granted warrant to Duncan Mackintosh of Mackintosh, John Grant
of Freuchie, and other leaders, with three thousand men, to pass
against the Clan Mackenzie, "the King's rebels," for the slaughter
of Harold of Chisholm, dwelling in Strathglass, "and for divers
other heirschips, slaughters, spuilzies, committed on the King's
poor lieges and tenants in the Lordship of Ardmeanoch," [Kilravock
Papers, p. 170.] but Hector Roy and his followers gave a good
account of them, and soon defeated and dispersed them. He seems
to have held undisturbed possession until the year 1507, when
John and his brother Roderick were on a visit in the Aird, at the
house of their uncle, Lord Lovat, when a fire broke out at the
castle. According to the Earl of Cromartie, when the house took
fire, no one was found bold enough to approach the burning pile
but John, who rushed boldly through the flames and carried away
the Lovat charter chest "a weight even then thought too much for
the strongest man, and that cheist, yett extant, is a load sufficient
for two. His uncle, bothe obleiged by the actione, and glad to
sie such strength and boldnes in the young man, desyred (him) to
do as much for himself as he haid done for him, and to discover
his (own) charter cheist from his uncle, and that he should have
all the concurrance which he (Lovat) could give to that effect."
Anderson's "History of the Family of Fraser" ascribes this bold
act to Roderick, for which he was "considered amply recompensed
by the gift of a bonnet and a pair of shoes." It matters little
which is the correct version, but it is not unlikely that Lovat's
valuable charter chest was saved by one or other of them, and it
is by no means improbable that his Lordship's suggestion that
they should procure their own charter chest and his offer to aid
them in doing so was made and determined to be acted upon on this
occasion.
John, who had proved himself most prudent, even in his youth, was
satisfied that his uncle Hector, a man of undoubted valour and
wisdom, in possession of the estates, and highly popular with the
clan, could not be expelled without great difficulty and extreme
danger to himself. Any such attempt would produce feuds and
slaughter among his people, with the certain result of making
himself personally unpopular with the clan, and his uncle more
popular than ever. He therefore decided upon a more prudent course
resolving to strike only at Hector's person, judging that, if his
uncle failed, his claims and the personal respect of his followers
would fall with him. To carry out his resolution, he contrived
a scheme which proved completely successful. Having secured an
interview with Hector, who then resided at Wester Fairburn, he
pleaded that since he had taken his estates from him, and left
him in such reduced circumstances, it was not in accordance with
his feelings and his ambition for fame to remain any longer in his
native country, where he had neither position nor opportunities
of distinguishing himself. He therefore begged that his uncle
should give him a galley or birlinn, and as many of the ablest and
most determined youths in the country as should voluntarily follow
him in his adventures for fame and fortune in a foreign land.
With these he should pass to Ireland, then engaged in war, and
"there purchase a glorious death or a more plentiful fortune than
he was likely to get at home." The idea pleased Hector exceedingly,
and he not only gave him his own galley, then lying at Torridon,
but furnished him with all the necessary provisions for the
voyage, at the same time assuring him that, if he prosecuted his
intentions, he should annually transmit him a sufficient portion
to keep up his position, until his own personal prowess and fortune
should place him above any such necessity whereas, if he otherwise
resolved or attempted to molest him in what he called his rights,
he would bring sudden and certain ruin upon himself.
Thirty brave and resolute young men joined the supposed adventurer,
after having informed them that he would have none except those
who would do so of their own free will, from their affection for
him, and determination to support him in any emergency; for he well
judged that only such were suitable companions in the desperate
aims which he had laid out for himself to accomplish. These he
dispatched to the galley then at Torridon, one of the most secluded
glens on the West Coast, and distant from any populated place;
while he himself remained with his uncle, professedly to arrange
the necessary details of his journey, and the transmission
of his portion, but really to notice "his method and manner of
converse." John soon took farewell of Hector, and departed with
every appearance of simplicity. His uncle sent a retinue to convoy
him with becoming respect, but principally to assure himself of
his departure, and to guard against surprise or design on John's
part. Accompanied by these, he soon arrived at Torridon, where he
found his thirty fellow adventurers and the galley awaiting him.
They at once set sail, and with a fair wind made for the Isles,
in the direction of, and as if intending to make for, Ireland.
The retinue sent by Hector Roy returned home, and informed their
master that they saw John and his companions started before a
fair wind, with sails set, in the direction of Ireland when Hector
exclaimed, referring to Anne of Lovat, "We may now sleep without
fear of Anne's children."
John, sailing down Loch Torridon, and judging that Hector's men had
returned home, made for a sheltered and isolated creek, landed in
a wood, and dispersed his men with instructions to go by the most
private and unfrequented paths in the direction of Alit Corrienarnich,
in the braes of Torridon, where he would meet them. This done,
they followed Hector's men, being quite close up to them by the
time they reached Fairburn. John halted at some little distance
from Hector's house until about midnight, when, calling his men
together, he feelingly addressed them thus: "Now, my good friends,
I perceive that you are indeed affectionate to me, and resolute
men, who have freely forsaken your country and relations to share
in my not very promising fortune but my design in seeking only
such as would voluntarily go along with me was that I might be
certain of your affection and resolution, and since you are they
whom I ought only to rely upon in my present circumstances and
danger, I shall now tell you that I was never so faint-hearted as
to quit my inheritance without attempting what is possible for
any man in my capacity. In order to this I feigned this design
for Ireland for three reasons; first, to put my uncle in security,
whom I have found ever hitherto very circumspect and well guarded;
next, to find out a select, faithful number to whom I might trust
and thirdly, that in case I fail, and that my uncle shall prevail
over my endeavours, that I might have this boat and these provisions
as a safe retreat, both for myself and you, whom I should be loath
to expose to so great a danger without some probability in the
attempt, and some security in the disappointment. I am resolved
this night to fall on my uncle for he being gone, there is none
of his children who dare hope to repose themselves to his place.
The countrymen who now, for fear, depend on him and disown me,
will, no doubt, on the same motives, promoved with my just title,
own me against all other injurious pretenders. One thing I must
require of you, and it is that albeit those on whom we are to
fall are all related both to you and to me, yet since on their
destruction depends the preservation of our lives, and the restitution
of my estate, you must all promise not to give quarter to my uncle
or to any of his company."
To this inhuman resolution they all agreed, disregarding the natural
ties of blood and other obligations, and, marching as quietly as
possible, they arrived at Hector's house, surrounded it, and set
fire to it - guarding it all round so that not a soul could escape.
The house was soon in flames, and the inmates, Hector and his
household, were crying out for mercy. Their pitiful cries made
an impression on those outside, for many of them had relatives
within, and in spite of their previous resolution to give no
quarter, some of them called out to their nearest friends to come
out and surrender, on assurance of their lives being spared. John
seeing so many of his followers moved to this merciful conduct,
and being unable to resist them, exclaimed, "My uncle is as near
in blood to me as any in the house are to you, and therefore I
will be as kind to him as you are to them." He then called upon
Hector to surrender and come forth from the burning pile, assuring
him of his life. This he did; but Donald Dubh MacGillechriost Mhic
Gillereach, a Kenlochewe man, made for the door with his two-edged
sword drawn, whereupon Hector seeing him called out to John that he
would rather be burned where he was than face Donald Dubh. John
called the latter away, and Hector rushed out into his nephew's arms
and embraced him. That same night John and Hector, without "Dysman,"
saving God and such commons as were then present, agreed and
condescended that Hector should have the estate till John was
twenty-one years of age, and that John should live on his own
purchases till then, Hector was to set the whole estate immediately,
as tutor to John, which next day he went about. "I cannot forget
what passed betwixt him and the foresaid Donald at the set of
Kenlochewe, who was one of the first that sought land from him, which
when he sought, Hector says to him: 'I wonder, Donald, how you can
ask land this day, that was so forward to kill me the last day.'
Donald answered that 'if he had such a leader this day as he had that
night he should show him no better quarters, for Kenneth's death
(meaning Kenneth Aack) struck nearer my heart than any prejudice you
can do me in denying me land this day.' Hector said, 'Well Donald, I
doubt ye not if you had such coildghys (coldhaltas - fosterage) to me
as you had to that man but you would act the like for me. Therefore
you shall have your choice of all the land in the country.' Hector
having set the whole estate as tutor, all things seemed fair, only
that Allan and his faction in Kintail, who previously urged John
to possess himself of Ellandonnan Castle, were not satisfied with
the arrangement, as John was still kept out of the stronghold,
'which Hector would not grant, not being condescended on (and as
he alleged) lest John should fail on his part but the factions - the
commons - within that country could not be satisfied herewith,
being, as it was said, moved hereto by an accident that fell out a
year or two before.'" [Ancient MS.] This "accident" is described
further on, and refers to Hector's alleged attempt to get Allan
assassinated at Invershiel.
Donald Dubh was Kenneth Og's foster-brother, and Imagining that
Hector was accessory in an underhand way to Kenneth's captivity in
Edinburgh Castle, and consequently to his death in the Torwood, he
conceived an inveterate hatred for him, and determined to kill him
in revenge the first opportunity that presented itself. Hector,
knowing that his resolution proceeded from fidelity and affection
to his foster-brother and master, not only forgave him, but
ultimately took an opportunity of rewarding him and, as we have
seen, afterwards gave him his choice of all the lands in Kenlochewe.
John immediately sent word of what had taken place to his uncle
of Lovat, and next day marched for Kintail, where all the people
there, as well as in the other parts of his property, recognised
him as their chief. The Castle of Ellandonnan was delivered up to him,
with the charter chest and other evidences of his extensive possessions.
It has been maintained by the family of Gairloch that there is no
truth in the charge against their ancestor, Hector Roy, which we
have just given mainly on the authority of the Earl of Cromartie.
The writer of the Ardintoul MS. of the Mackenzies, [Dr George Mackenzie
gives substantially the same account,] however corroborates his
lordship, and says that John was but young when his father died;
and Hector, his younger uncle (Duncan, Hector's eldest brother,
who should be tutor being dead, and Allan, Duncan's son, not being
able to oppose or grapple with Hector), meddled with the estate.
It is reported that Hector wished Allan out of the way, whom he
thought only to stand in his way from being laird, since he was
resolved not to own my Lord Lovat's daughter's children, being all
bastards and gotten in adultery. The reason why they entertained
such thoughts of him was partly this: Hector going to Ellandonnan
(where he placed Malcolm Mac Eancharrich constable) called such
of the country people to him as he judged fit, under pretence
of setting and settling the country, but asked not for, nor yet
called his nephew Allan, who lived at Invershiel, within a few miles
of Ellandonnan, but went away. Allan, suspecting this to have
proceeded from unkindness, sends to one of his familiar friends
to know the result of the meeting, or if there was any spoken
concerning him. The man, perhaps, not being willing to be an ill
instrument twixt so near relations, sends Allan the following Irish
(Gaelic) lines:
Inversheala na struth bras,
Tar as, 's fear foul ga d' fheitheamh,
Nineag, ga caol a cas,
Tha leannan aice gun thios,
A tighinn ga'm fhaire a shios,
Tha i, gun fhios, fo mo chrios
Tha 'n sar lann ghuilbneach ghlas, -
Bhehion urchair dha le fios.
Allan put his own construction on them, and thought a friend warned
him to have a care of himself, there being some designs on him
from a near relation; and so that very night, in the beginning
thereof, he removed himself and family and anything he valued within
the house to an bill above the town, where he might see and bear
anything that might befall the house; and that same night about
cock crow he saw bis house and biggings in flames, and found
them consumed to ashes on the morrow. The perpetrators could not
be found; yet it was generally thought to be Hector his uncle's
contrivance."
The writer then describes the legitimation of Agnes Fraser's
children by the Pope, and continues - "Hector, notwithstanding of
the legitimation, refused to quit the possession of the estate,"
and he then gives the same account of John's feigned expedition
to Ireland, and the burning of Hector's house at Wester Fairburn,
substantially as already given from another source, but adding -
"That very night they both entered upon terms of agreement without
acquainting or sending for any, or to advise a reconciliation
betwixt them. The sum of their agreement was, that Hector, as a
man able to rule and govern, should have (allowing John an aliment)
the estate for five or six years, till John should be major, and
that thereafter Hector should render it to John as the right and
lawful undoubted heir, and that Hector should ever afterwards
acknowledge and honour him as his chief, and so they parted, all
being well pleased. [John and Hector did condescend that Hector
should have the estate till John were one and twentie years, and
that John should live on his own purchase till then. Letter from
MS.] But Allan and the most of the Kintail men were dissatisfied
that John did not get Ellandonnan, his principal house, in his
own possession, and so desired John to come to them and possess
the castle by fair or foul means wherein they promised to assist
him. John goes to Kintail, desires him to render the place to
him, which he refused, for which cause John ordered bring all his
cattle to those he employed to besiege the castle till Malcolm (the
governor) would be starved out of it. Yet this did not prevail with
the governor, till he got Hector's consent, who, being acquainted,
came to Lochalsh and met with his nephew, and after concerting the
matter, Hector sends word to Malcolm to render the place to John.
But Malcolm would not till he would be paid of his goods that were
destroyed. But Hector sending to him the second time, after
considerable negotiation for several days, telling him he was a fool,
that he might remember how himself was used, and that that might be a
means to take his life also. Whereupon Malcolm renders the house,
but John was so much offended at him that he would not continue him
governor, but gave the charge to Gillechriost Mac Fhionnla Mhic Rath,
making him Constable of the Isle. So after that there was little or
no debate twixt John and Hector during the rest of the six years he
was Tutor.' [Ardintoul and Ancient MSS. of the Mackenzies.]
The MS. Histories of the family are borne out by Gregory, [Highlands
and Isles of Scotland, p. 111] who informs us that "Hector Roy
Mackenzie, progenitor of the House of Gairloch, had, since the
death of Kenneth Og Mackenzie of Kintail, in 1497, and during the
minority of John, the brother and heir of Kenneth, exercised the
command of that clan, nominally as guardian to the young chief.
Under his rule the Clan Mackenzie became involved in feuds with the
Munroes and other clans, and Hector Roy himself became obnoxious
to Government as a disturber of the public peace. His intentions
towards the young Laird of Kintail were considered very dubious;
and the apprehensions of the latter having been roused, Hector
was compelled by law to yield up the estate and the command of the
tribe to the proper heir." Gregory gives the "Acts of the Lords
of Council, xxii., fo. 142," as that upon which, among other
autho-rities, he founds. We give the following extract, except
that the spelling is modernised:
"7th April 1511. - Anent the summons made at the instance of John
Mackenzie of Kintail against Hector Roy Mackenzie for the wrongous
intromitting, uptaking, and withholding from him of the mails
'fermez,' profits, and duties of all and whole the lands of Kintail,
with the pertinents lying in the Sheriffdom of Inverness, for the
space of seven years together, beginning in the year of God 1501,
and also for the space of two years, last bye-past, and for the
masterful withholding from the said John Mackenzie of his house
and Castle of Ellandonnan, and to bring with him his evidence if
(he) any has of the constabulary and keeping thereof, and to hear
the same decerned of none avail, and diverse other points like
as at more length; is contained in the said summons, the said
John Mackenzie being personally present, and the said Hector Roy
being lawfully summoned to this action, oft-times called and not
compearing, the said John's rights, etc. The Lords of Council
decree and deliver, that the said Hector has forfeited the keeping
and constabulary of the said Castle of Ellandonnan, together with
the fees granted therefor, and decern all evidents, if he any has
made to him thereupon, of none avail, force, nor effect, and the
said John Mackenzie to have free ingress and entry to the said
Castle, because he required the said Hector for deliverance thereof
and to thole him to enter thereunto, howbeit the said Hector
refused and would not give him entry to the said Castle, but if
his servants would have delivered their happinnis from them to
his men or their entries, like as one actentit instrument taken
thereupon shown and produced before the said Lords purported and
bore, and therefore ordains our sovereign Lords' letters (to) be
directed to devode and rid the said Castle and to keep the said
John in possession thereof as effeirs and continues to remanent
points contained in the said summons in form, as they are now,
unto the 20th day of July next to come, with continuation of days,
and ordains that letters be written in form of commission to the
Sheriff of Inverness and his deputies to summon witnesses and take
probations thereupon and to summon the party to heir them sworn
and thereafter send their depositions closed to the Lords again,
the said day, under the said Sheriffs or his Deputy's seal, that
thereafter justice may be ministered thereuntill."
Whatever truth there may be in the accounts given by the family
historians, Hector Roy was undoubtedly at this period possessed of
considerable estates of his own; for, we find a "protocol," by John
Vass, "Burges of Dygvayll, and Shireff in this pairt," by which he
makes known that, by the command of his sovereign lord, letters
and process was directed to him as Sheriff granting him to give
Hector Mackenzie heritable state and possession "of all and syndri
the landis off Gerloch with thar pertinens, after the forme and
tenor off our souerane lordis chartyr maide to the forsaide Hector,"
lying between the waters called Inverew and Torridon. The letter
is dated "At Alydyll (?Talladale) the xth of the moneth off
December the zher off Gode ane thousande four hundreth nynte an
four zheris."
It is clear that Hector did not long continue under a cloud; for in
1508 the King directed a mandate to the Chamberlain of Ross
requesting him to enter Hector Roy Mackenzie in the "males and
proffitis of our landis of Braane and Moy, with ariage, cariage and
vther pertinence thareof ... for his gude and thankfull service
done and to be done to us ... and this on na wise ye leif vndone,
as ye will incur our indignatioun and displesour. This our letrez
... efter the forme of our said vther letres past obefor, given
vnder our signet at Edinburgh the fift day of Marche and of Regne
the twenty yere. - (Signed) James R." In 1513 he received a charter
under the great seal of the lands of Gairloch formerly granted
him, with Glasletter and Coruguellen, with their pertinents. [The
original charter; the "protocol" from John Vass; the mandate to
the Chamberlain of Ross, for copies of which we are indebted to
Sir Kenneth S. Mackenzie, Baronet, are in the Gaitloch Charter
Chest, and the latter two will be found in extenso in the account
of the Gairloch family later on.] Hector Roy's conduct towards
John has been unfavourably criticised, but if it is kept in mind
that no regular marriage ever took place between Kenneth a Bhlair
and John's mother, Agnes of Lovat that their union was not recognised
by the Church until 1491, if then, the same year in which Kenneth
died it can easily be understood why Hector should conscientiously
do what he probably held to be his duty-oppose John of Killin in
the interest of those whom he considered the legitimate successors
of Kenneth a Bhlair and his unfortunate son, Kenneth Og, to whom
only, so far as we can discover, Hector Roy was appointed Tutor;
for when his brother, Kenneth a Bhlair, died, there was every
appearance that Hector's ward, Kenneth Og, would succeed when he
came of age. The succession of John of Killin was at most only
a remote possibility when his father died, and therefore no Tutor
to him would have been appointed.
In terms of an Act passed in 1496, anent the education of young
gentlemen of note, John, when young, was sent by Hector Roy to
Edinburgh to complete his education at Court. He thus, in early
life, acquired a knowledge of legal principles and practice of great
service and value to him in after life, not only in the management
of his own affairs, but in aiding his friends and countrymen in
their peculiar difficulties by his counsel and guidance, and thus
he secured such universal esteem and confidence as seldom fell
to the lot of a Highland chief in that rude and unruly age. The
standard of education necessary at Court in those days must have
been very different from that required in ours, for we find that,
with all his opportunities, John of Killin could not write his own
name. To a bond in favour of the Earl of Huntly he subscribes,
"Jhone M'Kenzie of Kyntaill, with my hand on the pen led by Master
William Gordone, Notar."