men, where ever found, either on sea or land, will be impressed; nor will any solicitations on their behalf be listened to by their Lordships, and much less by your most obedient humble servant,

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Edinburgh,

This will be forwarded you by.

to whom please send your answer."

"GEORGE FALCONER.

There was difficulty both at Findhorn and Burghead in getting men to serve.

(On His Majesty's Service.)

To ARCHIBALD DUNBAR of Newton, Esq.,

66 at his house at Duffus.

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SIR, I am surprised you have neither performed your own promise nor complyed with my orders and advice. I know, and am informed your number of fishers (distinctly from Sir Robert Gordon's) is not under twenty men, out of which the King must have three young men; and I know as well as yourself that those that are fittest for me are Alexr. Sutor, Andrew Grote, and James Neilson, and if you do not quickly send me those men, the Brough shall quickly run the same fate with Findhorn; and I am, Sir, your humble servant,

"R. HAY, Lieutenant."

XI. SMUGGLING.

THE duty on wine and brandy was thought so high, that constant attempts were made to smuggle them into the country. Extract from a letter to Dunbar of Thunderton, in 1710, written by William Sutherland, merchant in Elgin:

.

I have ventured to order Skipper Watt, how soon it pleases God he comes to the firth, to call at Caussie, and cruise betwixt that and Burgh-head, until you order boats to waite him. He is to give the half of what I have of the same sort with his last cargoe, to any having your order. Its not amiss you secure one boat at Caussie as well as the burgh boats. The signall he makes will be all sails furled, except his main topsaile; and the boats you order to him are to lower their saile when within muskett shott, and then hoise it again this, least he should be surprised with catch-poles. He is to write you before he sails from Bordeaux, per Elgin post."

When the chief magistrate countenanced such proceedings, we cannot blame the "Vintner:"

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"27th Aprile 1716.

Alexr. Erskine, Collector of the Customs att Inverness, protests against Archbald Dunbar of Thunderton, Provost of Elgine, ffor all damage and loss that has happened to seven hogsheads of rede wine, imbezled without payment of duty, and seized by Alexr. Cummine, tydsurveyor att Inverness, in the sellar of William Crombie, vintner in Elgine, one of the keys of the said sellar being in custody of the said Archbald Dunbar, and delivered to him by Alexr. Cummine fforesaid, which key he refused to me, the said Alexr. Erskine, on the 26th att night, and next morning the hanging lock of the said sellar of which the said collector had the key, was brock off, and the other lock of which Thunderton had the key was intire and close lockt up, which he himself opened, and upon tapping, the fforesaid seven casks was found with nothing in them but water, a little colloured with wine, whereas they were all left by the fforsaid Alexr. Cummine ffull of good and sufficient rede wine upon his delivering up the key to the said Archbald Dunbar, and thereffor protests that he shall be lyable in the ffull value of the fforsaid seven hogsheads of rede wine, conforme to eighteen pound per hogshead; and also protests against the fforsaid William Crombie,

E

vintner, ffor the value of said wine being imbezled by him and taken in without paying the duty, and also carried out of his said sellar and the cask ffilled up with water. ALEXR. ERSKINE."

"Alexr. Erskine, Collector of the Customs att Inverness, protests against Archbald Dunbar of Thunderton, Provost of Elgine, and Justice of the Peac of the County of Murray, ffor refusing to me a warrant to search such houses, kilns, barns, &c., of the town of Elgine and adjacent places in that countie, and refusing to giv me a constable to goe along with me to search ffor wine imbezled out of the sellar of William Crombie, vintner in Elgine, and other uncostomed goods, confforme to a write of assistance produced to him. ALEXR. ERSKINE."

Charles Eyre, Esq., Solicitor for H.M. Customs in Scotland, took the matter up, but as he was fond of good wine, it was agreeably settled by Ludovic Brodie, W.S., who writes thus:

Your affair with the Exchequer has bein advysed, and the bills are ordered to be re-delyvered, you peaying the officiers' costs who seized the wynes. Now the costs to them, according to the rules of Court, will be but about three or four guineas, besyde

what may be claimed for information getting, as to which Mr Erskin seems not to demand anything for himself; but to referr himself to your discretion. . . . This matter has stood the most drinking (and also some considerable charges) that ever I drunk in any other, for tho Eyre be a gentlemanie prettie litle fellow, yet he drinks lyke a d---1, and I have had many sore heads with him. . . . Wyseman will not deny but I desyred him to cause buy or make such a brydle as would please you : if you do not plague him with your tongue, you are in wrong to yourself and me, for he would not loose ane hour's drinking for all the bussieness in the world."

In November 1744, William Gordon, Master of the ship "Betty," belonging to Portsoy, ran a cargo of wine, brandy, tobacco, etc., into the harbour of Spey, and from thence sent boats which landed part at various places along the Moray Firth. The Commissioners of Customs ordered a procognition to be taken by the local Justices, and a report to be sent to them. The majority of the Justices, however, said they could not legally compel parties to depone by way of precognition, especially when they refused to say anything in a matter which might eventually be brought against them. At an adjourned meeting of the