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Smuggling in the Highlands. 267
the deposition of Jainos II., hn was consequently unpopular with
the " Highland Rebels," as the Jacobites were toruied l)y the
loyalists, and during his absence in Holland, his estate of Ferin-
tosh, with its " Ancient Brewary of xVquavity " was laid wastes,
in October 1G89, by a body of 700 or 800 men, sent by the Earl
of Buchan and General Cannon, whereby he and his tenants
sutVered much loss. In compensation for- the losses thus sustained,
an A.ct of Parliament farming to him and his successors the yearly
Excise of the lands of Ferintosh, was passed as follows :
At Edinburgh, 22nd July 1090.
Our Sovereign Lord and Ladye, the King and Queen's
Majesties and the three H^states of Parliament :—Considering that
the lands of Ferintosh were an Ancient Brewary of Aqnavity ; and
were still in use to pay a considerable Excise to the Thesaury,
while of late that they were laid waste of the King's enemies ; and
it being just to give such as have suffered all possible encouragement,
and also necessary to use all lawful endeavours for upholding
of the King's Revenue ; Therefore their Majesties and the
Estates of Parliament for encouragement to the possessors of the
said Lands to set up again and prosecute their former Trade of
Brewing and pay a duty of Excyse as formerly ; Do hereby
Ferm for the time to come the Yearly Excyse of the said lands of
Ferintosh to tlie present Heritor Duncan Forbes of Culloden, and
his successors Heritors of same for the sum of 400 merks Scots,
which sum is declared to be the yearly proportion of that annuity
of £-40,000 sterling payable for the Excyse to his Majestie's Exchequer.
The brewing to commence at the term of Lambas next
to come, and payment to be made to the ordinary Collector of Ex-
cyse for the Shyre of Inverness." Another Act was passed in
1695 continuing and confirming the privilege, after the Excyse was
" raised off of the Liquor and not of the Boin"
The arable lands of Ferintosh extended to about 1 800 acres,
and calculating 5 bolls of barley to the acre, and a profit of £2 ])er
boll, tlie gain nuist have been considerable. Mr Arnot states
that more whisky was distilled in Ferintosh than in all the rest of
Scotland, and estimates the annual profit at about £18,000.
Such a distinguished mark of favour, and so valuable a privilege
were sure to raise envy against a man wlio was already un-
popular, and we find the Master of Tarbat cojnplaining to Parliament,
inter alia :
"That Culloden's tack of Excyse wrongs tlie Queen's Revenue
in 3000 merks per annum.
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