History of the Mackenzies Part 9

"This murder was undoubtedly unknown to Rory or any of the Mackenzies, though alleged otherwise; for as soon as his nephew, Colin of Kintail, and his friends heard of this accident, they were much concerned, and would have him (Rory) set Glengarry at liberty but all their persuasions would not do tell he was secured of him by writ and oath, that he and his would never pursue this accident either legally or unlegally, and which, as was said, he never intended to do, till seventeen years thereafter, when, in 1597, the children of these three uncles of Glengarry arrived at manhood,"

determined, as will be seen hereafter, to revenge their father's death. [Ancient and Ardintoul MSS.]

Gregory, however, says (p. 219) that after his liberation, Glengarry complained to the Privy Council, who, investigating the matter, caused the Castle of Strone, which Macdonald yielded to Mackenzie as one of the conditions of his release, to be placed under the temporary custody of the Earl of Argyll and Mackenzie of Kintail was detained at Edinburgh in open ward to answer such charges as might be brought against him. [Records of Privy Council of date 10th August and 2d December 1582; 11th January and 8th March 1582-3.]

In 1586 King James VI. granted a remission to "Colin M'Kainzie of Kintaill and Rodoric M'Kainzie of Auchterfailie" (Redcastle), "his brother, for being art and part in the cruel murder of Rodoric M'Allester in Stroll; Gorie M'Allester, his brother, in Stromcraig; Ronnald M'Gorie, the son of the latter; John Roy M'Allane v'

Allester, in Pitnean; John Dow M'Allane v' Allester, in Kirktoun of Lochcarroun; Alexander M'Allanroy, servitor of the deceased Rodoric; Sir John Monro in Lochbrume; John Monro, his son; John Monro Hucheoun, and the rest of their accomplices, under silence of night, upon the lands of Ardmanichtyke, Dalmartene, Kirktoun of Lochcarroun, Blahat, and other parts within the baronies of Lochcarroun, Lochbrume, Ros, and Kessane, in the Sheriffdom of Innerness," and for all their other past crimes, ["Origines Parochiales Scotia" and Retours.]

During Colin's reign Huntly obtained a commission of fire and sword against Mackintosh of Mackintosh, and reduced him to such a condition that he had to remove with all his family and friends for better security to the Island of Moy. Huntly, having determined to crush him, came to Inverness and prepared a fleet of boats with which to besiege the island. These preparations having been completed, and the boats ready to be drawn across the hills from Inverness to Moy, Mackenzie, who had been advised of Huntly's intentions, despatched a messenger - John Mackenzie of Kinnock - to Inverness, to ask his Lords.h.i.+p to be as favourable as possible to his sister, Mackintosh of Mackintosh's wife, and to treat her as a gentlewoman ought to be treated when he came to Moy, and that he (Colin) would consider it as an act of personal courtesy to himself. The messenger delivered his message, to which Huntly replied, that if it were his good fortune, as he doubted not it would be, to apprehend her husband and her, "she would be the worst used lady in the North; that she was an ill instrument against his cause, and therefore he would cut her tail above her houghs."

"Well, then," answered Kinnock, "he (Kintail) bade me tell your Lords.h.i.+p if that were your answer, that perhaps he or his would be there to have a better care of her." "I do not value his being there more than herself" Huntly replied, "and tell him so much from me." The messenger departed, when some of Huntly's princ.i.p.al officers who heard the conversation remonstrated with his Lords.h.i.+p for sending the Mackenzie chief so uncivil an answer, as he might have cause to regret it if that gentleman took it amiss. Kinnock on his arrival at Brahan, told his master what had occurred, and delivered Huntly's rude message. Colin, who was at the time in delicate health, sent for his brother, Rory Mor of Redcastle, and sent him next day across the ferry of Ardersier with a force of four hundred warriors. These he marched straight through the hills; and just as Huntly, on his way from Inverness, was coming in sight, on the west of Moy, Rory and his followers were marching along the face of the hill on the east side of the Island, when his Lords.h.i.+p, perceiving such a large force, asked his officers who they could be. One of them, present during the interview with Mackenzie's messenger on the previous day, answered, "Yonder is the effect of your answer to Mackenzie." "I wonder," replied Huntly, "how he could have so many men ready almost in an instant." The officer replied, "Their leader is so active and fortunate that his men will flock to him from all parts on a moment's notice when he has any ado. And before you gain Mackintosh or his lady you will lose more than he is worth, since now, as it seems, her friends take part in the quarrel;" whereupon the Earl retired with his forces to Inverness, "so that it seemed fitter to Huntly to agree their differs friendly than prosecute the laws further against Mackintosh."

There is a complaint to the Privy Council by Christian Scrymgeour, relict of the late Alexander, Bishop of Ross, dated 24th January, 1578-9, in which it is stated that Colin not only stopped and debarred her late spouse from having fuel and "elding" to his dwelling house in the Chanonry of Ross, where he made his residence last summer, but stopped him also from victuals to his house, using such unhuman and cruel dealings against him that he fell sick and never recovered "till he departed this life." During the illness of the bishop in December preceding, Colin and others "of his special sending" enclosed the house of the Chanonry and debarred the complainer and her husband of meat and drink and all other relief of company or comfort of neighbours and friends, and how soon he had intelligence of the bishop's approaching his death he laid ambushes of armed men within the town of Chanonry and in the neighbourhood and apprehended several of the bishop's and dean's servants, whom he carried "immediately to the said Colin's house of the Redcastle," and there detained them for twenty-four hours.

Further, on the 22nd of September preceding, the bishop being at the extreme point of death, Colin with an armed following in great numbers, came to the castle and house of the Chanonry and by force and violence entered therein and put the said Christian Scrymgeour, the bishop's wife, and his servants, children, and household out of the same, intromitted with their goods and gear and constrained them to leave the country by sea, not suffering them to get meat, drink, or lodging, in the town, nor letting them take away with them of their own gear as much as a plaid or blanket to protect the children from cold in the boat, "committing thair throw such cruel and barbarous oppression upon them as the like has not been heard of in any realm or country subject to justice or the authority of a Sovereign Prince." Colin did not appear to answer this complaint, and he and his chief abettors were denounced rebels, put to the horn and escheated.

On the same day, there is a complaint by Henry Lord Methven, in which it is stated that although his Lords.h.i.+p "has by gift of His Highness to him, his heirs and a.s.signees, the gift of all and whole the temporality of the Bishopric of Ross, and of the castle, house, and place of the Chanonry of Ross, now vacant in our Sovereign Lord's hands by the decease of the late Alexander, last Bishop of Ross, of all years and terms to come, aye and till the lawful provision of a lawful bishop and pastor to the said bishopric,"

and although it is "specially provided by Act of Parliament that whatsoever person or persons takes any bishop's places, castles, or strengths, or enters by their own authority to hold them without his Highness' command, letters or charges, shall incur the crimes of treason and lesemajesty," yet, "Colin Mackenzie of Kintail, in proud and high contempt of his Majesty's said loveable law and Act of Parliament, and of his Highness now having the administration of the Government of the realm in his own person, lately, upon the 22nd day of September last bypast, in the very hour of the death of the said late Alexander, Bishop of Ross, or shortly thereafter beset and enclosed the said castle, house, and place of the Chanonry of Ross, took the same by force and as yet detains and holds the same as a house of war and will not render and deliver the same to the said Lord Methven.' Mackenzie was duly charged to give up possession of the castle and place or take the consequences. Lord Methven appeared personally, but Colin did not, where-upon their Lords.h.i.+ps ordained letters to be directed to him charging him to give them up, "with the whole munition and ordnance therein" to Henry Lord Methven or to any other having power to receive them, within twenty-four hours of the charge under the pain of treason.

The following complaint by Donald Mac Angus of Glengarry laid before the Privy Council at Dalkeith on 10th of August, 1582, is that gentleman's version of his apprehension by Roderick Mor Mackenzie of Redcastle and Dugall Mackenzie of Kishorn, as described from family MSS. at pp. 156-59. Glengarry's complaint proceeds -

After the great slaughters, herschips, and skaiths, committed upon him, his kin, friends, and servants upon the last day of February the year of G.o.d 1581 years, estimate worth six score thousand pounds money of this realm or thereby, and on the first, second, third, fourth, fifth and sixth days of March last bypast thereafter by Rory Mackenzie, brother-german to Colin Mackenzie of Kintail, Dugald Mackenzie, his brother and the remainder of their colleagues and company, to the number of two hundred persons, armed with two-handed swords, bows, darlochis, hagb.u.t.ts, pistols, prohibited to be worn or used, and other offensive weapons who also upon the sixteenth day of April last bypast or thereby, came upon the said complainant he being within his own "rowmes" and country of Lochcarron having mind of no evil or injury to have been done to him nor none of his, but thinking to have lived under G.o.d's peace and our Sovereign Lord, and then not only took himself captive, kept and detained him prisoner in coves, craigs, woods, and other desert places at their pleasure wherethrough none of his kin nor friends had access to him for the s.p.a.ce of fourteen days or thereby, but also in the meantime took and apprehended the late Rory MacAlister, father's brother to the said complainant, and three of their sons and other of his friends and servants to the number of 33 persons or thereby, bound their hands with their own s.h.i.+rts, and cruelly and unmercifully, under promise of safety of their lives, caused murder and slay them with dirks, appointing that they should not be buried as Christian men, but cast forth and eaten by dogs and swine." Further, "at the end of the said complainant's captivity and detention in the manner aforesaid, being delivered by the foresaid person, his takers and detainers, to Colin Mackenzie of Kintail, both he and they, being armed in warlike manner as said is, upon the 24th day of the said month of April, came to the said complainant's town and lands of Strome, where they also carried him captive with them and theirs, by hostility and way of deed, spoiled and reft the whole goods, gear, and plenis.h.i.+ng therein and besieged his house and Castle of Strome, threatening his friends and servants therein that if they rendered not the same to them they would hang the said complainant in their sight compelling him and his said friends therefor and for safety of his life to yield to the said persons' tyrranous desires and appet.i.tes, and render to them the said castle, which they not only wrongfully detained and withheld from him, but also through occasion thereof still insists in their cruelty and inhumanity against the said complainant, his kin and friends. Like as lately, about the end of July last, the said Colin Mackenzie Rory Mackenzie, and others aforesaid, having violently taken Donald MacMoroch Roy, one of the said complainant's chief kinsmen, and were not content to put him to a simple death, but to bait them in his blood, and by a strange example to satisfy their cruel and unnatural hearts, first cut off his hands, next his feet, and last his head, and having cast the same in a "peitpott," exposed and laid out his carcase to be a prey for dogs and ravenous beasts: Tending by such kind of dealing to undo as many of the said complainant's friends and servants as they can apprehend, and to lay waste their lands, "rowmes," and possessions to the said complainant's heavy hurt and skaith, and dangerous example of wicked persons to attempt the like, if remedy be not provided." In consequence of this complaint charges had gone forth to Colin Mackenzie of Kintail, (1), to have rendered the said Castle of Strome with the munition and goods therein to the complainer or his representatives, within twenty-four hours after being charged, under pain of rebellion, or else to have appeared and shown cause to the contrary; (2) to have appeared and found sufficient surety in the Books of the Council for the safety of the complainer and his dependants in persons and goods, or else shown cause to the contrary, under the same pain. And now, "the said Angus Mac Angus compeared personally and the said Colin Mackenzie of Kintail being oftimes called and not compearing, the Lords (1) repeat their charge for delivery of the castle within twenty-four hours, and, failing obedience, order Mackenzie of Kintail to be denounced rebel and put to the horn and to escheat; (2) repeat their charge to the said Mackenzie to find sufficient caution for the safety of the complainer and his dependants in person and goods, with order that if he fail to do so within fifteen days after being charged, he shall, for that default also, be denounced rebel and put to the horn."

On the 2nd of December, 1582, Colin finds caution in the sum of two thousand merks that he shall deliver up Strome Castle, Lochcarron, to Donald Mac Angus of Glengarry, in the event of the Privy Council finding that he should do so.

Shortly after this the aspect of affairs is changed. On the 11th of January, 1582-83, the decree against Mackenzie for the surrender of Strome Castle to Donald Macdonald of Glengarry is reversed.

He pet.i.tions the Privy Council and gives an entirely different complexion to the facts of the case against him to those submitted by Glengarry to the Council. He complains of Donald Mac Angus for having "upon a certain sinister and malicious narration" obtained a decree against him charging him upon pain of rebellion to deliver up the Castle of Strome, and to appear before the Privy Council, on the 4th of August preceding, to find caution that Glengarry and his friends should be kept harmless of him in their persons and goods, and then makes the following statement:

The officer, alleged executor of the said letters (against him), neither charged thc said Colin personally nor at his dwelling house, neither yet came any such charge to his knowledge. Yet he hearing tell somewhat thereof by the "bruit" of the country, he, for obedience of the same, directed Alexander Mackenzie, his servant and procurator, to our Burgh of Perth, where his Majesty was resident for the time, who from the same fourth of August, being the peremptory day of compearance, as well there as at Ruthven, attended continually upon the calling of the said letters till the Council dissolved, and that his Majesty pa.s.sed to Dunkeld to the hunting. Like as immediately thereafter the said Alexander repaired to the Burgh of Edinburgh, where he likewise awaited a certain s.p.a.ce thereafter when Council should have been, and the said letters should have been called but perceiving no number of Council neither there nor actually with his Majesty, he looked for no calling of the said letters nor proceeding thereuntil, but that the same should have (been), deserted, because the day was peremptory, at the least till he should have been of new warned and heard in presence of his Highness and his Council to have shown a reasonable cause why no such letters should be granted simpliciter upon the said Colin to the effect above-written. Not-withstanding for by his expectation, he being resident for the time in Edinburgh, where he looked that the said matter should have been called, the said other letters were upon the tenth day of the said month of August last, by moyen of the said Donald Mac Angus, called at the Castle of Dalkeith, and there, for the said Colin's alleged non-compearance, as he is surely informed, decree was p.r.o.nounced in the said matter and letters ordained to be directed simpliciter against him." Had his said servant, then still in Edinburgh, been made aware of this meeting of Council at Dalkeith, "he would not have failed to have compeared, and had many good and sufficient reasons and defences to have staid all giving of the said letters simpliciter;" such as that "the said Colin received the said castle and fortalice of Strome by virtue of a contract pa.s.sed betwixt him and the said Donald, wherein he was content and consented that the said castle should remain in the said Colin's hands and keeping unto the time he had fulfilled certain other articles and clauses mentioned and contained in the same contract;" also "that the said Colin was charged, by virtue of letters pa.s.sed by deliverance of the Lords of Session, to render and deliver the said castle and fortalice of Strome to John Grant of Freuchie, as pertaining to him in heritage, within a certain s.p.a.ce after the charge, under the said pain of horning, so that, he being doubly charged, he is uncertain to whom to render the said castle." Moreover, for the satisfaction of the King and the Lords of Council, "the said Colin has found caution to render and deliver the said castle and fortalice to the said Donald, if it shall be found by his Highness and the said Lords that he ought to do the same." For these reasons it is argued that the said decree and letters issued against him ought to be suspended.

Charge having been made to the said Donald Mac Angus to appear to this complaint and demand, "both the said parties compeared personally," and the Lords after hearing them, "suspended the foresaid letters purchased by the said Donald Mac Angus, effect thereof, and process of horning contained therein, and all that has followed thereupon, upon the said Colin simpliciter in time coming," the ground for this decision being that "the said Colin has found security acted in the books of Secret Council that the said castle and fortalice of Strome, committed to him in keeping by the King's Majesty and Lords of Secret Council, shall be rendered and delivered again to such person or persons as shall be appointed by the King's Majesty to receive the same, as the keepers thereof shall be required thereto upon six days' warning, under the pain of ten thousand merks" and meanwhile, under the same pains, that none of the King's subjects shall be "invaded, troubled, molested, nor persecuted," by those who keep the castle for him, or by others resorting thither. There is, however, this proviso -

That, in case the said Colin shall at any time hereafter sue of the King's Majesty to be disburdened of the keeping of the said castle, and that some person may be appointed to receive the same out of his hands and keeping within the s.p.a.ce of twenty days next after his said Suit, which notwithstanding shall happen to be refused and not done by his Highness within the said s.p.a.ce, that in that case he nor his cautioner be anywise answerable thereafter for the said house and keeping thereof, but to be free of the same, and these presents to annul and to have no further force, effect, nor execution, against them at any time thereafter except that the same house shall happen to be kept by the said Colin or his servants in his name thereafter, for the which in that respect the said Colin shall always be answerable in manner aforesaid and no otherwise.

A bond of caution by Mackenzie, and Lord Lindsay of the Byres as security for him, for ten thousand merks, subscribed on the 20th of January, 1582-83, and registered in the Chanonry of Ross, binds Colin to surrender the Castle of Strome to any person appointed by the King for the purpose, on six days' warning and to fulfil the other duties imposed upon him by the Act of the Privy Council dated the 11th of the same month, already given, but with the proviso in his favour contained in that Act, which is repeated at length in the bond of caution of this date.

In terms of this bond the King and Council at a meeting held at Holyrood on the 8th of March following "for certain causes and considerations moving them," order letters to issue charging Mackenzie and other keepers of the Castle of Strome to deliver the same to Colin, Earl of Argyll, Chancellor, or to his servants in his name within six days after charge under the pains of rebellion, which being done the King "discharges thereafter the sureties found by the said Colin Mackenzie of before, either acted in the books of Secret Council, or by contract, bond, or promise between him and Donald Mac Angus Mac Alastair of Glengarry," the Acts referring to the same to be deleted from the books of the Privy Council.

Colin's name appears again on the 1st of August as surety for a bond of three thousand merks by David Dunbar of Kilstarry and Patrick Dunbar of Blairy.

On the 5th of May, 1585, he is denounced a rebel on a complaint by Hugh Fraser of Guisachan under the following circ.u.mstances. Fraser says that a certain "John Dow Mac Allan was lawfully denounced his Highness' rebel and put to the horn at the said Hucheon's instance for not removing from the half davoch of land of Kilboky pertaining to him, conform to a decree obtained by the said Hucheon against the said John Dow Mac Allan." Upon this decree Hugh Fraser "raised letters of caption by deliverance of the Lords of Session to charge the Sheriff of Inverness and other judges in the country where the said John resorts, to take, apprehend him, and keep him conform to the order observed in such cases." In all this process to obtain the decree, with "letters in the four forms, executions and denunciations thereof," and then raising of the said letters of caption thereupon, the complainer has been put to great travel and expenses, having his habitation by the s.p.a.ce of eight score miles or thereby distant from the Burgh of Edinburgh." Nevertheless, Colin Mackenzie, "to whom the said John Dow Mac Allan is tenant, servant, and special depender," maintains and a.s.sists him in his violent occupation or the complainer's lands, "keeps him in his company, receives him in his house, and otherwise debates him that he cannot be apprehended," so that all the proceedings of the complainer Fraser are frustrated. Colin was thereupon charged to present Mac Allan before the Privy Council, under pain of rebellion, and failing to appear, or present John Dow, and the complainer having appeared personally, an order was p.r.o.nounced denouncing Mackenzie a rebel.

On the 11th of December next, John Gordon of Pitlurg becomes cautioner in one thousand merks that Colin will not injure Andrew, Lord Dingwall, his tenants, or servants. On the 11th of April, 1586, William c.u.mming of Inverallochy and others become surety in L1000 that Mackenzie shall "remove his coble, fishers, and nets, from the fis.h.i.+ng of the water of Canon, and desist and cease therefrom in time coming, conform to the letters raised at the instance of Andrew, Lord Dingwall, to the same effect, in case it shall be found and declared that the said Colin ought to do the same." On the 4th of May following, Mackenzie binds himself to keep his sureties scaithless in the matter of this caution. On the 16th of the same month, the King and Council "for certain necessary and weighty considerations moving his Highness, tending to the furthering and establis.h.i.+ng of his Highness' obedience and the greatness and safety of his peaceable and good subjects from burnings, riefs, and oppression," ordain Colin to enter in ward in Blackness Castle within twenty-four hours after being charged under pain of treason. Two days later, being then in ward in this stronghold, he finds caution in ten thousand merks that on being relieved from ward he will repair to Edinburgh and keep ward there until set free. This is deleted by a warrant subscribed by the King and the Secretary at Falkland on the 6th of the following August. His name appears as one of a long list of Highland chiefs complained against to the Privy Council on the 30th of November, 1586, by the united burghs of the realm for obstructing the fisheries in the northern parts and making extortionate exactions from the fishermen, and again on the 16th of September, 1587, when an order is made to denounce him for his failure to appear before the Council to enter John Mackenzie of Gairloch and his accomplices, for whom Colin is held liable "as master and landlord," to answer a complaint made against them by James Sinclair, Master of Caithness, on the 10th of August preceding. On the 5th of March, 1587-88, John Davidson, burgess of Edinburgh, becomes cautioner in 500 merks that Colin will, if required, enter such of his men before the Privy Council as "a.s.segeit" James, Master of Caithness, within the house of William Robson, in the Chanonry of Ross. On the 27th of July, 1588, he is appointed by a Convention of the Estates member of a Commission, charged with powers for executing the laws against Jesuits, Papists, and other delinquents, and with other extensive powers. On the 24th of May, 1589, he is named as the Commissioner for the s.h.i.+re of Inverness who is to convene the freeholders of the county for choosing the Commissioners to a Parliament to be held at Edinburgh on the 2nd of October in that year, and to report his diligence in this matter to the Council before the 15th of August, under pains of rebellion. On the 4th of June following, he appears in a curious position in connection with a prosecution for witchcraft against several women, and an abridgement of the doc.u.ment, as recorded in the Records of the Privy Council, is of sufficient interest to justify a place here.

It is the complaint of Katherine Ross, relict of Robert Munro of Fowlis; Margaret Sutherland, spouse of Hector Munro, portioner of Kiltearn; Bessie Innes, spouse of Neil Munro, in Swordale; Margaret Ross, spouse of John Neil Mac Donald Roy, in Caull; and Margaret Mowat, as follows:

Mr Hector Munro, now of Fowlis, son-in-law of the said Katherine Ross, "seeking all ways and means to possess himself in certain her tierce and conjunct fee lands of the Barony of Fowlis, and to dispossess her therefrom" had first "persued certain of her tenants and servants by way of deed for their bodily harm and slaughter," and then, "finding that he could not prevail that way, neither by sundry other indirect means sought by him," had at last, "upon sinister and wrong information and importunate suit, purchased a commission of the same to his Majesty, and to Colin Mackenzie of Kintail, Rory Mackenzie, his brother, John Mackenzie of Gairloch, Alexander Bain of Tulloch, Angus Mackintosh of Termitt, James Glas of Gask, William Cuthbert, in Inverness, and some others specially mentioned therein, for apprehending of the said Margaret Sutherland, Bessy Innes, Margaret Ross, and Margaret Mowat, and sundry others, and putting them to the knowledge of an a.s.size for witchcraft, and other forged and feinted crimes alleged to be committed by them." Further, "the said persons, by virtue of the same commission, intended to proceed against them most partially and wilfully, and thereby to drive the said complainers to that strait that either they shall satisfy his unreasonable desire, or then to lose their lives, with the sober portion of goods made by them for the sustenance of themselves and their poor bairns: howbeit it be of verity that they are honest women of repute and holding these many years bygone, spotted at no time with any such unG.o.dly practices, neither any ways having committed any offence, but by all their actions behaved themselves so discreetly and honestly as none justly could or can have occasion of complaint - they being ever ready, like they are yet, to underlie the law for all crimes that can be laid to their charge," and having to that effect, "presently found caution for their compearance before the justice and his deputes, or any judge unsuspected, upon fifteen days' warning."

Their prayer, accordingly, is that the said commission be discharged.

Hector Munro appearing for himself and his colleagues, and the complainers by Alexander Morrison, their procurator, the Lords ordain Mr Hector and the other commissioners to desist a from proceeding against the women, and "remit their trial to be taken before the Justice-General or his deputes a in the next justice court appointed to be held after his Majesty's repairing to the north parts of this realm in the month of July next, at which time, if his Majesty shall not repair thither, or being repaired shall not before his returning cause the same trial to be taken, "in that case commission shall be given to Thomas Fraser of Knocky, tutor of Lovat, John Urquhart of Cadboll, tutor of Cromarty, and Alexander Bayne of Tulloch, or any two of them to administer justice conform to the laws of the realm."

On the 6th of March, 1589-90, Colin is again mentioned as one of the Commissioners for Inverness and Cromarty for executing the Acts against the Jesuits and the seminary of priests, with reconst.i.tution of the Commission of the preceding year for putting the Acts in force and the appointment of a new Commission of select clergy in the s.h.i.+res to cooperate in the work and promote submission to the Confession of Faith and Covenant over the whole Kingdom. On the 8th of June, 1590, officers of arms are ordered to arrest in the hands of David Clapen in Leith, or any other person, any money consigned in their hands, or due by them to Sir William Keith for Colin Mackenzie of Kintail, "or remanent gentlemen and tenants of the Earldom of Ross for their feus thereof" or that rests yet in the hands of Colin or such tenants, unpaid or not consigned by them, and to discharge them from paying the same to Sir William or any other in his name until the King shall further declare his will, under the penalty of paying his Majesty the same sums over again. On the 5th of July in the same year, Colin gives caution of L2000 that William Ross of Priesthill, when released out of the tolbooth of Edinburgh, shall keep ward in that city till he find surety for the entrance of himself and his b.a.s.t.a.r.d son, John Ross and others, to appear before the justice to answer for certain crimes specified in letters raised against him by David Munro of Nigg when required upon fifteen days' warning, and satisfy the Treasurer-depute for his escheat fallen to the King through having been put to the horn at the instance of the said David Munro. He repeats the same caution for the same person on the 15th of August following. He is again on record in March, 1591-92, and in June, 1592. He is, along with Simon Lord Lovat, John Grant of Grant, Lachlan Mackintosh of Mackintosh, Ross of Balnagown, Hector Munro of Fowlis, and others, chosen an a.s.sistant Commissioner of justiciary for the counties of Elgin, Nairn, and Inverness, in March 1592-93. He was appointed a member of the Privy Council in June, 1592, but he appears not to have accepted the office on that occasion, for on the 16th of February following there is an entry of the admission of Sir William Keith of Delny "in the place appointed by his Majesty, with the advise of his Estates in his last Parliament, for Colin Mackenzie of Kintail, by reason he, being required, has not compeared nor accepted the said place."

He, however, accepted the position soon after, for it is recorded under date of 5th July, 1593, that "Colin Mackenzie of Kintail being admitted of the Privy Council gave his oath," in common form.

The great troubles in the Lewis, which ultimately ended in that extensive princ.i.p.ality coming into the possession of the House of Kintail, commenced about this time, and although the most important events connected with and leading up to that great result will princ.i.p.ally fall to be treated of later on, the quarrel having originated in Colin Cam's time, it may be more convenient to explain its origin under the present.

Roderick Macleod, X. of the Lewis, married, first, Janet, a natural daughter of John Mackenzie of Killin, by whom he had a son, Torquil Cononach, so called from his having been brought up with his mother's relations in Strathconon. Roderick, by all accounts, was not so immaculate in his domestic relations as one might wish, for we find him having no fewer than five b.a.s.t.a.r.d sons, named respectively, Tormod Uigeach, Murdoch, Neil, Donald, and Rory Og, all of whom arrived at maturity. In these circ.u.mstances it can hardly be supposed that his lady's domestic happiness was of the most felicitous and unmixed description.

It was alleged by this paragon of virtue that she had proved unfaithful to him, and that she had criminal intimacy with the Brieve (Breitheamh), or consistorial judge of the Island. On the other hand, it was maintained that the Brieve in his capacity of judge, had been somewhat severe on the Island chief for his reckless and immoral habits, and for his bad treatment of his lady and that the unprincipled villain, as throughout his whole career he proved himself to be, boldly, and in revenge, turned upon and accused the judge of committing adultery with his wife. Be that as it may, the unfortunate woman, attempting to escape from his cruel treatment, while pa.s.sing in a large birlinn, from the Lewis to Coigeach, on the opposite side of the coast, was pursued and run down by some of her husband's followers, when she, with all on board, perished. Roderick thereupon disinherited her son, Torquil Cononach, grandson of John of Killin, maintaining that Torquil was not his legitimate son and heir, but the fruit of his wife's unfaithfulness. [Most of the MS. Histories of the family which we have perused state that Rory Macleod's wife was a daughter of Kenneth a Bhlair, but it is impossible that the daughter of a chief who died in 1491 could have been the wife of one who lived in the early years of the seventeenth Century. She must have been Kenneth's granddaughter, as above described, a daughter of John of Kuhn.

This view is corroborated by a decree arbitral in 1554, in which Torquil Cononach is called the oy (ogha, or grandson) of John Mackenzie: Acts and Decreets of Session, X., folio 201. The Roderick Macleod who married, probably as his second wife, Agnes, daughter of Kenneth a Bhlair, was Roderick Macleod, seventh of Lewis, who died some time after his father early in the sixteenth century.] Roderick Macleod married secondly, in 1541, Barbara Stewart, daughter of Andrew, Lord Avandale, with issue - Torquil Oighre or the Heir, who died unmarried before his father, having been drowned along with a large number of others while on a voyage in his birlinn, between Lewis and Skye. Macleod married thirdly a daughter or Hector Og, XIII., and sister of Sir Lachlan Maclean, XIV., of Duart, by whom he had two sons - Torquil Dubh, whom he named as his heir and successor, and Tormod, known as Tormod Og.

Torquil Cononach, now designated "of Coigeach," married Margaret, daughter of Angus Macdonald, VII. of Glengarry, and widow of Cuthbert of Castlehill, Inverness, who bore him two sons - John and Neil - and five daughters and, raising as many men as would accompany him, he, with the a.s.sistance of two of his natural brothers-Tormod and Murdoch-started for the Lewis to vindicate his rights as legitimate heir to the island. He defeated his father, and confined him in the Castle of Stornoway for four years, when he was finally obliged to acknowledge Torquil Cononach as his lawful son and successor. The b.a.s.t.a.r.ds now quarrelled among themselves.

Donald killed Tormod Uigeach. Murdoch, in resentment, seized Donald and carried him to Coigeach; but he afterwards escaped and complained to old Rory, who was highly offended at Murdoch for seizing and with Torquil Cononach for detaining Donald. Roderick ordered Murdoch to be apprehended and confined to his own old quarters in the Castle of Stornoway. Torquil Cononach again returned to the Lewis, reduced the castle, liberated Murdoch, again confined his father, and killed many of his followers, at the same time carrying off all the writs and charters, and depositing them for safety with his uncle, Mackenzie of Kintail. He had meanwhile left his son John (who had been in the service of Huntly, and whom he now called home) in charge of the castle, and in possession of the Lewis. He imprudently banished his natural uncles, Donald and Rory Og, out of the island. Rory Og soon after returned with a considerable number of followers; attacked his nephew, Torquil Cononach's son John, in Stornoway, killed him, and released his own father, old Roderick, who was allowed after this to possess the island in peace during the remainder of his life. "Thus was the Siol Torquil weakened, by private dissensions, and exposed to fall a prey, as it did soon afterwards, to the growing power of the Mackenzies."

In 1594 Alexander Bayne, younger of Tulloch, granted a charter of the lands of Rhindoun in favour of Colin Mackenzie of Kintail and his heirs male, proceeding on a contract of sale between them, dated 10th of March, 1574. On the 10th of July in the same year there is "a contract of alienation" of these lands by the same Colin Mackenzie of Kintail in favour of Roderick Mackenzie of Ardafillie (Redcastle), his brother-german, and his heirs male. A charter implementing this contract is dated the 20th of October following, by which the lands are to be holden blench and for relieving Kintail of the feu-duty and services payable to his superiors."

These lands are, in 1625, resigned by Murdoch Mackenzie of Redcastle into the hands of Colin, second Earl of Seaforth, the immediate lawful superior thereof, for new infeftments to be granted to Roderick Mackenzie, his second lawful son. [Writs and Evidents of Lands of Rhindoun. "Antiquarian Notes," pp. 172-73.]

Colin, in addition to his acquisitions in Lochalsh and. Lochcarron, "feued the Lords.h.i.+p of Ardmeanach, and the Barony of Delnys, Brae Ross, with the exception of Western Achnacherich, Wester Drynie, and Tarradale, which Bayne of Tulloch had feued before, but found it his interest to hold of him as immediate superior, which, with the former possessions of the lands of Chanonry, greatly enhanced his influence. Albeit his predecessors were active both in war and peace, and precedent in acquiring their estate; yet this man acquired more than all that went before him, and made such a solid progress in it, that what he had acquired was with the goodwill of his sovereign, and clear unquestionable purchase." He protected his nephew, Torquil Macleod of the Lewis, when he was oppressed by his unnatural relations and natural brothers, and from his he acquired a right to the lands of a.s.synt. [Earl of Cromartie and other MS. Histories of the Family.]

Colin, in April, 1572, married Barbara, daughter of John Grant of Grant, ancestor of the Earls of Seafield, by Lady Marjory Stewart, daughter of John, third Earl of Athol (Tocher 2000 merks and the half lands of Lochbroom, then the property of her father ["Chiefs of Grant"]), with issue -

I. Kenneth, who succeeded his father, and was afterwards elevated to the Peerage by the t.i.tle of Lord Mackenzie of Kintail.

II. Roderick, the renowned Sir Roderick Mor Mackenzie of Coigeach, "Tutor of Kintail" and progenitor of the Earls of Cromarty, of the families of Scatwell, Tarvie, Ballone, and other minor Mackenzie septs, of whom in their proper place.

III. Alexander, first of Kilcoy, now represented by Colonel Burton Mackenzie.

IV. Colin of Kinnock and Pitlundie.

V. Murdoch of Kernsary, whose only lawful son, John, was killed at the Battle of Auldearn, in 1645, without issue.

VI. Catherine, who married Simon, eighth Lord Lovat, with issue - Hugh, his heir and successor, and Elizabeth, who married Dunbar of Westfield, Sheriff of Moray.

VII. Janet, who married Hector Maclean, "Eachainn Og," XV. of Duart, with issue - Hector Mor, who succeeded his father Lachlan, and Florence, who married John Garbh Maclean, VII. of Coll.

VIII. Mary, who, as his second wife, married Sir Donald Gorm Mor Macdonald, VII., of Sleat, without issue.

He had also a natural son,

IX. Alexander, by Margaret, daughter of Roderick Mackenzie, second of Davochmaluag, who became the founder of the families of Applecross and Coul, of whom in their order.

Colin "lived beloved by princes and people, and died, regretted by all, on the 14th of June, 1594, at Redcastle and was buried at Bewlie." He was succeeded by his eldest son,

XII. KENNETH MACKENZIE,

FIRST LORD MACKENZIE OF KINTAIL, who began his rule amidst those domestic quarrels and dissensions in the Lewis, to which we have already introduced the reader, and which may, not inappropriately, be designated the Strife of the b.a.s.t.a.r.ds. He is on record as "of Kintail" on the 31st of July, 1594, within seven weeks of his father's death, and again on the 1st of October in the same year.

On the 9th of November he made oath in presence of the King and the Privy Council that he should "faithfully, loyally, and truly concur, fortify, and a.s.sist his Majesty's Lieutenant of the North with his advice and force at all times and occasions as he may be required by proclamations, missive letters, or otherwise." The country generally was in such a lawless condition in this year that an Act of Parliament was pa.s.sed by which it was ordained "that in order that there may be a perfect distinction, by names and surnames, betwixt those that are and desire to be esteemed honest and true men, and those that are and not ashamed to be esteemed thieves, sorners, and resetters of them in their wicked and odious crimes and deeds; that therefore a roll and catalogue be made of all persons, and the surnames therein mentioned, suspected of slaughter, etc." It was also enacted "that such evil disposed persons as take upon themselves to sell the goods of thieves, and disobedient persons and clans that dare not come to public markets in the Lowlands themselves, whereby the execution of the Arts made against somers, clans, and thieves, is greatly impeded," should be punished in the manner therein contained. Another Act provided "that the inbringer of every robber and thief, after he is outlawed, and denounced fugitive, shall have two hundred pounds Scots for every robber and thief so inbrought." ["Antiquarian Notes."]

On the 5th of February, 1595-96, it is complained against him by Alexander Bayne of Tulloch that although upon the 7th of March, 1594, John MacGillechallum, Raasay, had been put to the horn for non-appearance to a complaint by the said Alexander and his son Alexander, Fiar of Tulloch, against the Rev. John Mackenzie, minister of Urray, touching certain oppressions and depredations committed on him and his tenants, he remained not only unrelaxed from the horn, but continues in "his wicked and accustomed trade of rief theft, sorning, and oppression," seeking "all indirect and shameful means to wreck and destroy him and his bairns." A short time before this, MacGillechallum sent to the complainer desiring him to give over to him his (Bayne's) old heritage called Torridon, "with a.s.surance if he do not the same to burn his whole corn and goods." In these insolencies "he is encouraged and set forward by the consort, reset, and supply which he receives of Kenneth Mackenzie of Kintail and his friends, he being near kinsman to the said Kenneth, viz.: his father's sister's son; who, in that respect, shows him all good offices of friends.h.i.+p and courtesy, indirectly a.s.sisting him with his men and moyen in all his enterprises against the said complainer and his bairns, without whose oversight and allowance and protection it were not able to him to have a reset in any part of the country." The complainer, Alexander Bayne, describes himself as "a decrepit aged man past eighty years of age and being blind these years he must submit himself to his Majesty for remedy." Kintail appeared personally, and Tulloch by his two sons, Alexander and Ra.n.a.ld, whereupon the King and Council remitted the complaint to be decided before the ordinary judges.

The following account from family MSS. and Sir Robert Gordon's "Earldom of Sutherland," refers no doubt to the same incidents - John MacCallum, a brother of the Laird of Raasay, annoyed the people of Torridon, which place at that time belonged to the Baynes of Tulloch. He alleged that Tulloch, in whose house he was fostered, had promised him these lands as a gift of fosterage; but Tulloch, whether he had made a previous promise to MacGillechallum or not, left the lands of Torridon to his own second son, Alexander Mor MacDhonnchaidh Mhic Alastair, alias Bayne. He afterwards obtained a decree against MacGillechallum for interfering with his lands and molesting the people, and, on a Candlemas market, with a large following of armed men, made up of most of the Baynes, and a considerable number of Munros, he came to the market stance, at that time held at Logie. John MacGillechallum, ignorant of Tulloch "getting the laws against him" and in no fear of his life or liberty, came to the market as usual, and, while standing buying some article at a chapman's stall, Alastair Mor and his followers came up behind him unperceived, and, without any warning, struck him on the head with a two-edged sword - instantly killing him. A gentleman of the Clann Mhurchaidh Riabhaich Mackenzies, Ian Mac Mhurchaidh Mhic Uilleam, a very active and powerful man, was at the time standing beside him, and he asked who dared to have spilt Mackenzie blood in that dastardly manner. He had no sooner said the words than he was run through the body by one of the swords of the enemy; and thus, without an opportunity of drawing their weapons, fell two of the best swordsmen in the North of Scotland.

The alarm and the news of their death immediately spread through the market. "Tulloch Ard," the war cry of the Mackenzies, was instantly raised; whereupon the Baynes and the Munros took to their heels - the Munros eastward to the Ferry of Fowlis, and the Baynes northward to the hills, both followed by a band of the infuriated Mackenzies, who slaughtered every one they overtook. Iain Dubh Mac Choinnich Mhic Mhurchaidh, of the clan Mhurchaidh Riabhaich, and Iain Gallda Mac Fhionnla Dhuibh, two gentlemen of the Mackenzies, the latter of whom was a Kintail man, were on their way from Chanonry to the market, when they met in with a batch of the Munros flying in confusion and, learning the cause to be the murder of their friends at Logie market, they instantly pursued the fugitives, killing no less than thirteen of them between Logie and the wood of Millechaich. All the towns.h.i.+ps in the neighbourhood of the market joined the Mackenzies in the pursuit, and Alastair Mor Bayne of Tulloch only saved himself, after all his men were killed, by taking shelter and hiding for a time in a kiln-logie. Two of his followers, who managed to escape from the market people, met with some Lewismen on their way to the fair, who, noticing the Baynes flying half naked, immediately stopped them, and insisted upon their giving a proper account of themselves. This proving unsatisfactory they came to high words, and from words to blows, when the Lewismen attacked and killed them at Ach-an-eilich, near Contin.

The Baynes and the Munros had good cause to regret the cowardly conduct of their leaders on this occasion at Logie market, for they lost no less than fifty able-bodied men in return for the two gentlemen of the Clan Mackenzie whom they had so basely murdered at the fair. One lady of the Clan Munro lost her three brothers, on whom she composed a lament, of which the following is all we could obtain:--

'S olc a' fhuair mi tus an Earraich, 'S na feill Bride 'chaidh thairis, Chaill mi mo thriuir bhraithrean geala, Taobh ri taobh u' sileadh fala.