And now we return to the point from which we started. All that the pa.s.ser-by can see of this object is a chimney-crowned gable. Nearer approach shows an arched chamber. But the whole history of an interesting past appears to be covered with debris. It is impossible to fancy the feelings of Abbot or Earl were he to rise from his tomb and hear to what uses the fabric of his cherished house was being devoted.
Pig-styes, barn-walls, fences--these comprise the objects to which the "holy stones" are set. _O tempora, O mores_.
If these words should meet the eye of antiquarian enthusiasts, and should happen to stir within them the desire of research, a welcome and a courteous lodging will be found at the Manse of Maderty.
A SOUTHERN OUTPOST ON THE EDGE OF THE HIGHLANDS
By Rev. HUGH M. JAMIESON, Monzie
Monzie--a southern outpost on the edge of the Highlands--is said to derived from the Gaelic _Moeghe_, signifying "a good plain." It is a long, narrow, irregular parish, extending for nearly twelve miles up both sides of the River Almond, until it touches, on the north, the parishes of Dull, Weem, and Kenmore.
The vale of Monzie--the southern boundary of the parish--where stands the church, the hamlet, and the Castle of Monzie, extends for nearly three miles in a north-east direction, gradually rising to the height of several hundred feet. The most striking peculiarity of the surroundings of Monzie is the combination of wild and mountainous scenery with cultivation and picturesqueness. One of the finest views in the whole of Strathearn can be had from the Highland Road, to the east of the church. In the foreground are the luxuriant woods, the rich pastures, and the Castle of Monzie, and at a distance of seven or eight miles is the Aberuchill range, towering in majesty on the horizon, with the giant Ben Voirlich just visible over their heads. A little to the left is Turleum--a conical-shaped hill of respectable alt.i.tude; while Benchonzie and other off-shoots of the Grampians bound the view on the north. The general effect is exceedingly beautiful, and the mingling, within a short distance, of the sublime and the picturesque is probably not surpa.s.sed anywhere in Scotland.
There are three streams rising in the hills to the north that find their way into the vale. The Barvick, which runs for three or four miles along the western boundary of the parish, descends rapidly with leaps and bounds into a deep and rocky dell, until it terminates in the fall known as Spout Barvick. The Keltic, rising in the hills some four miles to the north, enters a rocky ravine fully a mile up from the turnpike road, and tumbling precipitously down a height of eighty feet it reaches the vale, skirts the castle grounds, and, joining the s.h.a.ggie, falls along with it into the Turret. The third stream--the s.h.a.ggie--rises to the north-east of the Keltie, and, threading its way for three miles between lofty banks covered with wood, it pa.s.ses the village, and pursues its course beneath the old ivy-crowned Roman bridge, through the castle parks, until it becomes lost in the Turret.
The neighbourhood is peculiarly rich in trees. On the lawn behind Monzie Castle are three of five famous larches planted in the year 1738--the fourth one fell during the November gale of 1893. They rival those of the Duke of Athole at Dunkeld. There is a tradition that the Duke"s gardener, on his way home with the seed, was hospitably entertained at Monzie, and planted them in remembrance of his visit.
The gardener was sent annually to observe their growth and report to his master. "When this functionary returned and made his wonted report, that the larches at Monzie were leaving those of Dunkeld behind in the race, his Grace would jocularly allege that his servant had permitted General Campbell"s good cheer to impair his powers of observation."[1] Altogether, the district is beautifully and bountifully wooded, and many a laird gathered to his fathers must have laid to heart some such advice as the laird of Dumbied.y.k.es gave to his son--"Jock, when ye hae naething else tae dae, ye may be aye stickin"
in a tree; it will be growin", Jock, when ye"re sleepin"."
The valley of the Almond runs parallel to the vale of Monzie. Leaving the manse, and pa.s.sing the church and the school, the Keppoch Road joins the road to Glenalmond, and after a walk of fully two miles the traveller finds himself at the entrance to what is known as the Sma"
Glen--a romantic pa.s.s, stretching along the sides of the Almond for a distance of fully two miles. Standing half-way up the glen on a summer"s day, looking northwards, the scenery is magnificent. Here, from the mountain"s brow rushes a foaming stream; there, a clump of trees dressed in the most luxuriant green; here, mountains towering bleak and wild; there, a few spots of verdure growing amid the rocks; behind, the swift, pellucid Almond water; before, hills stretching on and on till they are lost in the azure sky.
The banks of the Almond along the vale are a.s.sociated with much romance. Some time in the last century there lived at Corrivarlich a noted sheep-stealer named Alastair Bane. Little is known of his boyhood. He was supposed to have been brought to the district by Highlanders who were in the habit of bringing to Crieff cartloads of split pine from Rannoch Forest, which they sold to riddle-makers to make riddle rims. During one of those visits the child is supposed to have been left. He was called Alastair, owing to his supposed Highland descent, and Bane, because of his white hair. As he grew up to manhood he showed symptoms of a wandering disposition, and went frequently to Amulree and Falkirk, acting in the capacity of a drover. While pursuing this occupation he became acquainted with many of the ferocious caterans who were at that time following the same calling.
How long Alastair continued a drover is not chronicled in oral tradition. After a time he a.s.sociated himself with a band of bare-legged mountaineers, sixty in number, who located themselves under his leadership in a cave in the glen, to the great terror and annoyance of the district. It is said that the last combined effort of the band at cattle-lifting was at a farm situated in the moor between Fowlis-Wester and Buchanty. On this occasion dissension broke out amongst the thieves, which ultimately ended in the breaking up of the band. That Alastair Bane had his dwelling-place among the rocks in Wester Glenalmond was well known, but every effort to discover its whereabouts was in vain, until one night a shepherd, wandering on the hills, chanced to see a light shining through a crevice in the rocks.
Creeping cautiously forward and peering through the opening, he observed the formidable thief sitting on the floor, amusing himself with an old fiddle and singing--
"Many a cow has lost her calf, many a sheep her lamb, But I"ll sit on a stane, and sing at my den-- The thief of Glenalmond will never be ta"en."
He was taken, however, and paid the full penalty of the law at Perth--hanging for sheep-stealing being in practice at that date. When on the scaffold he prophesied that "the water o" Almond runs ower mony a stane, but it"ll ne"er run twa years withoot takin" ane." The prophecy has reference to the number of people drowned in the river, which is remarkable for the impetuosity of its floods.
At Fendoch--the entrance to the Sma" Glen--we tread on historical ground. Here, at Tom-an-Die--"Hill of G.o.d"--there is no reason to doubt, was one of the chief stations of the Romans, a standing camp, formed, not for a halt of a few days, but to be occupied for a considerable time. It was formed by Agricola in the year 84 A.D., in his seventh and last campaign, probably a little before the Battle of Mons Grampius. It had many advantages of situation, and we may well believe that it continued to be occupied by the Romans so long as they had possession of North Britain;--by Lollius Urbicus, who in the next century anew drove back the Caledonians to their fastnesses beyond the Grampians; and by the Emperor Severus in the beginning of the third century. So distinct were the traces of the camp in the year 1795, when the first Statistical Account of the parish was written, as to admit of its being measured. At that time the trenches were entire, and in some places six feet deep; but both rampart and trenches have disappeared under the operation of the plough. Though the camp covered upwards of fifty acres, nothing can now be seen but a small piece of breast-work facing the Almond.
At the mouth of the Sma" Glen there is a round knoll--Tom-an-Tighe--"the House of the Hill"--where Fingal, the father of Ossian, is said to have dwelt until his house was destroyed by Gara.
The place is called Fendoch, a corruption of Finn-Tighe--"Finn"s House." When Fendoch was burnt, Fingal built a fort on the summit of Dunmore, on the east side of the glen, where he and his father, Comhal, are said to be buried. The remains of this fort, still visible, show it to have been a place of retreat almost impregnable. That Comhal, his son, and grandson lived in the parish, the etymology of the place can scarcely leave a doubt. Not only have we Fingal"s house, but on the moor contiguous to Fendoch we have Cairn-Comhal--"the cairn over the grave of Comhal"; while at Cultoquhey we have a camp called in Gaelic Comhal Cults--that is, "Comhal"s battle"; and it is worthy of note that, towards the close of last century, some urns with ashes in them were dug up in this locality.
In the centre of the glen stands Clach-na-Ossian--"Ossian"s Stone"--which tradition held to cover the mortal remains of Scotia"s early bard. When the Government troops under General Wade were engaged in carrying a highway through the glen, they found it necessary to shift the position of Ossian"s Stone. The detailed narrative of what took place is as follows:--
"I have so lately mentioned Glenalmond, in the road from Crieff, northward, that I cannot forbear a digression, though at my first setting out, in relation to a piece of antiquity which happened to be discovered in that vale, not many hours before I went through it in one of my journeys southwards.
"A small part of the way through this glen having been marked out by two rows of camp-colours, placed at a good distance one from another, whereby to describe the line of the intended breadth and regularity of the road by the eye, there happened to lie directly in the way an exceedingly large stone, and, as it had been made a rule from the beginning to carry on the roads in straight lines, as far as the way would permit, not only to give them a better air, but to shorten the pa.s.senger"s journey, it was resolved that the stone should be removed, if possible, although otherwise the work might have been carried along on either side of it.
"The soldiers, by vast labour, with their levers and jacks, or hand-screws, tumbled it over and over till they got it quite out of the way, although it was of such an enormous size that it might be matter of great wonder how it could ever be removed by human strength and art, especially to such who had never seen an operation of that kind; and upon their digging a little into that part of the ground where the centre of the stone had stood, there was found a small cavity, about two feet square, which was guarded from the outward earth, at the bottom, top, and sides, by square flat stones."[2]
"The people of the country," says Newte, who travelled through the district in 1791, "venerating the memory of the bard, rose with one consent, and with bagpipe music carried the sacred dust away by force, and buried it on the top of Dunmore, in the centre of his father"s fort." Burns visited Ossian"s grave. Writing to his brother, on his return to Edinburgh from the North, he says--"Being warm from Ossian"s country, where I have seen his very grave, what care I for fertile plains and fishing villages?" Whether the dust of Ossian slumbers amidst these mountains or within this glen no one can say--we have but dim tradition to guide us; but surely no spot seems more suitable for the resting-place of the Caledonian bard. No monument is erected to perpetuate his memory, nor speaking stone whispers to each pa.s.ser-by in the language of Wordsworth--
"In this still place remote from men Sleeps Ossian in the narrow glen";
but it is surrounded by mountains torn and thunder-split, and it is laved by a stream as pellucid as his own Cona, which ever sings as it flows the lonely dirge of the bard who sang of battles and the breath of stormy war. "We feel a pride," says Fittis, writing of Ossian"s tomb, "we feel a pride in cherishing the thought that the h.o.a.ry bard"s pilgrimage closed in Perthshire"s "narrow glen," where the murmuring Almond sang his requiem, and that his ashes still rest not far from the banks of the stream."
Innerpeffray, annexed _quoad civilia_ to the parish of Monzie about the beginning of the seventeenth century, is one of its historic scenes.
It derives its name from the Pow--a small stream which joins the Earn near this place. Inner-Powfray signifies the junction of two rivers.
The name Powfray was given to it when the marshy grounds around the Abbey of Inchaffray were cut and drained, after the Battle of Bannockburn, by order of King Robert the Bruce, for the services of Maurice, Abbot of Inchaffray. In process of time "Powfray," or "Innerpowfray," became merged into "Innerpeffray," the name by which it has been known for many generations.
The first laird of Innerpeffray was Sir John Drummond. The lands were bequeathed to him by his father as his patrimony, and in 1508 he founded here a collegiate church, which he endowed with a revenue sufficient to maintain a provost and prebend. The ruins of the chapel, dedicated to Saint Mary, mentioned as early as 1342, are still to be seen. The chapel has one feature not observed in any ecclesiastical edifice--what is termed "a squint"--an oblique opening in the wall to allow those who were late in attendance to hear ma.s.s without attracting the attention of the officiating priest. Few traces of ornament are to be seen on the building, but at the eastern gable there is a niche in which a half life-size figure of the Saint may have been placed. The chapel was an off-shoot of the Abbey of Inchaffray, and part of it has been used for generations as the burial-place of the Earls of Perth.
Robert Mercer, the third laird of Innerpeffray, granted to the Abbot and Convent of Inchaffray the right to fish for eels in the water at Polpefery, within the lordship of Dullory. Eels, it appears, formed a favourite article of food among all cla.s.ses of the people. During the season of Lent the monastic establishments throughout the country consumed large quant.i.ties. The fish were captured princ.i.p.ally by means of weirs, the eel-skins being used for making bindings to flails. The licence to the Abbey of Inchaffray is dated 1454, and is as follows:--
"To all who shall see or hear this charter, Robert Mercer of Innerpeffry wishes eternal salvation in the Lord. Be it known to your University that I, not led by force or by fear, nor fallen in error, but determined by my pure and spontaneous will, with consent and a.s.sent of Alexander Mercer, my heir, and with consent and a.s.sent of Andrew Mercer of Inchbrakie, are pledged for a certain sum of money, have given, granted, and by this my present charter have confirmed, in perpetual and pure charity, for the honour of Almighty G.o.d, and the glorious Virgin Mary, and the blessed John the Evangelist, for the salvation of my soul, and of the soul of Janet, my spouse, and that of Alexander, my heir aforesaid, and of all my successors, to the Abbot and Convent of Inchaffray, and their successors, serving, or that shall in future serve G.o.d in that place, entire liberty and perpetual licence of fishing, by means of enclosures, nets, or whatever instruments are necessary for catching eels and other fishes.... In witness whereof the seal of me, Robert Mercer, and the seal of Andrew Mercer, my uncle, are appended to my present charter, before these witnesses, Tristram of Gorty, John Quhyston, Alexander Cardeny, William Bonar of Kelty, Alexander Sharp of Strathy, an John Crab, shield-bearer, with many others, on the twenty-fourth day of the month of June, in the year of our Lord one thousand four hundred and fifty-four."[3]
The Library of Innerpeffray was founded by David, third Lord Madertie, whose family is now represented by Viscount Strathallan. Lord Madertie"s grandfather, James Drummond, was the second son of David, Lord Drummond, and was created Lord Madertie on 31st January, 1609. He was educated along with James VI., and was esteemed by that monarch as "a man of parts and learning," and became a special favourite of the Court. By his marriage with Jean, daughter of Sir James Chisholm of Cromlix, he obtained the Barony of Innerpeffray, which had been his mother"s portion, and at his death, in 1623, his eldest son, John, succeeded to the t.i.tle. John was married to Helen Leslie, eldest daughter of Patrick, Commendator of Lindores; and David Drummond, the founder of the Library, was their eldest son. His second wife was Lady Beatrix Graham, sister of the great Marquis of Montrose, and the intimate relationship betwixt the families accounts no doubt for the existence of several volumes that belonged to Montrose, which are now in the Library.
The Library was intended for the benefit of students, and any other persons in the district possessed of a literary turn of mind, or having a thirst for knowledge. By his will, dated 1680, David, third Lord Madertie, bequeathed the half of 6000 merks to be employed by Lord John Carmichael and John Haldane of Gleneagles for the maintenance of a library and schoolhouse which he had erected at the Chapel of Innerpeffray. The sum conveyed was in a heritable bond, which made the bequest inept; but in 1691 the nephew and heir of Lord Madertie executed a deed of mortification, having for its object the vesting of 5000 merks for the encouragement of learning and the good of the country; "and as a constant and perpetual stock for the preserving of the said library and maintaining a keeper and schoolmaster, and for augmenting the library and building a house; but under reservation of his rights and those of his successors to nominate the librarian and schoolmaster."[4] The endowment covered a school and library, but under the new scheme, inst.i.tuted in 1888, the school has been taken over by Muthill School Board, and the present trustees are empowered, after paying 15 per annum for the maintenance of the school and the expenses of the trust, to pay over the remainder of the income, and to transfer the library to any town or village within five miles of Innerpeffray.
The Library is particularly rich in old Bibles. The oldest one in the collection, and one having a special interest of its own, is dated 1530. It is in black-letter French, the translation being by St.
Jerome. It is a large folio copy, and contains initial letter ill.u.s.trations and pictorial woodcuts, the t.i.tle-page being in red and black ink. There is also a copy of what is popularly known as the Treacle Bible, so called because of the rendering given to the pa.s.sage in Jeremiah viii. 22--"Is there not tryacle at Gylyad?" Two other peculiarities deserve pa.s.sing notice. The seventh commandment reads--"Thou shalt not break wedlocke"; and Genesis x.x.xix. 2--"And G.o.d was with Joseph, and he became a lucky man." One of the smallest Bibles in the collection is one that is said to have been carried about by the Marquis of Montrose. It bears his autograph in more than one place, written in a bold plain hand. It seems to have been lost for a number of years, and only turned up after a more careful supervision was exercised. It was printed in the French language at Sedan in the year 1633. There are quite a number of mottoes or extracts copied by the Marquis himself on the leaves of the Bible, taken from cla.s.sical authors, showing that the book was one for close companionship. Three of these extracts freely translated may be here transcribed. The first is--"Honour to me is better than life"; the second, "Though the shattered universe o"erwhelm him, the ruins should find him untrembling"; and the third, under a pen-and-ink sketch of a mountain and a rose, "Roses grow not without thorns." Of psalm-books there are several very interesting examples. The oldest of these is an edition of Marot and Beza"s Psalms, dated 1567, and having music set to many of the Psalms in staff and sol-fa notation. This copy is believed to be unique. It contains a great number of prayers. The volume of translations and paraphrases of the Psalms, which was published in 1630 as the work of James VI., is to be found in this collection. It is ent.i.tled "The Psalms of King David, translated by King James." It has portraits of King David on one side of the t.i.tle-page and that of King James on the other--one of the portraits being, of course, apocryphal.
Of prayer-books there is a copy of the "Booke of Common Prayer,"
printed by Barker in 1604; and also a copy of the book known as John Knox"s "Confession and Declaration of Prayers," which was printed in 1554, and which lately gave rise to considerable discussion as to whether the early Reformed Church in Scotland used a liturgy. The oldest printed book in the Library is a copy of Barclay"s "Ship of Fools," the date being 1508. Next in point of value as a specimen of typography is the famous Paris edition of Hector Boece"s "Chronicles,"
printed in 1527; and of as much interest is the edition of b.e.l.l.e.n.den"s translation of this work, printed by Thomas Davidson, of Edinburgh, in 1536. There is a specimen of early English printing shown in Fayban"s "Chronicle," the copy at Innerpeffray being the extremely scarce first edition of 1533. The first edition of Holinshed"s "Chronicles of Englande, Scotlande, and Ireland," which was printed in 1577; is also to be found here in good condition. Amongst other notable books may be mentioned:--"The AEneid," by Gavin Douglas, 1533; Bishop Lesley"s "History of Scotland," in the original Latin, printed at Rome, 1578; Drummond of Hawthornden"s "Flowres of Sion," 1630; the same author"s "History of the Five Jameses," 1654; and also his "Miscellaneous Poems," 1656; Drayton"s "Polyolbion"; Dr Donne"s "Elegies"; Stowe"s "Chronicles," 1580; Hitchc.o.c.k"s "Quintessence of Wit," 1590; John Major"s "De Gestis Scotorum," 1536; Bacon"s "Essays," 1639; and the first edition of Burton"s "Anatomy of Melancholy." Students of warfare will find much to interest them in some of the military books of the sixteenth and seventeenth centuries--one of these especially, printed in the German language in 1620, being the work of John Jacobi von Wollhausen, and ent.i.tled _Kreigskunst_. It contains engravings showing the mode of pike exercise and the method of drill adopted for the management of the musket with rest and linstock as then used. Amongst the law books are numerous volumes of decisions by Kilkerran, Forbes, Durie, Dirleton, Maclaurin, and others; as well as textbooks on law by Grotius, Montesquien, Duffendorf, and other well-known writers.
Monzie is best known in connection with the burning of a witch. The traditionary story makes out Kate M"Niven to have been a nurse in the family of the Grammes of Inchbrakie, and as a proof that she was a member of the weird sisterhood, a story is told of her in connection with a visit which the Laird of Inchbrakie made to Dunning on the occasion of some festivity. According to the fashion of the time, he took with him his knife and fork. After he was seated at the dinner table he was subjected to annoyance similar to that which teased Uncle Toby--namely, the hovering of a bee about his head. To relieve himself from the tiny tormentor, he laid down his knife and fork, and attempted to beat off the insect with his hands. It soon flew out at the window; but behold! the laird"s knife and fork had disappeared. They were searched for all over the table, and under the table; nowhere could they be found; but when their owner reached home and recounted his mysterious loss, Kate M"Niven, who was present, straightway went and produced both articles safe and sound from their accustomed repository.
It was whispered that Kate had personated the bee.
Relieved of her duties in the house of Inchbrakie--as the result, it is said, of an attempt to poison the young laird--Kate M"Niven returned to her old home at the Kirkton of Monzie, where she acquired an "uncanny"
reputation. Evidence of her sorceries was collected or suborned, and through the machinations of the young laird of Inchbrakie, she was apprehended and brought to trial on a charge of witchcraft, and her guilt being conclusively established, sentence of death was p.r.o.nounced against her. The stake was pitched and the f.a.ggots piled on the summit of the Knock of Crieff, and thither was the sorceress dragged, to suffer in presence of an immense mult.i.tude gathered from all the surrounding country.
"From Fowlis and Logiealmond, even from Perth, The rabble-mult.i.tude poured thick and fast, Until it seemed as if the conscious earth Believed this spectacle might be the last Of fire and f.a.ggot she would e"er behold, Lighted by _legal cruelty and crime_.
For never did such hosts of young and old, Of tottering crones, and women in their prime, Of high and low, of poor men and of rich, a.s.semble at the burning of a witch."[5]
The Inchbrakie family tradition is much more reliable than the traditionary story as related by Dr. Marshall and Rev. Mr Blair.
Writing under date November 25, 1895, Miss L Graeme says:--"My mother was the wife of the second son of Inchbrakie, and I have over and over again heard her relate how, on her home-coming as a bride, my grandfather on one occasion told her the story. He spoke of Monzie having brought a witch to the notice of the authorities. She was being burnt on the Knock of Crieff, above Monzie, when the Inchbrakie of the day,[6] riding past, did all in his power to try and prevent the matter from being concluded, without avail. Just as the pile was being lit she bit a blue bead from off her necklet, and spitting it at Inchbrakie, bade him guard it carefully, for so long as it was kept at Inchbrakie the lands should pa.s.s from father to son. Kate then cursed the Laird of Monzie.
"My grandfather had the ring[7] carefully kept in a casket, and his own daughter was not allowed to touch it--only the daughters-in-law. On my mother presenting my grandfather with his first grandson, he bade her slip it on her finger, as the mother of an heir. Nearly forty years after, when I was a young girl, I well remember my mother"s horror and dismay when my cousin Patrick--the head of the family--after his majority, opened at our house a box of papers which, during the family"s absence abroad, had been left in my mother"s care; for there was the ring in which the stone was set--no longer guarded within the walls of Inchbrakie. A few years after this the first acres of the old Barony of Inchbrakie and Aberuthven were sold; now there is not one of them left.
"The ring is still retained among the family papers--such, at least, as were left after the burning of the castle by Cromwell. It is a moonstone sapphire, set in two brilliants of different shape. There is a curious bluish enamel on part of the gold, which is embossed half-way round. There is also a charm, which is said to have belonged to Kate M"Niven. It is a slight iron chain with a black heart, having two cross bones in gold on the back, bearing the words "cruelle death" on it, and attached to it a death"s-head in the shape of a serpent"s head with curious enamel."
The first statute in Scotland against witchcraft was pa.s.sed in the year 1563, during the reign of Queen Mary, and is here inserted as a sample of the simple and concise enactments which were pa.s.sed in these days:--
"Queen Marie--Ninth Parliment IV. of June, 1563.
73. Anentis Witchcraftes.
Item--For sa meikle as the Queen"s Majesty, and the three estates in this present Parliament, being informed that the heavie and abominable superst.i.tion used by divers of the lieges of this realm, by using of witchcrafts, sorcerie, and necromancie, and credence given thereto in times by-gone, against the law of G.o.d; and for avoiding and away-putting of all such vain superst.i.tion in times to come, it is statute, and ordained by the Queen"s Majesty, and the three estates aforesaid--that no manner of persone or persones, of what-sum-ever estait, degree, or condition they be of, take upon hand in onie times hereafter to use onie manner of witchcraft, sorcerie, or necromancie, nor give themselves forth to have onie such craft or knowledge thereof, their-throw abusan the people; nor that onie persone seek onie help, response, or consultation at onie such users or abusers foresaid, of witchcraft, sorcerie, or necromancie, under the pain of death, as well to be execute against the user, abuser, as the seeker of the response or consultation. And this is to be put in execution by the justice, sheriffs, stewards, bailies, lords of regalites and royalties, their deputies, and other ordinary judges competent within this realm, with all vigour, and they have power to execute the same."[8]