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 petitions 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 passed to Dunkeld to
the hunting. Like as immediately thereafter the said Alexander
repaired to the Burgh of Edinburgh, where he likewise awaited a
certain space 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 pronounced
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 passed 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 passed 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 space 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 space of twenty days next
after his said Suit, which notwithstanding shall happen to be
refused and not done by his Highness within the said space, 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 circumstances. 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 space 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 assists 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 pronounced 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 Cumming of Inverallochy and others become surety in
L1000 that Mackenzie shall "remove his coble, fishers, and nets,
from the fishing 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 establishing 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 "assegeit" 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 shire 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 document, 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 assize
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 ungodly
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 reconstitution
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 shires 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 bastard 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 assistant 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 principality 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
principally 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 bastard sons, named
respectively, Tormod Uigeach, Murdoch, Neil, Donald, and Rory
Og, all of whom arrived at maturity. In these circumstances 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 passing 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 assistance 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 bastards 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."