countrey upon the same errand, chanceing to kill a woman while she was hindering them to seize her cattle, a few men of that village gott together, killed two of the souldiers, and chassed the rest out of Lochaber. Locheill, who happened to be then with the Laird of Struan, Chief of the Robertsons in Rannoch, being soon thereafter summoned to appear before his Majesty's Privy Councill to answer for his men, was obliged to return to Edinburgh, where he had the good fortune to find his Royall Highness the Duke of York. That Prince soon gave Locheill a publick testimoney of his favour and esteem, for he not only received him with marks of distinction, but also, in a full court, honoured him with his conversation, and putt many pleasant questions to him concerning the adventures of his youth. He likewayes complimented him upon his conduct in his affairs with Macintoish, and said, that he was well pleased to hear that he had brought it to such a happy issue; and that though the King his brother had bought that estate for him, since it was so long in the possession of his family, and so conveniently scituated for his Clan, it would have been but a small reward for his services! In the end, he demanded his sword, which Locheill haveing delivered, the Duke attempted to draw it; but it would not doe, for the sword, it seems, was somewhat rusty, and but little used, as being a walking sword, which the Highlanders never make use of in their own countrey. The Duke, after a second attempt, gave it back to Locheill with this compliment, that his sword never used to be so uneasy to draw when the Croun wanted its service! Locheill, who was modest even to excess, was so confounded, that he could make no return to so high a compliment; and knowing nothing of the Duke's intention, he drew the sword, and returned it to his Royal Highness, who, addressing himself to those about him, "You see, my Lords," said he smiling, "Locheil's sword gives obedience to no hand but his own!" And thereupon was pleased to Knight him. So many expressions of favour soon drew after it that of the courtiers, who affected to magnify his exploits, and to compliment him on every triffle; so true it is, that, Regis ad exemplum totus componitur orbis; for we have a certain vanity in imitateing our supperiors. While his Royall Highness stayed att Edinburgh, the killing of the souldiers

was never so much as mentioned; and truely Locheill thought that the Councill had intirely dropt it, otherways it is probable that he would have prevailed with the Duke to have interceeded for him. But no sooner was he gone, than his enemys tooke the advantage, and pusht the prosecution against him and his Clan with outmost rigour.

This unlucky accident putt him to no small trouble and expense. He was obliged to bring a great many of the gentlemen of his name to EdinBurgh, and it is certain that the poor fellows who were actwally guilty, as well as those who were accessorey to the cryms they were accused of, had run the riske of their lives, had not Locheill saved them by a stratagem:-Two dayes before that appointed for examining the witnesses, he imployed proper persons to insinuate themselves into the accquantance of such as he was most affraid of, and to entertain them, under the greatest expressions of friendship, with such liquors as they found most to their taste; and after they had made them drunk, to continue them. in that state till the tryall was over. These fellows performed their part so well, that they had all the material witnesses not only drunk, but fast asleep in ane obscure house all that day on which they should have been sworn and examined. By this means the pannels, that is, the persons accused, were all acquitted for want of evidence against them, and Locheil's enemys dissapointed of their revenge.

But what made the greatest noise, at this time, was the famous tryall of the Earl of Argile, for the explication he putt upon the oath called the Test. This oath being designed as a bullwark to the Protestant Religion, a clause was added condemning all resistance, and for renounceing the Covenant, &c.; and all Officers in Church and State were ordained to take it. The Earl of Argile was then a Privy Counseller, and one of the Commissioners of the Treasury; and in order to qualify him for these offices, he was obliged to take that oath. He had formerly expressed some reluctance against it, but in the end was satisfyed to swear it, under the following sense and meaning, which he subscrived: "I take it as far as it is consistant with itself, or with the Protestant Religion, and I declair that I mean not to bind up myself not to wish or endeavour any alteration I think to the advantage of the Church or State." The

Councill, observing that by his equivocall paraphraze, his Lordship seemed to endeavour to sett the subjects loose from their obedience, and to perpetuate schism in the Church, and faction in the State, in so far as every man's opinion was to be his rule with respect to his loyalty to the King, and submission to the laws, they became earnest suiters to the Earl to pass from his declaratione; representing, that all such as putt limitations upon their alleadgeance were, by Act of Parliament, guilty of high treason, and that the reasonableness of laws was not to be disputed after they were enacted. But the Earl continueing obstinat, he was prosecuted for high treason before the Parliament; and the question being concerning the relevancey of the lybell, or the point of law, whither the charge ammounted to high treason or not, it was given against him after a vigorous debate, wherein eight or nine of our most eminent lawers did, by orders from the Councill, assist him. His jury consisted of eleven of the principall nobility and four gentlemen, whereof many were his own relations, and their verdict run in these terms: "They all, in one voice, find the Earl of Argile guilty and culpable of the crimes of high treason, leasing-making, and leasing-telling; and find, by plurality of votes, the said Earl innocent, and not guilty of perjury." Many people thought these proceedings against the Earl very severe; but it is agreed upon by all our historians, as well English as Scotch, and even by Bishop Burnet, who was no enemy to the Earl of Argile, that the King designed to have remitted the sentance, as he soon thereafter gave his estate among his children and creditors. But his Lordship was indulged so much liberty in the Castle of Edinburgh, even after he was condemned, that he found an easy opportunity of making his escape into Holland; where we shall leave him till we have further occasion of enlargeing on his actions in his own country.

The Earl's forfeiture proved a fruitfull source of new troubles to Locheill, as we shall see by and by; after relating a small adventure that happned in his own country. He had been alwayes remarkably diligent to suppress theft and robery; and for that end entered into contracts with all his neightbours, whereby the partys mutwally became engaged not only to assist one another in searching for and apprehending them,

but also to punish the guilty with severity; and, indeid, the licentiousness occasioned by the troubles required all this care and diligence, and Locheil's was such that he soon purged his country of that vermine. However, there was a Commission under the Great Seale in August 1682, which was afterwards renued by proclamation from the Councill in September 1685, issued out to the Sherriff of Inverness-shyre, to hold Circuit or Itinerent Courts through the Highlands for the tryeing and punishing all such delinquents.

The Sherriff marched into Lochaber att the head of seven hundred men for the security of his person and Court; and was so far from confineing himself to his Commission, that he received and very arbitrarly determined in all complaints brought before him for crims committed during the Civil Wars and confusions in the kingdome. Locheill, among others, was summoned to this Court. He appeared with a body of four hundred men under pretext of guarding the Judge, but in reallity to save his people from injustice and oppression. He forsaw that the Sherriff's haughty and tiranick procedure would be attended with trouble; and to prevent it, he could fall upon no method so effectwall as that of dismissing the Court by some politicall contrivance or other. He singled out three or four of the most cunning and sagacious, but withall the most mischievous and turbulent amongst his followers. Under pretence of inquireing into their conduct, with these he walked a short way from the place where the Court was sitting, and pretending to be very thoughtfull and serious, he dropt these words in their hearing, as if he had been meditating and speaking to himself: "Well,-this Judge will ruine us all. He must be sent home. I wish I could doe it!-Is there non of my lads so clever as to raise a rabble and tumult among them, and sett them together by the ears? It would send him a-packing.-I have seen them raise mischief when there were not so much need for it!"

The fellows I have mentioned catcht at those expressions with great greediness. They quickly mixt among the Sherriff's train, and in three moments thereafter, Locheill had the pleasure of seeing that vast croud of people in an uproare. The crys of murder and slaughter resounded from all quarters. Severall thousands of swords and durks were drawn,

and yet non knew the quarrell, and such a dreadful noise and confusion of tongues ensued, with the rattle of swords and other weapons strikeing against one another, that the meeting resembled a company of Bedlamits brocke loose from their cells with their chains rattleing about them! The Sheriff, in the meantime, and all the members of his court, were in a hideous fright, and, observing Locheill marching towards them att the head of his men with their swords drawn, they run to him in great haste and begged his protection, which he readily granted, and guarded them out of the country.

Any person who had been a spectator of this uproare, and seen such a number of swords glanceing in the air, (for besides those that the judge brought with him, there came a great confluence of other people from all parts of the country,) would have been apt to have imagined that hundereds would have lost their lives; and yet onely two were killed, and a few wounded, in that noisy squabble. The fellows who began the fray, when they found the flame of sedition and tumult sufficiently kindled, stole artefully off, and joyned their oun people, whom Locheill keept in a body by themselves att some distance; and the Sheriffe, who, after the strickest screutiny, could never inform himself how the quarrell began, thought himself so much obliged to Locheill for the safety he had afforded him in his retreat, that he procured him the thanks of the Councill for that service. However, he declined holding courts in that country ever after, though his commission was renewed to him about three years thereafter.

It will seem surprizeing to posterity that the forfeitures of the Marquess and Earl of Argile should, by an odd caprice of fortune, putt Locheill in danger of looseing his whole estate, and involve him in a share of the punishment, though he was innocent of the guilt. The case was this: The Duke of Gordon was either proprietor or supperior of all that part of Lochaber lyeing on the East side of the Loch and river of Lochy, excepting that portion of it called the Breas, that is, the higher parts of it, which belongs to Macintoish, and is and has been for several ages rented by Macdonald of Keppoch. The other side of the river is Locheil's property, and held of the family of Argile; and the