A history of the Highlands and of the Highland clans : with an ...

lo« msTOKV OF IHiJ HIGHLANDS
" ciiii be more erroneous than tne prevalent idea, that a Highland chief
iva< an ignorant and unprincipled tyrant, who rewarded the abject sub-
mission of his followers with relentless cruelty and rigorous oppression.
If ferocious in disposition, or weak in understanding, he was curbed and
directed by the elders of his tribe, who, by inviolable custom, were his
standing counsellors, without whose advice no measure of any kind was
decided." *
It cannot, however, be denied, that the authority of the chief was
naturally arbitrarj-, and was sometimes exercised unduly and with great
severity ; as a proof of which, there is said to exist among the papers of
the Perth family, an application to Lord Drunimoiid from the town of
Perth, dated in seventeen hundred and seven, requesting an occasional
use of his Lordship's executioner, who was considered an expert opera-
tor, a request witli which his Lordship complied, reserving, however, to
himself the power of recalling the executioner when he had occasion for
his services. Another curious illustration of this exercise of power is
given by General Stewart. Sometime before the year seventeen hun-
dred and forty-five. Lord President Forbes dined at Blair castle with
the Duke of AthoU, on his way from Edinburgh to his seat at Culloden.
A petition was delivered to his Grace in the course of the evening, on
reading which, he thus addressed the President: " My Lord, here is a
petition from a poor man, whom Commissarj' Bisset, my baron bailie
(an officer to whom the chief occasionally delegated his authoritj'), has
condemned to be hanged ; and as he is a clever fellow, and is strongly
recommended to mercy, t am much inclined to pardon liim." " But
your Grace knows," said the President, " that, after condemnation, no
man can pardon but his INIajesty." " As to that," replied the Duke,
" since I have the power of punishing, it is but right that I should have
the power to pardon." Then, calling upon a servant who was in wait-
ing, his Grace said, " Go, send an express to Logierait, and order
Donald Stewart, presently under sentence, to be instantly set at liberty."
Tlie authority which the generality of the chiefs exercised, was ac-
quired from ancient usage and the weakness of the government ; but
the lords of regalitj', and the great barons and chiefs, had jurisdiction
conferred on them by the crown, both in civil and criminal cases, which
they sometimes exercised in person and sometimes by deputy. The
persons to whom they delegated this authority were called bailies. In
civil matters the baron or chief could judge in questions of debt within
his barony, as well as in most of those cases known by the technical
term of possessory actions. And though it has always been an esta-
blished rule of law, that no person can be judge in his own cause, a
baron might judge in all actions between himself and his vassals and
tenants, necessary for making his rents and feu-duties cffpctual. Thus,
he could ascertain the price of corns due by a tenant and pronounce
Superslitions of the Higlilaiiderf.