happily no reason to believe that the nation at large was at any period of its history a set of sentimental fools.
To most of the chiefs this loss of their ancient jurisdictions must have come as a terrible shock. Lochbuy, as has been seen, had refused to believe it, and so had got into trouble with the Court of Justiciary. After some search I was fortunate enough to discover a report of his case. He had, as I was informed by his descendant, the present laird, with the help of his piper let down a man into the pit. But here, for once, tradition has not been guilty of amplification. Aided by his servant, his piper and son, the inn- keeper in Moy, and two other tenants, he had seized two men of the name of Maclean, and had imprisoned them two days " in an old ruinous castle." Two of the accused did not appear to the indictment, " they were therefore fugitated (outlawed), and their moveables escheated to the king for their contempt." The trial took place on August 15, 1759. It lasted twelve hours. "The jury (of which a majority was landed gentlemen) returned their verdict unanimously, finding the pannels (prisoners at the bar) guilty ; but verbally recommending the four servants and tenants to the mercy of the court, it appearing that what they did was by order of Lochbuy, their master. The lords pronounced sentence, decerning Lochbuy in .180 sterling of expenses and damages to the private prosecutors, and 500 marks Scots (about ^27) of fine ; and condemning the whole pannels to seventeen clays' im- prisonment." '
Lochbuy had no doubt been the more unwilling to believe in the abolition of his jurisdiction as he had, it should seem, no share in that "valuable consideration in money which was granted to every nobleman and petty baron who was thus deprived of one part of his inheritance." ' On what principle of justice this compensation was given is not clear, unless we agree with Johnson in his asser- tion that " those who have long enjoyed dignity and power ought not to lose it without some equivalent." 3 Professor Thorold Rogers informs me that we have here, he believes, the first instance in our history where compensation is paid by the country at large for the vested interests of a class. The claims which were made were excessive, partly no doubt in the hope that when much was demanded at all events something would be given, but partly,
1 Scots Magazine, 1759, p. 441. 2 Smollett's History of England, in. 206.
3 Johnson's \Vorks, ix. 91.