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 Lordship 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 Assynt. [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 title 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 Bastards. 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 assist 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 passed 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 assurance 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 friendship and courtesy,

indirectly assisting 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 Ranald, 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 townships 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.

'Se 'n dithis a rinn mo sharach',

Fear beag dubh a chlaidheamh Iaidir,

'S mac Fhionnla Dhuibh a Cinntaile

Deadh mhearlach nan adh 's nan aigeach.

When night came on, Alastair Mor Bayne escaped from the kiln, and

went to his uncle Lovat, who at once despatched James Fraser of

Phopachy south, with all speed to prevent information from the other

side reaching the King before be had an opportunity of relating his

version of the quarrel. His Majesty was at the time at Falkland,

and a messenger from Mackenzie reached him before Alastair Mor,

pursuing for the slaughter of Mackenzie's kinsmen. He got the ear

of his Majesty and would have been successful had not John Dubh

Mac Choinnich Mhic Mhurchaidh meanwhile taken the law into his own

hands by burning, in revenge, all Tulloch's cornyards and barns

at Lemlair, thus giving Bayne an opportunity of presenting another

and counter claim but the matter was ultimately arranged by the

King and Council obliging Kintail and Tulloch mutually to subscribe

a contract of agreement and peaceful behaviour towards each other.

Under date of 18th February, 1395-96, there is an entry in the Privy

Council Records that Kenneth Mackenzie of Kintail "being elected

and chosen to be one of the ordinary members" of the Council, and

being personally preset, makes faith and gives oath in the usual

manner. In a complaint against him, on the 5th of August, 1596,

by Habbakuk Bisset, he is assoilzied in all time coming by a decree

of their Lordships in his favour.

Upon the death of Old Roderick of the Lewis, Torquil Dubh succeeded

him, excluding Torquil Cononach from the succession on the plea

of his being a bastard. The latter, however, held Coigeach and his

other possessions on the mainland, with a full recognition by the

Government of his rights to the lands of his forefathers in the

Lewis. His two sons having been killed, and his eldest daughter,

Margaret, having married Roderick Mackenzie of Coigeach, progenitor

of the Cromarty family, better known as the Tutor of Kintail,

Torquil Cononach threw himself into the hands of Kintail for aid

against the bastards. By Roderick Mackenzie's marriage with Torquil

Cononach's eldest daughter, he became heir of line to the ancient

family of Macleod, an honour which still remains to his descendants,

the Cromarty family. Torquil Dubh secured considerable support

by marriage with a daughter of Tormod, XI., and sister of William

Macleod, XII. of Harris and Dunvegan, and, thus strengthened,

made a descent on Coigeach and Lochbroom, desolating the whole

district, aiming at permanent occupation. Kintail, following the

example of his predecessors - always prudent, and careful to keep

within the laws of the realm - in 1596 laid the following complaint

before King James VI.:

Please your Majesty, - Torquil Dow of the Lews, not contenting

himself with the avowit misknowledging of your Hieness authority

wherebe he has violat the promises and compromit made before your

Majesty, now lately the 25th day of December last, has ta'n upon

him being accompanied w 7 or 800 men, not only of his own by ylands

neist adjacent, to prosecute with fire and sword by all kind of

gud order, the hail bounds of the Strath Coigach pertaining to

M'Leod his eldest brother, likewise my Strath of Lochbroom, quhilks

Straths, to your Majesty's great dishonour, but any fear of God

ourselves, hurt and skaith that he hath wasted w fire and sword,

in such barbarous and cruel manner, that neither man, wife,

bairn, horse, cattle, corns, nor bigging has been spared, but all

barbarously slain, burnt, and destroyit, quhilk barbarity and

cruelty, seeing he was not able to perform it but by the assistance

and furderance of his neighbouring Ylesmen, therefore beseeches

your Majesty by advice of Council to find some sure remeid wherebe

sick cruel tyrannie may be resisted in the beginning. Otherway

nothing to be expectit for but dailly increasing of his malicious

forces to our utter ruin, quha possesses your Majesty's obedience,

the consideration quharof and inconveniences quhilk may thereon

ensue. I remit to your Highness guid consideration of whom taking

my leif with maist humble commendations of service, I commit your

Majesty to the holy protection of God eternal. At the Canonry of

Ross, the 3d day, Jany. 1596-97. Your Majesty's most humble and

obt. subject. KENNETH MACKENZIE of Kintail.

The complaint came before the Privy Council, at Holyrood, on the

11th of February, following, and Torquil Dubh, failing to appear,

was denounced a rebel. Kenneth thereupon obtained a commission of

fire and sword against him, as also the forfeiture of the Lewis,

upon which Torquil Cononach made over his rights to Mackenzie, on

the plea that he was the next male heir, but reserving the lands

of Coigeach to his own son-in-law. The Mackenzies did all they

could to obtain the estste for Torquil Cononach, the legitimate

heir, but mainly through his own want of activity and indolent

disposition, they failed with their united efforts to secure

undisturbed possession for him. They succeeded, however, in

destroying the family of Macleod of the Lewis, and most of the

Siol-Torquil, and ultimately became complete masters of the island.

The Brieve by stratagem captured Torquil Dubh, with some of his

friends, and delivering them up to Torquil Cononach, they were, by

his orders, beheaded in July, 1597. "It fell out that the Breve

(that is to say, the judge) in the Lewis, who was chief of the Clan

Illevorie (Morrison), being sailing from the Isle of Lewis to Ronay

in a great galley, met with a Dutch ship loaded with wine, which he

took; and advising with his friends, who were all with him there,

what he would do with the ship lest Torqull Du should take her from

him, they resolved to return to Stornoway and call for Torqull Du

to receive the wine, and if he came to the ship, to sail away with

him where Torqull Cononach was, and then they might be sure of the

ship and the wine to be their own, and besides, he would grant them

tacks in the best parts in the Lewis; which accordingly they did,

and called for Torqull to come and receive the wine. Torqull Du

noways mistrusting them that were formerly so obedient, entered the

ship with seven others in company, where he was welcomed, and he

commended them as good fellows that brought him such a prize. They

invited him to the quay to take his pleasure of the feast of their

wine. He goes, but instead of wine they brought cords to tie him,

telling him he had better render himself and his wrongously

possessed estate to his eldest brother; that they resolved to put

him in his mercy, which he was forced to yield to. So they

presently sail for Coigeach, and delivered him to his brother, who

he had no sooner got but he made him short by the head in the month

of July, 1597. Immediately he was beheaded there arose a great

earthquake, which astonished the actors and all the inhabitants

about them as a sign of God's judgment." [Ancient MS.]

In 1598 some gentlemen in Fife, afterwards known as the "Fife

Adventurers," obtained a grant of the Lewis with the professed

object of civilising the inhabitants. It is not intended here

to detail their proceedings or to describe at much length the

squabbles and constant disorders, murders, and robberies which took

place while they held possession of the Island. The speculation

proved ruinous to the Adventurers, who in the end lost their

estates, and were obliged to leave the islanders to their fate.

A brief summary of it will suffice, and those who desire more

information on the subject will find a full account of it in the

History of the Macleods. [By the same author. A. & W. Mackenzie,

Inverness, 1889.]

On the 15th of June, 1599, Sir William Stewart of Houston, Sir James

Spence of Wormistoun, and Thomas Cunningham appeared personally

before the Privy Council "to take a day for the pursuit of Kenneth

Mackenzie of Kintail upon such crimes as criminally they had to lay

to his charge for themselves and in the name of the gentlemen-

ventuaries of their society," and the 26th of September was fixed

for the purpose.

On the 14th of September Kenneth enters into a bond for a thousand

merks that John Dunbar, Fiar of Avoch, and James Dunbar of Little

Suddie, four sons of John of Avoch, and several others, in five

hundred merks each, that they will not harm Roderick Dingwall of

Kildin, Duncan Bayne, apparent heir of Tulloch, Alexander Bayne

of Loggie, and other sons and grandsons of Bayne of Tulloch.

Sir James Stewart of Newton enters into a bond, on the 6th of

October, for six hundred merks that Kenneth will not harm James

Crambie, a burgess of Perth, signed at Dunkeld in presence of Murdo

Mackenzie, apparent heir of Redcastle, John Mackenzie, minister of

Dingwall, and Alexander Mackenzie, writer.

On the 16th of April, 1600, Tormod Macleod complains that Kenneth

had apprehended him and detained him as a prisoner without just

cause, and failing to appear the King and Council, understanding

that Tormod "is a chief and special man of that clan (Macleod),

and that therefore it is necessary that order be taken for his

dutiful obedience and good behaviour," order Kenneth to present

him before the Council on a day to be afterwards fixed.

Kenneth, on the 11th of December, brings under the notice of the

Council a case which places the unlawful practices of the times in

a strong light. He says that upon the 16th of October preceding,

while Duncan MacGillechallum in Kintail, his man, was bringing

twenty-four cows to the fair of Glammis, three men, whose names

he gives, violently robbed him of the cattle. Upon the 1st of

November, 1599, the same persons had reft Duncan MacGillechriosd

in Kintail, his tenant, at the fair of Elycht, of twenty-six cows

and four hundred merks of silver, and robbed Murdo Mac Ian Mhic

Mhurchaidh, also his tenant in Kintail, of twenty-six cows at the

same market. On the 30th of October, 1600, he sent his servants,

John and Dougall MacVanish, in Lochalsh, to the fair of Elycht

with a hundred and fifty-four cows and oxen to be sold, "for outred

and certane the said complenaris adois in thir pairtis," and his

servants being at the foot of Drummuir with his said cattle, two

of the three who robbed his men at Glammis, with Patrick Boll in

Glenshee, and Alexander Galld Macgregor, took from them the whole

of the cattle and "hes sparpellit and disponit" upon the same at

their pleasure. This violence and rief at free markets and fairs,

he says, is not only hurtful to him, but it "discourages all

peaceable and good subjects to direct or send any goods to the

market and fairs of the incountry." Kenneth Mackenzie of Kilchrist

appeared for Kintail, and the defenders, in absence, were denounced

rebels.

He is ordered on the 31st of January, 1602, as one of the leading

Highland chiefs, to hold a general muster and wapinschaw of his

followers each year within his bounds, on the 10th of March, as

the other chiefs are in their respective districts. On the same

day he is requested to provide a hundred men to aid the Queen of

England "against the rebels in Ireland;" is authorised to raise

this number compulsorily, if need be, and appoint the necessary

officers to command them. On the 28th of July following, Alexander

Dunbar of Cumnock, Sheriff-Principal of Elgin and Forres, and

David Brodie of Brodie, become cautioners to the amount of three

thousand merks that Kenneth will appear before the King and Council,

when charged with some unnamed offence, upon twenty days warning.

On the 9th of September Mackenzie complains to the Council that

about St Andrews Day, 1601, when he sent eighty cattle to the St.

Andrew market for sale, Campbell of Glenlyon, with a large number

of his men, "all thieves and broken Highland men," had set upon his

servants and spuilzied them of the whole; and that eighty cattle

he had sent to the Michaelmas market had been reft from him in the

same way by the said Campbell, for which Duncan Campbell, younger

of Glenlyon, having failed to produce his father, who "was in his

custody and keeping," was denounced a rebel.

There being some variance and controversy "between Mackenzie and

Donald Mac Angus of Glengarry, they were both ordered at the same

meeting of Council to subscribe, within three hours after being

charged, such forms of mutual assurance as should be presented to

them, to endure till the 1st of May, 1603, under pain of rebellion.

By warrant of the King, Kenneth is admitted a member of the Privy

Council and is sworn in, in common form, on the 9th of December,

1602. On the following day he gives caution for James Dunbar

of Little Suddie, and John Dunbar, Fiar of Avoch, in two hundred

merks, for their relaxation by the 1st of February next from

several hornings used against them.

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