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

HAKSH PROCEEDINGS OF THE EARL OF MORAY. 289
head burghs of several shires, prohibiting all persons from harbouring,
siipplyinsr, or entertaining them, in any manner of way, under certain
severe pains and penalties. Although the Marquis of Huiitly was the
earl's father-in-law, he felt somewhat indignant at the appointment, as
he conceived that he or his son had the best title to be appointed to the
lieutenancy of the north ;
but he concealed his displeasure.
After the earl of Moray had issued the notices, prohibiting all persons
from communicating with, or assisting, the Clan-Chattan, their kindred
and friends, who had privately promised them aid, before they broke
out, began to grow cold, and declined to assist them, as they were
apprehensive for their estates, many of them being wealthy. The
earl perceiving this, opened a communication with some of the principal
persons of the elan, to induce them to submit to his authority, who,
seeing no hopes of making any longer an effectual resistance, read-
ily acquiesced, and, by the intercession of friends, made their peace
with the earl, on condition that they should inform hira of the names
of such persons as had given tliem protection, after the publication of
his letters of interdiction. Having thus quelled this formidable insur-
rection, without bloodshed, the earl, by virtue of his commission, held
justice courts at Elgin, where " some slight louns, followers of the Clan-
Chattan," were tried and executed, but all the principals concerned were
pardoned. The court was formed in the earl's own name, and in the names
of the laird of Innes, the laird of Brodie, Samuel Falconer of Knockorth,
and John Hay, commissary of Moray, his depute, and before whom
were summoned all such pei'sons as had held any communication with the
clan, or harboured or supplied them, every one of whom, it would
appear, attended, to avoid the penalty of contumacy, or being put to
the horn, a proceeding by which the person refusing to attend was
declared a rebel to the king, and his property forfeited for his Ma-
jesty's use.
As the account which Spalding gives of the appearance of the ac
cused, and of the base conduct of the principal men of the Clan-Chattan,
in informing against their friends and benefactors, is both curious and
graphic, it is here inserted : " Then presently was brought in befor the
barr ; and in the honest men's faces, the Clan-Chattan who had gotten
supply, verified what they had gotten, and the honest men confounded
and dasht, knew not what to answer, was forced to come in tlie carle's
will, whilk was not for their weill : others compeared and willingly confessed,
trusting to gett more favour at the carle's hands, but they came
little speid : and lastly, some stood out and denyed all, who was re-
served to the tryall of an assyse. The principall malefactors stood up
in judgment, and declared what they had gotten, whether meat, money,
ch)athing, gun, ball, powder, lead, sword, dirk, and the like commodities,
and alse instructed the assyse in ilk particular, what they had gotten
frae the persons pannalled ; an uncouth form of probation, wher the
principall malefactor proves against the receiptor for his own pardon.