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Trial of

Patrick Roy MacGregor - Crime of Murder:

 

Patrick Roy MacGregor, for Theft, Sorning *, wilful Fire Raising, Robbery, and Murder.
Year 1667.

It necessarily resulted from the the proscriptive law mentioned in the former trial, and enforced with severe penalties, that such of the clan Gregor as did not yield obedience, became outlaws; became a desperate banditti, who had no other livelihood than the booty acquired by the most criminal outrages.  The prosligate and rapacious habits increased by this act survived the statute itself, and gave occasion to the trial of the prisoner.

Patrick Roy MacGregor, by his activity, courage, and cruelty, had rendered himself the most celebrated of a formidable band of robbers, that long infested the Highlands +.  It consisted of about forty persons, whose stile of life had nourished a strength and activity of body, and a cruelty of disposition, displayed in wanton outrages against the feeling of others, yet accompanied with a fortitude that bore, without shrinking, the pinching of cold and hunger, and the torture of the executioner.  Lachlan MacIntosh, the Captain of this band, about a year preceding, had finished his course in the hands of justice.  The prisoner, who succeeded to the command, was a man of robust make, but diminutive stature.  The red hair which grew thick over all his body, indicated his strength, while it added to his ugliness, and got him the name of Roy.  His stern features bespoke ferocity; his keen red eyes, and nose, like the eagle's beak, heightened the terrors of his countenance.  And both at his examination, and execution, he bore an uncommon severity of torture, with a patience and fortitude which excited astonishment.

This banditti had committed violent depredations on the lands of John Lyon of Muiresk, for which Mackintosh the Captain had been apprehended and executed, and the prisoner declared an outlaw; and a commission of fire and sword issued out against him.  In resentment of these proceedings, the prisoner and his associates plundered the lands of Bellchirries, the property of Lyon of Muiresk.  Lyon defended his house of Bellchirries, against the assaults of these robbers, till the 30th of April 1666, when they surrounded the house, brought straw and corn from the barnyard, piled them around the mansion, and set the whole in flames.  The proprietor and his son, a lad of about eighteen years of age, were glad to come out of the house, on a capitulation with the robbers, who promised them their lives.  Having got possession of the house, the robbers carried off the furniture and arms, horses and cattle, belonging to Mr Lyon, to the hills of Abernethie, about sixteen miles distant.  They also carried the gentleman and his son prisoners; and, regardless of the articles of capitulation, murdered both father and son, leaving their bodies, pierced with redoubled wounds.

The prisoner and his banditti, to the number of forty, proceeded next to assault the borough of Keith, levied contributions on the town, and fought with all who opposed them.  In this assault, however, Roy was so severely wounded as to be unable to make his escape.  Next day he was apprehended, and was conducted, under strong guard, to the tollbooth of Edinburgh.

On the 25th of March he was brought to trial; and a complete proof being led of his manifold crimes, he was sentenced to be taken, on the 27th of that month, to the Cross of Edinburgh, his right hand to be cut off, and then to be hanged till he be dead, and his body to be hung in chains on the gallows between Leith and Edinburgh.  The Executioner mangled him so shockingly, in the discharge of his duty, that he was next day turned out of office.  Patrick Drummond, the associate of the prisoner's guilt, was, at the same time, the companion of his sufferings.

* Sorning was a very common crime in the uncivilized parts of the Highlands, and well known in our criminal law.  It consisted in exacting free quarters by force.

+  Faculty MSS. vol. 1st, p.499.  503.  vol. 2d, p. 222.  325.  18th Jan. 1666, 25th March, 1667.

 

 

 

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