like afterwards. Pursuant to this Rule, an easy and certain method might be fallen upon; for example 1st Let the most leading, the most powerful, and the most malicious of the Rebels, be pitched upon; let them be executed if in Custody; if not, their estates forfeited forever. These men, in both nations, might possibly not exceed the number of 20 or thereby. 2 Let an Indemnity, by Act of Parliament, be published to all (excepting such as his Majesty shall think fit) who shall surrender against a certain day, and at a certain place, and there to have their names recorded. 3 diy Let those persons be only entitled to pardon and to their estates, upon their finding bail, 1. for their good behaviour; 2. That they shall meddle in no public business, elections, &c. 3. That they shall present themselves once or oftener a year at Edinburgh, or where his Majesty shall think fit, there to answer to any Charge that can be made against them; and 4. That they shall neither wear arms, nor converse one with the other, nor go without their respective Counties without licence, under several Penalties. These or such like securities might be devised, whereby the Government would be absolutely safe, and the minds of all men sweetened; whileas, at the same time, by the execution of the most remarkable Criminals all the ends of Punishment would be fulfilled. And if some such measure is not pursued, it is with the last degree of regret I tell you, that the Pretender will gain many more friends by the punishment of the Rebels, than he will lose by their overthrow. After representing this important false step, I next proceed to take notice of another; which, tho' of less prejudice to the K. creates a very general disrespect to his ministry; and that is, that in a Season when matters of the greatest weight are on the Wheel, this Country should be entirely neglected, and the management of it committed to a set of men hated or despised by almost all the King's friends. You cannot be ignorant, that the set of men known here by the name of Squadroné have in a very particular manner been of many years odious to the people, on account of their selfish adherence to one another, in opposition to every interest but their own; and you may easily persuade yourself, that they have recommended themselves very little by their mean assentation to what has so sensibly injured their Country; especially as their interest at the bottom is very inconsiderable, extending little farther than the individual confederates. These men are become in a more particular manner the derision of the King's friends; since it is found out, that they, who never did or durst attempt a laudable thing for his Service whilst danger threatened the Constitution, have now had hardiness enough to arrogate the merit of every useful action to themselves, and to aim at blackening the Reputation of the King's General, by whose conduct and authority alone, we are all satisfied, the torrent of the Rebellion could possibly have been stopped. It is no small cause of discontent, to such as served the King faithfully in this Nation, to find, that a Ministry can be so designing, or so far imposed on, as to quit with the Duke of Argyle; worthy in himself, but chiefly valuable for his steady adherence to his Majesty; moved by a parcel of fictions, contrived and abetted by certain politicians, who are become a proverb in their Country. Nobody here can forget the fictitious scheme contrived by Gen' Cadogan in the beginning of February last; by which he persuaded the Court that it was then possible to pursue the Rebels into their hills, and obtained orders for that purpose, of design to have detained the D. of Argyle about that affair. No one can forget, that the same General, General, having found means to delay his expedition till April, undertook it then, without a possibility of Success: and every one still has it fresh in his memory, that this man, having fatigued the troops, and spent a great deal of money, was necessitated, by a treaty dishonourable to the Government, to save his own shame in making articles with a puny highland Chief, G— ; inconsiderable in every other respect, than as he was a malicious Rebel, and famous for obtaining Conditions of the British General, which afterwards were ratified by a formal Remission; and the King's friends will long remember, that this pardoned Rebel was lately, in this town, a very forward man of Council with the Squadroné in all their meetings. This instance of the Court being imposed on, by the knot of men now mentioned, to grant a remission to the worthlessest rogue living, is no small mortification to the lovers of the Constitution; and it receives a good deal of addition from what is at present a doing; viz. a distinction, that every prisoner who was taken in Action, or surrendered himself to the King's mercy, in the hands of the D. of Argyle, is ordered to be transported to England to be tried; whereas those who surrendered to any of the Party aforesaid are almost all left at home; and if any one goes alongst with the rest, it is of design that he may escape for want of evidence; as in the case of McKenzie of Fraserdale, in whose behalf the D. of Athol, to whom he surrendered, undertakes to prove, that he was forced into the Rebellion, tho' he actually marched at the head of 500 men to Perth. It is scarce supposible, that a ministry could do a thing more lawless or more injudicious than to commit the Care of Public management, at a time so critical as this is, to men so much the derision, and at the same time so much the aversion, of their Country, as those to whom that Charge is committed in Scotland. Now, Sir, do you judge if it is for the honour or interest of the King, or his ministry, at a time when the Nation is (I must say) in a just ferment, to entrust the Public Concern to such managers, especially when the Kingdom is yet at a loss how to account for the disgrace of that man, whom they lately accounted, under the King, their bulwark against Popery and Tyranny. By what I have said in the onset, Sir, you may guess I will not rest satisfied singly with having transmitted this to you. I must know something of your sentiments about it. I'm resolved to wait till the 20th of September; and if in the London Gazette, before that date, I see nothing advertised concerning a letter dated and signed as this is, you may trust to it, I shall complain of it in such a manner, as you shall have no reason to be satisfied. YOUR Election has made as great a noise here as at Inverness, & made people very busy on both sides. Our great ffids did second me w' ye Prince & Ministry; & tho ye Earle roares, & the Knight lyes, it will be of no use. We are highly oblidged to M' Ridpath: he has fought the quarrel manfully in spight of ye threats of the E. to take him up for Scandalum magnatum. His Flying Post & Castlehill's letter is this day before the Prince & Ministry; so they have brought their Hogs to a base market. I hope their Success at Elgin will be the same; as, if I had been at home, I would K . would have put Thundertown the right way. I hope Sir Henry has done his duty on this occasion. I hope to take journey y next Week. I have been busy to get a Gift to Fraserdale's tryal, y' my Gift may be secure of his life real Escheat, which will make me Master of y Estate of my fathers if he'll live but a few years by the help of my dr General, who is now very melancholly, as well as you. I was surpris'd when M' Strahan told your ffid Mrs. Purvis y' he had a letter from you, telling y' y' mother is dead, & yet Castlehill says nothing of it in his of the 15th. I sincerely partake w your grief; for she was one of the best of Women, allwayes doing good to her Grand Children & y poor. I had a very great respect for her, & I allwayes found her my passionat fird; receive my compliment on y' head for yrself & for all your family, whom I love & honor; & believe me, while I breathe, London, y' 29 of Septre 1716. D' Sir, & most Obedient humble Servant, LOVAT. No. LXXXIV. D' Sir, Lord Lovat [probably to Mr. Baillie]. I ONLY send you this to let you know y' Monday morning I go for ye Bath, where I'll stay but short, & endeavour to be at Ed' before ye first of Nobre. I intreat you aquant both Duncan & John Forbes, that ther Inverness busines coast trouble to me & to their other ffids; & yt I admire why John Forbes suffers himself to be calumniat by those people, by open Memorials to the Cabinet Council, w'out John Forbes writing to any of the Secretarys. If I had not spoke so oportunly to my L' Chancellor & to my La Townshend, I belive the affaire would have gone wrong. It has keep'd y great Brothers & me in hot water these ten dayes. I beg you send ym this Letter, y' they may know that I & their other ffîds are angry y John Forbes did not writ to my L Townshend & to M' Walpole, who apear both his ffrds. But I beg he may do it how soon this comes to his hands, yt ye ministry may know their infamous proceedings. I hope they will one day or other smart for it. Ádieu. I am most intierly ye 6 of Octobre 1716. Yours, &c. LOVAT. No. LXXXV. D' Duncan, Lord Belhaven to Mr. Duncan Forbes. London, Oc. 6th, 1716. I HAVE inclos'd a letter to you from the Lord Ilay, a great part of which concerns an affair of mine. The Case in short is, that I have got a promise of the Lord · Kintore's place, of Knight Marshall of Scotland; who have been in Rebellion; which place he had during his life. Now the Question is, which is the proper method to proceed, to forfeit this Office to the Crown? the Lord Ilay, and many others, are of Opinion, that he ought to be cited to attend his Office in Sixty days, according to the law of Scotland, at the Peers, and those of Leeth; and upon his not appearing, the Lords of the Session ought in law to declare his Office forfeted to the Crown; but I refer you to a paper I sent down to my Brother some time agoe, which is more distinct then I can write you. The Secretarie have often write to S' James Stewart concerning this affair, but nothing have been done; so I must entreat you to concert with my Brother, and other Lords, which is the best and most expeditious method of doing this affair; for it concerns me to have it soon done. There is one method that will do, without all dispute; which is, the finding of Evidence of that Lord's being in Rebellion; and upon their Deposition before the Judges at Carlisle, a Bill may be found against him. If all [other] methods are ineffectual, this must be tryed, but I had much rather any other would do. D' Duncan, you know most of your great people with you will rather obstruct than forward any thing that concerns me; so must entreat your assistance. My Brother will consult any other Lawyer with you that you think fitt. So, D' Duncan, BELHAVEN. Your No. LXXXVI. EXTRACT of an Act of Councill. The Magistrats and Councillours of Invernes to M' Duncan Forbes, Advocat. 1716. ATT Invernes, the Eight day of October One thousand seven hundred and sixteen years, In presence of John Forbes of Culloden, Provost; James Thomson, James Dunbar, and William Fraser, Baillies; James Mackintosh, Dean of Gild; Thomas Alves, Thesaurer, and remanent Councillours of the said Burgh then convened That day the Magistrats and Councill, takeing to their serious consideration how necessary it is for the Burgh to have a fitt and qualified Advocatt to act and doe for them in all maters that may concern the Burgh in Generall; And they being weell versed in, and knowing the qualifications of, M' Duncan Forbes, Advocat: As also considering how active he was in suppressing the late Rebellion against his Majesty King George; Therefore they do nominat and appoynt the said M' Duncan Forbes as their Advocat for this Burgh; To act in all publick affairs and Debates wherin the Burgh in general may be concerned. For which the saids Magistrats and Councill bind and obleidge them and their successors in place and office To pay to the said M' Duncan Forbes, his Heirs or Affigneys, the sum of Twenty Merks Scots mony yearly for his said Service in Generall; and that dureing all the years he shall please continue as Advocat for this Burgh: And ordain ane Extract hereof to be given him, which will be as sufficient as if a Commission containing all clauses requisite were extended here annent. Qron Act Extract by me. No. LXXXVII. CH. McLEANE. M' Duncan Forbes to his Brother M' John Forbes, Dated Edinburgh 26th October 1716. Dear Brother, MONDAY laft I came hither, after having established the belief I had planted alongft the Road. There are no News, but that Men expect the Parliament will be opened before the Holydays, and that the King will be over by that time., At length we have come to the knowledge of the true lye on which the Duke was disgraced. It was told the K. that the Duke had visited Sir Peter King privately, and told him, that as he was L Chief Juftice, he muft give his opinion that the Limitations on the Guardian were contrary to law; threatening that, if he did otherwayes, upon his Majefty's Demise the Prince would not renew his commission. The story has had its effect, we find; but as it happens, Sir Peter now denyes every ftep of it, and has gone to L Townshend and M Methuen to assure them the D. never visited him in his life, nor ever spoke a syllable on that subject. Mind Deple. Let T. Robinson's £50. be paid, if possible, before the Term a day. Sir, No. LXXXVIII. DUN. FORBES. Meffrs M. & W. Drummond to the Laird of Culloden. YOU may be surpriz'd at our giving you the trouble of this; which nothing less than the miserable Circumstances and necessitous Condition of our Countrymen, transported to Carlisle, could have obliged us to. For when they were carried off many of them had neither Credit nor Money to bear their charges, if they had not been supplied, in some measure, by a collection made here from charitable persons; which no profession of people made the leaft distinction; but all concurred very frankly. But as that collection will be soon, if not already, exhausted, so their charges will encrease by coming on of their tryalls, which now approach (the Judges being actually set out for Carlisle), which in a strange country cannot be done easily, being remote from their friends, and destitute of the means of subsistance; for many, who lived plentifully before, can receive no supply from their own Eftates, they being sequestrate; and as little from their friends, who live at such a distance; and many of them are involved in the same misfortune, and not capable to give any assistance to them. It's therefore hoped you will take these unfortunate Gentlemen's case to your serious consideration; and to transmitt hither what you are pleased to bestow in so charitable ane occasion; and we will endeavour, as hitherto we have done, to apply it in the most equall manner we can think of for their support. We are, HIS Royal Highness being informed, that there are several persons concerned in the late Rebellion who have fled from Justice, and are either gone abroad or sculking up and down the Country: Therefore, by a Letter from my Lord Townshend of the 13th last month, His Lop has signified to me, that it is His Royal Highness's pleasure, judging it highly necessary for his Majesty's service, that endeavours should be used to find out the names of such persons as have been concerned in the late Rebellion, and are either fled abroad or sculking up & down the Country; and also that proper Evidence be found against them: Wherefore I desire that you may forthwith transmit to me a List of such landed men within your Shyre as were concerned in the late Rebellion, and are now gone abroad, or are sculking at home. I do not here mean, that you should only send me a List of such as you know certainly to have been in the Rebellion; but also of such as, by the common fame of the country, are said to have been engaged therein, and are known to be out of the way or sculking. |