[3] As a specimen of the manner in which justice was administered
in old times in the Highlands, we give the following: In the second
volume of the Spalding Club Miscellany, p. 128, we read of a certain
“John MacAlister, in Dell of Rothemurkus,” cited on 19th July 1594
“before the Court of Regality of Spynie.” He was “decerned by the
judge--ryplie aduysit with the action of spuilzie persewit contrane
him be the Baron of Kincardine, ... to have vrongouslie intromittit
with and detenit the broune horse lybellit, and thairfor to content
and pay to the said Complainer the soume of threttene schillings
and four pennis money.” The reader will notice the delicate manner
in which what looks very like a breach of the eighth commandment
is spoken of in a legal document of that period. John the son of
Alister “confessed” the intromission with the brown horse, but pled
in defence that he “took him away ordowrlie and nocht spulyed, but
be vertue of the Act of Athell, boynd for ane better horse spuilzeat
be the said persewar from the said Defender.” Whether this was the
truth, or whether, though it were true, John the son of Alister was
justified in seizing upon the Baron’s broune horse in lieu of the one
taken by the Baron from him, or whether it was that the Baron was
the more powerful of the two, the judge, it will have been noticed,
decerned against the said John M’Alister, not, however, ordaining
him to return the horse, but to pay the Baron “thairfor” the sum of
thirteen shillings.--_Memorials of Clan Shaw_, by Rev. W. G. Shaw, p.
24.
[4] _Observations on the Present State of Highlands_, by the Earl of
Selkirk, p. 13.
[5] Burt’s _Letters_, vol. ii. p. 5.
[6] Burt’s _Letters_, vol. ii. p. 5.
[7] Burt’s _Letters_, vol. ii. pp. 341-3.
[8] _Beauties of Scotland_, vol. v. pp. 184, 5.
[9] Old Statistical Account of North Knapdale.
[10] Burt’s _Letters_, vol. ii. p. 57.
[11] Gartmore MS.
[12] Old Statistical Account, vol. ix. p. 494.
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