of the minister to the extent, that traordinary valour of a young knight, Sir William is to say, of their valued rent; and as the circum- Keith, of Galston. When the king of Scots heard
; stances of the country have led to a constant aug- the prosperous result of the enterprise against mentation of stipend, and at no distant intervals the town of Berwick, he collected what forces he the advantage of the purchase was not so great could, bastened to the siege of the castle, and as it at tirst sight appears. The tithes which be- obliged the English to capitulate. Ble coinmitlonged to the bishops, and which became vested ted the charge of this important acquisition to in the crown, on the abolition of prelacy, and Walter, the Siewart of Scotland. The Stewart those belonging to colleges, or destined to pious nor doubtilig that the Englislı would endeavouras
recover Berwick, made preparations for sustaining | pected, they marched away in a body, and took a siege, and assembled his own kindred and vas- possession of a hill above the town of Burntisland, sals to aid him in the discharge of his trust. continuing firm to their purpose, but abstaining
from all violence; and when several other young soldiers wished to join them, perhaps as much
for the sake of the frolic as of any thing else, This gentleman, of the family of Cushnie, was about the person of the young pretender, the day them they had no cause of complaint, and no
they ordered them back to their quarters, telling of the battle of Culloden, and after the flight re- claims to be adjusted, and that therefore they ceived from him a message, thanking him for his ought to obey their officers, and do their duty, fidelity and courage, and desiring him to provide and leave them, the Highlanders, to answer for for his own safety. He went abroad, and resided their conduct.' Things remained in this state for many years at Rome, which he has desc;ibed in his celebrated work,“ Remarks on the Antiquities
some days. The Highlanders regularly sending of Rome and its Environs.” This book cannot parties to the town for their provisions, and paybe too highly praised, and its merits can be best ing punctually for what they procured. It hapappreciated by him who has used it as his guide pened fortunately that the regiment was at that in the survey of the magnificent remains of the time commanded by Major Alexander Donaldson, capital of the world. Mr. Lumsden afterwards than conciliating. Born in the Highlands, he had
an officer of great experience, and not less firm passed many years at Paris, in the first literary served nineteen years in the forty-second regicircles, in the reign of Lewis XVI. His amiable manners rendered him every where welcome. He ment, and understood perfectly the peculiar habits died in his eighty-first year, at Aberdeen, Decem- Lieutenant Robert Barclay, ihe paymaster, an
and dispositions of his countrymen, and aided by ber 26th, 1802, on a visit to his native city, at investigation took place, and every man's claim the house of John M'Gowan, Esq., who had been
was clearly made out. When this statement was the friend and companion of his youth.
laid before Lord Macdonald, on his arrival, he
advanced the money claimed by the soldiers, MACDONALD'S HIGHLANDERS, or SEVENTY
which amounted to a considerable sumi, taking upon SIXTH REGIMENT.
himself the risk of recovering it from those whose In the year 1779, this corps was ordered up conduct had nearly ruined a brave and honourable from Fort George for embarkation, and quartered body of men, as they afterwards proved themin Burntisland and King horn. Soon after they ar- selves to be. The result shows how this act of rived there, great numbers of the Highlanders insubordination was thought of; for no man was were observed in parties in earnest conversation. brought to a trial, or even put in confinement, and In the evening of the third day each company when all was settled, they embarked with the gave in a written statement, complaining of non-greatest alacrity. performance of promises of bounty money, un
SPIRITED REPLY OF THE DUKE OF ARGYLE. paid, &c. and accompanied their statement with a declaration, that till these were satisfactorily set- Queen Caroline was so much incensed at the thed they would not embark. They requested at conduct of the Scots in the affair of Captain Porthe same time that Lord Macdonald, the chief and teus, that she threatened to turn Scotland into a patron of the regiment, should be sent for to see hunting-park. The duke of Argyle replied “Then. justice done to them. An answer not having been please your Majesty, it is time I were gone down
urned soon enough, or in the manner they ex-lio collect my hounds."
with Rob Roy, who was to purchase the cattle,
and drive them to England for sale, the duke and It was only in modern times that the Highland he advancing an equal sum ; (10,000 morks each, chiefs deigned to accept charters for their lands; a large sum in those days, when the price of the and they preferred the pride of holding them by best ox or cow was seldom twenty shillings ;) all the valour of their clans. Macdonald, of kep- transactions beyond this amount to be on credit. poch, after charters came in use, refused to com- The purchases having been completed, Macgregor ply with the custom, saying he did not choose to drove them to England; but so many people had hold his land in a sheep-skin. This proud inde- entered into the same speculation, that the market pendence proved unfortunate for his family, as it prevented their recovery of their lands, lost on for much less ihan prime cost.
was completely overstocked, and the cattle sold account of their conduct in 1745, after the general
Macgregor returned home, and went to the duke, pardon and amnesty had been granted. The es
to settle the account of their partnership, and to tates went to a distant branch.
pay the money advanced, with the deduction of the loss. The duke, it is said, would consent to
no deduction, but insisted upon principal and Robert Macgregor Campbell was a younger son interest. “In that case, my lord," said Macgreof Mr. Macgregor of Glengyle, (a 'respectable gor, “ if these he your principles, I shall not family in Perthshire,) by a daughter of Campbell make it my principle to pay the interest, nor my of Glenlyon, sister to the commander at the mas-interest to pay the principal; so that if your sacre of Glenco. He was born some time between Grace do not stand your share of the loss, you 1657 and 1660, and married Helen Campbell, of will have no money from me.” On this they the family of Glenfalloch. As cattle was at that separated. No settlement of accounts followed; period the principal marketable produce of the the one insisting on retaining the money unless hills, the younger sons of gentlemen had few other the other would consent to bear his share of the means of procuring an independent subsistence, loss. Nothing decisive was done, till the rebellion than by engaging in this sort of traffic.
of 1715, when Rob Roy was out,” his nephew At an early period Rob Roy was one of the Glengyle commanding a numerous body of the most respectable and successful drovers in his Macgregors, but under the control of his uncle's district. Before the year 1707, he had purchased superior judgment and experience. On this occaof the family of Montrose, the lands of Craig-sion the duke of Montrose's share of the cattle rostane, on the banks of Lochlomond, and had speculation was expended. The next year his relieved some heavy debts on his nephew's estate Grace took legal means to recover his money, and of Glengyle. While in this prosperous state he got possession of the lands of Craigrostane, on continued respected for his honourable dealings, account of his debt. This rendered Macgregor both in the Lowlands and Highlands.
desperate. Determined that his Grace should not Previously to the Union, no cattle had been enjoy his lands with impunity, he collected a permitted to pass the English border. As a boon, band of about twenty followers, declared open
or encouragement, however, to conciliate the peo- war against him, and gave up his whole course of * ple to that measure, a free intercourse was allowed. regular droving, declaring thai the estate of Mon
The marquis of Montrose, created duke the same trose should in future supply him with cattle, and This year, one of the most zealous partizans of the that he would make the duke rue the day he quar
Union, was the tirst to take advantage of this pri- relled with him. He kept his word; and for vilege, and immediately entered into partnership nearly thirty years, that is, till the day of his