History of the Mackenzies Part 10

'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 a.s.soilzied 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 b.a.s.t.a.r.d. 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 b.a.s.t.a.r.ds. 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 G.o.d 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 a.s.sistance 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 expect.i.t 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 G.o.d 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 G.o.d'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 c.u.mnock, Sheriff-Princ.i.p.al 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 a.s.surance 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.

At a meeting of the Privy Council, held at Edinburgh on the 30th of September, 1605, Kenneth receives a commission to act for the King against Neil MacNeill of Barra, the Captain of Clanra.n.a.ld, and several other Highland and Island chiefs, who had "of late ama.s.sed together a force and company of the barbarous and rebellious thieves and limmers of the Isles," and with them entered the Lewis, "a.s.sailed the camp of his Majesty's good subjects," and "committed barbarous and detestable murders and slaughters upon them."

Mackenzie is in consequence commissioned to convocate the lieges in arms and to pursue these offenders with fire and sword by sea or land, "take and slay them," or present them to their Lordships for justice, with power also to the said Kenneth to pa.s.s to the Lewis for thc relief of the subjects "distressed and grieved" by the said rebellious "lymmairis," or of prisoners in their hands, and to procure their liberty by "force or policy, as he may best have it." He is also ordered to charge the lieges within the shires of Inverness and Nairn, burgh and landward, to rise and a.s.sist him in the execution of his office, whenever he requires them, "by his precepts and proclamations." This was the beginning of Kenneth's second conquest of the Lewis.

Mackenzie is, on the 2nd of June, 1607, appointed by the Privy Council, along with the Bishop of Ross, a commissioner to the Presbyteries of Tam and Ardmeanach, and on the 14th of July following, he is summoned before their Lordships to report his diligence in that matter, under pain of rebellion. Kenneth does not appear, and he is denounced a rebel. On the 30th of July he takes the oath of allegiance, along with the Earl of Wyntoun and James Bishop of Orkney, in terms of a Royal letter issued on the 2nd of June preceding imposing a special oath acknowledging the Royal Supremacy in Church and state on all Scotsmen holding any civic or ecclesiastical office.

He receives another commission on the 1st of September, 1607.

Understanding that "Neil Macleod and others, the rebellious thieves and limmers of the Isles, have of late surprised and taken the Castle of Stornoway in the Lewis, and other houses and biggings, pertaining to the gentlemen portioners of the Lewis, and have demolished and cast down some of the said houses, and keep others of them as houses of war, victualled and fortified with men and armour, and in the meantime commit barbarous and detestable insolencies and cruelties upon so many of the poor inhabitants of that country as gave their obedience to his Majesty," the Lords give commission to Kenneth Mackenzie of Kintail to convocate the lieges in arms pa.s.s to the Lewis, and pursue the said Neil Macleod with fire and sword, using all kinds of "warlike engines"

for recovering the houses, and having power to keep trysts and intercommune with the inhabitants of the Isles. This commission is to continue in force for six months.

Mackenzie is one of the Highland chiefs to whom missive letters are ordered to be sent on the 23rd of June, 1608, to attend his Majesty's service under Lord Ochiltree, at Troternish, in the Isle of Skye, on the 20th of August following, on which occasion the soldiers must "furnish themselves with powder and bullets out of their own pay, and not out of the King's charges." It is ordered at a meeting of the Privy Council held on the 6th of February, 1609, that he, along with Simon Lord Lovat, Grant of Grant, the Earl of Caithness, Ross of Balnagown, John Mackenzie of Gairloch, and others, be charged to appear personally before their Lordships on the 25th of March following, to come under such order as shall be prescribed to them touching the finding of surety and caution for the quietness and obedience of their bounds, and that no fugitive and disobedient Islesmen shall be reset or supplied within the same, under pain of rebellion and horning. He appears, with some of the others, before the Council on the 28th of March, and gives the necessary bond, but the amount in his case is not named. On the 7th of April, however, it appears that he and Grant become personally bound for each other, in L4000 each, that those for whom they are answerable shall keep the King's peace and that they will not reset or favour any fugitives from the Isles. Kenneth becomes similarly bound in L3000 for John Mackenzie of Gairloch and Donald Neilsoun Macleod of a.s.synt.

He was one of the eight Lesser Barons who const.i.tuted the Lords of the Articles in the Scottish Parliament which met for the first time on the 17th of June, 1609.

The Privy Council, on the 22nd of the same month, committed to the Earl of Glencairn and Kenneth Mackenzie of Kintail the charge of conveying Hector Maclean of Duart from the Castle of Dumbarton to Edinburgh and bringing him before their Lordships, "for order to be taken with him anent the affairs of the Isles, and they became bound in L20,000 to produce him on the first Council day after the end of that year's Parliament. On the 28th of the same month they enter formally into a bond to this amount that Maclean will appear on the first Thursday of November, he, in turn, binding himself and his heirs for their relief. On the 22nd of February, 1610, the bond is renewed for Maclean's appearance on the first Council day after that date. He appears on the 28th of June following, and Mackenzie and the Earl of Glencairn are released from their cautionary obligations.

On the 30th of June, 1609, Kenneth and Sir George become cautioners for Donald Gorm Macdonald of Sleat to the amount of L10,000 that he will appear before the Lords Commissioners on the 2nd of February next, to come under their orders, and Kenneth is charged to keep Donald Gorm's brother's son, "who is now in his hands," until Macdonald presents himself before the Lords Commissioners. On the 22nd of February, 1610, this caution is repeated for Donald's appearance on the 8th of March. He appears and Mackenzie is finally relieved of the bond on the 28th of June following.

On the 5th of July, 1609, Mackenzie and Sir John Home of Coldenknowes, undertake, under a penalty of ten thousand merks, that George Earl of Caithness, shall make a free, peaceable, and sure pa.s.sage to all his Majesty's lawful subjects through his country of Caithness, in their pa.s.sage to and from Orkney.

At a meeting of the Council held on the 20th of February, 1610, a commission is granted to Simon Lord Lovat, Kenneth Mackenzie of Kintail, John Mackenzie of Gairloch, Hugh Mackay of Farr, and Roderick Mackenzie of Redcastle, to apprehend Allan Mac Donald Duibh Mhic Rory of Culnacnock, in Troternish, Isle of Skye, and several others, including "Murdo Mac Gillechallum, brother of Gillecallum Raasay, Laird of Raasay, Gillecallum Mac Rory Mhic Leoid, in Lewis, Norman Mac Ghillechallum Mhoir, there, and Rory Mac Ghillechallum Mhoir, his brother," all of whom "remain unrelaxed from a horning of 18th January last, raised against them by Christian, Nighean Ian Leith, relict of Donald Mac Alastair Roy, in Dibaig," Murdo, his son, his other kin and friends, tenant and servants, "for not finding caution to answer before the justice for the stealing of forty cows and oxen, with all the insight and plenishing of the said late Donald Mac Alastair's house in Dibaig, worth 1000, and for murdering the said Donald," his tenant, and servants. The Commissioners are to convocate the lieges in arms for apprehending the said rebels, and to enter them, when taken, before the justice to be suitably punished for their crimes.

Another commission is issued in favour of Simon Lord Lovat, Kenneth Mackenzie of Kintail, Donald Gorm Macdonald of Sleat, and Donald Mac Allan Mhic Ian of Eilean Tirrim, Captain of Clanra.n.a.ld, against John Mac Allan Mac Ra.n.a.ld, who is described as "having this long time been a murderer, common thief, and masterful oppressor" of the King's subjects.

Although Kenneth had been raised to the Peerage on the 19th of November, 1609, by the t.i.tle of Lord Mackenzie of Kintail, he is not so designated in the Privy Council Records until the 31st of May, 1610, when the patent of his creation is read and received by their Lordships, and he is thereupon acknowledged to be a free baron in all time coming. He is one of the Highland chiefs charged and made answerable for good rule in the North on the 28th of June of that year and to find caution within fifteen days, under pain of rebellion, not to reset within their bounds any notorious thieves, rievers, fugitives, and rebels, for theft and murder, under a further penalty, in Mackenzie's case, of five thousand merks.

At a meeting of the Privy Council held on the 19th of July, 1610, the following commission was issued in Kenneth's favour as justiciary of the Lewis, against Neil Macleod:

Forasmuch as a number of the chieftains and princ.i.p.al men of the Isles and continent next adjacent are come in and presented themselves before the Lords of his Majesty's Privy Council, and have given satisfaction unto the said Lords anent their obedience and conformity in time coming, so as that now there is no part of the Isles rebellious and disobedient but the Lewis, which being possessed and inhabited by a number of thieves, murderers, and an infamous byke of lawless and insolent limmers under the charge and command of the traitor Neil Macleod, who has usurped upon him the authority and possession of the Lewis, and they, concurring altogether in a rebellious society, do commit many murders, slaughters, riefs, and villianies, not only among themselves but upon his Majesty's peaceable and good subjects who resorted among them in their trade of fishing, and by their barbarous and savage behaviour against his Majesty's good subjects they have made the trade of fishing in the Lewis, which was most profitable for the whole country, to become always unprofitable, to the great hurt of the commonweal. And the Lords of Secret Council finding it a discredit to the country that such a parcel of ground, possessed by a number of miserable caitiffs, shall be suffered to continue rebellious, whereas the whole remanent Isles are become peaceable and obedient, and the said Lords understand the good affection of Kenneth, Lord Kintail and his willing disposition to undergo all pains and trouble in his Majesty's service. Therefore the said Lords has made and const.i.tuted, and by the tenour hereof makes and const.i.tutes, the said Kenneth Lord Kintail, his Majesty's justice and commissioner over the whole boundaries of the Lewis, to the effect under-written, with full power, commission, and authority to him to convocate his Majesty's lieges in arms, to levy and take up men of war, to appoint captains and commanders over them, and with them to pa.s.s to the Lewis, and there, with tire and sword, and all kind of hostility, to search, seek, hunt, follow, and pursue the said Neil, his accomplices, a.s.sistants, and partakers, by sea and land, wherever they may be apprehended, and to mell, confiscate, and intromit with their goods and gear, and to dispone thereupon at their pleasure, and to keep such of their persons as shall be taken in sure firmance till justice he ministered upon them, conform to the laws of this realm, courts of justiciary within the said bounds to sit, begin, affix, hold, and continue suits to be made called "absentis to amerchiat," trespa.s.ses to punish, all and sundry persons inhabitants of the Lewis suspected and delayed of murder, slaughter, fire-raising, theft, and reset of theft, and other capital crimes, to search, seek, take, apprehend, commit to prison, and to enter them upon panel by dittay to accuse them, and to put them to the knowledge of an a.s.size, and as they shall happen to be found culpable or innocent of the said crimes, or any of them, to cause justice be administered upon them conform to the laws of this realm a.s.size needful to this effect, each person under the pain of forty pounds, to summon, warn, chase, and cause be sworn, clerks, serjeants, dempsters, and all other officers and members of court needful, to make, create, subst.i.tute and ordain, for whom he shall be held to answer with power likewise to our said justice, for the better execution of this commission to take the lymphads, galleys, birlinns, and boats, in the next adjacent Isles, and in the Lewis, for the furtherance of them in their service, the said justice being always answerable to the owners of the said lymphads, galleys, birlinns, and bouts for redelivery of the same at the finishing of his Majesty's service with power likewise to the said justice and persons a.s.sisting him in the execution of this commission to bear, wear, and use hagbutis, pistols, and petards. And if in pursuit of this commission there shall happen slaughter, mutilation fire-raising, or any other inconvenience, to follow, the said Lords decern and declare that the same shall not be imputed as crime or offence to the said justice nor persons a.s.sisting him in the execution of this Commission, nor that they, nor none of them, shall not be called nor accused therefore criminally nor civilly by any manner of way in time coming; exonerating them of all pain, crime, and danger, that they may incur therethrough for ever. And generally all and sundry other things to do, exercise, and use, which for execution of this commission are requisite and necessary, firm, and stable, holding and for to hold all and whatsoever things shall be lawfully done herein. And that letters of publication be directed hereupon charging all his Majesty's lieges within the whole boundaries of the North Isles of this Kingdom and within the bounds of the said Lord's own lands, heritages, possessions, offices, and baillies, excepting always the persons of the name of Fraser, Ross, and Munro, their tenants and servants, to reverance. acknowledge, and obey, rise, concur, pa.s.s forward, fortify, and a.s.sist the said Kenneth, Lord Kintail, in all things tending to the execution of his commission, and to convene in arms with him at such times, days, and places, as he shall please appoint, as they and each one of them will answer upon their obedience at their highest peril.

This commission for the s.p.a.ce of two years after the date hereof, without revocation, to endure.

Soon after this, Neil apprehended a crew of English pirates who had been carrying on their nefarious traffic among the fishermen from the South and other places who frequented the prolific fishing banks, by which, then as now, the island was surrounded. This meritorious public service secured some consideration for him at Court, as appears from the following letter addressed to Lord Kintail under date of 29th August, 1610 -

After our very hearty commendations to your good Lordship: Whereas Neil Macleod in the Lewis has of late done some good service to his Majesty and the country by the taking and apprehension of certain English pirates upon the coast of the Lewis, common enemies to all lawful traffic, whereby he has merited his Majesty's grace and pardon in some measure to be shown unto him, and he having made promise and condition for delivery of the pirates and their ships to such persons as shall be directed by us to receive them we have thereupon given an a.s.surance to him to come here to us and to remain at his pleasure until Whitsunday next, that some good course may be taken for settling him in quietness; and in this meantime we have promised that all hostility and persuit of him and his followers shall rest and cease until the said term, and also that we shall deal and trouble with your Lordship for some reasonable ease and condition to be given to him and his followers, all tenants to your Lordship of the lands and possessions claimed by them. And, we being careful that our word and promise made and given hereupon shall be effectual and valid we have therefore thought meet to acquaint your Lordship therewith, requesting your Lordship to forbear all persuit, trouble, and invasion of the said Neil and his followers until the said term, and that your Lordship will take some such course with them as upon reasonable conditions they may be received and acknowledged by your Lordship as tenants of those lands claimed by them. Wherein looking to find your Lordship conformable, we commit you to G.o.d.

Neil does not then appear to have gone to Edinburgh, but he gave up the pirate, the captain, and ten of her crew to Patrick Grieve, a burgess of Burntisland, who, on the 10th of September, received a commission "to sail with a hired ship" to the Lewis for that purpose. On the 10th of October, Macleod writes to the Council acknowledging receipt, "from this bearer, Patrick Grieve," of their Lordships' order upon him to deliver up the pirate and all her belongings.

On the 19th of July, the same day on which the Commission against Neil Macleod was granted to Lord Kintail, the Council "being careful that the present peace and quietness in the Isles shall be fostered, kept, and entertained, and all such occasions removed and taken away whereby any new disorder, trouble, or misrule may be reinstated within the same, has therefore thought meet that Rory Macleod, son to the late Torquil Dubh Macleod, who has been this long time in the keeping of Donald Gorm of Sleat, and (Torquil) Macleod, another of the said late Torquil's sons, who has been this long time in keeping of Rory Macleod of Harris, shall be delivered to Kenneth Lord Kintail, to be kept by him until the said Lord take order with them for their obedience." Charges are thereupon made upon the chiefs of Sleat and Harris "to bring, present, and deliver" Torquil Dubh's two sons, "in their keeping,"

to the Mackenzie chief, to be kept by him until such order is taken for their good behaviour. They are to be delivered within thirty days, under the usual pains of rebellion and horning.

He is one of the Commissioners of the Peace appointed by the King on the 6th of November, in 1610, in terms of a newly-pa.s.sed Act of Parliament, for Inverness-shire (including Ross) and Cromarty, his colleagues from among the clan for these counties being Roderick Mackenzie of Redcastle, Roderick Mackenzie of Coigeach, and John Mackenzie of Gairloch. He was at the same time appointed in a similar capacity for Elgin, Forres, and Nairn.

Mackenzie had for some time kept Tormod Macleod, the lawful brother of Torquil Dubh, a prisoner, but he now released him, correctly premising that on his appearance in the Lewis all the islanders would rise in his favour. In the meantime, early in 1600, Murdoch Dubh was taken by the Fife Adventurers to St Andrews, and there put to death; but at his execution he revealed, in his confession, the designs of Mackenzie, who was in consequence apprehended and committed to Edinburgh Castle, from which, however, he contrived to escape without trial, through his influence with the Lord Chancellor.

There is an entry in the Records of the Privy Council under date of 15th August, 1599, which shows that Kintail must at an earlier date have been confined in Edinburgh Castle, for some previous offence, for "it having pleased the King to suffer Kenneth Mackenzie of Kintail to repair furth of the Castle of Edinburgh for four or five miles, when he shall think expedient, for repose, health, and recreation" on caution being given by himself as princ.i.p.al, and Robert Lord Seton as surety, that he shall re-enter the Castle every night, under pain of ten thousand merks. The bond is signed on the same date, and is deleted by warrant signed by the King, and the Treasurer, on the 25th of September following.

After various battles had been fought between the brothers, the Adventurers returned in strong force to the island, armed with a commission of fire and sword, and all the Government power at their back, against Tormod. The fight between the combatants continued with varied success and failure on either side; the Adventurers again relinquished their settlement, and returned to Fife to bewail their losses, having solemnly promised never again to return to the Island or molest Mackenzie and his friends.

Kintail now, in virtue of Torquil Cononach's resignation in his favour, obtained a gift, under the Great Seal, of the Lewis for himself through the influence of the Lord Chancellor. This he had, however, ultimately to resign into the hands of the King, and his Majesty, in 1608, vested these rights in the persons of Lord Balmerino, Sir George Hay, and Sir James Spence, of Wormistoun, who undertook the colonisation of the island. For this purpose they made great preparations, and, a.s.sisted by the neighbouring tribes, invaded the Lewis for the double purpose of planting a colony in it and of subduing and apprehending Neil Macleod, who now alone defended it. Mackenzie dispatched his brother Roderick, and Alexander Mackenzie of Coul, with a party of followers numbering 400, ostensibly to aid the colonists now acting under the King's commission to whom he promised active friendship. At the same time he despatched a vessel from Ross loaded with provisions, but privately sent word to Neil Macleod to intercept her on the way, so that the settlers, being disappointed of their supply of the provisions to which they trusted for maintenance, should be obliged to abandon the island for want of the necessaries of life. Matters turned out exactly as Kintail antic.i.p.ated. Sir George Hay and Sir James Spence (Lord Balmerino having meanwhile been convicted of high treason, and forfeited) abandoned the Lewis, leaving a party behind them to hold the garrison, and intending to send a fresh supply of men and provisions back to the island on their arrival in Fife. But Neil Macleod and his followers took and burnt the fort, apprehended its defenders, and sent them safely to their homes "on giving their oath that they would never come on that pretence again, which they never did." Finding this, the Adventurers gave up all hope of establishing themselves in the island, and sold their acquired rights therein, as also their share of the forfeited districts of Troternish and Waternish in Skye, to Kenneth Mackenzie of Kintail, who at the same time obtained a grant from the King of Balmerino's forfeited share of the Lewis, thus finally acquiring what he had so long and so anxiously desired. In addition to a fixed sum of money, Mackenzie granted the Adventurers "a lease of the woods of Letterewe, where there was an iron mine, which they wrought by English miners, casting guns and other implements till their fuel was exhausted and their lease expired." The King confirmed this agreement, and "to encourage Kintail and his brother Roderick in their work of civilizing the people of the Lewis," he elevated the former to the peerage as Lord Mackenzie of Kintail, on the 19th of November, 1609, at the same time conferring the honour of knighthood on his brother, Roderick Mor Mackenzie of Coigeach.

Referring to this period Mr Fraser-Tytler, in his "History of Scotland,"

says - "So dreadful indeed was now the state of those portions of his (the King's) dominions, that, to prevent an utter dissevering from the Scottish crown, something must be done, and many were the projects suggested. At one time the King resolved to proceed to the disturbed districts in person, and fix his headquarters in Kentire; at another, a deputy was to be sent, armed with regal powers; and twice the Duke of Lennox was nominated to this arduous office. The old plan, too, might have been repeated, of granting a Royal Commission to one or other of the northern "Reguli," who were ever prepared, under the plea of loyalty, to strengthen their own hands, and exterminate their brethren; but this, as had been often felt before, was to abandon the country to utter devastation; and a more pacific and singular policy was now adopted. One a.s.sociation of Lowland barons, chiefly from Fife, took a lease from the Crown of the Isle of Lewis, for which they agreed, after seven years' possession, to give the King an annual rent of one hundred and forty chalders of victual; and came under an obligation to conquer their farm at their own charges. Another company of n.o.ble-men and gentlemen in Lothian offered, under a similar agreement, to subdue Skye. And this kind of feudal joint-stock company actually commenced their operations with a force of six hundred soldiers, and a motley mult.i.tude of farmers, ploughmen, artificers, and pedlars. But the Celtic population and their haughty chiefs could not consent to be handed over, in this wholesale fashion, to the tender mercies and agricultural lectures of a set of Saxon adventurers. The Lowland barons arrived, only to be attacked with the utmost fury, and to have the leases of their farms, in the old Douglas phrase, written on their own skins with steel pens and b.l.o.o.d.y ink. For a time, however, they continued the struggle and having entered into alliance with some of the native chiefs, fought the Celts with their own weapons, and more than their own ferocity. Instead of agricultural and pastoral produce, importations of wool, or samples of grain, from the infant colony, there was sent to the Scottish Court a ghastly cargo of twelve human heads in sacks; and it was hoped that, after such an example of severity, matters might succeed better. But the settlers were deceived. After a feeble and protracted struggle for a few years, sickness and famine, perils by land and perils by water, incessant war, and frequent a.s.sa.s.sinations, destroyed the colony; and the three great western chiefs, Macdonald of Sleat, Macleod of Harris, and Mackenzie of Kintail, enjoyed the delight of seeing the princ.i.p.al gentlemen adventurers made captive by Tormod Macleod; who, after extorting from them a renunciation of their t.i.tles, and an oath never to return to the Lewis, dismissed them to carry to the Scottish Court the melancholy reflection that a Celtic population, and the islands on which it was scattered, were not yet the materials or the field for the further operations of the economists of Fife and Mid-Lothian."

In 1610 his Lordship returned to the Lewis with 700 men, and finally brought the whole island to submission, with the exception of Neil Macleod and a few of his followers, who retired to the rock of Berissay, and took possession of it. At this period religion must have been at a very low ebb - almost extinct among the inhabitants; and, to revive Christianity among them, his Lordship selected and took along with him the Rev. Farquhar Macrae, a native of Kintail and minister of Gairloch, [He brought with him Mr Farquhar Macrae, who was then a young man and minister of Gairloch and appointed by the Bishop of Ross (Lesley) to stay with Sir George Hay and the Englishmen that were with him in Letterewe, being a peaceful and eloquent preacher. - "Ardintoul MS."] who had been recommended to the latter charge by the bishop of Ross. Mr Macrae found quite enough to do on his arrival in the island, but he appears to have been very successful among the uncivilised natives; for he reports having gained many over to Christianity; baptised a large number in the fortieth year of their age; and, to legitimise their children, marrying many others to those women with whom they had been for years cohabiting. Leaving the reverend gentleman in the prosecution of his mission, his Lordship returned home, having established good order in the island, and promising to return again the following year, to the great satisfaction of the people.

Some time before this Alexander MacGorrie and Ra.n.a.ld MacRory, sons of Glengarry's uncles murdered in 1580 in Lochcarron, having arrived at maturity, and being brave and intrepid fellows, determined to revenge upon Mackenzie the death of their parents. With this object they went to Appelcross, where lived one of the murderers, John Og, son of Angus, MacEachainn, surrounded his house, and set fire to it, burning to death himself and his whole family. Kintail sought redress from Glengarry, who, while he did not absolutely refuse, did not grant it or punish the wrong-doers; and encouraged by Glengarry's eldest son, Angus, who had now attained his majority, the cousins, taking advantage of the absence of Mackenzie, who had gone on a visit to France, continued their depredations and insolence wherever they found opportunity. Besides, they made a complaint against him to the Privy Council, whereupon he was charged at the pier of Leith to appear before the Council on an appointed day under pain of forfeiture. In this emergency, Mr John Mackenzie, minister of Dingwall, went privately to France in search of his chief, whom he found and brought back in the most secret manner to Edinburgh, fortunately in time to present himself next day after his arrival before the Council, in terms of the summons at Glengarry's instance; and, after consulting his legal adviser and other friends, he appeared quite unexpectedly before their Lordships.

Meantime, while the gentlemen were on their way from France, Alexander MacGorrie and Alexander MacRory killed in his bed Donald Mackenneth Mhic Alastair, a gentleman of the family of Davochmaluag, who lived at Kishorn. The shirt, covered with his blood, had been sent to Edinburgh to await the arrival of Mackenzie, who the same day presented it before the Privy Council, as evidence of the foul crime committed by his accusers. Glengarry was unable to prove anything material against Kintail or his followers. On the contrary, the Rev. John Mackenzie, of Dingwall, charged Glengarry with being instrumental in the murder of John Og and his family at Applecross, as also in that of Donald Mackenzie of Davochmaluag, and undertook not only to prove this, but also that he was a sorner, an oppressor of his own and of his neighbours' tenants, an idolater, who had a man in Lochbroom making images, in testimony of which he carried south the image of St. Coan, which Glengarry worshipped, called in Edinburgh Glengarry's G.o.d, and which was, by public order, burnt at the Town Cross that Glengarry was a man who lived in constant adultery with the Captain of Clan Ra.n.a.ld's daughter, after he had put away Grant of Grant's daughter, his lawful wife; whereupon Glengarry was summoned there and then to appear next day before the Council, and to lodge defences to this unexpected charge. He naturally became alarmed, and fearing the worst, fled from the city during the night, "took to his heels,"

and gave up further legal proceedings against Mackenzie. Being afterwards repeatedly summoned, and failing to put in an appearance, most of the charges were found proven against him; and in 1602, [Records of Privy Council, 9th September, 1602; Sir Robert Gordon's Earldom of Sutherland, p. 248; Letterfearn, Ardintoul, and other MS. Histories of the Mackenzies.] he was declared outlaw and rebel; a commission of fire and sword was granted to Mackenzie against him and all his followers, with a decree of ransom for the loss of those who were burnt and plundered by him, and for Kintail's charges and expenses, making altogether a very large sum. But while these legal matters were being arranged, Angus Macdonald, younger of Glengarry, who was of a restless, daring disposition, went along with some of his followers under silence of night to Kintail, burnt the township of Cro, killed and burnt several men, women, and children, and carried away a large spoil of cattle.

Mackenzie, hearing of this sudden raid, became much concerned about the loss of his Kintail tenants, and decided to requite the quarrel by at once executing his commission against the Macdonalds of Glengarry, and immediately set out in pursuit, leaving a sufficient number of men at home to secure the safety of his property. He took along with him a force of seventeen hundred men, at the same time taking three hundred cows from his farm of Strathbraan to maintain his followers. Ross of Balnagowan sent a party of a hundred and eighty men, under command of Alexander Ross of Invercharron, to aid his neighbour of Kintail, while John Gordon of Embo commanded a hundred and twenty men sent to his aid by the Earl of Sutherland, in virtue of the long standing bond of manrent which existed between the two families; but Sir John "retired at Monar, growing faint-hearted before he saw the enemie". Andrew Munro of Novar also accompanied Kintail on this, as on several previous expeditions.

The Macdonalds, hearing of Mackenzie's approach, drove all their cattle to Monar, where they gathered in strong force to guard them.

Kintail, learning this, marched straight where they were; harried and wasted all the country through which he had to pa.s.s; defeated and routed the Macdonalds, and drove into Kintail the largest booty ever heard of in the Highlands of Scotland, "both of cows, horses, small b.e.s.t.i.a.l, duinuasals, and plenishing, which he most generously distributed amongst his soldiers, and especially amongst such strangers as were with him, so that John Gordon of Embo was at his repentance for his return." Mackenzie had only two men killed in this expedition, though a few of the Kintail men, whom he caused to be carried home on litters, were wounded.

Several instances are recorded of the prowess and intrepidity of Alexander of Coul on this occasion. He was, excepting John MacMhurchaidh Mhic Gillechriost, the fastest runner in the Mackenzie country. On his way to Kintail, leading his men and driving the creach before them, he met three or four hundred Camerons, who sent Mackenzie a message demanding "a bounty of the booty" for pa.s.sing through their territory. This Kenneth was about to grant, and ordered thirty cows and a few of the younger animals to be given, saying that it "was fit that hungry dogs should get a collop;"

whereupon Alexander of Coul and his brave band of one hundred and twenty followers started aside and swore with a great oath that if the Camerons dared to take away a single head, they would, before night, pay dearly for them, and have to light for their collop; for he and his men, he said, had already nearly lost their lives driving them through a wild and narrow pa.s.s where eighteen of the enemy fell to their swords before they were able to get the cattle through; but he would now let them pa.s.s in obedience to his chief's commands. The messengers, hearing the ominous threat, notwithstanding Kenneth's personal persuasion, declined on any account to take the cattle, and marched away "empty as they came."

Before starting from home on this expedition Kintail drove every one of Glengarry's followers out of their holdings in Lochalsh and Lochcarron, except a few of the "Mathewsons and the Clann Jan Uidhir," and any others who promised to submit to him and engaged to prove their sincerity by "imbrowing their bands in the enemy's blood." The Castle of Strome, however, still continued in possession of the Macdonalds.