Jamie Macpherson

Scottish outlaw

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James Macpherson
Born	1675 Scotland
Died	16 November 1700(1700-11-16) (aged 24–25) Banff, Scotland
Occupation	Robber

Criminal charge	Robbery Bearing arms in a market Being Egyptian
Penalty	Death by hanging

Jamie Macpherson (1675–1700) also known as James Macpherson was a Scottish outlaw, famed for his poetic work commonly called "Macpherson's Lament" said to have been composed by him on the eve of his execution. "Macpherson's Lament" is known also as "Macpherson's Rant" or "Macpherson's Farewell".

Early life

Macpherson was born in 1675, the illegitimate son of the Scottish nobility (Scottish Gaelic: flath) of Clan Macpherson of Invernesshire.^[1] His parents were the MacPherson Tacksman of Inverseie and a tinker or Roma woman whom he had met at a wedding. Macpherson's father acknowledged the child as his own and raised him in his house.^[2] The father died while leading an expedition to recover Highland cattle taken by reivers from Badenoch.

Following the father's death, the child was taken in and raised by his mother's Gypsy (Romani) family. Macpherson and his mother would often visit together the boy's relations and clansmen, who clothed him and provided money to the mother. It is reported^{[by whom?]} that Macpherson was of uncommon strength and he had become an expert swordsman, as well as a musician capable of using the fiddle.^{[citation needed]}

Outlaw career

In a time and place where cattle raiding and selling protection against theft were considered an honourable way of earning a living for oneself and one's clansmen, Macpherson is said, similarly to Rob Roy MacGregor, to have operated an extralegal Watch over the cattle herds of the Scottish gentry of Moray and to have been viewed as a Robin Hood figure.^[3]

Before ultimately being brought to trial, Macpherson was captured several times but always escaped from his enemies. In Aberdeen, his cousin, Donald, and a gypsy named Peter Brown, aided by the populace, rescued him from prison. Shortly afterwards, he was again captured, but was once more rescued, this time by the Laird of Grant.^{[citation needed]}

Though his prowess was debased as the exploits of a robber, it is certain, says one writer,^[who?] that no act of cruelty, or robbery of the widow, the fatherless, or the distressed was ever perpetrated under his command. Indeed, it is alleged that a dispute with an aspiring and savage man of his tribe, who wished to rob a gentleman's house while his wife and two children lay on the bier for interment, was the cause of his being betrayed to the vengeance of the law. Thus he was betrayed by a man of his own tribe, and was the last person executed at Banff previous to the abolition of heritable jurisdictions.^{[citation needed]}

Macpherson had incurred the enmity of the rich lairds and farmers of the low country of Banff and Aberdeenshire, and especially Duff of Braco, who organised a posse to capture him. "After holding the counties of Aberdeen, Banff, and Moray in fear for some years", says Chambers, "he was seized by Duff of Braco, ancestor of the Earl of Fife, and tried before the Sheriff of Banffshire (8 November 1700), along with certain Gypsies who had been taken in his company.^[4]

Capture and trial

Macpherson's career of robbery had culminated in a "reign of terror" in the markets of Banff, Elgin and Forres. Apparently under protection of the Laird of Grant, he and his band of followers would come marching in with a piper at their head. Perhaps he became too powerful for comfort for he was tried at Banff in 1700, for bearing arms at Keith market. At the Saint Rufus Fair in Keith, Macpherson was attacked by Braco's posse, and was captured after a fierce fight in which one of Jamie's crew was killed. According to the traditional account penned by Jamie himself, a woman dropped a blanket over him from a window, and he was disarmed before he could get free of it. Duff and a very strong escort then took him to Banff prison.^{[citation needed]}

It was still at that time a criminal offence merely to be "ane Egiptian" (Gypsy) under Scots Law, and it was under this statute that Macpherson was tried in November 1700.^[4] Macpherson and others were brought to trial at Banff before Nicholas Dunbar, the Sheriff of Banffshire—an alleged close friend of Duff^{[citation needed]}—on 8 November 1700, accused of thievery. Macpherson was sentenced to death by hanging.^[5]^{: 22–23, 25}

Dunbar's sentence against Macpherson remained in the written record, and his death sentence was as follows:

For sae meikle as you, James Macpherson and James Gordon, pannals [the accused], are found guilty, ane verdict of ane assyse, to be knoune holden, and repute to be Egiptians and vagabonds, and oppressors of his matie's free lieges, in ane bangstrie manner, and going up and doune the country armed, and keeping the mercats in ane hostile manner; and that you are thieves, and receptors of thieves, and that you are of pessima fama: Therefore, the Shireff-depute of Banff, and I, in his name, adjudges and decernes you, the sds James Macpherson and James Gordon to be taken to the cross of Banff, from the tolbooth yrof, where you now lye, and yr upon ane gibbet to be erected, to be hanged by the neck to the death, by the hand of the comone executioner, upon Friday nixt, being the 16 Nover instant, being a publick weeklie mercat-day, betwisxt the houres of two and three in the afternoon, and, in the meantyme, declairs their haill movele goods and gear to be scheat and inbrought to the fiscall, for his matie's interest; and recomends this sentences to be sene put in executioune by the magistrats of Banff
— Nicolas Dunbar, Sheriff of Banffshire (November 1700)^[5]^: 25

Macpherson's Lament

Wikisource has original text related to this article:

McPherson's Farewell

While jailed before the execution of his sentence, Macpherson is said to have composed his song known today as "Macpherson's lament" or "Macpherson's rant". According to Walter Scott, Macpherson played this tune beneath the gallows and then, after playing, offered his fiddle to his clansmen to play at his wake. No one came forward, and so Macpherson broke the fiddle either across his knee or over the executioner's head, throwing the pieces to the crowd, saying, "No one else shall play Jamie Macpherson's fiddle."^{[full citation needed]} The Clan Macpherson Museum in Newtonmore houses what remains of Macpherson's fiddle.^[6]

He then was hanged or, according to some accounts,^{[according to whom?]} threw himself from the ladder to hang by his own will. This allegedly was the last capital sentence executed in Scotland under a heritable jurisdiction, taking place on 16 November 1700.^{[citation needed]}

The traditional accounts of Macpherson's immense prowess seem justified by his bones, which were found not very many years ago,^[when?] and were allowed by all who saw them to be much stronger than the bones of ordinary men.^[7]^: 30

It is said that a pardon was en route to Banff at the time of Macpherson's execution. Legendary accounts say that Duff of Braco spotted a lone rider coming from Turriff and assumed he bore a pardon from the Laird of Grant. Duff is said to have changed the village's clock to be 15 minutes fast, so that the death sentence could be carried out before the rider with the pardon arrived. The magistrates allegedly were punished for this, and the town clock was for many years kept running 15 minutes ahead of the correct time.^{[citation needed]}