noon, about three hundred men appear'd upon the hills on the north side of the town, who sent one with a white cloth upon the top of a halbert, with an open unsubscribed paper, in the fashion of a letter, directed to the commanding officer, wherein was written, We the gentlemen assembled, being informed that ye intend to burn the town, desire to know whether ye come for peace or war, and do certifle you, that if ye burn any one house, we will destroy you.

The Lieutenant-Collonel returned answer in writ, to this purpose, We are faithful subjects to King William and Queen Mary, and enemies to their enemies; and if you send those threats, shall make any hostile appearance, we will burn all that belongs to you, and otherwise chastise you as you deserve. But in the mean time he caused solemnly proclaim, in the mercat-place, his majesty's indemnity, in the hearing of him who brought the foresaid paper.

Munday morning two troops of horse, and three of dragoons, arrived at Dunkeld, under the command of the Lord Cardross, who viewed the fields all round, and took six prisoners, but saw no body of men, they being retired to the woods.

Munday night they had intelligence of a great gathering by the Fiery Cross; and Tuesday morning many people appeared upon the tops of the hills, and they were said to be in the woods and hills about Dunkeld more than 1000 men. About eight of the clock, the horse, foot, and dragoons, made ready to march out, but a detach'd party was sent before of fourty fusiliers, and fifteen halbertiers, under the command of Captain George Munro, and thirty horse with Sir James Agnew, and twenty dragoons with the Lord Cardross his own cornet; after them followed Ensign Lockhart with thirty halbertiers; the halberts were excellent weapons against the Highlanders swords and targets, in case they should rush upon the shot with their accustomed fury. They marched also at a competent distance before the body; one hundred fusiliers more under the command of Captain John Campbel and Captain Robert Hume, two brave young gentlemen; and upon the first fire with the enemy, Captain Borthwick, Captain Haries, with 200 musquetiers and pikes, were likewise commanded to advance towards them. The Lieutenant-Collonel having proposed by that method to get advantage of the enemy in their way of loose and furious fighting. The body followed, having left only an hundred and fifty foot within the dykes. The first detached party, after they had marched about two miles, found before them, in a glen, betwixt two and three hundred of the rebels, who fired at a great distance, and shot Cornet Livingston in the leg. The horse retired, and Captain Monro took up their ground, and advanced, fireing upon the rebels to so good purpose, that they began to reel and break, but rallied on the face of the next hill, from whence they were

again beat. About that time the LieutenantCollonel came up, and ordered Captain Monro to send a serjeant with six men to a house on the side of a wood, where he espyed some of the enemies; upon the serjeant's approach to the place, about twenty of the rebels appeared against him, but he was quickly seconded by the captain, who beat them over the hill, and cleared the ground of as many as appeared without the woods; and upon a command sent to him, brought off his men in order. Thereafter all the horse, foot, and dragoons, retired to the town; and that night the horse and dragoons marched to Perth, the Lord Cardross, who commanded them, having received two peremptory orders for that effect. The second was sent to him upon his answer to the first; by which answer he told they were engaged with the enemy, and it was necessary he should stay.

In that action three of Captain Monro's party were wounded, one of which died of his wounds. William Sandilands, a cadee, nephew to the Lord Torphichen, and a very young youth, being of that party, discharged his fusie upon the enemy eleven times. The prisoners taken the next day, told that the rebels lost about thirty men in that action.

After the horse and dragoons were marched, some of the officers and souldiers of the Earl of Angus's regiment proposed, that they might also march, seeing they were in an open useless place, ill provided of all things, and in the midst of enemies, growing still to greater numbers (the vanguard of Canons army having appeared before they came off the field). The brave Lieutenant-Collonel, and the rest of the gentlemenofficers amongst them, used all arguments of honour to persuade them to keep their post.

And for their encouragement, and to assure them they would never leave them; they ordered to draw out all their horses, to be shot dead. The souldiers then told them, they needed not that pledge for their honour, which they never doubted. And seeing they found their stay necessar, they would run all hazards with them.

Wednesday, with the mornings light, the rebels appeared, standing in order, covering all the hills about (for Canons army joyned the Athole men in the night before, and they were repute in all above 5000 men). Their baggage marched alongst the hills towards the west, and the way that leads into Athole, consisting of a train of many more than 1000 horses. Before seven in the morning, their cannon advanced down to the face of a little hill, closs upon the town, and 100 men, all armed with back, breast, and head-piece, marched straight to enter the town, and a battalion of other foot closs with them. Two troops of horse marched about the town, and posted on the south-west part of it, betwixt the foord of the river and the church; and other two troops posted in the north-east side of the town,

near the Cross, who in the time of the conflict shewed much eagerness to encourage and push on the foot.

The Lieutenant-Collonel had before possest some outposts with small parties, to whom he pointed out every step for their retreat. Captain William Hay and Ensign Lockhart were posted on a little hill, and the ensign was ordered with 28 men to advance to a stone-dyke at the foot of it; they were attack'd by the rebels, who were in armour, and the foresaid other battalion. And after they had entertained them briskly with their fire, for a pretty space, the rebels forc'd the dyke, and oblig'd them to retire, firing from one little dyke to another, and at length to betake themselves to the house and yard-dykes. In which retreat Captain Hay had his leg broken, and the whole party came off without any more hurt.

A lieutenant was posted at the east end of the town with 18 men, who had three advanced sentinels ordered, upon the rebels close approach, to fire and retire, which accordingly they did; and the lieutenant, after burning of some houses, brought in his party. Lieutenant Stuart was plac'd in a baricado at the Cross, with 20 men, who, seeing the other lieutenant retire, brought his men from that ground, and was killed in the retreat, there being a multitude of the rebels upon them.

Lieutenant Forrester and Ensign Campbell were at the west end of the town within some little dykes, with 24 men, who fired sharply upon the enemies horse, until great numbers of foot attack'd their dykes, and forc'd them to the church, where were two lieutenants and about one hundred men.

All the out-posts being forc'd, the rebels advanced most boldly upon the yard-dykes all round, even upon those parts which stood within less than fourty paces from the river, where they crowded in multitudes, without regard to the shot liberally pour'd in their faces, and struck with their swords at the souldiers upon the dyk, who with their pikes and halberts returned their blows with interest. Others in great numbers possest the town houses, out of which they fired within the dyks, as they did from the hills about; and by two shots at once, one through the head, and another through the liver, the brave Lieutenant-Collonel was killed while he was visiting and exhorting the officers and souldiers at their several posts. He attempted to get into the house, that the souldiers might not be discouraged at the sight of his dead body, but fell by the way. And immediately thereafter, Major Henderson received several wounds, which altogether disabled him, and whereof he died four days after. Captain Caldwal was shot in the breast, and is not like to recover. Captain Borthwick was shot through the arm going with succours to the church. And Captain Steil got a wound in the shoulder, which he caused pance, and returned again to his post.

The Lieutenant-Collonel being dead, and the major disabled about an hour after the action began (which was before seven in the morning), the command fell to Captain Monro, who left his own post to Lieutenant Stuart of Livingstoun. And finding the souldiers galled in several places by the enemies shot from the houses, he sent out small parties of pike-men with burning faggots upon the points of their pikes, who fired the houses; and where they found keys in the doors, lock't them and burnt all within, which raised a hideous noise from these wretches in the fire. There were sixteen of them burnt in one house, and the whole houses were burnt down except three, wherein some of the regiment were advantageously posted. But all the inhabitants of the town, who were not with the enemy or fled to the fields, were received by the souldiers into the church, and sheltered there.

Notwithstanding all the gallant resistance which these furious rebels met with, they continued their assaults uncessantly until past eleven of the clock,-in all which time there was continual thundering of shot from both sides, with flames and smoak, and hideous cries, filling the air. And which was very remarkable, though the houses were burnt all round, yet the smoak of them, and all the shot from both sides, was carryed everywhere outward from the dyks upon the assailants as if a wind had blown every way from the center within.

At length, the rebels wearied with so many fruitless and expensive assaults, and finding no abatement of the courage or diligence of their adversaries, who treated them with continual shot from all their posts, they gave over, and fell back, and run to the hills in great confusion. Whereupon they within beat their drums, and flourished their colours, and hollowed after them, with all expressions of contempt and provocations, to return. Their commanders assay'd to bring them back to a fresh assault, as some prisoners related, but could not prevail; for they answered them, they could fight against men, but it was not fit to fight any more against devils.

The rebels being quite gone, they within began to consider where their greatest danger appeared in time of the conflict; and for rendering these places more secure, they brought out the seats of the church, with which they made pretty good defences, especially they fortified these places of the dyk which were made up with loose stones, a poor defence against such desperate assailiants. They also cut down some trees on a little hill where the enemy gall'd them under covert. Their powder was almost spent, and their bullets had been spent long before, which they supplied by the diligence of a good number of men, who were imployed all the time of the action in cutting lead off the house, and melting the same in little furrows in the ground, and cutting the pieces into slugs to serve for

bullets. They agreed, that in case the enemy got over their dykes, they should retire to the house, and if they should find themselves overpower'd there, to burn it, and bury themselves in the ashes.

In this action 15 men were killed, besides

the officers named, and 30 wounded.

The account of the enemies loss is uncertain, but they are said to be above 300 slain, amongst whom were some persons of

note.

That handful of unexperienced men was wonderfully animated to a stedfast resist tance against a multitude of obstinat furies. But they gave the glory to God, and praised him, and sung psalms, after they had fitted

themselves for a new assault.

Amongst many who shewed extraordinary courage, some young gentlemen cadees deserve a special testimony and remembrance -as William Sandilands above named, James Pringle of Hultrie, William Stirling of Mallachen, James Johnstoun, a reformed lieutenent, and others.

Diverse officers besides those above specified, viz. another Captain John Campbel, Captain Harries, Lieutenent Henry Stuart, Lieutenent Charles Dalyel, Lieutenent Oliphant, Lieutenent Thomas Haddo, Ensign William Hamilton, and most of all the officers, behaved very worthily at their several posts throughout the whole action, and deserve well to be recorded as men of worth and valour. And the whole souldiers did every thing with such undaunted courage, and so little concern, in all the dangers and deaths which surrounded them and stared them in their faces, that they deserve to be recommended as examples of valour to this and after ages, and to have some marks of honour fixt upon them. And it is expected his Majesty will be graciously pleased to take notice both of officers and souldiers.

Upon the Saturday immediately after those actions, the young Laird of Bellachan came in to Dunkeld to treat for the benefit of his Majesties indemnitie for all those of Athole; and he declared that Lord James Murray was willingly to accept thereof.

But Major General M'Kay (who by his gallant and wise conduct prevented the conjunction of ill-affected people with the rebels, and baffled all their designs upon the low countries) is now in the Highlands with a brave army. And with the blessing of God, will shortly give a good account of them all, and put an end to the troubles of this kingdom.

Edinburgh, printed according to order, 1689.

NOTICES CONCERNING THE SCOTTISH GYPSIES.

(Concluded from page 161.) WHEN we printed the second section of our Gypsey Notices, we proposed

to bring the Article to a close in the succeeding Number, after bringing down more completely the account of the Kirk-Yetholm community to the present time; with the addition of such other anecdotes and observations as we had collected respecting their more general history; and, perhaps, with some further remarks upon their separate language and supposed origin. The attention required by more pressing subjects, however, has hitherand it is, unfortunately, only in our to prevented us from reverting to this; power now to execute the least difficult, if not the least important, part of our original plan-namely, to present to the public the remainder of the miscellaneous anecdotes, with which we have been furnished from various sources, respecting this curious people. Records of the Court of Justiciary, We begin with some extracts from the and other judicial documents relating to trials of Gypsies.

In May 1714, William Walker, Patrick Faa, Mabill Stirling, Mary Faa, Jean Ross, Elspeth Lindsay, Joseph Wallace, John Phennick, Jean Yorkstown, Mary Robertson, Janet Wilson, and Janet Stewart, were indicted at Jedburgh, as guilty of wilful fire raising, and of being notorious Egyptians, thieves, vagabonds, sorners, masterful beggars, and oppressors, at least holden in repute to be such.

It appeared from the proof, that a gang of gypsies had burnt the house of Greenhead in Roxburgh. One witness swore, that

"The deponent being in a barn at Hairstanes, on a morning, Janet Stewart, pannel, came into it, and prayed God's malison to light upon them who had put her to that trouble; and being asked who it was, she said it was Sir William Kerr of Greenhead, who had put her bairn in prison-and depones, that the same night after Janet Stewart uttered the words aforesaid, Sir William Kerr's house of Bridgend was burnt."

Another witness swears, that

"The night after Sir William Kerr's house was burnt, about five o'clock, Patrick Faa, pannel, looked over the prison window, and asked if it were true that Sir William Kerr's house was burnt, and the deponent answering that it was but too true, Patrick Faa said, that the rest of the justices of peace would have set him at liberty, but Sir William would not consent; and that, if he had been at liberty, it would not have happened, for he would have cleansed the

country of these Egyptians and vagabonds that were going about."

The sentence upon Janet Stewart was, that she should be scourged through Jedburgh, and afterwards stand a quarter of an hour at the Cross, with her left ear nailed to a post.

P. Faa, Mary Faa, Stirling, Lindsay, Ross, Robertson, Phennick, and Yorkstown, were sentenced to be transported to the Queen's American plantations for life. Patrick was, in addition, sentenced to be whipped through the town, and to stand half an hour at the cross with his left ear nailed to a post, and then to have both his ears cutted off. Phennick was banished furth of Scotland;' and Walker, Wallace, and Wilson, were acquitted.

About the same time, three men and two women, all gypsies, were sentenced to be hanged at Edinburgh.

In a precognition, taken in March 1725, by Sir James Stewart of Colt ness, and Captain Lockhart of Kirkton, two of his Majesty's Justices of the Peace for Lanarkshire, anent the murther of William Baillie, brazier, commonly called Gypsie," the following evidence is adduced:

"John Meikle, wright, declares, that upon the twelvth of November last, he being in the house of Thomas Riddle, in Newarthill, with some others, the deceased William Baillie, James Kairns, and David Pinkerton, were in ane other roume drinking, where, after some high words, and a confused noise and squabble, the saids three persons above named went all out; and the declarant knowing them to be three of those idle sorners that pass in the country under the name of gypsies, in hopes they were gone off, rose and went to the door to take the air; where, to his surprise, he saw William Baillie standing, and Kairns and Pinkerton on horseback, with drawn swords in their hands, who both rushed upon the said William Baillie, and struck him with their swords; whereupon the said William Baillie fell down, crying out he was gone. Upon which Kairns and Pinkerton rode off: that the declarant helped to carry the said William Baillie into the house, where, upon search, he was found to have a great cut, or wound, in his head, and a wound in his

body, just below the slot of his breast; and declares he, the said William Baillie, died some time after."

"Thomas Riddle, tenant and change keeper in Newarthill, &c.; declares, that the deceased William Baillie, James Kairns, and David Pinkerton, all idle sorners, that are knowen in the country by the name of gypsies, came to the declarant's house about sun-setting, where, after some stay, and talking a

jargon the declarant did not well understand, they fell a-squableing, when the declarant was in ane other room with some other company; upon the noise of which, the declarant ran in to them, where he found the said James Kairns lying above the said William Baillie, whose nose the said James Kairns had bitten with his teeth till it bled; upon which the declarant and his wife threatened to raise the town upon them, and get a constable to carrie them to prison; but Kairns and Pinkerton called for their horses, William Baillie saying he would not go with and Pinkerton had got their horses, and them. Declares, that after the said Kairns mounted, they ordered the declarant to bring a chopen of ale to the door to them, where William Baillie was standing talking to them: that when the declarant had filled about the ale and left them, thinking they were going off, the declarant's wife went to the door, where Kairns struck at her with a drawn sword, to fright her in; upon which she ran in; and thereupon the declarant went to the door, where he found the said William Baillie lying with the wounds upon him, mentioned in John Meikle's declaration."

"Thomas Brownlee declares, that upon the fourth of November last, being St Leonard's fair in Lanark, the said declar ant, with several others, comeing from Lanark fair towards Carlouk, at Cartland on the high road, David Pinkerton and James Kairns came riding straight upon the declarant and his company, upon which the declarant went off the way. They calling to hold off the way; the declarant said, The way is broad enough, hold off, folk: upon which James Kairns turned back the breadeth of one house, and then, haveing a drawen sword or shable in his hand (with blood upon it), came straight upon the declarant and cutt him upon the head, to the effusion of his blood, without any provocation. This was done about half ane hour before sunset," &c.

"John Lightbodie in Belstaintown, &c. declares, conform to the said Thomas Brownlie, with this variation, that James Kairns said-Know ye whom yow speak to? James Kairns will not be quarreled upon the road, -which he said, when none quarreled him further than to say, Ride off, folk."

Another witness declares,

"That he had frequently seen Maxwell and Kairns in Bowridgemilne Kilne, with several others in company with them commonly called gypsies and sorners, who took hens and peats at pleasure-also declares, that they had horses alongst with them, and for fear they had drawn his stacks or done the declarant was obliged to give them straw, other mischief to him," &c.

Another witness states, that the said "Maxwell, tinker, sorner, and Egyptian," with his gang, frequently took possession, without any leave asked or

given, of his out-houses; and that, "to prevent abuse in the country, he allowed them to take his peats," &c.It is mentioned by another person examined, that the same gang, passing by his house to Watstounhead kiln, sent in some of their number to him, asking for straw for their horses, "which he refused, until they said they would draw his stacks; upon which he gave them some bottles to prevent further danger."

John Ketter, in Murdiston Walkmiln, declared

"That upon the said fourth of November last, as he was coming from St Leonard's fair, David Pinkerton and James Kairns came riding up to the declarant, and said to him, Yield your purse; but afterwards they said it would do them little good, because he had said to them he had but a crown. But Kairns' wife said the declarant was a damned villain he had gold; and ordered to take it from him; but Kairns said, if the declarant would go to Carlouk, and give them a pynt and a gill, they would pardon him. And accordingly they came to Carlouk, to the house of James Walker there, where the declarant paied some ale; and as he was goeing away, Pinkerton beat him for not giving them brandie."

John Whytefoord, in Cartland, declared

"That he saw Maxwell's son, called the

Merchant, have a wallate, and as he thought, some ware in it, which he valued at twenty pound Scots, amongst which he had a short pistoll; and farder, that he saw James Whytefoord, constable, at the command of Captain Lockhart, Justice of Peace, take a naked baignet off the wall-head of the house wherein they were lodged, which Maxwell younger, the merchant, called his father's; and that his father rolled the pans with it: -and farder declares, that he saw them boyling flesh in poats while they were in

the said house."

After the examination of the foregoing witnesses, and a number of other persons who had been cited by order of the Justices of the Peace for Lanarkshire, "to compear before them to give their declarations, what they know of these idle vagabonds, commonly called gypsies," a report follows from the said Court, enumerating the grievances suffered by the lieges from the oppressions and disorders of these audacious vagrants, and ordering the laws to be strictly enforced against them. It is particularly mentioned in this report, that a gypsey "of the name of Johnstoun, who, about nine years by past, was guilty of a most horrid murder," but had escaped from justice,

VOL. I.

had lately returned from abroad, and was then roaming about the country. This document bears the date of March 11, 1725.

On referring to the Justiciary records, we find that in 1727, Robert Johnstoun, sone to John Johnstoun, gypsey, sturdy beggar, and vagabond, at that time prisoner in the tolbooth of Jedburgh, was indicted at the instance of his Majesty's Advocate, and at the instance of Marjory Young, relict of the deceased Alexander Faa, becklemaker in home, for the murder of the said Faa. In the evidence brought forward upon the trial, we find the following curious account of this savage transaction:

"John Henderson, feuar in Huntleywood, depones, that time and place libelled, Robert Johnston, pannel, and his father, came to Huntleywood and possessed themselves of a cot-house belonging to the deponent; and that a little after, Alex. Fall, the defunct, came up to the door of the said house, and desired they would make open the door that the door was standing a-jarr, and the deponent saw Robert Johnston, pannel, in the inside of the door, and a fork in his hand, and saw him push over the door-head at the said Alexander Fall, and saw the grains of the fork strike Alexander Fall in the breast, and Alexander Fall come.

ing back from the door staggering, came to a midding, and there he fell down and died immediately; and depones, that the distance of the midding from the house where he received the wound is about a penny-stone cast; and when Alexander Fall retyred from the house, he said to the rest, Retyre for your lives, for I have gott my death Depones, he saw Robert Johnston, pannel, come out of the cott-house with the fork in his hand, and pass by Alexander Fall and the deponent; heard the pannell say, he had sticked the dog, and he would stick the whelps too; whereupon the pannell run after the defunct's sone with the fork

in his hand, into the house of George Carter: Depones, in a little while after the pannel had gone into George Carter's house, the deponent saw him running down a balk and a meadow; and in two hours after, saw him on horseback rideing away without his stockings or shoes, coat or cape.'