Part 15

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.

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 Clanranald, and several other Highland and Island chiefs, who had "of late amassed together a force and company of the barbarous and rebellious thieves and limmers of the Isles," and with them entered the Lewis, "assailed 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 pass 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 assist 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 pass 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 Assynt.

He was one of the eight Lesser Barons who constituted 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.