History of the Frasers of Lovat

584 HISTORY OF THE FRASERS.
the second diet and then we will advise further about it. I offer my
most humble duty to yourself and lady, and believe me to be, sir,
your most affectionate humble servant,
(Signed) "Alex. Fraser.
"P.S. — You will please send me the form of a mittimus, since I am
to give in a thief next week to the Magistrates of Inverness to be
secured in prison, since I am resolved to try him for his life or
banishment."
The practice of "lifting'" cattle even as late as 1729, was
not uncommon, and the custom gave rise to several regula-
tions. The principal feature of this practice was the system
which grew up in connection with it of levying blackmail,
already more than once referred to in the course of this
work, and which, at this period, was tacitly sanctioned by
the Government of the day. There was also a recognised
rule by which, when cattle were stolen, it was made in-
cumbent on the proprietor to whose lands the track was
traced to clear himself of the offence by tracing them
through his bounds to the property of his neighbours, while
at the same time immediate notice to the authorities was
insisted upon as necessary to clear himself of any suspicion
or responsibility. This practice and these conditions will
fully explain Culduthel's letter and its cause.
He married a daughter of William Mackenzie, III. of
Belmaduthy, by his wife Elizabeth (who died in 1772), third
daughter of Sir Kenneth Mackenzie, first Baronet and IV.
of Scatwell, with issue at least two sons —
1. Alexander, his heir and successor.
2. Malcolm, "a son of Culduthel," who joined the Black
Watch when that regiment was first formed in 1740. He
attained to the rank of Captain and fought at the famous
battle of Fontenoy in 1745, where, although defeated, the
Highlanders covered themselves with undying glory. He
was a Volunteer at Bergen-op-Zoom when, in 1747, it was
besieged by Count Lowendhal at the head of a force of
25,000 men, as were also Colonel Lord George Murray,
and several other officers of the Black Watch. Throughout
this campaign Malcolm was accompanied by his foster-
brother. When the regiment was sent with other troops to