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in the Town of Kirkcudbright, quhilk some time pertained
to the Freir minors of Kirkcudbright, of [from] our Sovereign
Lord, with advice and consent of umqle James, Earl of Murray,
Regent and Governor of the Realme, to him and his airs.
and also being Patron to the Patrimony of ane Kirk within
the said Burgh, c.dlit Saint Andrew's Kirk, with the Kirk-
yairde and chappellaries, chalmers, and yairds thereof, upon
the ane part, and John Hunter and Herbert Gledstones Bail-
lies of the, said Burgh for the time j Edward Forster, Robert
Forster, A.ndiew Gaw, John Doungalsoue, Robert M'Culloch,
John M'Kuffie, "William Hay, John M'Call, Thomas M'.
Cartney, Henrie Whyte, for themselves and the remanent Coun-
cil, and community of the said Burgh of Kirkcudbright,
upon the other part, in manner, form, and effect after follows,
That is to say, Forasmickleas the foresaid Baillies Coun.
cill, and Community of the said Burgh lies given and delivered
to the said Thomas Macklellane of Bornby, the sum of twa
hundreth merks, usual money, and ane hundreth lolls of lyme to



50 APPENDIX.

years. He joined in tlio prevalent practice of farm-
ing his own estate, and built a very elegant house.
An imprudent speculation in the bank of Ayr, how-
ever, compelled kim to abandon the seat of his an-

the performance of his lawful! business,* for the quhilk the said
Thomas Bin Is and oblisr 's him, his aiis and assignees, that he shall
infeft heretably the saids Baillies, Council!, and Community
of the said Burgh of Kirkcudbright, in the said Kirk, callit
the Freir's Kirk, and the kirk yeard of the samyue, to be an Pa.
rish Kitk to the said Parish of Kirkcudbright, vested and leased
thereuntil, And Also Gives, Grants, ancWDispones to the said
Baillies, CounciVI, and Community of the said Buruh, all his
Risrht, Title of Right, Claim, Kindness, interest, and possession,
quhilks he or his Saccessors, or himself, his airs and assignees,
had, ha*, or any manner of way in time coming may have, in and
to the sail Kiik callit St. Andrew's Kirk, situate within the
said Town, with the Ki-k year! theteof, Chappells, Chalmers,.
and veard adjacent thereto, and their pertinents thereto, per.
tabling foresaid, and reservand to John M'Clellan and John
Mitchell, [the] Chalmers and yeards quhilk they presently
occupies, the day of the date hereof, for their lifetimes, and
the remains of the saids. Chalmers, Kirk, and Kiik.yeaid to
be peaceably broukit, joy sit, set, usit, occupied, and Disposit, Be
the saids Baillies, Councill, and Community of the said Burgh,
to their ain avail aud profite as they sail think expedient, pro.
viding always the said Thomas M'Clellan of Bomby, [shall]
uphauld the queyr that is to say, the third part of the said
Kirk, sometime callit the Fre r rs Kirk, whilk is the east part
thereof, for the parsons part, and sicklike [also] sail assist, fortify,
and supply the said Baillies, Councill, and Community of the said.
Burgh, that need bees, to compell the Parishioners of Kirkcud-
bright to uphauld the [twa] third parts of the said Kirk in thack
tvmmer, and stanes, n 3 it is now delivered when the said Town
requires him reasonably providing always in likewayes that
it sail not he lawful! nor liesum to the saids Baillies, Coun.
cil!, and Community, or ony other persons, to cut, pele, cr take
awavany of the growing Cyromei now presently growing within
the said Kirk yeard, Also the said Thomas, Binds and obliges
him, bis airs and assignees, that if it may stand, that when repon-



* For the building of bis castle.



APPENDIX. 51

cestors. He had reserved a small pittance, on
which he and his lady lived the latter part of their
days. This calamity he bore as became a man
familiar with misfortune ; and he continued the
same worthy openheurted character he had ever

ment [restoration] sail happen to come to the Kirk, and religion
yvithin the realme, swa that the said Thomas may not lawfully
wan and and Defend the said twa Kirkis, Kirk.yeardis, and per.
threats thereof, unto the said Baillies, Councill, and Community,
and their Successors he the law, in that case, the said Thomas
Binds and obliges him and his foresaids to lefund, content, and
pay to the said Baillies, Councill and community of the said
Burgh the foresaid sum of twa hundereth merks and an hun.
dereth Bolls of lime again, the said Baillies, Councill, and com.
munity, rendering and dischaigand the foresaid Seasin and
infeftment with the Contract, acts, and all other Documents
made thereupon within forty days next after it be manifestly
known, that the said Thomas, his airs or assignees, be the law
may not warrin the samen. Quhilk sum of twa hundereth merks
sail be paid to the said Thomas in this manner, That is to say,
ane hundereth libs, to be paid at the day of the date of this pre-
sent Contract, and fifty merks to be paid next lambas, in corn,
pleat payment of the said sum of twa hundereth merks, and the
said hundereth bolls of lime, to be pa:d betwixt the date of this
Contract, and the feast of Pasche in lxxij. [1572] yeais, for ob-
seiving fulfilling, and keeping of this piesent Contract, all the
saids parties are Bound, obliged, and sworn, and has subscrived
this present Contract with their hand and is content that the
•amen be insert and legist rat in the Stewart Court hooks of
Kirkcudbright, the said Stewart Depute's authority to be inter,
poned thereto, day, zeir, and place foresaid, before thir wit-
nesses, Thomas M Clellan, William M'Clellan of Netherthird,
Niuian M'fteid, Gilbert Muir in Fiularg, and Archibald M'-
Clellan, with others present. (Signed) Thomas M'Clellan of
Bomby, J. Gladstone Baillie. Robert Foster. John Doungalsooe,
Thomas Quhyte, Jhon Fostei."

Signed by Notaries for " Andrew Hall. John Hunter, John
Haffie, John M* Ruffle, Thomas M'Cartncy."

An instrument dated 4th May, 1550, speaks of the " Chappel-
house and lauds belonging to the Chappellarie of St. Andrew's
Kirk."



52 APPENDIX.

been. The reduction of his foi tune served only
to redouble the kindness and cordiality of his
friends. He died suddenly in September, 1786,
whilst on the road to visit one of them — the Earl
of Selkirk. He left behind him no issue ; but his
name is still remembered with ardent attachment." 1

New Monthly Magazine.

1 The present proprietor of Orchardton is great-grandson of
Colonel William Maxwell, previously noticed who had the mi.
litary command of Glasgow during the Rebellion of 1745, as we
have already mentioned. For his valuable services Colonel William
Maxwell received a present of plate from the cities of Edinburgh
and Glasgow, ornamented with the arms of both places. The
greater purtion of this plate is still in the possession of Sir
David Maxwell, Bart., ofC'ardoness, another of his great-grand,
sons. He was married to Miss Stewart of Castle Stewart,
niece to that Gordon of Cardoness, who was shot by Sir
Godfrey M'Culloch, at Bush o' Beel, near the kirk of Auvvoth,
in the year 1690,

Since we noticed the execution of Sir Godfrey M'Culloch,
in page 329 of this volume, we have been favoured by Sir David
Maxwell, with a copy of Sir Godfrey's trial, taken from authentic
records, and we embrace this opportunity of inserting the in.
dictment, verdict, and sentence. The trial took place on the 16th
February, 1697.

Indictment.

Sir Godfrey M'Culloch, of Myretoun, now Prisoner in the
Tolbooth of Edinburgh, You are indicted and accused at
the instance of Elisabeth Gordon, Niece and nearest of kin
to the deceased William Gordon of Cardiness, and William
Stewart of Castle Stewart, her Hushand, for his interest,
As also at the instance of Sir James Stewart, His Majesty's
Advocate for his highnes' interest, That albeit by the Law
of God, and the Laws of this and all other well govern-
ed realms, Manslaughter and Murder be a Crime of the
highest nature and ought to be punished with Death and con.
fiscation of moveables, Yet nevertheless it is of verity that you
the said Sir Godfrey, shaking off all fear of God, or regard to
His Majesty's Laws, Did, most maliciously and wickedly, and
out of long precogitat malice, upon the second day of Oc-
tober, or on one or other of the days of that month, or of the
September preceediug, in the year 1690, goe to the House of the
deceast William Gordon of Cardiness, who at that time lived iu
Ihe Bush of Beell, and havipg caused call the said William



APPENDIX. 53

Gordon to come furth, and speak to a man that waited for him,
the said William being at the time in his own House making
readie to goe to sermon, which was that day at the Kirk of An.
weith, and not apprehending the lea.-t hurt or mischief, offered
to yoe furth, and came towards the gate, where and when you
the said Sir Godfrey did shoot at him with a gun charged, and
by the shot broke his thigh bone and \f<xn, and also wounded
him in other parts of his I ody, »o that he immediately fell to the
ground, and within a few hours thereafter died of the said shot
and wounds, And farder you was so barbarous and inhumane in
perpetrating the said s aughter and murder that you insolently
insulted over the said William fallen as said is, s lying, now, Dog,
I have a >t myself avenged of you, and you discharged any from
litiing him up; But ordered and commanded such as were there
to dnve the Nolt over the Dog, as you wickedly culled him —
Lykeas you went thereafter to the house of S/unuel Brown in
Goatend, about ane hal f my le distant from the said house of Bush
of Beell. and there told that you had shot at the said William
Gordon, and did there stay until you had ane account that
William was mortally wounded and expiring, whereupon you
did fly the kingdom : And being charged to appear was also
denounced rebel, and so c ntinued to abscond uutil that of late,
by a remarkable Providence of God, you was fouud lurking, in
the month of December last, in ane obscuie house in Edinburgh,

where you passed under the name of Mr Johnstoun, and

was there seized as a suspect person, until discovered to be what
you are, viz. the said Sir Godfrey M'Culloch, guilty of the
foresaid attrocious murder, and therefore [placed] in the Tol.
booth where yon now are. Which villaneous crime of murder by
you committed is greatly aggravated in that your deceast Father
Sir Alexander M'Culloch and you having a wicked design to
take from the said William Gordon, his own aud his Father's
inheritance, and having for that effect purchased ane assigna-
t on ti) a few of his inconsiderable debts, and used Diligence lor
the same, did by letters of Ejection obtained by you, eject Marion
Peebles, mother to the said William and ane old infirm gentle.
woman out of the house of Bush of Beell, and that in one oi other
of the days of the months of ll a yeai I i, i nd that so barba.
rously, that you and your accomplishes, invading her in her own
house as said 13, did liist heat her almost to death with the stilt
wherewith she walked, and then dragged her out of the house
and left her upon the dunghill, which shortly thereafter was
the cause of her death, all which is noLuur. Aud faiderin pro.



54 APPENDIX.

secution of your foresaid wicked malice and designe, you and
youi complices came upon the sixt of May 1G68, to the foresaid
House called the Hush of Beell, where the said William Gordon
dwelt, and there did attacque and invade him with guns and
swotds, and gave him several wounds, for which and other hei-
nous deeds of riot, oppression, and hame sucken, you was con.
vened hefore the Lords of Privy Councill, and, upon prohation,
convict and fyned in the sum of three thousand merks, as the
Decreet of Councill herewith produced testifies ; off which crime
of Manslaughter and Murder you are Guilty, art and part,
which being found by the knowledge of ane Assise, you ought
to be punished with death and confiscation of your moveables
to the example and tenor of others to committ the like in time
coming."

The Verdict of Assize.

" The said day, [IGth February 1G97,] the persons who pas.
sed upon the Assise of Sir Godfrey M Culloch, returned their
Verdict in presence of the saids Lords whereof the tenor fol-
lows. —

"The Assise having elected Sir William Binning of Walliford,
their Chancellor, and Mr George Rome, their Clerk, they in
one voice, Finds it proven by the testimonie of the Witnessei
adduced, that the Pannell Sir Godfrey M'Culloch of Myretoun,
did give the deceast William Gordon of Cardiness a shot in the
leg, beneath the garter, by which his leg was brock ; And Finds
it also Proven by the concurring testimonie of the Witnesses
adduced, that the said deceast William Gordon, of Cardiness,
dyed that same night. Sic sub. William Binning, Chancellor,
George Rome, Clerk."

Doom.

" The Lords Justice Clerk and Commissioners of Justiciarie,
having considered the Verdict of Assise above written ; They
therefore by the mouth of John Ritchie, Dempster of Court,
Decern and Adjudge the said Sir Godfrey M'Culloch to be
taken to the Mercat Cross of Edinburgh, upon Fryday the
fyfth day of M:irch next to come, betwixt two and four o'clock
in the afternoon, and there to have his head severed from his
body, and all his moveable goods and gear to be escheat and
inbrought to His Majesty's use, which is pronounced for doom.
Sic Sub. Ad. Cockburn. C. Campbell.
David Home. Jo. Lawder.

J. Hon:. J. Falconer. 1 '



APPENDIX. 55

Note Ee. — Vol. ii. — Page 479.

Subsequent to the revestment of the Govern-
ment of the Isle of Man in the crown of Great
Britain, in the year 1765, the illicit intercourse of
smuggling with that island, so much occupied the
attention and capitals of the most intelligent and
enterprising part of the inhabitants of Gallowav,
that the idea of acquiring wealth in a commercial
line by fair and upright dealing, seemed to be
wholly laid aside. Even the clergy at this period
were adventurers in the free trade.

One of the charges brought against the Rever-
end Robert Carson, Minister of Anwoth, in the
presbytery of Kirkcudbright, when he was depos-
ed from his office in the ministry, was, that he not
only smuggled himself, but encouraged others to
follow the same unlawful practice.*

Companies were formed solely with a view
of aggrandizing their fortunes at the expense of
the revenue ; and, in order the better to conceal
their designs, every smuggler became a farmer. —
By this means they had always a number of men
and horses at their command. These, when act-
ing in concert, could easily muster from 300 to 400
horses, with as many men as were required for their
management, thereby setting the revenue officers
at defiance, in escorting their goods through the
country.' 2

My friend Mr James M'William, formerly
officer of excise at Wigtown, in a letter which I
received, dated from Wigtown, 28th September
1840, says in answer'to some queries whieJi 1 had
put to him on the subject of smuggling, "I remem-
ber in the year 1777, being then a boy of about

1 Scots Magazine for the year 17G7, p. 333.

2 Forsyth's Beauties o( Scotland, vol. ii. p. 385.



56 APPENDIX.

twelve years of age. of counting 210 horses, laden
with Tea, Spirits, and Tobacco, accompanied by
about half that number of Linrjtowmen, passing
within a mile of the town of Wigtown, in open
defiance of the supervisor, two excise officers, and
about thirty soldiers, stationed at Wigtown, to as-
sist the revenue officers in the suppression of
smuggling. I recollect this circumstance particu-
larly from four of the smugglers' horses falling
down dead on the road, as was supposed from the
heat of the day, and the strong smell of the to-
bacco.

" I also recollect that, about the same time, I ac-
companied my father, who was then excise officer
in Wigtown, and the supervisor, with about twenty
five soldiers, to Port William, where two Luggers
were lying ready to discharge their cargoes of con-
traband goods. One of these Luggers mounted
twenty two guns, the other fourteen; and each had
a crew of about fifty men.

" Upon our arrival at the beach, the commander
of one of these vessels came on shore, and said, if
the party did not instantly retire, he would cause
a broadside to be discharged from the ships, and
would land a hundred armed men to clear the
beach of us ; but if the party would retire quietly
to a distance of three or four miles, so as not to
disturb the landing of their goods, he would leave
thirty or forty ankers of spirits for us on the beach.
"Our party retired and the captain of the Lugger
fulfilled his promise by leaving thirty six casks of
spirits for us at the place appointed.

" The smugglers evinced great ingenuity in the
construction of cellars for concealing their contra-
band property, I remember my father going several
fimes with a party of soldiers to the farm of Drum-
troddan, in consequence of having received infor-
mation of there being a cellar for the reception oi



APPENDIX. 57

smuggled goods, either below the barn floor, or a-
bout the kiln, bnt though he caused the barn floor
and every place about the house to be trenched, he
could not find the entrance to this cellar. It was,
however, discovered afterwards by another officer,
immediately under the fire of the kiln, which fire
had been always kindled as soon as my father and
his party made their appearance."

There were generally two cellars at the same
place, one over the other for the sole purpose of
deceiving the officers, who, when they found one,
never thought of searching for another, till the
plan was discovered by Mr Reid, Inspector Gene-
ral of the customs, who brought out from Edinburgh
with him, in December 1777, two men who under-
stood draining so well, that they discovered so
many of these under-cellars both at the Clone and
at the Mull of Galloway,! that in the course of a
few days his party seized above 80 chests of Tea,
and 140 ankers of Gin and Brandy, with nearly as
many bales of Tobacco.

We find in the Scots Magazine for June, 1778
that the military who attended Mr Reid on that
occasion through the Rhins of Galloway were
allowed out of the proceeds of two seizures made
by them as follows.

The Lieutenant, . . £269.

Sergeant, 42.

Corporal ...... 28.

Each Soldier, .... 14.
In consequence of a royal proclamation having

1 The house of Bulcary. on the margin of the Solway Frith,
now the property of Colonel Gordon, was originally built by
Claik, Crain, and Quirk, a company ot Srauggleis, solely for the
purpose of carrying on their illicit trade with the I-le of Man;
and the cellars below that edifice remain a lasting specimen of
the ingenuity displayed in the construction of these subterra-
neous apartments.

2 Scots Magazine for the year 1778, p. 320.

F



14.


0.


16.


10.


14.


4


5.


8-2



58 APPENDIX.

been published on 30tli March, 1778, granting a
free pardon to all persons who had been convict-
ed of smuggling - , on their entering liis Majesty's
service, upwards of 500 individuals surrendered
themselves, and were incorporated in the army and
navy within six months after the date of the King's
permission to do so.

By the Act 12. Geo. iii., salt was allowed to be
imported into the Isle of Man from Great Britain
duty free, for the purpose of curing herrings; but the
boon was turned to the disadvantage of the British
Government by the smuggling back into Britain,
large quantities of such duty-free salt. A young
man of Ramsay, who was on the eve of being
married to a respectable girl of that neighbourhood,
contrary to the advice of her relations, resolved to
run a few bags of fishery salt into some creek of
the Solway, where he knew he would meet a ready
market, and thereby raise a small sum to assist
him in defraying the expense of his wedding.

In this ill omened enterprise he was accom-
panied by the bride's brother only. They had
passed the shores of Barnhoury, and were steeling
up the Solway Frith, near Baieary bay, where the
Prince Ernest Augustus Cutter, commanded by
Sir John R***, lay at anchor, when they were sud-
denly surprised by a voice, ordering them through
a trumpet to "lay to" The poor Manxmen from
not understanding the English language distinctly,
disregarding the order, kept on their way towards
Port O Warren, a noted landing place ; but they
had not proceeded many yards, till a ball from the
cutter deprived the bridegroom of life. Panic
struck by such an instantaneous calamity, the sur-
viving lad ran the boat ashore at the nearest point
of Colvend, and took to flight lest he should fall
into the fangs of the seaguard, as he saw the
„,...:,,„„ j»o Sr j n0 r ''i"-n imon him under a uress of



APPENDIX.

sail. The corpse, being of little value as a prize,
was thrown on the beach by the sailors; but the
crazy Scout, with a tew bushels of salt on board,
was taken in tow and carried away to the custom-
house of Kirkcudbright.

Near the lonely spot where the bleeding corpse
lay on the strand, several shipwrecked mariners
had previously found a resting place, and there the
smuggler was likewise buried by pitying strangers,
till under a warrant from the sheriff, the body was
raised and re-interred in the neighbouring church-
yard of Colvend.

Meanwhile the surviving smuggler made his
way home to Ramsay, with intelligence of the ca-
lamity just related. The father of the deceased
had been by the temporary suppression of the il-
licit trade of the island, which took place at the
revestment, reduced from a state of affluence to
dependence for support on the last survivor of a
numerous family, the account of whose death filled
his heart with sorrow. Unable as he was to en-
counter the dangers of the sea, even for a short
distance, he resolved nevertheless on removing the
the remains of his unfortunate son from Scotland
to the family burying place in the Church-yard of
Kirk Christ Lezayre. -

The survivor of the former unfortunate voyage,
with some other relations, agreed to assist in this
frenetic undertaking, and what was more singular
still, the distracted bride could not be dissuaded
from appearing as chief mourner in the funeral
group.

Permission was obtained to remove the body
from the church-yard of Colvend, and the mourn-
ful party emba r ked with it for Ramsay; but ere
they had reached the Isle of Heston, a hurricane
arose and a foaming breaker engulphed the fragile
bark, near the spot from whence the fatal shot was



60 APPENDIX.

fired, that brought so many re'ations to a tragical
end, and caused lusting grief to a wide circle of
surviving friends.

Sir John R***, thecommander of the cutter, was
arraigned for the murder of the Manxman, before
the High Court of Justiciary at Edinburgh, and
acquitted of the charge. On the lonely shore of
Golvend, a little below the farm house of Glen-
stocken, the Manxman's first grave is yet pointed
out by the neighbouring peasants, and all the con-
comitant circumstances connected with it as here
related, are feelingly told to the enquiring stran-
ger."

Note F/.— Vol. ii.— Page 498.

History of the M'Adams of Waterhead.

We stated in a note, (volume second, page
483,) on what we considered good authority, that
Mr M'Adam, the celebrated improver of high
ways in Great Britain, was a native of Galloway,
and that h's remains were interred in Carsephairn
church-yard. But we find from a communication
which we have lately received from his grandson,
that this eminent individual was born in the town of
Ayr, and buried at Moffat. Mr M'Adam, however,
was intimately connected with Galloway, his ances-
tors, who were descendants of a branch of the clan
Gregor, l being proprietors of Waterhead in the
Stewartry of Kirkcudbright. On the 30th of July,
1569, Andrew M'Adam obtained a charter of the
lands of Waterhead, as possessed by his father,
John M'Adam.

From this period the estate descended uninter-
ruptedly to James M'Adam. who married Susan

1 The Griersons are descended from the same dan, their nama
is an abbreviation of Gregorson.



APPENDIX. 61

Cochrane, niece of the heroic Grizel Cochrane. 1
This gentleman by his profuse expenditure was
compelled to dispose of the property to the Earl of
Stair, from whom it was subsequently purchased
by a younger branch of the family, — the M ; Adams
of Craiirenoillen. James M'Adam was the father
of the subject of this notice.

John Loudon M'Adam was born on the 21st of
September, 1756, and, by the death of his elder
brother, became, on the demise of his father, the
representative of the ancient family, and chief man
of his name. He was educated at Maybole, and
in the fourteenth year of his age, went to New



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