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.