← The Scottish Highlands, Highland Clans and Highland Regiments, Volume 1 (of 2)

VIII. A.D. 1588-1601…

Part 4 of 20 · Unknown author · Public domain text

About this edition

Source: Project Gutenberg e-text #59468, public domain in the United States · text not rewritten or summarized · How RedLectern is built

 

Contents (46)
  1. Opening about 2 min
  2. I. THE GENERAL HISTORY OF THE HIGHLANDS about 2 min
  3. II. THE HISTORY OF THE HIGHLAND CLANS about 2 min
  4. III. HISTORY OF THE HIGHLAND REGIMENTS about 3 min
  5. Preface about 1 h 31 min
  6. I. B.C. 55--A.D. 446 about 43 min
  7. Chapter II about 54 min
  8. III. A.D. 446-843 about 51 min
  9. IV. A.D. 843-1107 about 31 min
  10. V. A.D. 1107-1411 about 41 min
  11. VI. A.D. 1424-1512 about 27 min
  12. VII. A.D. 1516-1588 about 1 h 4 min
  13. VIII. A.D. 1588-1601 about 37 min
  14. IX. A.D. 1602-1613 about 42 min
  15. X. A.D. 1613-1623 about 1 h 2 min
  16. XI. A.D. 1624-1636 about 53 min
  17. XII. A.D. 1636--(SEPTEMBER) 1644 about 1 h 4 min
  18. XIII. A.D. 1644 (SEPTEMBER)-1645 (FEBRUARY) about 43 min
  19. XIV. A.D. FEBRUARY--SEPTEMBER, 1645 about 1 h 45 min
  20. XV. A.D. 1645-1649 about 1 h 21 min
  21. XVI. A.D. 1649-1650 about 56 min
  22. XVII. A.D. 1650-1660 about 1 h 2 min
  23. XVIII. [465] about 1 h 53 min
  24. XIX. A.D. 1660-1689 about 1 h 1 min
  25. XX. March to July, 1689 about 1 h 31 min
  26. XXI. A.D. 1689-1691 about 50 min
  27. XXII. A.D. 1691-1702 about 41 min
  28. XXIII. A.D. 1695-1714 about 41 min
  29. XXIV. A.D. 1714-1715 about 36 min
  30. XXV. A.D. 1715 about 1 h 16 min
  31. XXVI. A.D. 1715-1716 about 1 h 4 min
  32. XXVII. A.D. 1716-1737 about 1 h 23 min
  33. XXVIII. A.D. 1739-1745 about 29 min
  34. XXIX. A.D. 1745 about 52 min
  35. XXX. A.D. 1745 about 41 min
  36. XXXI. A.D. 1745 about 1 h 23 min
  37. XXXII. A.D. 1715 about 56 min
  38. XXXIII. A.D. 1745 about 1 h 28 min
  39. XXXIV. A.D. 1745-46 about 1 h
  40. XXXV. A.D. 1746 about 55 min
  41. XXXVI. A.D. 1746 about 1 h 52 min
  42. XXXVII. A.D. 1746 about 2 h 8 min
  43. XXXVIII. A.D. 1746-1747 about 54 min
  44. XXXIX. A.D. 1747-1748 about 49 min
  45. XL. A.D. 1748 TO PRESENT TIME about 28 min
  46. Chapter XLI about 1 h 59 min

Continue:

VIII. A.D. 1588-1601

KING OF SCOTLAND:--James VI., 1567-1603.

Continued strife between the Earls of Sutherland and Caithness--Short Reconciliation--Strife renewed--Fresh Reconciliation--Quarrel between Clan Gun and other tribes--The Earl of Huntly, the Clan Chattan, and others--Death of the “Bonny” Earl of Murray--Consequent excitement--Strife between Huntly and the Clan Chattan--Huntly attainted and treated as a rebel--Argyle sent against him--Battle of Glenlivet--Journey of James VI. to the North--Tumults in Ross--Feud between the Macleans and Macdonalds--Defeat of the Macleans--Dispute between the Earls of Sutherland and Caithness--Feud between Macdonald of Slate and Macleod of Harris--Reconciliation.

The truce between the Earls of Caithness and Sutherland having now expired, the latter, accompanied by Mackay, Macintosh, the Laird of Foulis, the Laird of Assynt, and Gille-Calum, Laird of Rasay, entered Caithness with all his forces in the beginning of 1588. In taking this step he was warranted by a commission which he had obtained at court, through the influence of Chancellor Maitland, against the Earl of Caithness for killing George Gordon. The people of Caithness, alarmed at the great force of the earl, fled in all directions on his approach, and he never halted till he reached the strong fort of Girnigo, where he pitched his camp for twelve days. He then penetrated as far as Duncansby, killing several of the country people on his route, and collecting an immense quantity of cattle and goods, so large, indeed, as to exceed all that had been seen together in that country for many years. This invasion had such an effect upon the people of Caithness, that every race, clan, tribe, and family there, vied with one another in offering pledges to the Earl of Sutherland to keep the peace in all time coming. The town of Wick was also pillaged and burnt, but the church was preserved. In the church was found the heart of the Earl of Caithness’s father in a case of lead, which was opened by John Mac-Gille-Calum of Rasay, and the ashes of the heart were thrown by him to the winds.

During the time when these depredations were being committed, the Earl of Caithness shut himself up in the castle of Girnigo; but on learning the disasters which had befallen his country, he desired a cessation of hostilities and a conference with the Earl of Sutherland. As the castle of Girnigo was strongly fortified, and as the Earl of Caithness had made preparations for enduring a long siege, the Earl of Sutherland complied with his request. Both earls ultimately agreed to refer all their differences and disputes to the arbitration of friends, and the Earl of Huntly was chosen by mutual consent to act as umpire or oversman, in the event of a difference of opinion. A second truce was in this way entered into until the decision of the arbiters, when all differences were to cease.[188]

Notwithstanding this engagement, however, the Earl of Caithness soon gave fresh provocation, for before the truce had expired he sent a party of his men to Diri-Chatt in Sutherland, under the command of Kenneth Buy, and his brother Farquhar Buy, chieftains of the Siol-Mhic-Imheair in Caithness, and chief advisers of the Earl of Caithness in his bad actions, and his instruments in oppressing the poor people of Caithness. The Earl of Sutherland lost no time in revenging himself for the depredations committed. At Whitsunday, in the year 1589, he sent 300 men into Caithness, with Alexander Gordon of Kilcalmekill at their head. They penetrated as far as Girnigo, laying the country waste everywhere around them, and striking terror into the hearts of the inhabitants, many of whom, including some of the Siol-Mhic-Imheair, they killed. After spending their fury the party returned to Sutherland with a large booty, and without the loss of a single man.

To retaliate upon the Earl of Sutherland for this inroad, James Sinclair of Markle, brother of the Earl of Caithness, collected an army of 3,000 men, with which he marched into Strathully, in the month of June, 1589. As the Earl of Sutherland had been apprehensive of an attack, he had placed a range of sentinels along the borders of Sutherland, to give notice of the approach of the enemy. Of these, four were stationed in the village of Liribell, which the Caithness men entered in the middle of the day unknown to the sentinels, who, instead of keeping an outlook, were at the time carelessly enjoying themselves within the watch-house. On perceiving the Caithness men about entering the house, they shut themselves up within it; but the house being set on fire, three of them perished, and the fourth, rushing through the flames, escaped with great difficulty, and announced to his countrymen the arrival of the enemy. From Strathully, Sinclair passed forward with his army to a place called Crissalligh, on the height of Strathbroray, and began to drive away some cattle towards Caithness. As the Earl of Sutherland had not yet had sufficient time to collect a sufficient force to oppose Sinclair, he sent in the meantime Houcheon Mackay, who happened to be at Dunrobin with 500 or 600 men, to keep Sinclair in check until a greater force should be assembled. With this body, which was hastily drawn together on the spur of the occasion, Mackay advanced with amazing celerity, and such was the rapidity of his movements, that he most unexpectedly came up with Sinclair not far from Crissalligh, when his army was ranging about without order or military discipline. On coming up, Mackay found John Gordon of Kilcalmekill at the head of a small party skirmishing with the Caithness men, a circumstance which made him instantly resolve, though so far inferior in numbers, to attack Sinclair. Crossing therefore the water, which was between him and the enemy, Mackay and his men rushed upon the army of Sinclair, which they defeated after a long and warm contest. The Caithness men retreated with the loss of their booty and part of their baggage, and were closely pursued by a body of men commanded by John Murray, nick-named the merchant, to a distance of 16 miles.[189]

This defeat, however, did not satisfy the Earl of Sutherland, who, having now assembled an army, entered Caithness with the intention of laying it waste. The earl advanced as far as Corrichoigh, and the Earl of Caithness convened his forces at Spittle, where he lay waiting the arrival of his enemy. The Earl of Huntly, having been made acquainted with the warlike preparations of the two hostile earls, sent, without delay, his uncle, Sir Patrick Gordon of Auchindun, to mediate between them, and he luckily arrived at the Earl of Sutherland’s head-quarters, at the very instant his army was on its march to meet the Earl of Caithness. By the friendly interference of Sir Patrick, the parties were prevailed upon to desist from their hostile intentions, and to agree to hold an amicable meeting at Elgin, in presence of the Earl of Huntly, to whom they also agreed to refer all their differences. A meeting accordingly took place in the month of November, 1589, at which all disputes were settled, and in order that the reconciliation might be lasting, and that no recourse might again be had to arms, the two earls subscribed a deed, by which they appointed Huntly and his successors hereditary judges, and arbitrators of all disputes or differences, that might thenceforth arise between these two houses.

This reconciliation, however, as it did not obliterate the rancour which existed between the people of these different districts, was but of short duration. The frequent depredations committed by the vassals and retainers of the earls upon the property of one another, led to an exchange of letters and messages between them about the means to be used for repressing these disorders. During this correspondence the Earl of Sutherland became unwell, and, being confined to his bed, the Earl of Caithness, in October, 1590, wrote him a kind letter, which he had scarcely despatched when he most unaccountably entered Sutherland with a hostile force; but he only remained one night in that country, in consequence of receiving intelligence of a meditated attack upon his camp by John Gordon of Kilcalmekill, and Neill Mac-Iain-MacWilliam. A considerable number of the Sutherland men having collected together, they resolved to pursue the Caithness men, who had carried off a large quantity of cattle; but, on coming nearly up with them, an unfortunate difference arose between the Murrays and the Gordons, each contending for the command of the vanguard. The Murrays rested their claim upon their former good services to the house of Sutherland; but the Gordons refusing to admit it, all the Murrays, with the exception of William Murray, brother of the Laird of Palrossie, and John Murray, the merchant, withdrew, and took a station on a hill hard by to witness the combat. This unexpected event seemed to paralyze the Gordons at first; but seeing the Caithness men driving the cattle away before them, and thinking that if they did not attack them they would be accused of cowardice, Patrick Gordon of Gartay, John Gordon of Embo, and John Gordon of Kilcalmekill, after some consultation, resolved to attack the retiring foe without loss of time, and without waiting for the coming up of the Strathnaver men, who were hourly expected. This was a bold and desperate attempt, as the Gordons were only as one to twelve in point of numbers, but they could not brook the idea of being branded as cowards. With such numerical inferiority, and with the sun and wind in their faces to boot, the Sutherland men advanced upon and resolutely attacked the Caithness men near Clyne. In the van of the Caithness army were placed about 1,500 archers, a considerable number of whom were from the Western Isles, under the command of Donald Balloch Mackay of Scourie, who poured a thick shower of arrows upon the men of Sutherland as they advanced, the latter, in return, giving their opponents a similar reception. The combat raged with great fury for a considerable time between these two parties: thrice were the Caithness archers driven back upon their rear, which was in consequence thrown into great disorder, and thrice did they return to the conflict, cheered on and encouraged by their leader; but, though superior in numbers, they could not withstand the firmness and intrepidity of the Sutherland men, who forced them to retire from the field of battle on the approach of night, and to abandon the cattle which had been carried off. The loss in killed and wounded was about equal on both sides; but, with the exception of Nicolas Sutherland, brother of the Laird of Forse, and Angus Mac-Angus-Termat, both belonging to the Caithness party, and John Murray, the merchant, on the Sutherland side, there were no principal persons killed.

Vain as the efforts of the common friends of the rival earls had hitherto been to reconcile them effectually, the Earl of Huntly and others once more attempted an arrangement, and having prevailed upon the parties to meet at Strathbogie, a final agreement was entered into in the month of March, 1591, by which they agreed to bury all bygone differences in oblivion, and to live on terms of amity in all time thereafter.

This fresh reconciliation of the two earls was the means of restoring quiet in their districts for a considerable time, which was partially interrupted in the year 1594, by a quarrel between the clan Gun and some of the other petty tribes. Donald Mac-William-Mac-Henric, Alister Mac-Iain-Mac-Rorie, and others of the clan Gun entered Caithness and attacked Farquhar Buy, one of the captains of the tribe of Siol-Mhic-Imheair, and William Sutherland, alias William Abaraich, the chief favourite of the Earl of Caithness, and the principal plotter against the life of George Gordon, whose death has been already noticed. After a warm skirmish, Farquhar Buy, and William Abaraich, and some of their followers, were slain. To revenge this outrage, the Earl of Caithness sent the same year his brother, James Sinclair of Murkle, with a party of men, against the clan Gun in Strathie, in Strathnaver, who killed seven of that tribe. George Mac-Iain-Mac-Rob, the chief, and Donald Mac-William-Mac-Henric narrowly escaped with their lives.

For the sake of continuity, we have deferred noticing those transactions in the north in which George Gordon, Earl of Huntly, was more immediately concerned, and which led to several bloody conflicts.

The earl, who was a favourite at court, and personally liked by James VI., finding himself in danger from the prevailing faction, retired to his possessions in the north, for the purpose of improving his estates and enjoying domestic quiet. One of his first measures was to erect a castle at Ruthven, in Badenoch, in the neighbourhood of his hunting forests. This gave great offence to Macintosh, the chief of the clan Chattan, and his people, as they considered that the object of its erection was to overawe the clan. Being the earl’s vassals and tenants, they were bound to certain services, among which the furnishing of materials for the building formed a chief part; but, instead of assisting the earl’s people, they at first indirectly and in an underhand manner endeavoured to prevent the workmen from going on with their operations, and afterwards positively refused to furnish the necessaries required for the building. This act of disobedience was the cause of much trouble, which was increased by a quarrel in the year 1590, between the Gordons and the Grants, the occasion of which was as follows. John Grant, the tutor of Ballendalloch, having withheld the rents due to the widow, and endeavoured otherwise to injure her, James Gordon, her nephew, eldest son of Alexander Gordon of Lismore, along with some of his friends, went to Ballendalloch to obtain justice for her. On their arrival, differences were accommodated so far that the tutor paid up all arrears due to the lady, except a trifle, which he insisted, on some ground or other, on retaining. This led to some altercation, in which the servants of both parties took a share, and latterly came to blows; but they were separated, and James Gordon returned home. Judging from what had taken place, that his aunt’s interests would in future be better attended to if under the protection of a husband, he persuaded the brother of Sir Thomas Gordon of Cluny to marry her, which he did. This act so incensed the tutor of Ballendalloch, that he at once showed his displeasure by killing, at the instigation of the laird of Grant, one of John Gordon’s servants. For this the tutor, and such of the Grants as should harbour or assist him, were declared outlaws and rebels, and a commission was granted to the Earl of Huntly to apprehend and bring them to justice, in virtue of which, he besieged the house of Ballendalloch, and took it by force, on the 2d November, 1590; but the tutor effected his escape. Sir John Campbell of Cadell, a despicable tool of the Chancellor Maitland, who had plotted the destruction of the earl and the laird of Grant, now joined in the conspiracy against him, and stirred up the clan Chattan, and Macintosh their chief, to aid the Grants. They also persuaded the Earls of Athol and Murray to assist them against the Earl of Huntly.

As soon as Huntly ascertained that the Grants and clan Chattan, who were his own vassals, had put themselves under the command of these earls, he assembled his followers, and, entering Badenoch, summoned his vassals to appear before him, and deliver up the tutor and his abettors, but none of them came. He then proclaimed and denounced them rebels, and obtained a royal commission to invade and apprehend them. To consult on the best means of defending themselves, the Earls of Murray and Athole, the Dunbars, the clan Chattan, the Grants, and the laird of Cadell, and others of their party met at Forres. In the midst of their deliberations Huntly, who had received early intelligence of the meeting, and had, in consequence, assembled his forces, unexpectedly made his appearance in the neighbourhood of Forres. This sudden advance of Huntly struck terror into the minds of the persons assembled, and the meeting instantly broke up in great confusion. The whole party, with the exception of the Earl of Murray, left the town in great haste, and fled to Tarnoway; the Earl of Huntly, not aware that Murray had remained behind, marching directly to Tarnoway in pursuit of the fugitives. On arriving within sight of the castle into which the flying party had thrown themselves, the earl sent John Gordon, brother of Sir Thomas Gordon of Cluny, with a small body of men to reconnoitre; but approaching too near without due caution, he was shot by one of the Earl of Murray’s servants. As Huntly found the castle well fortified, and as the rebels evacuated it and fled to the mountains, leaving a sufficient force to protect it, he disbanded his men on November 24, 1590, and returned home, whence he proceeded to Edinburgh.

Shortly after his arrival the Earl of Bothwell, who had a design upon the life of Chancellor Maitland, made an attack upon the palace of Holyrood-house under cloud of night, with the view of seizing Maitland; but, having failed in his object, he was forced to flee to the north to avoid the vengeance of the king. The Earl of Huntly, who had been lately reconciled to Maitland, and the Duke of Lennox, were sent in pursuit of Bothwell, but he escaped. Understanding afterwards that he was harboured by the Earl of Murray at Donnibristle, the chancellor, having procured a commission against him from the king in favour of Huntly, again sent him, accompanied by forty gentlemen, to attack the Earl of Murray. When the party had arrived near Donnibristle, the Earl of Huntly sent Captain John Gordon, of Buckie, brother of Gordon of Gight, with a summons to the Earl of Murray, requiring him to surrender himself prisoner; but instead of complying, one of the earl’s servants levelled a piece at the bearer of the despatch, and wounded him mortally. Huntly, therefore, after giving orders to take the Earl of Murray alive if possible, forcibly entered the house; but Sir Thomas Gordon, recollecting the fate of his brother at Tarnoway, and Gordon of Gight, who saw his brother lying mortally wounded before his eyes, entirely disregarded the injunction; and following the earl, who had fled among the rocks on the adjoining sea-shore, slew him. It was this Earl of Murray who was known as the “bonny” earl, and, according to some historians, had impressed the heart of Anne of Denmark, and excited the jealousy of her royal spouse. This at least was the popular notion of his time:--

“He was a braw gallant, And he played at the gluve; And the bonny Earl of Murray, Oh! he was the queen’s love.”

According to one account the house was set on fire, and Murray was discovered, when endeavouring to escape, by a spark which fell on his helmet, and slain by Gordon of Buckie, saying to the latter, who had wounded him in the face, “You have spilt a better face than your awin.”

The Earl of Huntly immediately despatched John Gordon of Buckie to Edinburgh, to lay a statement of the affair before the king and the chancellor. The death of the Earl of Murray would have passed quietly over, as an event of ordinary occurrence in those troublesome times; but, as he was one of the heads of the Protestant party, the Presbyterian ministers gave the matter a religious turn by denouncing the Catholic Earl of Huntly as a murderer, who wished to advance the interests of his church by imbruing his hands in the blood of his Protestant countrymen. The effect of the ministers’ denunciations was a tumult among the people in Edinburgh and other parts of the kingdom, which obliged the king to cancel the commission he had granted to the Earl of Huntly. The spirit of discontent became so violent that Captain John Gordon, who had been left at Inverkeithing for the recovery of his wounds, but who had been afterwards taken prisoner by the Earl of Murray’s friends and carried to Edinburgh, was tried before a jury, and, contrary to law and justice, condemned and executed for having assisted the Earl of Huntly acting under a royal commission. The recklessness and severity of this act were still more atrocious, as Captain Gordon’s wounds were incurable, and he was fast hastening to his grave. John Gordon of Buckie, who was master of the king’s household, was obliged to flee from Edinburgh, and made a narrow escape with his life.

As for the Earl of Huntly, he was summoned, at the instance of the Lord of St. Colme, brother of the deceased Earl of Murray, to stand trial. He accordingly appeared at Edinburgh, and offered to abide the result of a trial by his peers, and in the meantime was committed a prisoner to the castle of Blackness on the 12th of March, 1591, till the peers should assemble to try him. On giving sufficient surety, however, that he would appear and stand trial on receiving six days’ notice to that effect, he was released by the king on the 20th day of the same month.

The clan Chattan, who had never submitted without reluctance to the Earl of Huntly, considered the present aspect of affairs as peculiarly favourable to the design they entertained of shaking off the yoke altogether, and being countenanced and assisted by the Grants, and other friends of the Earl of Murray, made no secret of their intentions. At first the earl sent Allan Macdonald-Dubh, the chief of the clan Cameron, with his tribe, to attack the clan Chattan in Badenoch, and to keep them in due order and subjection. The Camerons, though warmly opposed, succeeded in defeating the clan Chattan, who lost 50 of their men after a sharp skirmish. The earl next despatched Macronald, with some of the Lochaber men, against the Grants in Strathspey, whom he attacked, killed 18 of them, and laid waste the lands of Ballendalloch. After the clan Chattan had recovered from their defeat, they invaded Strathdee and Glenmuck in November 1592. To punish this aggression, the Earl of Huntly collected his forces and entered Pettie, then in possession of the clan Chattan as a fief from the Earls of Murray, and laid waste all the lands of the clan Chattan there, killed many of them, and carried off a large quantity of cattle, which he divided among his army. But in returning from Pettie after disbanding his army, he received the unwelcome intelligence that William Macintosh, son of Lauchlan Macintosh, the chief, with 800 of the clan Chattan, had invaded the lands of Auchindun and Cabberogh. The earl, after desiring the small party which remained with him to follow him as speedily as possible, immediately set off at full speed, accompanied by Sir Patrick Gordon of Auchindun and 36 horsemen, in quest of Macintosh and his party. Overtaking them before they had left the bounds of Cabberogh, upon the top of a hill called Stapliegate, he attacked them with his small party, and, after a warm skirmish, defeated them, killing about 60 of their men, and wounding William Macintosh and others.

The Earl of Huntly, after thus subduing his enemies in the north, now found himself placed under ban by the government on account of an alleged conspiracy between him and the Earls of Angus and Errol and the crown of Spain, to overturn the State and the Church. The king and his councillors seemed to be satisfied of the innocence of the earls; but the ministers, who considered the reformed religion in Scotland in danger while these Catholic peers were protected and favoured, importuned his majesty to punish them. The king, yielding to necessity and to the intrigues of Queen Elizabeth, forfeited their titles, intending to restore them when a proper opportunity occurred; and, to silence the clamours of the ministers, convoked a parliament, which was held in the end of May, 1594. As few of the peers attended, the ministers, having the commissioners of the burghs on their side, carried everything their own way, and the consequence was, that the three earls were attainted without trial, and their arms were torn in presence of the parliament, according to the custom in such cases.

Having so far succeeded, the ministers, instigated by the Queen of England, now entreated the king to send the Earl of Argyle, a youth of nineteen years of age, in the pay of Queen Elizabeth, with an army against the Catholic earls. The king, still yielding to necessity, complied, and Argyle, having collected a force of about 12,000 men, entered Badenoch and laid siege to the castle of Ruthven, on the 27th of September, 1594. He was accompanied in this expedition by the Earl of Athole, Sir Lauchlan Maclean with some of his islanders, the chief of the Macintoshes, the Laird of Grant, the clan Gregor, Macneil of Barra, with all their friends and dependents, together with the whole of the Campbells, and a variety of others animated by a thirst for plunder or malice towards the Gordons. The castle of Ruthven was so well defended by the clan Pherson, who were the Earl of Huntly’s vassals, that Argyle was obliged to give up the siege. He then marched through Strathspey, and encamped at Drummin, upon the river Avon, on the 2d of October, whence he issued orders to Lord Forbes, the Frasers, the Dunbars, the clan Kenzie, the Irvings, the Ogilvies, the Leslies, and other tribes and clans in the north, to join his standard with all convenient speed.

The earls, against whom this expedition was directed, were by no means dismayed. They knew that although the king was constrained by popular clamour to levy war upon them, he was in secret friendly to them; and they were, moreover, aware that the army of Argyle, who was a youth of no military experience, was a raw and undisciplined militia, and composed, in a great measure, of Catholics, who could not be expected to feel very warmly for the Protestant interest, to support which the expedition was professedly undertaken. The seeds of disaffection, besides, had been already sown in Argyle’s camp by the corruption of the Grants and Campbell of Lochnell.

On hearing of Argyle’s approach, the Earl of Errol immediately collected a select body of about 100 horsemen, being gentlemen, on whose courage and fidelity he could rely, and with these he joined the Earl of Huntly at Strathbogie. The forces of Huntly, after this junction, amounted, it is said, to nearly 1,500 men, almost altogether horsemen, and with this body he advanced to Carnborrow, where the two earls and their chief followers made a solemn vow to conquer or die. Marching from thence, Huntly’s army arrived at Auchindun on the same day that Argyle’s army reached Drummin. At Auchindun, Huntly received intelligence that Argyle was on the eve of descending from the mountains to the lowlands, which induced him, on the following day, to send Captain Thomas Carr and a party of horsemen to reconnoitre the enemy, while he himself advanced with his main army. The reconnoitring party soon fell in, accidentally, with Argyle’s scouts, whom they chased, and some of whom they killed. This occurrence, which was looked upon as a prognostic of victory, so encouraged Huntly and his men, that he resolved to attack the army of Argyle before he should be joined by Lord Forbes, and the forces which were waiting for his appearance in the lowlands. Argyle had now passed Glenlivet, and had reached the banks of a small brook named Altchonlachan.

On the other hand, the Earl of Argyle had no idea that the Earls of Huntly and Errol would attack him with such an inferior force; and he was, therefore, astonished at seeing them approach so near him as they did. Apprehensive that his numerical superiority in foot would be counterbalanced by Huntly’s cavalry, he held a council of war, which advised Argyle to wait till the king, who had promised to appear with a force, should arrive, or, at all events, till he should be joined by the Frasers and Mackenzies from the north, and the Irvings, Forbeses, and Leslies from the lowlands with their horse. This opinion, which was considered judicious by the most experienced of Argyle’s army, was however disregarded by him, and he determined to wait the attack of the enemy; and to encourage his men he pointed out to them the small number of those they had to combat with, and the spoils they might expect after victory. He disposed his army on the declivity of a hill, betwixt Glenlivet and Glenrinnes, in two parallel divisions. The right wing, consisting of the Macleans and Macintoshes, was commanded by Sir Lauchlan Maclean and Macintosh--the left, composed of the Grants, Macneills, and Macgregors, by Grant of Gartinbeg; and the centre, consisting of the Campbells, &c., was commanded by Campbell of Auchinbreck. This vanguard consisted of 4,000 men, one-half of whom carried muskets. The rear of the army, consisting of about 6,000 men, was commanded by Argyle himself. The Earl of Huntly’s vanguard was composed of 300 gentlemen, led by the Earl of Errol, Sir Patrick Gordon of Auchindun, the laird of Gight, the laird of Bonnitoun, and Captain, afterwards Sir Thomas Carr. The earl himself followed with the remainder of his forces, having the laird of Cluny upon his right hand and the laird of Abergeldy upon his left. Three pieces of field ordnance under the direction of Captain Andrew Gray, afterwards colonel of the English and Scots who served in Bohemia, were placed in front of the vanguard. Before advancing, the Earl of Huntly harangued his little army to encourage them to fight manfully; he told them that they had no alternative before them but victory or death--that they were now to combat, not for their own lives only, but also for the very existence of their families, which would be utterly extinguished if they fell a prey to their enemies.

The position which Argyle occupied on the declivity of the hill gave him a decided advantage over his assailants, who, from the nature of their force, were greatly hampered by the mossy nature of the ground at the foot of the hill, interspersed by pits from which turf had been dug. But, notwithstanding these obstacles, Huntly advanced up the hill with a slow and steady pace. It had been arranged between him and Campbell of Lochnell, who had promised to go over to Huntly as soon as the battle had commenced, that, before charging Argyle with his cavalry, Huntly should fire his artillery at the yellow standard. Campbell bore a mortal enmity at Argyle, as he had murdered his brother, Campbell of Calder, in 1592; and as he was Argyle’s nearest heir, he probably had directed the firing at the yellow standard in the hope of cutting off the earl. Unfortunately for himself, however, Campbell was shot dead at the first fire of the cannon, and upon his fall all his men fled from the field. Macneill of Barra was also slain at the same time.

The Highlanders, who had never before seen field pieces, were thrown into disorder by the cannonade, which being perceived by Huntly, he charged the enemy, and rushing in among them with his horsemen, increased the confusion. The Earl of Errol was directed to attack the right wing of Argyle’s army, commanded by Maclean, but as it occupied a very steep part of the hill, and as Errol was greatly annoyed by thick volleys of shot from above, he was compelled to make a detour, leaving the enemy on his left. But Gordon of Auchindun, disdaining such a prudent course, galloped up the hill with a party of his own followers, and charged Maclean with great impetuosity; but Auchindun’s rashness cost him his life. The fall of Auchindun so exasperated his followers that they set no bounds to their fury; but Maclean received their repeated assaults with firmness, and manœuvred his troops so well as to succeed in cutting off the Earl of Errol, and placing him between his own body and that of Argyle, by whose joint forces he was completely surrounded. At this important crisis, when no hopes of retreat remained, and when Errol and his men were in danger of being cut to pieces, the Earl of Huntly, very fortunately, came up to his assistance and relieved him from his embarrassment. The battle was now renewed and continued for two hours, during which both parties fought with great bravery, “the one,” says Sir Robert Gordon, “for glorie, the other for necessitie.” In the heat of the action the Earl of Huntly had a horse shot under him, and was in imminent danger of his life; but another horse was immediately procured for him. After a hard contest the main body of Argyle’s army began to give way, and retreated towards the rivulet of Altchonlachan; but Maclean still kept the field, and continued to support the falling fortune of the day. At length, finding the contest hopeless, and after losing many of his men, he retired in good order with the small company that still remained about him. Huntly pursued the retiring foe beyond the water of Altchonlachan, when he was prevented from following them farther by the steepness of the hills, so unfavourable to the operations of cavalry. The success of Huntly was mainly owing to the treachery of Lochnell, and of John Grant of Gartinbeg, one of Huntly’s vassals, who, in terms of a concerted plan, retreated with his men as soon as the action began, by which act the centre and the left wing of Argyle’s army were completely broken. On the side of Argyle 500 men were killed besides Macneill of Barra, and Lochnell and Auchinbreck, the two cousins of Argyle. The Earl of Huntly’s loss was comparatively trifling. About 14 gentlemen were slain, including Sir Patrick Gordon of Auchindun, and the Laird of Gight; and the Earl of Errol and a considerable number of persons were wounded. At the conclusion of the battle the conquerors returned thanks to God on the field for the victory they had achieved. This battle is called by some writers the battle of Glenlivet, and by others the battle of Altchonlachan. Among the trophies found on the field was the ensign belonging to the Earl of Argyle, which was carried with other spoils to Strathbogie, and placed upon the top of the great tower. So certain had Argyle been of success in his enterprise, that he had made out a paper apportioning the lands of the Gordons, the Hays, and all who were suspected to favour them, among the chief officers of his army. This document was found among the baggage which he left behind him on the field of battle.[190]

Although Argyle certainly calculated upon being joined by the king, it seems doubtful if James ever entertained such an intention, for he stopped at Dundee, from which he did not stir till he heard of the result of the battle of Glenlivet. Instigated by the ministers and other enemies of the Earl of Huntly, who became now more exasperated than ever at the unexpected failure of Argyle’s expedition, the king proceeded north to Strathbogie, and in his route he permitted, most unwillingly, the house of Craig in Angus, belonging to Sir John Ogilvie, son of Lord Ogilvie, that of Bagaes in Angus, the property of Sir Walter Lindsay, the house of Culsalmond in Garioch, appertaining to the Laird of Newton-Gordon, the house of Slaines in Buchan, belonging to the Earl of Errol, and the castle of Strathbogie, to be razed to the ground, under the pretext that priests and Jesuits had been harboured in them. In the meantime the Earl of Huntly and his friends retired into Sutherland, where they remained six weeks with Earl Alexander; and on the king’s departure to Strathbogie, Huntly returned, leaving his eldest son George, Lord Gordon, in Sutherland with his aunt, till the return of more peaceable times.

The king left the Duke of Lennox to act as his lieutenant in the north, with whom the two earls held a meeting at Aberdeen, and as their temporary absence from the kingdom might allay the spirit of violence and discontent, which was particularly annoying to his majesty, they agreed to leave the kingdom during the king’s pleasure. After spending sixteen months in travelling through Germany and Flanders, Huntly was recalled, and on his return he, as well as the Earls of Angus and Errol, were restored to their former honours and estates by the parliament, held at Edinburgh in November 1597, and in testimony of his regard for Huntly, the king, two years thereafter, created him a marquis. This signal mark of the royal favour had such an influence upon the clan Chattan, the clan Kenzie, the Grants, Forbeses, Leslies, and other hostile clans and tribes, that they at once submitted themselves to the marquis.

The warlike operations in the north seem, for a time, to have drawn off the attention of the clans from their own feuds; but in the year 1597 a tumult occurred at Loggiewreid in Ross, which had almost put that province and the adjoining country into a flame. The quarrel began between John Mac-Gille-Calum, brother of Gille-Calum, Laird of Rasay, and Alexander Bane, brother of Duncan Bane of Tulloch, in Ross. The Monroes took the side of the Banes, and the Mackenzies aided John Mac-Gille-Calum. In this tumult John Mac-Gille-Calum and John Mac-Murthow-Mac-William, a gentleman of the clan Kenzie, and three persons of that surname, were killed on the one side, and on the other were slain John Monroe of Culcraigie, his brother Houcheon Monroe, and John Monroe Robertson. This occurrence renewed the ancient animosity between the clan Kenzie and the Monroes, and both parties began to assemble their friends for the purpose of attacking one another; but their differences were in some measure happily reconciled by the mediation of common friends.

In the following year the ambition and avarice of Sir Lauchlan Maclean, of whom notice has been already taken, brought him to an untimely end, having been slain in Islay by Sir James Macdonald, his nephew, eldest son of Angus Macdonald of Kintyre. Sir Lauchlan had long had an eye upon the possessions of the clan Ronald in Islay; but having failed in extorting a conveyance thereof from Angus Macdonald in the way before alluded to, he endeavoured, by his credit at court and by bribery or other means, to obtain a grant of these lands from the crown in 1595. At this period Angus Macdonald had become infirm from age, and his son, Sir James Macdonald, was too young to make any effectual resistance to the newly acquired claims of his covetous uncle. After obtaining the gift, Sir Lauchlan collected his people and friends, and invaded Islay, for the purpose of taking possession of the lands which belonged to the clan Donald. Sir James Macdonald, on hearing of his uncle’s landing, collected his friends, and landed in Islay to dispossess Sir Lauchlan of the property. To prevent the effusion of blood, some common friends of the parties interposed, and endeavoured to bring about an adjustment of their differences. They prevailed upon Sir James to agree to resign the half of the island to his uncle during the life of the latter, provided he would acknowledge that he held the same for personal service to the clan Donald in the same manner as Maclean’s progenitors had always held the Rhinns of Islay; and he moreover offered to submit the question to any impartial friends Maclean might choose, under this reasonable condition, that in case they should not agree, his Majesty should decide. But Maclean, contrary to the advice of his best friends, would listen to no proposals short of an absolute surrender of the whole of the island. Sir James therefore resolved to vindicate his right by an appeal to arms, though his force was far inferior to that of Sir Lauchlan. A desperate struggle took place, in which great valour was displayed on both sides. Sir Lauchlan was killed fighting at the head of his men, who were at length compelled to retreat to their boats and vessels. Besides their chief, the Macleans left 80 of their principal men and 200 common soldiers dead on the field of battle. Lauchlan Barroch-Maclean, son of Sir Lauchlan, was dangerously wounded, but escaped. Sir James Macdonald was also so severely wounded that he never fully recovered from his wounds. About 30 of the clan Donald were killed and about 60 wounded. Sir Lauchlan, according to Sir Robert Gordon, had consulted a witch before he undertook this journey into Islay, who advised him, in the first place, not to land upon the island on a Thursday; secondly, that he should not drink of the water of a well near Groynard; and lastly, she told him that one Maclean should be slain at Groynard. “The first he transgressed unwillingly,” says Sir Robert, “being driven into the island of Ila by a tempest upon a Thursday; the second he transgressed negligentlie, haveing drank of that water befor he wes awair; and so he wes killed ther at Groinard, as wes foretold him, bot doubtfullie. Thus endeth all these that doe trust in such kynd of responces, or doe hunt after them!”[191]

On hearing of Maclean’s death and the defeat of his men, the king became so highly incensed against the clan Donald that, finding he had a right to dispose of their possessions both in Kintyre and Islay, he made a grant of them to the Earl of Argyle and the Campbells. This gave rise to a number of bloody conflicts between the Campbells and the clan Donald in the years 1614, -15, and -16, which ended in the ruin of the latter.

The rival houses of Sutherland and Caithness had now lived on friendly terms for some years. After spending about eighteen months at court, and attending a convention of the estates at Edinburgh in July, 1598, John, sixth Earl of Sutherland, went to the Continent, where he remained till the month of September, 1600. The Earl of Caithness, deeming the absence of the Earl of Sutherland a fit opportunity for carrying into effect some designs against him, caused William Mackay to obtain leave from his brother Houcheon Mackay to hunt in the policy of Durines belonging to the Earl of Sutherland. The Earl of Caithness thereupon assembled all his vassals and dependents, and, under the pretence of hunting, made demonstrations for entering Sutherland or Strathnaver. As soon as Mackay was informed of his intentions, he sent a message to the Earl of Caithness, intimating to him that he would not permit him to enter either of these countries, or to cross the marches. The Earl of Caithness returned a haughty answer; but he did not carry his threat of invasion into execution on account of the arrival of the Earl of Sutherland from the Continent. As the Earl of Caithness still continued to threaten an invasion, the Earl of Sutherland collected his forces, in the month of July 1601, to oppose him. Mackay, with his countrymen, soon joined the Earl of Sutherland at Lagan-Gaincamhd in Dirichat, where he was soon also joined by the Monroes under Robert Monroe of Contaligh, and the laird of Assynt with his countrymen.

While the Earl of Sutherland’s force was thus assembling, the Earl of Caithness advanced towards Sutherland with his army. The two armies encamped at the distance of about three miles asunder, near the hill of Bengrime. In expectation of a battle on the morning after their encampment, the Sutherland men took up a position in a plain which lay between the two armies, called Leathad Reidh, than which a more convenient station could not have been selected. But the commodiousness of the plain was not the only reason for making the selection. There had been long a prophetic tradition in these countries that a battle was to be fought on this ground between the inhabitants of Sutherland, assisted by the Strathnaver men, and the men of Caithness; that although the Sutherland men were to be victorious their loss would be great, and that the loss of the Strathnaver men should even be greater, but that the Caithness men should be so completely overthrown that they should not be able, for a considerable length of time, to recover the blow which they were to receive. This superstitious idea made such an impression upon the minds of the men of Sutherland that it was with great difficulty they could be restrained from immediately attacking their enemies.

The Earl of Caithness, daunted by this circumstance, and being diffident of the fidelity of some of his people, whom he had used with great cruelty, sent messengers to the Earl of Sutherland expressing his regret at what had happened, stating that he was provoked to his present measures by the insolence of Mackay, who had repeatedly dared him to the attack, and that, if the Earl of Sutherland would pass over the affair, he would permit him and his army to advance twice as far into Caithness as he had marched into Sutherland. The Earl of Sutherland, on receipt of this offer, called a council of his friends to deliberate upon it. Mackay and some others advised the earl to decline the proposal, and attack the Earl of Caithness; while others of the earl’s advisers thought it neither fit nor reasonable to risk so many lives when such ample satisfaction was offered. A sort of middle course was, therefore, adopted by giving the Earl of Caithness an opportunity to escape if he inclined. The messengers were accordingly sent back with this answer, that if the Earl of Caithness and his army would remain where they lay till sunrise next morning they might be assured of an attack.

When this answer was delivered in the Earl of Caithness’ camp, his men got so alarmed that the earl, with great difficulty, prevented them from running away immediately. He remained on the field all night watching them in person, encouraging them to remain, and making great promises to them if they stood firm. But his entreaties were quite unavailing, for as soon as the morning dawned, on perceiving the approach of the Earl of Sutherland’s army, they fled from the field in the utmost confusion, jostling and overthrowing one another in their flight, and leaving their whole baggage behind them. The Earl of Sutherland resolved to pursue the flying enemy; but, before proceeding on the pursuit, his army collected a quantity of stones which they accumulated into a heap to commemorate the flight of the Caithness men, which heap was called Carn-Teiche, that is, the Flight Cairn.

Not wishing to encounter the Earl of Sutherland under the adverse circumstances which had occurred, the Earl of Caithness, after entering his own territories, sent a message to his pursuer to the effect that having complied with his request in withdrawing his army, he hoped hostile proceedings would cease, and that if the Earl of Sutherland should advance with his army into Caithness, Earl George would not hinder him; but he suggested to him the propriety of appointing some gentlemen on both sides to see the respective armies dissolved. The Earl of Sutherland acceded to this proposal, and sent George Gray of Cuttle, eldest son of Gilbert Gray of Sordell, with a company of resolute men into Caithness to see the army of the Earl of Caithness broken up. The Earl of Caithness, in his turn, despatched Alexander Bane, chief of the Caithness Banes, who witnessed the dismissal of the Earl of Sutherland’s army.[192]

About the period in question, great commotions took place in the north-west isles, in consequence of a quarrel between Donald Gorm Macdonald of Slate, and Sir Roderick Macleod of Harris, arising out of the following circumstances. Donald Gorm Macdonald, who had married the sister of Sir Roderick, instigated by jealousy, had conceived displeasure at her and put her away. Having complained to her brother of the treatment thus received, Sir Roderick sent a message to Macdonald requiring him to take back his wife. Instead of complying with this request, Macdonald brought an action of divorce against her, and having obtained decree therein, married the sister of Kenneth Mackenzie, lord of Kintail. Sir Roderick, who considered himself disgraced and his family dishonoured by such proceedings, assembled all his countrymen and his tribe, the Siol-Thormaid, without delay, and invaded with fire and sword the lands of Macdonald in the isle of Skye, to which he laid claim as his own. Macdonald retaliated by landing in Harris with his forces, which he laid waste, and after killing some of the inhabitants retired with a large booty in cattle. To make amends for this loss, Sir Roderick invaded Uist, which belonged to Macdonald, and despatched his cousin, Donald Glas Macleod, with 40 men, into the interior, to lay the island waste, and to carry off a quantity of goods and cattle, which the inhabitants had placed within the precincts of the church of Killtrynard as a sanctuary. This exploit turned out to be very serious, as Donald Macleod and his party were most unexpectedly attacked in the act of carrying off their prey, by John Mac-Iain-Mhic-Sheumais, a kinsman of Macdonald, at the head of a body of 12 men who had remained in the island, by whom Donald Macleod and the greater part of his men were cut to pieces, and the booty rescued. Sir Roderick, thinking that the force which had attacked his cousin was much greater than it was, retired from the island, intending to return on a future day with a greater force to revenge his loss.

This odious system of warfare continued till the hostile parties had almost exterminated one another; and to such extremities were they reduced by the ruin and desolation which followed, that they were compelled to eat horses, dogs, cats, and other animals, to preserve a miserable existence. To put an end, if possible, at once to this destructive contest, Macdonald collected all his remaining forces, with the determination of striking a decisive blow at his opponent; and accordingly, in the year 1601, he entered Sir Roderick’s territories with the design of bringing him to battle. Sir Roderick was then in Argyle, soliciting aid and advice from the Earl of Argyle against the clan Donald; but on hearing of the approach of Macdonald, Alexander Macleod, brother of Sir Roderick, resolved to try the result of a battle. Assembling, therefore, all the inhabitants of his brother’s lands, together with the whole tribe of the Siol-Thormaid, and some of the Siol-Thorquill, he encamped close by the hill of Benquhillin, in Skye, resolved to give battle to the clan Donald next morning. Accordingly, on the arrival of morning, an obstinate and deadly fight took place, which lasted the whole day, each side contending with the utmost valour for victory; but at length the clan Donald overthrew their opponents. Alexander Macleod was wounded and taken prisoner, along with Neill-Mac-Alastair-Ruaidh, and 30 others of the choicest men of the Siol-Thormaid. Iain-Mac-Thormaid and Thormaid-Mac-Thormaid, two near kinsmen of Sir Roderick, and several others, were slain.

After this affair, a reconciliation took place between Macdonald and Sir Roderick, at the solicitation of old Angus Macdonald of Kintyre, the laird of Coll, and other friends, when Macdonald delivered up to Sir Roderick the prisoners he had taken at Benquhillin; but although these parties never again showed any open hostility, they brought several actions at law against each other, the one claiming from the other certain parts of his possessions.

FOOTNOTES:

[188] Sir R. Gordon, p. 157.

[189] Sir R. Gordon, p. 199.

[190] Sir R. Gordon, pp. 226, 227, 228, 229.--Shaw’s Moray, pp. 266, 267, 268.

[191] History, p. 238.

[192] Sir Robert Gordon, p. 243.

Spotted a typo or a problem in this chapter? Tell us

IX. A.D. 1602-1613

KING OF SCOTLAND:-- James VI., 1567-1603.

KING OF GREAT BRITAIN:-- James I., 1603-1625.

Feud between the Colquhouns and Macgregors--Macgregors outlawed--Execution of their Chief--Quarrel between the clan Kenzie and Glengarry--Alister Mac-Uilleam-Mhoir beheaded--Lawless proceedings in Sutherland--Deadly quarrel in Dornoch--Meeting between the Earls of Caithness and Sutherland--Feud between the Murrays and some of the Siol-Thomais--Dissension in Moray among the Dunbars--Quarrel between the Earl of Caithness and the chief of the Mackays--Commotions in Lewis among the Macleods--Invasion of Lewis by Fife adventurers--Compelled to abandon it--Lord Kintail obtains possession of Lewis--Expulsion of Neill Macleod--Quarrel between the Laird of Rasay and Mackenzie of Gairloch--Disturbances in Caithness--Tumults in Caithness on the apprehension of Arthur Smith, a false coiner--Earl of Caithness prosecutes Donald Mackay and others--Dissensions among the clan Cameron.

In the early part of the year 1602 the west of Scotland was thrown into a state of great disorder, in consequence of the renewal of some old quarrels between Colquhoun of Luss, the chief of that surname, and Alexander Macgregor, chief of the clan Gregor. To put an end to these dissensions, Alexander Macgregor left Rannoch, accompanied by about 200 of his kinsmen and friends, entered Lennox, and took up his quarters on the confines of Luss’s territory, where he expected, by the mediation of his friends, to bring matters to an amicable adjustment. As the laird of Luss was suspicious of Macgregor’s real intentions, he assembled all his vassals, with the Buchanans and others, to the number of 300 horse and 500 foot, designing, if the result of the meeting should not turn out according to his expectations and wishes, to cut off Macgregor and his party. But Macgregor, anticipating Colquhon’s intention, was upon his guard, and, by his precautions, defeated the design upon him. A conference was held for the purpose of terminating all differences, but the meeting broke up without any adjustment: Macgregor then proceeded homewards. The laird of Luss, in pursuance of his plan, immediately followed Macgregor with great haste through Glenfreon, in the expectation of coming upon him unawares, and defeating him; but Macgregor, who was on the alert, observed, in due time, the approach of his pursuers, and made his preparations accordingly. He divided his company into two parts, the largest of which he kept under his own command, and placed the other part under the command of John Macgregor, his brother, whom he despatched by a circuitous route, for the purpose of attacking Luss’s party in the rear, when they should least expect to be assailed. This stratagem succeeded, and the result was, that after a keen contest, Luss’s party was completely overthrown, with the loss of 200 men, besides several gentlemen and burgesses of the town of Dumbarton. It is remarkable that of the Macgregors, John, the brother of Alexander, and another person, were the only killed, though some of the party were wounded.

The laird of Luss and his friends sent early notice of their disaster to the king, and by misrepresenting the whole affair to him, and exhibiting to his majesty eleven score bloody shirts, belonging to those of their party who were slain, the king grew exceedingly incensed at the clan Gregor, who had no person about the king to plead their cause, proclaimed them rebels, and interdicted all the lieges from harbouring or having any communication with them. The Earl of Argyle, with the Campbells, was afterwards sent against the proscribed clan, and hunted them through the country. About 60 of the clan made a brave stand at Bentoik against a party of 200 chosen men belonging to the clan Cameron, clan Nab, and clan Ronald, under the command of Robert Campbell, son of the laird of Glenorchy, when Duncan Aberigh, one of the chieftains of the clan Gregor, and his son Duncan, and seven gentlemen of Campbell’s party were killed. But although they made a brave resistance, and killed many of their pursuers, the Macgregors, after many skirmishes and great losses, were at last overcome. Commissions were thereafter sent through the kingdom, for fining those who had harboured any of the clan, and for punishing all persons who had kept up any communication with them, and the fines so levied were given by the king to the Earl of Argyle, as a recompense for his services against the unfortunate Macgregors.

Alexander Macgregor, the chief, after suffering many vicissitudes of fortune, at last surrendered himself to the Earl of Argyle, on condition that he should grant him a safe conduct into England to King James, that he might lay before his majesty a true state of the whole affair from the commencement, and crave the royal mercy; and as a security for his return to Scotland, he delivered up to Argyle thirty of his choicest men as hostages. But no sooner had Macgregor arrived at Berwick on his way to London, than he was basely arrested, brought back by the earl to Edinburgh, and, by his influence, executed along with the thirty hostages. Argyle hoped, by these means, ultimately to annihilate the whole clan; but in this cruel design he was quite disappointed, for the clan speedily increased, and became almost as powerful as before.[193]

While the Highland borders were thus disturbed by the warfare between the Macgregors and the Colquhouns, a commotion happened in the interior of the Highlands, in consequence of a quarrel between the clan Kenzie and the laird of Glengarry, who, according to Sir Robert Gordon, was “unexpert and unskilfull in the lawes of the realme.” From his want of knowledge of the law, the clan Kenzie are said by the same writer to have “easalie intrapped him within the compas thereof,” certainly by no means a difficult matter in those lawless times; they then procured a warrant for citing him to appear before the justiciary court at Edinburgh, which they took good care should not be served upon him personally. Either not knowing of these legal proceedings, or neglecting the summons, Glengarry did not appear at Edinburgh on the day appointed, but went about revenging the slaughter of two of his kinsmen, whom the clan Kenzie had killed after the summons for Glengarry’s appearance had been issued. The consequence was that Glengarry and some of his followers were outlawed. Through the interest of the Earl of Dunfermline, lord chancellor of Scotland, Kenneth Mackenzie, afterwards created Lord Kintail, obtained a commission against Glengarry and his people, which occasioned great trouble and much slaughter. Being assisted by many followers from the neighbouring country, Mackenzie, by virtue of his commission, invaded Glengarry’s territories, which he mercilessly wasted and destroyed with fire and sword. On his return, Mackenzie besieged the castle of Strome, which ultimately surrendered to him. To assist Mackenzie in this expedition, the Earl of Sutherland, in token of the ancient friendship which had subsisted between his family and the Mackenzies, sent 240 well equipped and able men, under the command of John Gordon of Embo. Mackenzie again returned into Glengarry, where he had a skirmish with a party commanded by Glengarry’s eldest son, in which the latter and 60 of his followers were slain. The Mackenzies also suffered some loss on this occasion. At last, after much trouble and bloodshed on both sides, an agreement was entered into, by which Glengarry renounced in favour of Kenneth Mackenzie, the castle of Strome and the adjacent lands.[194]

In the year 1605, the peace of the northern Highlands was somewhat disturbed by one of those atrocious occurrences so common at that time. The chief of the Mackays had a servant named Alastair-Mac-Uilleam-Mhoir. This man having some business to transact in Caithness, went there without the least apprehension of danger, as the Earls of Sutherland and Caithness had settled all their differences. No sooner, however, did the latter hear of Mac-Uilleam-Mhoir’s arrival in Caithness, than he sent Henry Sinclair, his bastard brother, with a party of men to kill him. Mac-Uilleam-Mhoir, being a bold and resolute man, was not openly attacked by Sinclair; but on entering the house where the former had taken up his residence, Sinclair and his party pretended that they had come on a friendly visit to him to enjoy themselves in his company. Not suspecting their hostile intentions, Alister invited them to sit down and drink with him; but scarcely had they taken their seats when they seized Mac-Uilleam-Mhoir, and carried him off prisoner to the Earl of Caithness, who caused him to be beheaded in his own presence, the following day. The fidelity of this unfortunate man to Mackay, his master, during the disputes between the Earls of Sutherland and Caithness, was the cause for which he suffered. Mackay, resolved upon getting the earl punished, entered a legal prosecution against him at Edinburgh, but by the mediation of the Marquis of Huntly the suit was quashed.[195]

In July, 1605, a murder was committed in Strathnaver, by Robert Gray of Hopsdale or Ospisdell, the victim being Angus Mac-Kenneth-Mac-Alister, one of the Siol-Mhurchaidh-Rhiabhaich. The circumstances leading to this will illustrate the utterly lawless and insecure state of the Highlands at this time. John Gray of Skibo held the lands of Ardinsh under John, the fifth of that name, Earl of Sutherland, as superior, which lands the grandfather of Angus Mac-Kenneth had in possession from John Mackay, son of Y-Roy-Mackay, who, before the time of this Earl John, possessed some lands in Breachat. When John Gray obtained the grant of Ardinsh from John the fifth, he allowed Kenneth Mac-Alister, the father of Angus Mac-Kenneth, to retain possession thereof, which he continued to do till about the year 1573. About this period a variance arose between John Gray and Hugh Murray of Aberscors, in consequence of some law-suits which they carried on against one another; but they were reconciled by Alexander, Earl of Sutherland, who became bound to pay a sum of money to John Gray, for Hugh Murray, who was in the meantime to get possession of the lands of Ardinsh in security. As John Gray still retained the property and kept Kenneth Mac-Alister in the possession thereof at the old rent, the Murrays took umbrage at him, and prevailed upon the Earl of Sutherland to grant a conveyance of the wadset or mortgage over Ardinsh in favour of Angus Murray, formerly bailie of Dornoch. In the meantime, Kenneth Mac-Alister died, leaving his son, Angus Mac-Kenneth, in possession. Angus Murray having acquired the mortgage, now endeavoured to raise the rent of Ardinsh, but Angus Mac-Kenneth refusing to pay more than his father had paid, was dispossessed, and the lands were let to William Mac-Iain-Mac-Kenneth, cousin of Angus Mac-Kenneth. This proceeding so exasperated Angus that he murdered his cousin William Mac-Kenneth, his wife, and two sons, under cloud of night, and so determined was he that no other person should possess the lands but himself, that he killed no less than nine other persons, who had successively endeavoured to occupy them. No others being disposed to occupy Ardinsh at the risk of their lives, and Angus Murray getting wearied of his possession, resigned his right to Gilbert Gray of Skibo, on the death of John Gray, his father. Gilbert thereafter conveyed the property to Robert Gray of Ospisdell, his second son; but Robert, being disinclined to allow Angus Mac-Kenneth, who had again obtained possession, to continue tenant, he dispossessed him, and let the land to one Finlay Logan, but this new tenant was murdered by Mac-Kenneth in the year 1604. Mac-Kenneth then fled into Strathnaver with a party composed of persons of desperate and reckless passions like himself, with the intention of annoying Robert Gray by their incursions. Gray having ascertained that they were in the parish of Creigh, he immediately attacked them and killed Murdo Mac-Kenneth, the brother of Angus, who made a narrow escape, and again retired into Strathnaver. Angus again returned into Sutherland in May 1605, and, in the absence of Robert Gray, burnt his stable, with some of his cattle, at Ospisdell. Gray then obtained a warrant against Mac-Kenneth, and having procured the assistance of a body of men from John Earl of Sutherland, entered Strathnaver and attacked Mac-Kenneth at the Cruffs of Hoip, and slew him.[196]

The Earl of Caithness, disliking the unquiet state in which he had for some time been forced to remain, made another attempt, in the month of July, 1607, to hunt in Bengrime, without asking permission from the Earl of Sutherland; but he was prevented from accomplishing his purpose by the sudden appearance in Strathully of the latter, attended by his friend Mackay, and a considerable body of their countrymen. Almost the whole of the inhabitants of Dornoch turned out on this occasion, and went to Strathully. During their absence a quarrel ensued in the town between one John Macphaill and three brothers of the name of Pope, in which one of the latter was killed; the circumstances leading to and attending which quarrel were these:--In the year 1585, William Pope, a native of Ross, settled in Sutherland, and being a man of good education, was appointed schoolmaster in Dornoch, and afterwards became its resident minister. He also received another clerical appointment in Caithness, by means of which, and of his other living, he became, in course of time, wealthy. This good success induced two younger brothers, Charles and Thomas, to leave their native country and settle in Sutherland. Thomas was soon made chancellor of Caithness and minister of Rogart. Charles became a notary public and a messenger-at-arms; and having, by his good conduct and agreeable conversation, ingratiated himself with the Earl of Sutherland, was appointed to the office of sheriff-clerk of Sutherland. The brothers soon acquired considerable wealth, which they laid out in the purchase of houses in the town of Dornoch, where they chiefly resided. Many of the inhabitants of the town envied their acquisitions, and took every occasion to insult them as intruders, who had a design, as they supposed, to drive the ancient inhabitants of the place from their possessions. On the occasion in question William and Thomas Pope, along with other ministers, had held a meeting at Dornoch on church affairs, on dissolving which they went to breakfast at an inn. While at breakfast, John Macphaill entered the house, and demanded some liquor from the mistress of the inn, but she refused to give him any, as she knew him to be a troublesome and quarrelsome person. Macphaill, irritated at the refusal, spoke harshly to the woman, and the ministers having made some excuse for her, Macphaill vented his abuse upon them. Being threatened by Thomas Pope, for his insolence, he pushed an arrow with a barbed head, which he held in his hand, into one of Pope’s arms. The parties then separated, but the two Popes being observed walking in the churchyard in the evening, with their swords girt about them, by Macphaill, who looked upon their so arming themselves as a threat, he immediately made the circumstance known to Houcheon Macphaill, his nephew, and one William Murray, all of whom entered the churchyard and assailed the two brothers with the most vituperative abuse. Charles Pope, learning the danger his brothers were in, immediately hastened to the spot, where he found the two parties engaged. Charles attacked Murray, whom he wounded in the face, whereupon Murray instantly killed him. William and Thomas were grievously wounded by Macphaill and his nephew, and left for dead, but they ultimately recovered. Macphaill and his nephew fled to Holland, where they ended their days. After this occurrence, the surviving brothers left Sutherland and went back into their own country. It is only by recording such comparatively unimportant incidents as this, apparently somewhat beneath the dignity of history, that a knowledge of the real state of the Highlands at this time can be conveyed.

By the mediation of the Marquis of Huntly, the Earls of Caithness and Sutherland again met at Elgin with their mutual friends, and once more adjusted their differences. On this occasion the Earl of Sutherland was accompanied by large parties of the Gordons, the Frasers, the Dunbars, the clan Kenzie, the Monroes, the clan Chattan, and other friends, which so displeased the Earl of Caithness, who was grieved to see his rival so honourably attended, that he could never afterwards be induced to meet again with the Earl of Sutherland or any of his family.

During the year 1608 a quarrel occurred in Sutherland between Iver Mac-Donald-Mac-Alister, one of the Siol-Thomais, and Alexander Murray in Auchindough. Iver and his eldest son, John, meeting one day with Alexander Murray and his son, Thomas, an altercation took place on some questions in dispute. From words they proceeded to blows, and the result was that John, the son of Iver, and Alexander Murray were killed. Iver then fled into Strathnaver, whither he was followed by Thomas Murray, accompanied by a party of 24 men, to revenge the death of his father. Iver, however, avoided them, and having assembled some friends, he attacked Murray unawares, at the hill of Binchlibrig, and compelled him to flee, after taking five of his men prisoners, whom he released after a captivity of five days. As the chief of the Mackays protected Iver, George Murray of Pulrossie took up the quarrel, and annoyed Iver and his party; but the matter was compromised by Mackay, who paid a sum of money to Pulrossie and Thomas Murray, as a reparation for divers losses they had sustained at Iver’s hands during his outlawry. This compromise was the more readily entered into by Pulrossie, as the Earl of Sutherland was rather favourable to Iver, and was by no means displeased at him for the injuries he did to Pulrossie, who had not acted dutifully towards him. Besides having lost his own son in the quarrel, who was killed by Thomas Murray, Iver was unjustly dealt with in being made the sole object of persecution.[197]

A civil dissension occurred about this time in Moray among the Dunbars, which nearly proved fatal to that family. To understand the origin of this dispute it is necessary to state the circumstances which led to it, and to go back to the period when Patrick Dunbar, sheriff of Moray, and tutor and uncle of Alexander Dunbar of Westfield, was killed, along with the Earl of Murray, at Donnibristle. Alexander did not enjoy his inheritance long, having died at Dunkeld, shortly after the death of his uncle, under circumstances which led to a suspicion that he had been poisoned. As he died without leaving any issue, he was succeeded by Alexander Dunbar, son of the above-mentioned Patrick, by a sister of Robert Dunbar of Burgy. This Alexander was a young man of great promise, and was directed in all his proceedings by his uncle Robert Dunbar of Burgy. Patrick Dunbar of Blery and Kilbuyack and his family, imagining that Robert Dunbar, to whom they bore a grudge, was giving advice to his nephew to their prejudice, conceived a deadly enmity at both, and seized every occasion to annoy the sheriff of Moray and his uncle. An accidental meeting having taken place between Robert Dunbar, brother of Alexander, and William Dunbar, son of Blery, high words were exchanged, and a scuffle ensued, in which William Dunbar received considerable injury in his person. Patrick Dunbar and his sons were so incensed at this occurrence that they took up arms and attacked their chief, Alexander Dunbar, sheriff of Moray, in the town of Forres, where he was shot dead by Robert Dunbar, son of Blery. John Dunbar, sheriff of Moray, who succeeded his brother Alexander, and his brother, Robert Dunbar of Burgy, endeavoured to bring the murderers of his brother to justice; but they failed in consequence of Alexander Dunbar being, at the time of his death, a rebel to the king, having been denounced at the horn for a civil cause. By negotiation, however, this deadly feud was stayed, and a sort of reconciliation effected by the friendly mediation of the Earl of Dunfermline, then Lord Chancellor of Scotland.[198]

In the year 1610 the Earl of Caithness and Houcheon Mackay, chief of the Mackays, had a difference in consequence of the protection given by the latter to a gentleman named John Sutherland, the son of Mackay’s sister. Sutherland lived in Berridale, under the Earl of Caithness, but he was so molested by the earl that he lost all patience, and went about avenging the injuries he had sustained. The earl, therefore, cited him to appear at Edinburgh to answer to certain charges made against him; but not obeying the summons, he was denounced and proclaimed a rebel to the king. Reduced, in consequence, to great extremities, and seeing no remedy by which he could retrieve himself, he became an outlaw, wasted and destroyed the earl’s country, and carried off herds of cattle, which he transported into Strathnaver, the country of his kinsman. The earl thereupon sent a party of the Siol-Mhic-Imheair to attack him, and, after a long search, they found him encamped near the water of Shin in Sutherland. He, however, was aware of their approach before they perceived him, and, taking advantage of this circumstance, attacked them in the act of crossing the water. They were in consequence defeated, leaving several of their party dead on the field.

This disaster exasperated the earl, who resolved to prosecute Mackay and his son, Donald Mackay, for giving succour and protection within their country to John Sutherland, an outlaw. Accordingly, he served both of them with a notice to appear before the Privy Council to answer to the charges he had preferred against them. Mackay at once obeyed the summons, and went to Edinburgh, where he met Sir Robert Gordon, who had come from England for the express purpose of assisting Mackay on the present occasion. The earl, who had grown tired of the troubles which John Sutherland had occasioned in his country, was induced, by the entreaties of friends, to settle matters on the following conditions:--That he should forgive John Sutherland all past injuries, and restore him to his former possessions; that John Sutherland and his brother Donald should be delivered, the one after the other, into the hands of the earl, to be kept prisoners for a certain time; and that Donald Mac-Thomais-Mhoir, one of the Sliochd-Iain-Abaraich, and a follower of John Sutherland in his depredations, should be also delivered up to the earl to be dealt with as to him should seem meet; all of which stipulations were complied with. The earl hanged Donald Mac-Thomais as soon as he was delivered up. John Sutherland was kept a prisoner at Girnigo about twelve months, during which time Donald Mackay made several visits to Earl George for the purpose of getting him released, in which he at last succeeded, besides procuring a discharge to Donald Sutherland, who, in his turn, should have surrendered himself as prisoner on the release of his brother John, but upon the condition that he and his father, Houcheon Mackay, should pass the next following Christmas with the earl at Girnigo. Mackay and his brother William, accordingly, spent their Christmas at Girnigo, but Donald Mackay was prevented by business from attending. The design of the Earl of Caithness in thus favouring Mackay, was to separate him from the interests of the Earl of Sutherland, but he was unsuccessful.

Some years before the events we have just related, a commotion took place in Lewis, occasioned by the pretensions of Torquill Connaldagh of the Cogigh to the possessions of Roderick Macleod of Lewis, his reputed father. Roderick had first married Barbara Stuart, daughter of Lord Methven, by whom he had a son named Torquill-Ire, who, on arriving at manhood, gave proofs of a warlike disposition. Upon the death of Barbara Stuart, Macleod married a daughter of Mackenzie, lord of Kintail, whom he afterwards divorced for adultery with the Breve of Lewis, a sort of judge among the islanders, to whose authority they submitted themselves. Macleod next married a daughter of Maclean, by whom he had two sons, Torquill Dubh and Tormaid.

In sailing from Lewis to Skye, Torquill-Ire, eldest son of Macleod, and 200 men, perished in a great tempest. Torquill Connaldagh, above mentioned, was the fruit of the adulterous connexion between Macleod’s second wife and the Breve, at least Macleod would never acknowledge him as his son. This Torquill being now of age, and having married a sister of Glengarry, took up arms against Macleod, his reputed father, to vindicate his supposed rights as Macleod’s son, being assisted by Tormaid, Ougigh, and Murthow, three of the bastard sons of Macleod. The old man was apprehended and detained four years in captivity, when he was released on condition that he should acknowledge Torquill Connaldagh as his lawful son. Tormaid Ougigh having been slain by Donald Macleod, his brother, another natural son of old Macleod, Torquill Connaldagh, assisted by Murthow Macleod, his reputed bastard brother, took Donald prisoner and carried him to Cogigh, but he escaped and fled to his father in Lewis, who was highly offended at Torquill for seizing his son Donald. Macleod then caused Donald to apprehend Murthow, and having delivered him to his father, he was imprisoned in the castle of Stornoway. As soon as Torquill heard of this occurrence, he went to Stornoway and attacked the fort, which he took, after a short siege, and released Murthow. He then apprehended Roderick Macleod, killed a number of his men, and carried off all the charters and other title-deeds of Lewis, which he gave in custody to the Mackenzies. Torquill had a son named John Macleod, who was in the service of the Marquis of Huntly; he now sent for him, and on his arrival committed to him the charge of the castle of Stornoway in which old Macleod was imprisoned. John Macleod being now master of Lewis, and acknowledged superior thereof, proceeded to expel Rorie-Og and Donald, two of Roderick Macleod’s bastard sons, from the island; but Rorie-Og attacked him in Stornoway, and after killing him, released Roderick Macleod, his father, who possessed the island in peace during the remainder of his life. Torquill Connaldagh, by the assistance of the clan Kenzie, got Donald Macleod into his possession, and executed him at Dingwall.

Upon the death of Roderick Macleod, his son Torquill Dubh succeeded him in Lewis. Taking a grudge at Rorie-Og, his brother, he apprehended him, and sent him to Maclean to be detained in prison; but he escaped out of Maclean’s hands, and afterwards perished in a snow-storm. As Torquill Dubh excluded Torquill Connaldagh from the succession of Lewis, as a bastard, the clan Kenzie formed a design to purchase and conquer Lewis, which they calculated on accomplishing on account of the simplicity of Torquill Connaldagh, who had now no friend to advise with, and from the dissensions which unfortunately existed among the race of the Siol-Torquill. This scheme, moreover, received the aid of a matrimonial alliance between Torquill Connaldagh and the clan, by a marriage between his eldest daughter and Roderick Mackenzie, the lord of Kintail’s brother. The clan did not avow their design openly, but they advanced their enterprise under the pretence of assisting Torquill Connaldagh, who was a descendant of the Kintail family, and they ultimately succeeded in destroying the family of Macleod of Lewis, together with his tribe, the Siol-Torquill, and by the ruin of that family and some neighbouring clans, this ambitious clan made themselves complete masters of Lewis and other places. As Torquill Dubh was the chief obstacle in their way, they formed a conspiracy against his life, which, by the assistance of the Breve, they were enabled to carry out successfully. The Breve, by stratagem, managed to obtain possession of Torquill Dubh and some of his friends, and deliver them to the lord of Kintail, who ordered them to be beheaded, which they accordingly were in July, 1597.

Some gentlemen belonging to Fife, hearing of these disturbances in Lewis, obtained from the king, in 1598, a gift of the island, their professed object being to civilize the inhabitants, their real design, however, being, by means of a colony, to supplant the inhabitants, and drive them from the island. A body of soldiers and artificers of all sorts were sent, with every thing necessary for a plantation, into Lewis, where, on their arrival, they began to erect houses in a convenient situation, and soon completed a small but neat town, in which they took up their quarters. The new settlers were, however, much annoyed in their operations by Neill and Murthow Macleod, the only sons of Roderick Macleod who remained in the island. The speculation proved ruinous to many of the adventurers, who, in consequence of the disasters they met with, lost their estates, and were in the end obliged to quit the island.

In the meantime, Neill Macleod quarrelled with his brother Murthow, for harbouring and maintaining the Breve and such of his tribe as were still alive, who had been the chief instruments in the murder of Torquill Dubh. Neill thereupon apprehended his brother, and some of the clan Mhic-Ghille-Mhoir, all of whom he killed, reserving his brother only alive. When the Fife speculators were informed that Neill had taken Murthow, his brother, prisoner, they sent him a message offering to give him a share of the island, and to assist him in revenging the death of Torquill Dubh, provided he would deliver Murthow into their hands. Neill agreed to this proposal, and having gone thereafter to Edinburgh, he received a pardon from the king for all his past offences.

These proceedings frustrated for a time the designs of the Mackenzies upon the island, and the lord of Kintail almost despaired of obtaining possession by any means. As the new settlers now stood in his way, he resolved to desist from persecuting the Siol-Torquill, and to cross the former in their undertakings, by all the means in his power. He had for some time kept Tormaid Macleod, the lawful brother of Torquill Dubh, a prisoner; but he now released him, thinking that upon his appearance in the Lewis all the islanders would rise in his favour; and he was not deceived in his expectations, for, as Sir Robert Gordon observes, “all these islanders, (and lykwayes the Hielanders,) are, by nature, most bent and prone to adventure themselves, their lyffs, and all they have, for their masters and lords, yea beyond all other people.”[199] In the meantime Murthow Macleod was carried to St. Andrews, and there executed. Having at his execution revealed the designs of the lord of Kintail, the latter was committed, by order of the king, to the castle of Edinburgh, from which, however, he contrived to escape without trial, by means, as is supposed, of the then Lord-Chancellor of Scotland.

On receiving pardon Neill Macleod returned into Lewis with the Fife adventurers; but he had not been long in the island when he quarrelled with them on account of an injury he had received from Sir James Spence of Wormistoun. He therefore abandoned them, and watched a favourable opportunity for attacking them. They then attempted to apprehend him by a stratagem, but only succeeded in bringing disaster upon themselves. Upon hearing of this, the lord of Kintail thought the time was now suitable for him to stir, and accordingly he sent Tormaid Macleod into Lewis, as he had intended, promising him all the assistance in his power if he would attack the Fife settlers.

As soon as Tormaid arrived in the island, his brother Neill and all the natives assembled and acknowledged him as their lord and master. He immediately attacked the camp of the adventurers, which he forced, burnt the fort, killed the greater part of their men, took the commanders prisoners, whom he released, after a captivity of eight months, on their solemn promise not to return again to the island, and on their giving a pledge that they should obtain a pardon from the king for Tormaid and his followers for all past offences. After Tormaid had thus obtained possession of the island, John Mac-Donald-Mac-Houcheon apprehended Torquill Connaldagh, and carried him into Lewis to his brother, Tormaid Macleod. Tormaid inflicted no punishment upon Connaldagh, but merely required from him delivery of the title-deeds of Lewis, and the other papers which he had carried off when he apprehended his father Roderick Macleod. Connaldagh informed him that he had it not in his power to give them up, as he had delivered them to the clan Kenzie, in whose possession they still were. Knowing this to be the fact, Tormaid released Torquill Connaldagh, and allowed him to leave the island, contrary to the advice of all his followers and friends, who were for inflicting the punishment of death upon Torquill, as he had been the occasion of all the miseries and troubles which had befallen them.

The Breve of Lewis soon met with a just punishment for the crime he had committed in betraying and murdering his master, Torquill Dubh Macleod. The Breve and some of his relations had taken refuge in the country of Assynt. John Mac-Donald-Mac-Houcheon, accompanied by four persons, having accidentally entered the house where the Breve and six of his kindred lodged, found themselves unexpectedly in the same room with them. Being of opposite factions, a fight immediately ensued, in the course of which the Breve and his party fled out of the house, but were pursued by John and his men, and the Breve and five of his friends killed.

Although the Fife settlers had engaged not to return again into Lewis, they nevertheless made preparations for invading it, having obtained the king’s commission against Tormaid Macleod and his tribe, the Siol-Torquill. They were aided in this expedition by forces from all the neighbouring counties, and particularly by the Earl of Sutherland, who sent a party of men under the command of William Mac-Mhic-Sheumais, chief of the clan Gun in Sutherland, to assist in subduing Tormaid Macleod. As soon as they had effected a landing in the island with all their forces, they sent a message to Macleod, acquainting him that if he would surrender himself to them, in name of the king, they would transport him safely to London, where his majesty then was; and that, upon his arrival there, they would not only obtain his pardon, but also allow him to deal with the king in behalf of his friends, and for the means of supporting himself. Macleod, afraid to risk his fortune against the numerous forces brought against him, agreed to the terms proposed, contrary to the advice of his brother Neill, who refused to yield. Tormaid was thereupon sent to London, where he took care to give the king full information concerning all the circumstances of his case; he showed his majesty that Lewis was his just inheritance, and that his majesty had been deceived by the Fife adventurers in making him believe that the island was at his disposal, which act of deception had occasioned much trouble and a great loss of blood. He concluded by imploring his majesty to do him justice by restoring him to his rights. Understanding that Macleod’s representations were favourably received by his majesty, the adventurers used all their influence at court to thwart him; and as some of them were the king’s own domestic servants, they at last succeeded so far as to get him to be sent home to Scotland a prisoner in 1605. He remained a captive at Edinburgh till the month of March, 1615, when the king granted him permission to pass into Holland, to Maurice, Prince of Orange, where he ended his days. The settlers soon grew wearied of their new possession, and as all of them had declined in their circumstances in this luckless speculation, and as they were continually annoyed by Neill Macleod, they finally abandoned the island, and returned to Fife to bewail their loss.

Lord Kintail, now no longer disguising his intentions, obtained, through means of the Lord Chancellor, a gift of Lewis, under the great seal, for his own use, in virtue of the old right which Torquill Connaldagh had long before resigned in his favour. Some of the adventurers having complained to the king of this proceeding, his majesty became highly displeased at Kintail, and made him resign his right into his majesty’s hands by means of Lord Balmerino, then Secretary of Scotland, and Lord President of the session; which right his majesty now (1608) vested in the persons of Lord Balmerino, Sir George Hay, afterwards Chancellor of Scotland, and Sir James Spence of Wormistoun. Balmerino, on being convicted of high treason in 1609, lost his share, but Hay and Spence undertook the colonization of Lewis, and accordingly made great preparations for accomplishing their purpose. Being assisted by most of the neighbouring countries, they invaded Lewis for the double object of planting a colony, and of subduing and apprehending Neill Macleod, who now alone defended the island.

On this occasion Lord Kintail played a double part, for while he sent Roderick Mackenzie, his brother, with a party of men openly to assist the new colonists who acted under the king’s commission,--promising them at the same time his friendship, and sending them a vessel from Ross with a supply of provisions,--he privately sent notice to Neill Macleod to intercept the vessel on her way; so that the settlers, being disappointed in the provisions to which they trusted, might abandon the island for want. The case turned out exactly as Lord Kintail anticipated, as Sir George Hay and Sir James Spence abandoned the island, leaving a party of men behind to keep the fort, and disbanded their forces, returning into Fife, intending to have sent a fresh supply of men, with provisions, into the island. But Neill Macleod having, with the assistance of his nephew, Malcolm Macleod, son of Roderick Og, burnt the fort, and apprehended the men who were left behind in the island, whom he sent safely home, the Fife gentlemen abandoned every idea of again taking possession of the island, and sold their right to Lord Kintail. He likewise obtained from the king a grant of the share of the island forfeited by Balmerino, and thus at length acquired what he had so long and anxiously desired.[200]

Lord Kintail lost no time in taking possession of the island,--and all the inhabitants, shortly after his landing, with the exception of Neill Macleod and a few others, submitted to him. Neill, along with his nephews, Malcolm, William, and Roderick, the three sons of Roderick Og, the four sons of Torquill Blair, and thirty others, retired to an impregnable rock in the sea called Berrissay, on the west of Lewis, into which Neill had been accustomed, for some years, to send provisions and other necessary articles to serve him in case of necessity. Neill lived on this rock for three years, Lord Kintail in the meantime dying in 1611. As Macleod could not be attacked in his impregnable position, and as his proximity was a source of annoyance, the clan Kenzie fell on the following expedient to get quit of him. They gathered together the wives and children of those that were in Berrissay, and also all persons in the island related to them by consanguinity or affinity, and having placed them on a rock in the sea, so near Berrissay that they could be heard and seen by Neill and his party, the clan Kenzie vowed that they would suffer the sea to overwhelm them, on the return of the flood-tide, if Neill did not instantly surrender the fort. This appalling spectacle had such an effect upon Macleod and his companions, that they immediately yielded up the rock and left Lewis.

Neill Macleod then retired into Harris, where he remained concealed for a time; but not being able to avoid discovery any longer, he gave himself up to Sir Roderick Macleod of Harris, and entreated him to carry him into England to the king, a request with which Sir Roderick promised to comply. In proceeding on his journey, however, along with Macleod, he was charged at Glasgow, under pain of treason, to deliver up Neill to the privy council. Sir Roderick obeyed the charge, and Neill, with his eldest son Donald, were presented to the privy council at Edinburgh, where Neill was executed in April 1613. His son Donald was banished from the kingdom of Scotland, and immediately went to England, where he remained three years with Sir Robert Gordon, tutor of Sutherland, and from England he afterwards went to Holland, where he died.

After the death of Neill Macleod, Roderick and William, the sons of Roderick Og, were apprehended by Roderick Mackenzie, tutor of Kintail, and executed. Malcolm Macleod, his third son, who was kept a prisoner by Roderick Mackenzie, escaped, and having associated himself with the clan Donald in Islay and Kintyre during their quarrel with the Campbells in 1615-16, he annoyed the clan Kenzie with frequent incursions. Malcolm, thereafter, went to Flanders and Spain, where he remained with Sir James Macdonald. Before going to Spain, he returned from Flanders into Lewis in 1616, where he killed two gentlemen of the clan Kenzie. He returned from Spain in 1620, and the last that is heard of him is in 1626, when commissions of fire and sword were granted to Lord Kintail against “Malcolm Macquari Macleod.”[201]

From the occurrences in Lewis, we now direct the attention of our readers to some proceedings in the isle of Rasay, which ended in bloodshed. The quarrel lay between Gille-Chalum, laird of the island, and Murdo Mackenzie of Gairloch, and the occasion was as follows. The lands of Gairloch originally belonged to the clan Mhic-Ghille-Chalum, the predecessors of the laird of Rasay; and when the Mackenzies began to prosper and to rise, one of them obtained the third part of these lands in mortgage or wadset from the clan Mhic-Ghille-Chalum. In process of time the clan Kenzie, by some means or other, unknown to the proprietor of Gairloch, obtained a right to the whole of these lands, but they did not claim possession of the whole till the death of Torquill Dubh Macleod of Lewis, whom the laird of Rasay and his tribe followed as their superior. But upon the death of Torquill Dubh, the laird of Gairloch took possession of the whole of the lands of Gairloch in virtue of his pretended right, and chased the clan Mhic-Ghille-Chalum from the lands with fire and sword. The clan retaliated in their turn by invading the laird of Gairloch, plundering his lands and committing slaughters. In a skirmish which took place in the year 1610, in which lives were lost on both sides, the laird of Gairloch apprehended John Mac-Alain-Mac-Rory, one of the principal men of the clan; but being desirous to get hold also of John Holmoch-Mac-Rory, another of the chiefs, he sent his son Murdo the following year along with Alexander Bane, the son and heir of Bane of Tulloch in Ross, and some others, to search for and pursue John Holmoch; and as he understood that John Holmoch was in Skye, he hired a ship to carry his son and party thither; but instead of going to Skye, they unfortunately, from some unknown cause, landed in Rasay.

On their arrival in Rasay in August 1611, Gille-Chalum, laird of Rasay, with some of his followers, went on board, and unexpectedly found Murdo Mackenzie in the vessel. After consulting with his men, he resolved to take Mackenzie prisoner, in security for his cousin, John Mac-Alain-Mac-Rory, whom the laird of Gairloch detained in captivity. The party then attempted to seize Mackenzie, but he and his party resisting, a keen conflict took place on board, which continued a considerable time. At last, Murdo Mackenzie, Alexander Bane, and the whole of their party, with the exception of three, were slain. These three fought manfully, killing the laird of Rasay and the whole men who accompanied him on board, and wounding several persons that remained in the two boats. Finding themselves seriously wounded, they took advantage of a favourable wind, and sailed away from the island, but expired on the voyage homewards. From this time the Mackenzies appear to have uninterruptedly held possession of Gairloch.[202]

About the time this occurrence took place, the peace of the north was almost again disturbed in consequence of the conduct of William Mac-Angus-Roy, one of the clan Gun, who, though born in Strathnaver, had become a servant to the Earl of Caithness. This man had done many injuries to the people of Caithness by command of the earl; and the mere displeasure of Earl George at any of his people, was considered by William Mac-Angus as sufficient authority for him to steal and take away their goods and cattle. William got so accustomed to this kind of service, that he began also to steal the cattle and horses of the earl, his master, and, after collecting a large booty in this way, he took his leave. The earl was extremely enraged at his quondam servant for so acting; but, as William Mac-Angus was in possession of a warrant in writing under the earl’s own hand, authorizing him to act as he had done towards the people of Caithness, the earl was afraid to adopt any proceedings against him, or against those who protected and harboured him, before the Privy Council, lest he might produce the warrant which he held from the earl. The confidence which the earl had reposed in him served, however, still more to excite the earl’s indignation.

As William Mac-Angus continued his depredations in other quarters, he was apprehended in the town of Tain, on a charge of cattle-stealing; but he was released by the Monroes, who gave security to the magistrates of the town for his appearance when required, upon due notice being given that he was wanted for trial. On attempting to escape he was re-delivered to the provost and bailies of Tain, by whom he was given up to the Earl of Caithness, who put him in fetters, and imprisoned him within Castle Sinclair (1612). He soon again contrived to escape, and fled into Strathnaver, the Earl of Caithness sending his son, William, Lord Berridale, in pursuit of him. Missing the fugitive, he, in revenge, apprehended a servant of Mackay, called Angus Henriach, without any authority from his majesty, and carried him to Castle Sinclair, where he was put into fetters and closely imprisoned on the pretence that he had assisted William Mac-Angus in effecting his escape. When this occurrence took place, Donald Mackay, son of Houcheon Mackay, the chief, was at Dunrobin castle, and he, on hearing of the apprehension and imprisonment of his father’s servant, could scarcely be made to believe the fact on account of the friendship which had been contracted between his father and the earl the preceding Christmas. But being made sensible thereof, and of the cruel usage which the servant had received, he prevailed on his father to summon the earl and his son to answer to the charge of having apprehended and imprisoned Angus Henriach, a free subject of the king, without a commission. The earl was also charged to present his prisoner before the privy council at Edinburgh in the month of June next following, which he accordingly did; and Angus being tried before the lords and declared innocent, was delivered over to Sir Robert Gordon, who then acted for Mackay.[203]

During the same year (1612) another event occurred in the north, which created considerable uproar and discord in the northern Highlands. A person of the name of Arthur Smith, who resided in Banff, had counterfeited the coin of the realm, in consequence of which he, and a man who had assisted him, fled from Banff into Sutherland, where being apprehended in the year 1599, they were sent by the Countess of Sutherland to the king, who ordered them to be imprisoned in Edinburgh for trial. They were both accordingly tried and condemned, and having confessed to crimes even of a deeper dye, Smith’s accomplice was burnt at the place of execution. Smith himself was reserved for farther trial. By devising a lock of rare and curious workmanship, which took the fancy of the king, he ultimately obtained his release and entered into the service of the Earl of Caithness. His workshop was under the rock of Castle Sinclair, in a quiet retired place called the Gote, and to which there was a secret passage from the earl’s bedchamber. No person was admitted to Smith’s workshop but the earl; and the circumstance of his being often heard working during the night, raised suspicions that some secret work was going on which could not bear the light of day. The mystery was at last disclosed by an inundation of counterfeit coin in Caithness, Orkney, Sutherland, and Ross, which was first detected by Sir Robert Gordon, brother to the Earl of Sutherland, when in Scotland, in the year 1611, and he, on his return to England, made the king acquainted therewith. A commission was granted to Sir Robert to apprehend Smith, and bring him to Edinburgh, but he was so much occupied with other concerns that he intrusted the commission to Donald Mackay, his nephew, and to John Gordon, younger of Embo, whose name was jointly inserted in the commission along with that of Sir Robert. Accordingly, Mackay and Gordon, accompanied by Adam Gordon Georgeson John, Gordon in Broray, and some other Sutherland men, went, in May, 1612, to Strathnaver, and assembling some of the inhabitants, they marched into Caithness next morning, and entered the town of Thurso, where Smith then resided.

After remaining about three hours in the town, the party went to Smith’s house and apprehended him. On searching his house they found a quantity of spurious gold and silver coin. Donald Mackay caused Smith to be put on horseback, and then rode off with him out of the town. To prevent any tumult among the inhabitants, Gordon remained behind with some of his men to show them, if necessary, his Majesty’s commission for apprehending Smith. Scarcely, however, had Mackay left the town, when the town-bell was rung and all the inhabitants assembled. There were present in Thurso at the time, John Sinclair of Stirkage, son of the Earl of Caithness’s brother, James Sinclair, brother of the laird of Dun, James Sinclair of Dyrren, and other friends, on a visit to Lady Berridale. When information was brought them of the apprehension of Smith, Sinclair of Stirkage, transported with rage, swore that he would not allow any man, no matter whose commission he held, to carry away his uncle’s servant in his uncle’s absence. A furious onset was made upon Gordon, but his men withstood it bravely, and after a warm contest, the inhabitants were defeated with some loss, and obliged to retire to the centre of the town. Donald Mackay hearing of the tumult, returned to the town to aid Gordon, but the affair was over before he arrived, Sinclair of Stirkage having been killed. To prevent the possibility of the escape or rescue of Smith, he was killed by the Strathnaver men as soon as they heard of the tumult in the town.

The Earl of Caithness resolved to prosecute Donald Mackay, John Gordon, younger of Embo, with their followers, for the slaughter of Sinclair of Stirkage, and the mutilation of James Sinclair, brother of the laird of Dun, and summoned them, accordingly, to appear at Edinburgh. On the other hand, Sir Robert Gordon and Donald Mackay prosecuted the Earl of Caithness and his son, Lord Berridale, with several other of their countrymen, for resisting the king’s commission, attacking the commissioners, and apprehending Angus Henriach, without a commission, which was declared treason by the laws. The Earl of Caithness endeavoured to make the Privy Council believe that the affair at Thurso arose out of a premeditated design against him, and that Sir Robert Gordon’s intention in obtaining a commission against Arthur Smith was, under the cloak of its authority, to find means to slay him and his brethren; and that, in pursuance of his plan, Sir Robert had, a little before the skirmish in Thurso, caused the earl to be denounced and proclaimed as a rebel to the king, and had lain in wait to kill him; Sir Robert, however, showed the utter groundlessness of these charges to the Lords of the Council.

On the day appointed for appearance, the parties met at Edinburgh, attended by their respective friends. The Earl of Caithness and his son, Lord Berridale, were accompanied by the Lord Gray, the laird of Roslin, the laird of Cowdenknowes, a son of the sister of the Earl of Caithness, and the lairds of Murkle and Greenland, brothers of the earl, along with a large retinue of subordinate attendants. Sir Robert Gordon and Donald Mackay were attended by the Earl of Winton and his brother, the Earl of Eglinton, with all their followers, the Earl of Linlithgow, with the Livingstones, Lord Elphinston, with his friends, Lord Forbes, with his friends, the Drummonds, Sir John Stuart, captain of Dumbarton, and bastard son of the Duke of Lennox; Lord Balfour, the laird of Lairg Mackay in Galloway; the laird of Foulis, with the Monroes, the laird of Duffus, some of the Gordons, as Sir Alexander Gordon, brother of the Earl of Sutherland, Cluny, Lesmoir, Buckie, Knokespock, with other gentlemen of respectability. The absence of the Earl of Sutherland and Houcheon Mackay mortified the Earl of Caithness, who could not conceal his displeasure at being so much overmatched in the respectability and number of attendants by seconds and children, as he was pleased to call his adversaries.

According to the usual practice on such occasions, the parties were accompanied by their respective friends, from their lodgings, to the house where the council was sitting; but few were admitted within. The council spent three days in hearing the parties and deliberating upon the matters brought before them, but they came to no conclusion, and adjourned their proceedings till the king’s pleasure should be known. In the meantime the parties, at the entreaty of the Lords of the Council, entered into recognizances to keep the peace, in time coming, towards each other, which extended not only to their kinsmen, but also to their friends and dependants.

The king, after fully considering the state of affairs between the rival parties, and judging that if the law were allowed to take its course the peace of the northern countries might be disturbed by the earls and their numerous followers, proposed to the Lords of the Privy Council to endeavour to prevail upon them to submit their differences to the arbitration of mutual friends. Accordingly, after a good deal of entreaty and reasoning, the parties were persuaded to agree to the proposed measure. A deed of submission was then subscribed by the Earl of Caithness and William, Lord Berridale, on the one part, and by Sir Robert Gordon and Donald Mackay on the other part, taking burden on them for the Earl of Sutherland and Mackay. The arbiters appointed by Sir Robert Gordon were the Earl of Kinghorn, the Master of Elphinston, the Earl of Haddington, afterwards Lord Privy Seal of Scotland, and Sir Alexander Drummond of Meidhop. The Archbishop of Glasgow, Sir John Preston, Lord President of the Council, Lord Blantyre, and Sir William Oliphant, Lord Advocate, were named by the Earl of Caithness. The Earl of Dunfermline, Lord-Chancellor of Scotland, was chosen oversman and umpire by both parties. As the arbiters had then no time to hear the parties, or to enter upon the consideration of the matters submitted to them, they appointed them to return to Edinburgh in the month of May, 1613.

At the appointed time, the Earl of Caithness and his brother, Sir John Sinclair of Greenland, came to Edinburgh, Sir Robert Gordon arriving at the same time from England. The arbiters, however, who were all members of the Privy Council, being much occupied with state affairs, did not go into the matter, but made the parties subscribe a new deed of submission, under which they gave authority to the Marquis of Huntly, by whose friendly offices the differences between the two houses had formerly been so often adjusted, to act in the matter by endeavouring to bring about a fresh reconciliation. As the marquis was the cousin-german of the Earl of Sutherland, and brother-in-law of the Earl of Caithness, who had married his sister, the council thought him the most likely person to be intrusted with such an important negotiation. The marquis, however, finding the parties obstinate, and determined not to yield a single point of their respective claims and pretensions, declined to act farther in the matter, and remitted the whole affair back to the Privy Council.

During the year 1613 the peace of Lochaber was disturbed by dissensions among the clan Cameron. The Earl of Argyle, reviving an old claim acquired in the reign of James V., by Colin, the third earl, endeavoured to obtain possession of the lands of Lochiel, mainly to weaken the influence of his rival the Marquis of Huntly, to whose party the clan Cameron were attached. Legal proceedings were instituted by the earl against Allan Cameron of Lochiel, who, hastening to Edinburgh, was there advised by Argyle to submit the matter to arbiters. The decision was in favour of the earl, from whom Lochiel consented to hold his lands as a vassal. This, of course, highly incensed the Marquis of Huntly, who resolved to endeavour to effect the ruin of his quondam vassal by fomenting dissensions among the clan Cameron, inducing the Camerons of Erracht, Kinlochiel, and Glennevis to become his immediate vassals in those lands which Lochiel had hitherto held from the family of Huntly. Lochiel, failing to induce his kinsmen to renew their allegiance to him, again went to Edinburgh to consult his lawyers as to the course which he ought to pursue. While there, he heard of a conspiracy by the opposite faction against his life, which induced him to hasten home, sending word privately to his friends--the Camerons of Callart, Strone, Letterfinlay, and others--to meet him on the day appointed for the assembling of his opponents, near the spot where the latter were to meet.

On arriving at the appointed rendezvous, Lochiel placed in ambush all his followers but six, with whom he advanced towards his enemies, informing them that he wished to have a conference with them. The hostile faction, thinking this a favourable opportunity for accomplishing their design, pursued the chief, who, when he had led them fairly into the midst of his ambushed followers, gave the signal for their slaughter. Twenty of their principal men were killed, and eight taken prisoners, Lochiel allowing the rest to escape. Lochiel and his followers were by the Privy Council outlawed, and a commission of fire and sword granted to the Marquis of Huntly and the Gordons, for their pursuit and apprehension. The division of the clan Cameron which supported Lochiel continued for several years in a state of outlawry, but, through the influence of the Earl of Argyle, appears not to have suffered extremely.[204]

FOOTNOTES:

[193] Sir R. Gordon, p. 247.

[194] Sir R. Gordon, p. 248.

[195] Sir R. Gordon, p. 253.

[196] Sir R. Gordon, p. 254.

[197] Sir R. Gordon, p. 259.

[198] Sir R. Gordon, p. 261.

[199] History, p. 271.

[200] Gordon, p. 274; Gregory’s Western Highlands, p. 334.

[201] Gregory, p. 337.

[202] Sir Robert Gordon, p. 278.

[203] Sir R. Gordon, p. 281.

[204] Gregory’s Western Highlands, p. 342.

Spotted a typo or a problem in this chapter? Tell us

X. A.D. 1613-1623

KING OF GREAT BRITAIN:--James I., 1603-1625.

Continued animosity between the Earls of Caithness and Sutherland--The latter imprisoned as a suspected Catholic--Formidable Rebellion in the South Hebrides--Suppressed by the Earl of Argyle--Fresh intrigues of the Earl of Caithness--His oppressions--Burning of the corn at Sanset--Legal proceedings against the Guns--Agreement between the Earl of Caithness, Sir Robert Gordon, and Lord Forbes--Lord Berridale imprisoned--Conditions of release--Put in possession of the family Estates--Alliance between the Earl of Caithness and Sir Donald Mackay--Sir Robert Gordon protects the clan Gun--Mackay’s attempts against the Clan--Mackay and Sir Robert Gordon reconciled--Quarrel between the Earl of Enzie and the clan Chattan--Slaughter of Thomas Lindsay--Hostile preparations against the Earl of Caithness--Expedition into Caithness--Flight of the Earl--Reduction and pacification of Caithness.

As the Privy Council showed no inclination to decide the questions submitted to them by the Earl of Caithness and his adversaries, the earl sent his brother, Sir John Sinclair of Greenland, to Edinburgh, to complain of the delay which had taken place, and desired him to throw out hints, that if the earl did not obtain satisfaction for his supposed injuries, he would take redress at his own hands. The earl thought that he would succeed, by such a threat, in moving the council to decide in his favour, for he was well aware that he was unable to carry it into execution. To give some appearance of an intention to enforce it, he, in the month of October, 1613, while the Earl of Sutherland, his brothers and nephews, were absent from the country, made a demonstration of invading Sutherland or Strathnaver, by collecting his forces at a particular point, and bringing thither some pieces of ordnance from Castle Sinclair. The Earl of Sutherland, having arrived in Sutherland while the Earl of Caithness was thus employed, immediately assembled some of his countrymen, and, along with his brother Sir Alexander, went to the marches between Sutherland and Caithness, near the height of Strathully, where they waited the approach of the Earl of Caithness. Here they were joined by Mackay, who had given notice of the Earl of Caithness’s movements to the lairds of Foulis, Balnagown, and Assynt, the sheriff of Cromarty, and the tutor of Kintail, all of whom prepared themselves to assist the Earl of Sutherland. The Earl of Caithness, however, by advice of his brother, Sir John Sinclair, returned home and disbanded his force.

To prevent the Earl of Caithness from attempting any farther interference with the Privy Council, either in the way of intrigue or intimidation, Sir Robert Gordon obtained a remission and pardon from the king, in the month of December, 1613, to his nephew, Donald Mackay, John Gordon, younger of Embo, John Gordon in Broray, Adam Gordon Georgeson, and their accomplices, for the slaughter of John Sinclair of Stirkage at Thurso. However, Sir Gideon Murray, Deputy Treasurer for Scotland, contrived to prevent the pardon passing through the seals till the beginning of the year 1616.

The Earl of Caithness, being thus baffled in his designs against the Earl of Sutherland and his friends, fell upon a device which never failed to succeed in times of religious intolerance and persecution. Unfortunately for mankind and for the interests of Christianity, the principles of religious toleration, involving the inalienable right of every man to worship God according to the dictates of his conscience, have been till of late but little understood, and at the period in question, and for upwards of one hundred and sixty years thereafter, the statute book of Scotland was disgraced by penal enactments against the Catholics, almost unparalleled for their sanguinary atrocity. By an act of the first parliament of James VI., any Catholic who assisted at the offices of his religion was, “for the first fault,” that is, for following the dictates of his conscience, to suffer confiscation of all his goods, movable and immovable, personal and real; for the second, banishment; and death for the third fault! But the law was not confined to overt acts only--the mere suspicion of being a Catholic placed the suspected person out of the pale and protection of the law; for if, on being warned by the bishops and ministers, he did not recant and give confession of his faith according to the approved form, he was excommunicated, and declared infamous and incapable to sit or stand in judgment, pursue or bear office.[205]

Under this last-mentioned law the Earl of Caithness now sought to gratify his vengeance against the Earl of Sutherland. Having represented to the Archbishop of St. Andrews and the clergy of Scotland that the Earl of Sutherland was at heart a Catholic, he prevailed upon the bishops--with little difficulty, it is supposed--to acquaint the king thereof. His majesty thereupon issued a warrant against the Earl of Sutherland, who was in consequence apprehended and imprisoned at St. Andrews. The earl applied to the bishops for a month’s delay, till the 15th February, 1614, promising that before that time he would either give the church satisfaction or surrender himself; but his application was refused by the high commission of Scotland. Sir Alexander Gordon, the brother of the earl, being then in Edinburgh, immediately gave notice to his brother, Sir Robert Gordon, who was at the time in London, of the proceedings against their brother, the earl. Sir Robert having applied to his majesty for the release of the earl for a time, that he might make up his mind on the subject of religion, and look after his affairs in the north, his majesty granted a warrant for his liberation till the month of August following. On the expiration of the time, he returned to his confinement at St. Andrews, from which he was removed, on his own application, to the abbey of Holyrood house, where he remained till the month of March, 1615, when he obtained leave to go home, “having,” says Sir Robert Gordon, “in some measure satisfied the church concerning his religion.”

The Earl of Caithness, thus again defeated in his views, tried, as a dernier ressort, to disjoin the families of Sutherland and Mackay. Sometimes he attempted to prevail upon the Marquis of Huntly to persuade the Earl of Sutherland and his brothers to come to an arrangement altogether independent of Mackay; and at other times he endeavoured to persuade Mackay, by holding out certain inducements to him, to compromise their differences without including the Earl of Sutherland in the arrangement; but he completely failed in these attempts.[206]

In 1614-15 a formidable rebellion broke out in the South Hebrides, arising from the efforts made by the clan Donald of Islay to retain that island in their possession. The castle of Dunyveg in Islay, which, for three years previous to 1614, had been in possession of the Bishop of the Isles, having been taken by Angus Oig, younger brother of Sir James Macdonald of Islay, from Ranald Oig, who had surprised it, the former refused to restore it to the bishop. The Privy Council took the matter in hand, and, having accepted from John Campbell of Calder an offer of a feu-duty or perpetual rent for Islay, they prevailed on him to accept a commission against Angus Oig and his followers. The clan Donald, who viewed with suspicion the growing power of the Campbells, looked upon this project with much dislike, and treated certain hostages left by the bishop with great severity. Even the bishop remonstrated against making “the name of Campbell greater in the Isles than they are already,” thinking it neither good nor profitable to his majesty, “to root out one pestiferous clan, and plant in another little better.” The remonstrance of the bishop and an offer made to put matters right by Sir James Macdonald, who was then imprisoned in Edinburgh castle, were alike unheeded, and Campbell of Calder received his commission of Lieutenandry against Angus Oig Macdonald, Coll Mac-Gillespic, and the other rebels of Islay. A free pardon was offered to all who were not concerned in the taking of the castle, and a remission to Angus Oig, provided he gave up the castle, the hostages, and two associates of his own rank.

While Campbell was collecting his forces, and certain auxiliary troops from Ireland were preparing to embark, the chancellor of Scotland, the Earl of Dunfermline, by means of a Ross-shire man, named George Graham of Eryne, prevailed on Angus Oig to release the bishop’s hostages, and deliver up to Graham the castle, in behalf of the chancellor. Graham re-delivered the castle to Angus, to be held by him as the regular constable, until he should receive further order from the chancellor, and at the same time assured Angus of the chancellor’s countenance and protection, enjoining him to resist all efforts on the part of Campbell or his friends to eject him. These injunctions Graham’s dupes too readily followed. “There can be no doubt whatever that the chancellor was the author of this notable plan to procure the liberation of the hostages, and at the same time to deprive the clan Donald of the benefit of the pardon promised to them on this account. There are grounds for a suspicion that the chancellor himself desired to obtain Islay; although it is probable that he wished to avoid the odium attendant on the more violent measures required to render such an acquisition available. He, therefore, contrived so as to leave the punishment of the clan Donald to the Campbells, who were already sufficiently obnoxious to the western clans, whilst he himself had the credit of procuring the liberation of the hostages.”

Campbell of Calder and Sir Oliver Lambert, commander of the Irish forces, did not effect a junction till the 5th of January, 1615, and on the 6th, Campbell landed on Islay with 200 men, his force being augmented next day by 140 more. Several of the rebels, alarmed, deserted Angus, and were pardoned on condition of helping the besiegers. Ronald Mac-James, uncle of Angus Oig, surrendered a fort on the island of Lochgorme which he commanded, on the 21st, and along with his son received a conditional assurance of his majesty’s favour. Operations were commenced against Dunyveg on February 1st, and shortly after Angus had an interview with the lieutenant, during which the latter showed that Angus had been deceived by Graham, upon which he promised to surrender. On returning to the castle, however, he refused to implement his promise, being instigated to hold out apparently by Coll Mac-Gillespic. After being again battered for some time, Angus and some of his followers at last surrendered unconditionally, Coll Mac-Gillespic contriving to make his escape. Campbell took possession of the castle on the 3d February, dispersed the forces of the rebels, and put to death a number of those who had deserted the siege; Angus himself was reserved for examination by the Privy Council. In the course of the examination it came out clearly that the Earl of Argyle was the original promoter of the seizure of the castle, his purpose apparently being to ruin the clan Donald by urging them to rebellion; but this charge, as well as that against the Earl of Dunfermline, appears to have been smothered.

During the early part of the year 1615, Coll Mac-Gillespic and others of the clan Donald who had escaped, infested the western coasts, and committed many acts of piracy, being joined about the month of May by Sir James Macdonald, who had escaped from Edinburgh castle, where he had been lying for a long time under sentence of death. Sir James and his followers, now numbering several hundreds, after laying in a good supply of provisions, sailed towards Islay. The Privy Council were not slow in taking steps to repress the rebellion, although various circumstances occurred to thwart their intentions. Calder engaged to keep the castle of Dunyveg against the rebels, and instructions were given to the various western gentlemen friendly to the government to defend the western coasts and islands. Large rewards were offered for the principal rebels. All the forces were enjoined to be at their appointed stations by the 6th of July, furnished with forty days’ provisions, and with a sufficient number of boats, to enable them to act by sea, if necessary.

Sir James Macdonald, about the end of June, landing on Islay, managed by stratagem to obtain possession of Dunyveg Castle, himself and his followers appearing to have conducted themselves with great moderation. Dividing his force, which numbered about 400, into two bodies, with one of which he himself intended to proceed to Jura, the other, under Coll Mac-Gillespic, was destined for Kintyre, for the purpose of encouraging the ancient followers of his family to assist him. In the beginning of July, Angus Oig and a number of his followers were tried and condemned, and executed immediately after.

Various disheartening reports were now circulated as to the disaffection of Donald Gorme of Sleat, captain of the clan Ranald, Ruari Macleod of Harris, and others; and that Hector Maclean of Dowart, if not actually engaged in the rebellion, had announced, that if he was desired to proceed against the clan Donald, he would not be very earnest in the service. The militia of Ayr, Renfrew, Dumbarton, Bute, and Inverness were called out, and a commission was granted to the Marquis of Hamilton to keep the clan Donald out of Arran.

The Privy Council had some time before this urged the king to send down the Earl of Argyle from England--to which he had fled from his numerous creditors--to act as lieutenant in suppressing the insurrection. After many delays, Argyle, to whom full powers had been given to act as lieutenant, at length mustered his forces at Duntroon on Loch Crinan early in September. He issued a proclamation of pardon to all rebels who were willing to submit, and by means of spies examined Macdonald’s camp, which had been pitched on the west coast of Kintyre, the number of the rebels being ascertained to be about 1,000 men. Argyle set himself so promptly and vigorously to crush the rebels, that Sir James Macdonald, who had been followed to Islay by the former, finding it impossible either to resist the Lieutenant’s forces, or to escape with his galleys to the north isles, desired from the earl a truce of four days, promising at the end of that time to surrender. Argyle would not accede to this request except on condition of Sir James giving up the two forts which he held; this Sir James urged Coll Mac-Gillespic to do, but he refused, although he sent secretly to Argyle a message that he was willing to comply with the earl’s request. Argyle immediately sent a force against Sir James to surprise him, who, being warned of this by the natives, managed to make his escape to an island called Inchdaholl, on the coast of Ireland, and never again returned to the Hebrides. Next day, Mac-Gillespic surrendered the two forts and his prisoners, upon assurance of his own life and the lives of a few of his followers, at the same time treacherously apprehending and delivering to Argyle, Macfie of Colonsay, one of the principal rebel leaders, and eighteen others. This conduct soon had many imitators, including Macfie himself.

Having delivered the forts in Islay to Campbell of Calder, and having executed a number of the leading rebels, Argyle proceeded to Kintyre, and crushed out all remaining seeds of insurrection there. Many of the principal rebels, notwithstanding a diligent search, effected their escape, many of them to Ireland, Sir James Macdonald being sent to Spain by some Jesuits in Galway. The escape of so many of the principal rebels seems to have given the Council great dissatisfaction. Argyle carried on operations till the middle of December 1615, refusing to dismiss the hired soldiers in the beginning of November, as he was ordered by the Council to do. He was compelled to disburse the pay, amounting to upwards of £7,000, for the extra month and a half out of his own pocket.

“Thus,” to use the words of our authority for the above details,[207] “terminated the last struggle of the once powerful clan Donald of Islay and Kintyre, to retain, from the grasp of the Campbells, these ancient possessions of their tribe.”

Ever since the death of John Sinclair at Thurso, the Earl of Caithness used every means in his power to induce such of his countrymen as were daring enough, to show their prowess and dexterity, by making incursions into Sutherland or Strathnaver, for the purpose of annoying the vassals and dependants of the Earl of Sutherland and his ally, Mackay. Amongst others he often communicated on this subject with William Kennethson, whose father, Kenneth Buidhe, had always been the principal instrument in the hands of Earl George in oppressing the people of his own country. For the furtherance of his plans he at last prevailed upon William, who already stood rebel to the king in a criminal cause, to go into voluntary banishment into Strathnaver, and put himself under the protection of Mackay, to whom he was to pretend that he had left Caithness to avoid any solicitations from the Earl of Caithness to injure the inhabitants of Strathnaver. To cover their designs they caused a report to be spread that William Mac-Kenneth was to leave Caithness because he would not obey the orders of the earl to execute some designs against Sir Robert Gordon, the tutor of Sutherland, and Mackay, and when this false rumour had been sufficiently spread, Mac-Kenneth, and his brother John, and their dependants, fled into Strathnaver and solicited the favour and protection of Mackay. The latter received them kindly; but as William and his party had been long addicted to robbery and theft, he strongly advised them to abstain from such practices in all time coming; and that they might not afterwards plead necessity as an excuse for continuing their depredations, he allotted them some lands to dwell on. After staying a month or two in Strathnaver, during which time they stole some cattle and horses out of Caithness, William received a private visit by night from Kenneth Buidhe, his father, who had been sent by the Earl of Caithness for the purpose of executing a contemplated depredation in Sutherland. Mackay was then in Sutherland on a visit to his uncle, Sir Robert Gordon, which being known to William Mac-Kenneth, he resolved to enter Sutherland with his party, and carry off into Caithness all the booty they could collect. Being observed in the glen of Loth by some of the clan Gun, collecting cattle and horses, they were immediately apprehended, with the exception of Iain-Garbh-Mac-Chonald-Mac-Mhurchidh-Mhoir, who, being a very resolute man, refused to surrender, and was in consequence killed. The prisoners were delivered to Sir Robert Gordon at Dornoch, who committed William and his brother John to the castle of Dornoch for trial. In the meantime two of the principal men of Mac-Kenneth’s party were tried, convicted, and executed, and the remainder were allowed to return home on giving surety to keep the peace. This occurrence took place in the month of January 1616.

The Earl of Caithness now finished his restless career of iniquity by the perpetration of a crime which, though trivial in its consequences, was of so highly a penal nature in itself as to bring his own life into jeopardy. As the circumstances which led to the burning of the corn of William Innes, a servant of Lord Forbes at Sanset in Caithness, and the discovery of the Earl of Caithness as instigator, are somewhat curious, it is thought that a recital of them may not be here out of place.

Among other persons who had suffered at the hands of the earl was his own kinsman, William Sinclair of Dumbaith. After annoying him in a variety of ways, the earl instigated his bastard brother, Henry Sinclair, and Kenneth Buidhe, to destroy and lay waste part of Dumbaith’s lands, who, unable to resist, and being in dread of personal risk, locked himself up in his house at Dunray, which they besieged. William Sinclair immediately applied to John, Earl of Sutherland, for assistance, who sent his friend Mackay with a party to rescue Sinclair from his perilous situation. Mackay succeeded, and carried Sinclair along with him into Sutherland, where he remained for a time, but he afterwards went to reside in Moray, where he died. Although thus cruelly persecuted and forced to become an exile from his country by the Earl of Caithness, no entreaties could induce him to apply for redress, choosing rather to suffer himself than to see his relative punished. William Sinclair was succeeded by his grandson, George Sinclair, who married a sister of Lord Forbes. By the persuasion of his wife, who was a mere tool in the hands of the Earl of Caithness, George Sinclair was induced to execute a deed of entail, by which, failing of heirs male of his own body, he left the whole of his lands to the earl. When the earl had obtained this deed he began to devise means to make away with Sinclair, and actually persuaded Sinclair’s wife to assist him in this nefarious design. Having obtained notice of this conspiracy against his life, Sinclair left Caithness and took up his residence with his brother-in-law, Lord Forbes, who received him with great kindness and hospitality, and reprobated very strongly the wicked conduct of his sister. Sinclair now recalled the entail in favour of the Earl of Caithness, and made a new deed by which he conveyed his whole estate to Lord Forbes. George Sinclair died soon after the execution of the deed, and having left no issue, Lord Forbes took possession of his lands of Dunray and Dumbaith.

Disappointed in his plans to acquire Sinclair’s property, the Earl of Caithness seized every opportunity of annoying Lord Forbes in his possessions, by oppressing his tenants and servants, in every possible way, under the pretence of discharging his duty as sheriff, to which office he had been appointed by the Earl of Huntly, on occasion of his marriage with Huntly’s sister. Complaints were made from time to time against the earl, on account of these proceedings, to the Privy Council of Scotland, which, in some measure, afforded redress; but to protect his tenants more effectually, Lord Forbes took up a temporary residence in Caithness, relying upon the aid of the house of Sutherland in case of need.

As the Earl of Caithness was aware that any direct attack on Lord Forbes would be properly resented, and as any enterprise undertaken by his own people would be laid to his charge, however cautious he might be in dealing with them, he fixed on the clan Gun as the fittest instruments for effecting his designs against Lord Forbes. Besides being the most resolute men in Caithness, always ready to undertake any desperate action, they depended more upon the Earl of Sutherland and Mackay, from whom they held some lands, than upon the Earl of Caithness; a circumstance which the latter supposed, should the contemplated outrages of the clan Gun ever become matter of inquiry, might throw the suspicion upon the two former as the silent instigators. Accordingly, the earl opened a negotiation with John Gun, chief of the clan Gun in Caithness, and with his brother, Alexander Gun, whose father he had hanged in the year 1586. In consequence of an invitation, the two brothers, along with Alexander Gun, their cousin-german, repaired to Castle Sinclair, where they met the earl. The earl did not at first divulge his plans to all the party; but taking Alexander Gun, the cousin, aside, he pointed out to him the injury he alleged he had sustained, in consequence of Lord Forbes having obtained a footing in Caithness,--that he could no longer submit to the indignity shown him by a stranger,--that he had made choice of him (Gun) to undertake a piece of service for him, on performing which, he would reward him most amply; and to secure compliance, the earl desired him to remember the many favours he had already received from him, and how well he had treated him, promising, at the same time, to show him even greater kindness in time coming. Alexander thereupon promised to serve the earl, though at the hazard of his life; but upon being interrogated by the earl whether he would undertake to burn the corn of Sanset, belonging to William Innes, a servant of Lord Forbes, Gun, who had never imagined that he was to be employed in such an ignoble affair, expressed the greatest astonishment at the proposal, and refused, in the most peremptory and indignant manner, to undertake its execution; yet, to satisfy the earl, he told him that he would, at his command, undertake to assassinate William Innes,--an action which he considered less criminal and dishonourable, and more becoming a gentleman, than burning a quantity of corn! Finding him obdurate, the earl enjoined him to secrecy.

The earl next applied to the two brothers, John and Alexander, with whom he did not find it so difficult to treat. They at first hesitated with some firmness in undertaking the business on which the earl was so intent; and they pleaded an excuse, by saying, that as justice was then more strictly executed in Scotland than formerly, they could not expect to escape, as they had no place of safety to retreat to after the crime was committed; as a proof of which they instanced the cases of the clan Donald and the clan Gregor, two races of people much more powerful than the clan Gun, who had been brought to the brink of ruin, and almost annihilated, under the authority of the laws. The earl replied, that as soon as they should perform the service for him he would send them to the western isles, to some of his acquaintances and friends, with whom they might remain till Lord Forbes and he were reconciled, when he would obtain their pardon; that in the meantime he would profess, in public, to be their enemy, but that he would be their friend secretly, and permit them to frequent Caithness without danger. Alexander Gun, overcome at last by the entreaties of the earl, reluctantly consented to his request, and going into Sanset, in the dead of night, with two accomplices, set fire to all the corn stacks which were in the barn-yard, belonging to William Innes, and which were in consequence consumed. This affair occurred in the month of November, 1615. The Earl of Caithness immediately spread a report through the whole country that Mackay’s tenants had committed this outrage, but the deception was of short duration.

It may be here noticed that John, sixth Earl of Sutherland, died in September, 1615, and was succeeded by his eldest son, John, a boy six years old, to whom Sir Robert Gordon, his uncle, was appointed tutor.

Sir Robert Gordon, having arrived in the north of Scotland, from England, in the month of December following, resolved to probe the matter to the bottom, not merely on account of his nephew, Mackay, whose men were suspected, but to satisfy Lord Forbes, who was now on friendly terms with the house of Sutherland; but the discovery of the perpetrators soon became an easy task, in consequence of a quarrel among the clan Gun themselves, the members of which upbraided one another as the authors of the fire-raising. Alexander Gun, the cousin of Alexander Gun, the real criminal, thereupon fled from Caithness, and sent some of his friends to Sir Robert Gordon and Donald Mackay with these proposals:--that if they would receive him into favour, and secure him from danger, he would confess the whole circumstances, and reveal the authors of the conflagration, and that he would declare the whole before the Privy Council if required. On receiving this proposal, Sir Robert Gordon appointed Alexander Gun to meet him privately at Helmsdale, in the house of Sir Alexander Gordon, brother of Sir Robert. A meeting was accordingly held at the place appointed, at which Sir Robert and his friends agreed to do everything in their power to preserve Gun’s life; and Mackay promised, moreover, to give him a possession in Strathie, where his father had formerly lived.

When the Earl of Caithness heard of Alexander Gun’s flight into Sutherland he became greatly alarmed lest Alexander should reveal the affair of Sanset; and anticipating such a result, the earl gave out everywhere that Sir Robert Gordon, Mackay, and Sir Alexander Gordon, had hired some of the clan Gun to accuse him of having burnt William Innes’s corn. But this artifice was of no avail, for as soon as Lord Forbes received notice from Sir Robert Gordon of the circumstances related by Alexander Gun, he immediately cited John Gun and his brother Alexander, and their accomplices, to appear for trial at Edinburgh, on the 2d April, 1616, to answer to the charge of burning the corn at Sanset; and he also summoned the Earl of Caithness, as sheriff of that county, to deliver them up for trial. John Gun, thinking that the best course he could pursue under present circumstances was to follow the example of his cousin, Alexander, sent a message to Sir Alexander Gordon, desiring an interview with him, which being granted, they met at Navidale. John Gun then offered to reveal everything he knew concerning the fire, on condition that his life should be spared; but Sir Alexander observed that he could come under no engagement, as he was uncertain how the king and the council might view such a proceeding; but he promised, that as John had not been an actor in the business, but a witness only to the arrangement between his brother and the Earl of Caithness, he would do what he could to save him, if he went to Edinburgh in compliance with the summons.

In this state of matters, the Earl of Caithness wrote to the Marquis of Huntly, accusing Sir Robert Gordon and Mackay of a design to bring him within the reach of the law of treason, and to injure the honour of his house by slandering him with the burning of the corn at Sanset. The other party told the marquis that they could not refuse to assist Lord Forbes in finding out the persons who had burned the corn at Sanset, but that they had never imagined that the earl would have acted so base a part as to become an accomplice in such a criminal act; and farther, that as Mackay’s men were challenged with the deed, they certainly were entitled at least to clear Mackay’s people from the charge by endeavouring to find out the malefactors,--in all which they considered they had done the earl no wrong. The Marquis of Huntly did not fail to write the Earl of Caithness the answer he had received from Sir Robert Gordon and Mackay, which grieved him exceedingly, as he was too well aware of the consequences which would follow if the prosecution of the Guns was persevered in.

At the time appointed for the trial of the Guns, Sir Robert Gordon, Mackay, and Lord Forbes, with all his friends, went to Edinburgh, and upon their arrival they entreated the council to prevent a remission in favour of the Earl of Caithness from passing the signet until the affair in hand was tried; a request with which the council complied. The Earl of Caithness did not appear; but he sent his son, Lord Berridale, to Edinburgh, along with John Gun and all those persons who had been summoned by Lord Forbes, with the exception of Alexander Gun and his two accomplices. He alleged as his reason for not sending them that they were not his men, being Mackay’s own tenants, and dwelling in Dilred, the property of Mackay, which was held by him off the Earl of Sutherland, who, he alleged, was bound to present the three persons alluded to. But the lords of the council would not admit of this excuse, and again required Lord Berridale and his father to present the three culprits before the court on the 10th June following, because, although they had possessions in Dilred, they had also lands from the Earl of Caithness on which they usually resided. Besides, the deed was committed in Caithness, of which the earl was sheriff, on which account also he was bound to apprehend them. Lord Berridale, whose character was quite the reverse of that of his father, apprehensive of the consequences of a trial, now offered satisfaction in his father’s name to Lord Forbes if he would stop the prosecution; but his lordship refused to do anything without the previous advice and consent of Sir Robert Gordon and Mackay, who, upon being consulted, caused articles of agreement to be drawn up, which were presented to Lord Berridale by neutral persons for his acceptance. He, however, considering the conditions sought to be imposed upon his father too hard, rejected them.

In consequence of the refusal of Lord Berridale to accede to the terms proposed, John Gun was apprehended by one of the magistrates of Edinburgh, on the application of Lord Forbes, and committed a prisoner to the jail of that city. Gun thereupon requested to see Sir Robert Gordon and Mackay, whom he entreated to use their influence to procure him his liberty, promising to declare everything he knew of the business for which he was prosecuted before the lords of the council. Sir Robert Gordon and Mackay then deliberated with Lord Forbes and Lord Elphinston on the subject, and they all four promised faithfully to Gun to do everything in their power to save him, and that they would thenceforth maintain and defend him and his cousin, Alexander Gun, against the Earl of Caithness or any person, as long as they had reason and equity on their side; besides which, Mackay promised him a liferent lease of the lands in Strathie to compensate for his possessions in Caithness, of which he would, of course, be deprived by the earl for revealing the latter’s connexion with the fire-raising at Sanset. John Gun was accordingly examined the following day by the lords of the council, when he confessed that the Earl of Caithness made his brother, Alexander Gun, burn the corn of Sanset, and that the affair had been proposed and discussed in his presence. Alexander Gun, the cousin, was examined also at the same time, and stated the same circumstances precisely as John Gun had done. After examination, John and Alexander were again committed to prison.

As neither the Earl of Caithness nor his son, Lord Berridale, complied with the commands of the council to deliver up Alexander Gun and his accomplices in the month of June, they were both outlawed and denounced rebels; and were summoned and charged by Lord Forbes to appear personally at Edinburgh in the month of July immediately following, to answer to the charge of causing the corn of Sanset to be burnt. This fixed determination on the part of Lord Forbes to bring the earl and his son to trial had the effect of altering their tone, and they now earnestly entreated him and Mackay to agree to a reconciliation on any terms; but they declined to enter into any arrangement until they had consulted Sir Robert Gordon. After obtaining Sir Robert’s consent, and a written statement of the conditions which he required from the Earl of Caithness in behalf of his nephew, the Earl of Sutherland, the parties entered into a final agreement in the month of July, 1616. The principal heads of the contract, which was afterwards recorded in the books of council and session, were as follows:--That all civil actions between the parties should be settled by the mediation of common friends,--that the Earl of Caithness and his son should pay to Lord Forbes and Mackay the sum of 20,000 merks Scots money,--that all quarrels and criminal actions should be mutually forgiven, and particularly, that the Earl of Caithness and all his friends should forgive and remit the slaughter at Thurso--that the Earl of Caithness and his son should renounce for themselves and their heirs all jurisdiction, criminal or civil, within Sutherland or Strathnaver, and any other jurisdiction which they should thereafter happen to acquire over any lands lying within the diocese of Caithness then pertaining, or which should afterwards belong, to the Earl of Sutherland, or his heirs,--that the Earl of Caithness should deliver Alexander Gun and his accomplices to Lord Forbes,--that the earl, his son, and their heirs, should never thenceforth contend with the Earl of Sutherland for precedency in parliament or priority of place,--that the Earl of Caithness and his son, their friends and tenants, should keep the peace in time coming, under the penalty of great sums of money, and should never molest nor trouble the tenants of the Earl of Sutherland and Lord Forbes,--that the Earl of Caithness, his son, or their friends, should not receive nor harbour any fugitives from Sutherland or Strathnaver,--and that there should be good friendship and amity kept amongst them in all time to come.

In consequence of this agreement, the two sons of Kenneth Buy, William and John before-mentioned, were delivered to Lord Berridale, who gave security for their keeping the peace; and John Gun and Alexander his cousin were released, and delivered to Lord Forbes and Mackay, who gave surety to the lords of the council to present them for trial whenever required; and as the Earl of Caithness had deprived them of their possessions in Caithness on account of the discovery they had made, Mackay, who had lately been knighted by the king, gave them lands in Strathnaver as he had promised. Matters being thus settled, Lord Berridale presented himself before the court at Edinburgh to abide his trial; but no person of course appearing against him, the trial was postponed. The Earl of Caithness, however, failing to appear, the diet against him was continued till the 28th of August following.

Although the king was well pleased, on account of the peace which such an adjustment would produce in his northern dominions, with the agreement which had been entered into, and the proceedings which followed thereon, all of which were made known to him by the Privy Council; yet, as the passing over such a flagrant act as wilful fire-raising, without punishment, might prove pernicious, he wrote a letter to the Privy Council of Scotland, commanding them to prosecute, with all severity, those who were guilty of, or accessory to, the crime. Lord Berridale was thereupon apprehended on suspicion, and committed a prisoner to the castle of Edinburgh; and his father, perceiving the determination of the king to prosecute the authors of the fire, again declined to appear for trial on the appointed day, on which account he was again outlawed, and declared a rebel as the guilty author.

In this extremity Lord Berridale had recourse to Sir Robert Gordon, then resident at court, for his aid. He wrote him a letter, entreating him that, as all controversies were now settled, he would, in place of an enemy become a faithful friend,--that for his own part, he, Lord Berridale, had been always innocent of the jars and dissensions which had happened between the two families,--that he was also innocent of the crime of which he was charged,--and that he wished his majesty to be informed by Sir Robert of these circumstances, hoping that he would order him to be released from confinement. Sir Robert answered, that he had long desired a perfect agreement between the houses of Sutherland and Caithness, which he would endeavour to maintain during his administration in Sutherland,--that he would intercede with the king in behalf of his lordship to the utmost of his power,--that all disputes being now at an end, he would be his faithful friend,--that he had a very different opinion of his disposition from that he entertained of his father, the earl; and he concluded by entreating him to be careful to preserve the friendship which had been now commenced between them.

As the king understood that Lord Berridale was supposed to be innocent of the crime with which he and his father stood charged, and as he could not, without a verdict against Berridale, proceed against the family of Caithness by forfeiture, in consequence of his lordship having been infeft many years before in his father’s estate, his majesty, on the earnest entreaty of the then bishop of Ross, Sir Robert Gordon, and Sir James Spence of Wormistoun, was pleased to remit and forgive the crime on the following conditions:--1st. That the Earl of Caithness and his son should give satisfaction to their creditors, who were constantly annoying his majesty with clamours against the earl, and craving justice at his hands. 2d. That the Earl of Caithness, with consent of Lord Berridale, should freely renounce and resign perpetually, into the hands of his majesty, the heritable sheriffship and justiciary of Caithness. 3d. That the Earl of Caithness should deliver the three criminals who had burnt the corn, that public justice might be satisfied upon them, as a terror and example to others. 4th. That the Earl of Caithness, with consent of Lord Berridale, should give and resign in perpetuum to the bishop of Caithness, the house of Strabister, with as many of the feu lands of that bishopric as should amount to the yearly value of two thousand merks Scots money, for the purpose of augmenting the income of the bishop, which was at that time small in consequence of the greater part of his lands being in the hands of the earl. Commissioners were sent down from London to Caithness in October 1616, to see that these conditions were complied with. The second and last conditions were immediately implemented; and as the earl and his son promised to give satisfaction to their creditors, and to do everything in their power to apprehend the burners of the corn, the latter was released from the castle of Edinburgh, and directions were given for drawing up a remission and pardon to the Earl of Caithness. Lord Berridale, however, had scarcely been released from the castle, when he was again imprisoned within the jail of Edinburgh, at the instance of Sir James Home of Cowdenknowes, his cousin german, who had become surety for him and his father to their creditors for large sums of money. The earl himself narrowly escaped the fate of his son and retired to Caithness, but his creditors had sufficient interest to prevent his remission from passing till they should be satisfied. With consent of the creditors the council of Scotland gave him a personal protection, from time to time, to enable him to come to Edinburgh for the purpose of settling with them, but he made no arrangement, and returned privately into Caithness before the expiration of the supersedere which had been granted him, leaving his son to suffer all the miseries of a prison. After enduring a captivity of five years, Lord Berridale was released from prison by the good offices of the Earl of Enzie, and put, for behoof of himself, and his own and his father’s creditors, in possession of the family estates from which his father was driven by Sir Robert Gordon acting under a royal warrant, a just punishment for the many enormities of a long and misspent life.[208]

Desperate as the fortunes of the Earl of Caithness were even previous to the disposal of his estates, he most unexpectedly found an ally in Sir Donald Mackay, who had taken offence at Sir Robert Gordon, and who, being a man of quick resolution and of an inconstant disposition, determined to forsake the house of Sutherland, and to ingratiate himself with the Earl of Caithness. He alleged various causes of discontent as a reason for his conduct, one of the chief being connected with pecuniary considerations; for having, as he alleged, burdened his estates with debts incurred for some years past in following the house of Sutherland, he thought that, in time coming, he might, by procuring the favour of the Earl of Caithness, turn the same to his own advantage and that of his countrymen. Moreover, as he had been induced to his own prejudice to grant certain life-rent tacks of the lands of Strathie and Dilred to John and Alexander Gun, and others of the clan Gun for revealing the affair of Sanset, he thought that by joining the Earl of Caithness, these might be destroyed, by which means he would get back his lands which he meant to convey to his brother, John Mackay, as a portion; and he, moreover, expected that the earl would give him and his countrymen some possessions in Caithness. But the chief ground of discontent on the part of Sir Donald Mackay was an action brought against him and Lord Forbes before the court of session, to recover a contract entered into between the last Earl of Sutherland and Mackay, in the year 1613, relative to their marches and other matters of controversy, which being considered by Mackay as prejudicial to him, he had endeavoured to get destroyed through the agency of some persons about Lord Forbes, into whose keeping the deed had been intrusted.

After brooding over these subjects of discontent for some years, Mackay, in the year 1618, suddenly resolved to break with the house of Sutherland, and to form an alliance with the Earl of Caithness, who had long borne a mortal enmity at that family. Accordingly, Mackay sent John Sutherland, his cousin-german, into Caithness to request a private conference with the earl in any part of Caithness he might appoint. This offer was too tempting to be rejected by the earl, who expected, by a reconciliation with Sir Donald Mackay, to turn the same to his own personal gratification and advantage. In the first place, he hoped to revenge himself upon the clan Gun, who were his principal enemies, and upon Sir Donald himself, by detaching him from his superior, the Earl of Sutherland, and from the friendship of his uncles, who had always supported him in all his difficulties. In the second place, he expected that, by alienating Mackay from the duty and affection he owed the house of Sutherland, that he would weaken his power and influence. And lastly, he trusted that Mackay would not only be prevailed upon to discharge his own part, but would also persuade Lord Forbes to discharge his share of the sum of 20,000 merks Scots, which he and his son, Lord Berridale, had become bound to pay them, on account of the burning at Sanset.

The Earl of Caithness having at once agreed to Mackay’s proposal, a meeting was held by appointment in the neighbourhood of Dunray, in the parish of Reay, in Caithness. The parties met in the night-time, accompanied each by three men only. After much discussion, and various conferences, which were continued for two or three days, they resolved to destroy the clan Gun, and particularly John Gun, and Alexander his cousin. To please the earl, Mackay undertook to despatch these last, as they were obnoxious to him, on account of the part they had taken against him, in revealing the burning at Sanset. They persuaded themselves that the house of Sutherland would defend the clan, as they were bound to do by their promise, and that that house would be thus drawn into some snare. To confirm their friendship, the earl and Mackay arranged that John Mackay, the only brother of Sir Donald, should marry a niece of the earl, a daughter of James Sinclair of Murkle, who was a mortal enemy of all the clan Gun. Having thus planned the line of conduct they were to follow, they parted, after swearing to continue in perpetual friendship.

Notwithstanding the private way in which the meeting was held, accounts of it immediately spread through the kingdom; and every person wondered at the motives which could induce Sir Donald Mackay to take such a step so unadvisedly, without the knowledge of his uncles, Sir Robert and Sir Alexander Gordon, or of Lord Forbes. The clan Gun receiving secret intelligence of the design upon them, from different friendly quarters, retired into Sutherland. The clan were astonished at Mackay’s conduct, as he had promised, at Edinburgh, in presence of Lords Forbes and Elphingston and Sir Robert Gordon, in the year 1616, to be a perpetual friend to them, and chiefly to John Gun and to his cousin Alexander.

After Mackay returned from Caithness, he sent his cousin-german, Angus Mackay of Bighouse, to Sutherland, to acquaint his uncles, who had received notice of the meeting, that his object in meeting the Earl of Caithness was for his own personal benefit, and that nothing had been done to their prejudice. Angus Mackay met Sir Robert Gordon at Dunrobin, to whom he delivered his kinsman’s message, which, he said, he hoped Sir Robert would take in good part, adding that Sir Donald would show, in presence of both his uncles, that the clan Gun had failed in duty and fidelity to him and the house of Sutherland, since they had revealed the burning; and therefore, that if his uncles would not forsake John Gun, and some others of the clan, he would adhere to them no longer. Sir Robert Gordon returned a verbal answer by Angus Mackay, that when Sir Donald came in person to Dunrobin to clear himself, as in duty he was bound to do, he would then accept of his excuse, and not till then. And he at the same time wrote a letter to Sir Donald, to the effect that for his own (Sir Robert’s) part, he did not much regard Mackay’s secret journey to Caithness, and his reconciliation with Earl George, without his knowledge or the advice of Lord Forbes; and that, however unfavourable the world might construe it, he would endeavour to colour it in the best way he could, for Mackay’s own credit. He desired Mackay to consider that a man’s reputation was exceedingly tender, and that if it were once blemished, though wrongfully, there would still some blot remain, because the greater part of the world would always incline to speak the worst; that whatever had been arranged in that journey, between him and the Earl of Caithness, beneficial to Mackay and not prejudicial to the house of Sutherland, he should be always ready to assist him therein, although concluded without his consent. As to the clan Gun, he could not with honesty or credit abandon them, and particularly John and his cousin Alexander, until tried and found guilty, as he had promised faithfully to be their friend, for revealing the affair of Sanset; that he had made them this promise at the earnest desire and entreaty of Sir Donald himself; that the house of Sutherland did always esteem their truth and constancy to be their greatest jewel; and seeing that he and his brother, Sir Alexander, were almost the only branches of it then of age or man’s estate, they would endeavour to prove true and constant wheresoever they did possess friendship; and that neither the house of Sutherland, nor any greater house whereof they had the honour to be descended, should have the least occasion to be ashamed of them in that respect; that if Sir Donald had quarrelled or challenged the clan Gun, before going into Caithness and his arrangement with Earl George, the clan might have been suspected; but he saw no reason to forsake them until they were found guilty of some great offence.

Sir Robert Gordon, therefore, acting as tutor for his nephew, took the clan Gun under his immediate protection, with the exception of Alexander Gun, the burner of the corn, and his accomplices. John Gun thereupon demanded a trial before his friends, that they might hear what Sir Donald had to lay to his charge. John and his kinsmen were acquitted, and declared innocent of any offence, either against the house of Sutherland or Mackay, since the fact of the burning.

Sir Donald Mackay, dissatisfied with this result, went to Edinburgh for the purpose of obtaining a commission against the clan Gun from the council, for old crimes committed by them before his majesty had left Scotland for England; but he was successfully opposed in this by Sir Robert Gordon, who wrote a letter to the Lord-Chancellor and to the Earl of Melrose, afterwards Earl of Haddington and Lord Privy Seal, showing that the object of Sir Donald, in asking such a commission, was to break the king’s peace, and to breed fresh troubles in Caithness. Disappointed in this attempt, Sir Donald returned home to Strathnaver, and, in the month of April, 1618, he went to Braill, in Caithness, where he met the earl, with whom he continued three nights. On this occasion they agreed to despatch Alexander Gun, the burner of the corn, lest Lord Forbes should request the earl to deliver him up; and they hoped that, in consequence of such an occurrence, the tribe might be ensnared. Before parting, the earl delivered to Mackay some old writs of certain lands in Strathnaver and other places within the diocese of Caithness, which belonged to Sir Donald’s predecessors; by means of which the earl thought he would put Sir Donald by the ears with his uncles, expecting him to bring an action against the Earl of Sutherland, for the warrandice of Strathnaver, and thus free himself from the superiority of the Earl of Sutherland.

Shortly after this meeting was held, Sir Donald entered Sutherland privately, for the purpose of capturing John Gun; but, after lurking two nights in Golspie, watching Gun, without effect, he was discovered by Adam Gordon of Kilcalmkill, a trusty dependant of the house of Sutherland, and thereupon returned to his country. In the meantime the Earl of Caithness, who sought every opportunity to quarrel with the house of Sutherland, endeavoured to pick a quarrel with Sir Alexander Gordon about some sheilings which he alleged the latter’s servants had erected beyond the marches between Torrish, in Strathully, and the lands of Berridale. The dispute, however, came to nothing.

When Sir Robert Gordon heard of these occurrences in the north, he returned home from Edinburgh, where he had been for some time; and, on his return, he visited the Marquis of Huntly at Strathbogie, who advised him to be on his guard, as he had received notice from the Earl of Caithness that Sir Donald meant to create some disturbances in Sutherland. The object the earl had in view, in acquainting the marquis with Mackay’s intentions, was to screen himself from any imputation of being concerned in Mackay’s plans, although he favoured them in secret. As soon as Sir Robert Gordon was informed of Mackay’s intentions he hastened to Sutherland; but before his arrival there, Sir Donald had entered Strathully with a body of men, in quest of Alexander Gun, the burner, against whom he had obtained letters of caption. He expected that if he could find Gun in Strathully, where the clan of that name chiefly dwelt, they, and particularly John Gun, would protect Alexander, and that in consequence he would ensnare John Gun and his tribe, and bring them within the reach of the law, for having resisted the king’s authority; but Mackay was disappointed in his expectations, for Alexander Gun escaped, and none of the clan Gun made the least movement, not knowing how Sir Robert Gordon was affected towards Alexander Gun. In entering Strathully, without acquainting his uncles of his intention, Sir Donald had acted improperly, and contrary to his duty, as the vassal of the house of Sutherland: but, not satisfied with this trespass, he went to Badinloch, and there apprehended William M’Corkill, one of the clan Gun, and carried him along with him towards Strathnaver, on the ground that he had favoured the escape of Alexander Gun; but M’Corkill escaped while his keepers were asleep, and went to Dunrobin, where he met Sir Alexander Gordon, to whom he related the circumstance.

Hearing that Sir Robert Gordon was upon his journey to Sutherland, Mackay left Badinloch in haste, and went privately to the parish of Culmaly, taking up his residence in Golspietour with John Gordon, younger of Embo, till he should learn in what manner Sir Robert would act towards him. Mackay, perceiving that his presence in Golspietour was likely to lead to a tumult among the people, sent his men home to Strathnaver, and went himself the following day, taking only one man along with him, to Dunrobin castle, where he met Sir Robert Gordon, who received him kindly according to his usual manner; and after Sir Robert had opened his mind very freely to him on the bad course he was pursuing, he began to talk to him about a reconciliation with John Gun; but Sir Donald would not hear of any accommodation, and after staying a few days at Dunrobin, returned home to his own country.

Sir Donald Mackay, perceiving the danger in which he had placed himself, and seeing that he could put no reliance on the hollow and inconstant friendship of the Earl of Caithness, became desirous of a reconciliation with his uncles, and with this view he offered to refer all matters in dispute to the arbitrament of friends, and to make such satisfaction for his offences as they might enjoin. As Sir Robert Gordon still had a kindly feeling towards Mackay, and as the state in which the affairs of the house of Sutherland stood during the minority of his nephew, the earl, could not conveniently admit of following out hostile measures against Mackay, Sir Robert embraced his offer. The parties, therefore, met at Tain, and matters being discussed in presence of Sir Alexander Gordon of Navidale, George Monroe of Milntoun, and John Monroe of Leamlair, they adjudged that Sir Donald should send Angus Mackay of Bighouse, and three gentlemen of the Slaight-ean-Aberigh, to Dunrobin, there to remain prisoners during Sir Robert’s pleasure, as a punishment for apprehending William M’Corkill at Badinloch. After settling some other matters of little moment, the parties agreed to hold another meeting for adjusting all remaining questions, at Elgin, in the month of June of the following year, 1619. Sir Donald wished to include Gordon of Embo and others of his friends in Sutherland in this arrangement; but as they were vassals of the house of Sutherland, Sir Robert would not allow Mackay to treat for them.

In the month of November, 1618, a disturbance took place in consequence of a quarrel between George, Lord Gordon, Earl of Enzie, and Sir Lauchlan Macintosh, chief of the clan Chattan, which arose out of the following circumstances:--When the earl went into Lochaber, in the year 1613, in pursuit of the clan Cameron, he requested Macintosh to accompany him, both on account of his being the vassal of the Marquis of Huntly, the earl’s father, and also on account of the ancient enmity which had always existed between the clan Chattan and clan Cameron, in consequence of the latter keeping forcible possession of certain lands belonging to the former in Lochaber. To induce Macintosh to join him, the earl promised to dispossess the clan Cameron of the lands belonging to Macintosh, and to restore him to the possession of them; but, by advice of the laird of Grant, his father-in-law, who was an enemy of the house of Huntly, he declined to accompany the earl in his expedition. The earl was greatly displeased at Macintosh’s refusal, which afterwards led to some disputes between them. A few years after the date of this expedition--in which the earl subdued the clan Cameron, and took their chief prisoner, whom he imprisoned at Inverness in the year 1614--Macintosh obtained a commission against Macronald, younger of Moidart, and his brother, Donald Glass, for laying waste his lands in Lochaber; and, having collected all his friends, he entered Lochaber for the purpose of apprehending them, but, being unsuccessful in his attempt, he returned home. As Macintosh conceived that he had a right to the services of all his clan, some of whom were tenants and dependants of the Marquis of Huntly, he ordered these to follow him, and compelled such of them as were refractory to accompany him into Lochaber. This proceeding gave offence to the Earl of Enzie, who summoned Macintosh before the lords of the Privy Council for having, as he asserted, exceeded his commission. He, moreover, got Macintosh’s commission recalled, and obtained a new commission in his own favour from the lords of the council, under which he invaded Lochaber, and expelled Macronald and his brother Donald from that country.

As Macintosh held certain lands from the earl and his father for services to be done, which the earl alleged had not been performed by Macintosh agreeably to the tenor of his titles, the earl brought an action against Macintosh in the year 1618 for evicting these lands, on the ground of his not having implemented the conditions on which he held them. And, as the earl had a right to the tithes of Culloden, which belonged to Macintosh, he served him, at the same time, with an inhibition, prohibiting him to dispose of these tithes. As the time for tithing drew near, Macintosh, by advice of the clan Kenzie and the Grants, circulated a report that he intended to oppose the earl in any attempt he might make to take possession of the tithes of Culloden in kind, because such a practice had never before been in use, and that he would try the issue of an action of spuilzie, if brought against him. Although the earl was much incensed at such a threat on the part of his own vassal, yet, being a privy counsellor, and desirous of showing a good example in keeping the peace, he abstained from enforcing his right; but, having formerly obtained a decree against Macintosh for the value of the tithes of the preceding years, he sent two messengers-at-arms to poind and distrain the corns upon the ground under that warrant. The messengers were, however, resisted by Macintosh’s servants, and forced to desist from the execution of their duty. The earl, in consequence, pursued Macintosh and his servants before the Privy Council, and got them denounced and proclaimed rebels to the king. He, thereupon, collected a number of his particular friends with the design of carrying his decree into execution, by distraining the crop at Culloden and carrying it to Inverness. Macintosh prepared himself to resist, by fortifying the house of Culloden and laying in a large quantity of ammunition; and having collected all the corn within shot of the castle and committed the charge of it to his two uncles, Duncan and Lauchlan, he waited for the approach of the earl. As the earl was fully aware of Macintosh’s preparations, and that the clan Chattan, the Grants, and the clan Kenzie, had promised to assist Macintosh in opposing the execution of his warrant, he wrote to Sir Robert Gordon, tutor of Sutherland, to meet him at Culloden on the 5th of November, 1618, being the day fixed by him for enforcing his decree. On receipt of this letter, Sir Robert Gordon left Sutherland for Bog-a-Gight, where the Marquis of Huntly and his son then were, and on his way paid a visit to Macintosh with the view of bringing about a compromise; but Macintosh, who was a young man of a headstrong disposition, refused to listen to any proposals, and rode post-haste to Edinburgh, from which he went privately into England.

In the meantime, the Earl of Enzie having collected his friends, to the number of 1,100 horsemen well appointed and armed, and 600 Highlanders on foot, came to Inverness with this force on the day appointed, and, after consulting his principal officers, marched forwards towards Culloden. When he arrived within view of the castle, the earl sent Sir Robert Gordon to Duncan Macintosh, who, with his brother, commanded the house, to inform him that, in consequence of his nephew’s extraordinary boasting, he had come thither to put his majesty’s laws in execution, and to carry off the corn which of right belonged to him. To this message Duncan replied, that he did not mean to prevent the earl from taking away what belonged to him, but that, in case of attack, he would defend the castle which had been committed to his charge. Sir Robert, on his return, begged the earl to send Lord Lovat, who had some influence with Duncan Macintosh, to endeavour to prevail on him to surrender the castle. At the desire of the earl, Lord Lovat accordingly went to the house of Culloden, accompanied by Sir Robert Gordon and George Monroe of Milntoun, and, after some entreaty, Macintosh agreed to surrender at discretion; a party thereupon took possession of the house, and sent the keys to the earl. He was, however, so well pleased with the conduct of Macintosh, that he sent back the keys to him, and as neither the clan Chattan, the Grants, nor the clan Kenzie, appeared to oppose him, he disbanded his party and returned home to Bog-a-Gight. He did not even carry off the corn, but gave it to Macintosh’s grandmother, who enjoyed the life-rent of the lands of Culloden as her jointure.

As the Earl of Enzie had other claims against Sir Lauchlan Macintosh, he cited him before the lords of council and session, but failing to appear, he was again denounced rebel, and outlawed for his disobedience. Sir Lauchlan, who was then in England at court, informed the king of the earl’s proceedings, which he described as harsh and illegal, and, to counteract the effect which such a statement might have upon the mind of his majesty, the earl posted to London and laid before him a true statement of matters. The consequence was, that Sir Lauchlan was sent home to Scotland and committed to the castle of Edinburgh, until he should give the earl full satisfaction. This step appears to have brought him to reason, and induced him to apply, through the mediation of some friends, for a reconciliation with the earl, which took place accordingly, at Edinburgh, in the year 1619. Sir Lauchlan, however, became bound to pay a large sum of money to the earl, part of which the latter afterwards remitted. The laird of Grant, by whose advice Macintosh had acted in opposing the earl, also submitted to the latter; but the reconciliation was more nominal than real, for the earl was afterwards obliged to protect the chief of the clan Cameron against them, and this circumstance gave rise to many dissensions between them and the earl, which ended only with the lives of Macintosh and the laird of Grant, who both died in the year 1622, when the ward of part of Macintosh’s lands fell to the earl, as his superior, during the minority of his son. The Earl of Seaforth and his clan, who had also favoured the designs of Macintosh, were in like manner reconciled, at the same time, to the Earl of Enzie, at Aberdeen, through the mediation of the Earl of Dunfermline, the Chancellor of Scotland, whose daughter the Earl of Seaforth had married.[209]

In no part of the Highlands did the spirit of faction operate so powerfully, or reign with greater virulence, than in Sutherland and Caithness and the adjacent country. The jealousies and strifes which existed for such a length of time between the two great rival families of Sutherland and Caithness, and the warfare which these occasioned, sowed the seeds of a deep-rooted hostility, which extended its baneful influence among all their followers, dependants, and friends, and retarded their advancement. The most trivial offences were often magnified into the greatest crimes, and bodies of men, animated by the deadliest hatred, were instantly congregated to avenge imaginary wrongs. It would be almost an endless task to relate the many disputes and differences which occurred during the seventeenth century in these distracted districts; but as a short account of the principal events is necessary in a work of this nature, we again proceed agreeably to our plan.

The resignation which the Earl of Caithness was compelled to make of part of the feu lands of the bishopric of Caithness, into the hands of the bishop, as before related, was a measure which preyed upon his mind, naturally restless and vindictive, and in consequence he continually annoyed the bishop’s servants and tenants. His hatred was more especially directed against Robert Monroe of Aldie, commissary of Caithness, who always acted as chamberlain to the bishop, and factor in the diocese, whom he took every opportunity to molest. The earl had a domestic servant, James Sinclair of Dyren, who had possessed part of the lands which he had been compelled to resign, and which were now tenanted by Thomas Lindsay, brother-uterine of Robert Monroe, the commissary. This James Sinclair, at the instigation of the earl, quarrelled with Thomas Lindsay, who was passing at the time near the earl’s house in Thurso, and, after changing some hard words, Sinclair inflicted a deadly wound upon him, of which he shortly thereafter died. Sinclair immediately fled to Edinburgh, and thence to London, to meet Sir Andrew Sinclair, who was transacting some business for the king of Denmark there, that he might intercede with the king for a pardon; but his majesty refused to grant it, and Sinclair, for better security, went to Denmark along with Sir Andrew.

As Robert Monroe did not consider his person safe in Caithness under such circumstances, he retired into Sutherland for a time. He then pursued James Sinclair and his master, the Earl of Caithness, for the slaughter of his brother, Thomas Lindsay; but, not appearing for trial on the day appointed, they were both outlawed, and denounced rebels. Hearing that Sinclair was in London, Monroe hastened thither, and in his own name and that of the bishop of Caithness, laid a complaint before his majesty against the earl and his servant. His majesty thereupon wrote to the Lords of the Privy Council of Scotland, desiring them to adopt the most speedy and rigorous measures to suppress the oppressions of the earl, that his subjects in the north who were well affected might live in safety and peace; and to enable them the more effectually to punish the earl, his majesty ordered them to keep back the remission that had been granted for the affair at Sanset, which had not yet been delivered to him. His majesty also directed the Privy Council, with all secrecy and speed, to give a commission to Sir Robert Gordon to apprehend the earl, or force him to leave the kingdom, and to take possession of all his castles for his majesty’s behoof; that he should also compel the landed proprietors of Caithness to find surety, not only for keeping the king’s peace in time coming, but also for their personal appearance at Edinburgh twice every year, as the West Islanders were bound to do, to answer to such complaints as might be made against them. The letter containing these instructions is dated from Windsor, 25th May, 1621.

The Privy Council, on receipt of this letter, communicated the same to Sir Robert Gordon, who was then in Edinburgh; but he excused himself from accepting the commission offered him, lest his acceptance might be construed as proceeding from spleen and malice against the Earl of Caithness. This answer, however, did not satisfy the Privy Council, which insisted that he should accept the commission; he eventually did so, but on condition that the council should furnish him with shipping and the munitions of war, and all other necessaries to force the earl to yield, in case he should fortify either Castle Sinclair or Ackergill, and withstand a siege.

While the Privy Council were deliberating on this matter, Sir Robert Gordon took occasion to speak to Lord Berridale, who was still a prisoner for debt in the jail of Edinburgh, respecting the contemplated measures against the earl, his father. As Sir Robert was still very unwilling to enter upon such an enterprise, he advised his lordship to undertake the business, by engaging in which he might not only get himself relieved of the claims against him, save his country from the dangers which threatened it, but also keep possession of his castles; and that as his father had treated him in the most unnatural manner, by suffering him to remain so long in prison without taking any steps to obtain his liberation, he would be justified, in the eyes of the world, in accepting the offer now made. Being encouraged by Lord Gordon, Earl of Enzie, to whom Sir Robert Gordon’s proposal had been communicated, to embrace the offer, Lord Berridale offered to undertake the service without any charge to his majesty, and that he would, before being liberated, give security to his creditors, either to return to prison after he had executed the commission, or satisfy them for their claims against him. The Privy Council embraced at once Lord Berridale’s proposal, but, although the Earl of Enzie offered himself as surety for his lordship’s return to prison after the service was over, the creditors refused to consent to his liberation, and thus the matter dropped. Sir Robert Gordon was again urged by the council to accept the commission, and to make the matter more palatable to him, they granted the commission to him and the Earl of Enzie jointly, both of whom accepted it. As the council, however, had no command from the king to supply the commissioners with shipping and warlike stores, they delayed proceedings till they should receive instructions from his majesty touching that point.

When the Earl of Caithness was informed of the proceedings contemplated against him, and that Sir Robert Gordon had been employed by a commission from his majesty to act in the matter, he wrote to the Lords of the Privy Council, asserting that he was innocent of the death of Thomas Lindsay; that his reason for not appearing at Edinburgh to abide his trial for that crime, was not that he had been in any shape privy to the slaughter, but for fear of his creditors, who, he was afraid, would apprehend and imprison him; and promising, that if his majesty would grant him a protection and safe-conduct, he would find security to abide trial for the slaughter of Thomas Lindsay. On receipt of this letter, the lords of the council promised him a protection, and in the month of August, his brother, James Sinclair of Murkle, and Sir John Sinclair of Greenland, became sureties for his appearance at Edinburgh, at the time prescribed for his appearance to stand trial. Thus the execution of the commission was in the meantime delayed.

Notwithstanding the refusal of Lord Berridale’s creditors to consent to his liberation, Lord Gordon afterwards did all in his power to accomplish it, and ultimately succeeded in obtaining this consent, by giving his own personal security either to satisfy the creditors, or deliver up Lord Berridale into their hands. His lordship was accordingly released from prison, and returned to Caithness in the year 1621, after a confinement of five years. As his final enlargement from jail depended upon his obtaining the means of paying his creditors, and as his father, the earl, staid at home consuming the rents of his estates, in rioting and licentiousness, without paying any part either of the principal or interest of his debts, and without feeling the least uneasiness at his son’s confinement, Lord Berridale, immediately on his return, assisted by his friends, attempted to apprehend his father, so as to get the family estates into his own possession; but without success.

In the meantime the earl’s creditors, wearied out with the delay which had taken place in liquidating their debts, grew exceedingly clamorous, and some of them took a journey to Caithness in the month of April, 1622, to endeavour to effect a settlement with the earl personally. All, however, that they obtained were fair words, and a promise from the earl that he would speedily follow them to Edinburgh, and satisfy them of all demands; but he failed to perform his promise. About this time, a sort of reconciliation appears to have taken place between the earl and his son, Lord Berridale; but it was of short duration. On this new disagreement breaking out, the earl lost the favour and friendship not only of his brothers, James and Sir John, but also that of his best friends in Caithness. Lord Berridale, thereupon, left Caithness and took up his residence with Lord Gordon, who wrote to his friends at Court to obtain a new commission against the earl. As the king was daily troubled with complaints against the earl by his creditors, he readily consented to such a request, and he accordingly wrote a letter to the Lords of the Privy Council of Scotland, in the month of December 1622, desiring them to issue a commission to Lord Gordon to proceed against the earl. The execution of the commission was, however, postponed in consequence of a message to Lord Gordon to attend the Court and proceed to France on some affairs of state, where he accordingly went in the year 1623. On the departure of his lordship, the earl made an application to the Lords of the Council for a new protection, promising to appear at Edinburgh on the 10th of August of this year, and to satisfy his creditors. This turned out to be a mere pretence to obtain delay, for although the council granted the protection, as required, upon the most urgent solicitations, the earl failed to appear on the day appointed. This breach of his engagement incensed his majesty and the council the more against him, and made them more determined than ever to reduce him to obedience. He was again denounced and proclaimed rebel, and a new commission was granted to Sir Robert Gordon to proceed against him and his abettors with fire and sword. In this commission there were conjoined with Sir Robert, his brother, Sir Alexander Gordon, Sir Donald Mackay, his nephew, and James Sinclair of Murkle, but on this condition, that Sir Robert should act as chief commissioner, and that nothing should be done by the other commissioners in the service they were employed in, without his advice and consent.

The Earl of Caithness seeing now no longer any chance of evading the authority of the laws, prepared to meet the gathering storm by fortifying his castles and strongholds. Proclamations were issued interdicting all persons from having any communication with the earl, and letters of concurrence were given to Sir Robert in name of his majesty, charging and commanding the inhabitants of Ross, Sutherland, Strathnaver, Caithness, and Orkney, to assist him in the execution of his majesty’s commission; a ship well furnished with munitions of war, was sent to the coast of Caithness to prevent the earl’s escape by sea, and to furnish Sir Robert with ordnance for battering the earl’s castles in case he should withstand a siege.

Sir Robert Gordon having arrived in Sutherland in the month of August, 1623, was immediately joined by Lord Berridale for the purpose of consulting on the plan of operations to be adopted; but, before fixing on any particular plan, it was concerted that Lord Berridale should first proceed to Caithness to learn what resolution his father had come to, and to ascertain how the inhabitants of that country stood affected towards the earl. He was also to notify to Sir Robert the arrival of the ship of war on the coast. A day was, at the same time, fixed for the inhabitants of the adjoining districts to meet Sir Robert Gordon in Strathully, upon the borders between Sutherland and Caithness. Lord Berridale was not long in Caithness when he sent notice to Sir Robert acquainting him that his father, the earl, had resolved to stand out to the last extremity, and that he had fortified the strong castle of Ackergill, which he had supplied with men, ammunition, and provisions, and upon holding out which he placed his last and only hope. He advised Sir Robert to bring with him into Caithness as many men as he could muster, as many of the inhabitants stood still well affected to the earl.

The Earl of Caithness, in the meantime, justly apprehensive of the consequences which might ensue if unsuccessful in his opposition, despatched a messenger to Sir Robert Gordon, proposing that some gentlemen should be authorized to negotiate between them, for the purpose of bringing matters to an amicable accommodation. Sir Robert, who perceived the drift of this message, which was solely to obtain delay, returned for answer that he was exceedingly sorry that the earl bad refused the benefit of his last protection for clearing away the imputations laid to his charge; and that he clearly perceived that the earl’s object in proposing a negotiation was solely to waste time, and to weary out the commissioners and army by delays, which he, for his own part, would not submit to, because the harvest was nearly at hand, and the king’s ship could not be detained upon the coast idle. Unless, therefore, the earl at once submitted himself unconditionally to the king’s mercy, Sir Robert threatened to proceed against him and his supporters immediately. The earl had been hitherto so successful in his different schemes to avoid the ends of justice that such an answer was by no means expected, and the firmness displayed in it served greatly to shake his courage.

Upon receipt of the intelligence from Lord Berridale, Sir Robert Gordon made preparations for entering Caithness without delay; and, as a precautionary measure, he took pledges from such of the tribes and families in Caithness as he suspected were favourable to the earl. Before all his forces had time to assemble, Sir Robert received notice that the war ship had arrived upon the Caithness coast, and that the earl was meditating an escape beyond the seas. Unwilling to withdraw men from the adjoining provinces during the harvest season, and considering the Sutherland forces quite sufficient for his purpose, he sent couriers into Ross, Strathnaver, Assynt, and Orkney, desiring the people who had been engaged to accompany the expedition to remain at home till farther notice; and, having assembled all the inhabitants of Sutherland, he picked out the most active and resolute men among them, whom he caused to be well supplied with war-like weapons, and other necessaries, for the expedition. Having thus equipped his army, Sir Robert, accompanied by his brother, Sir Alexander Gordon, and the principal gentlemen of Sutherland, marched, on the 3d of September, 1623, from Dunrobin to Killiernan in Strathully, the place of rendezvous previously appointed. Here Sir Robert divided his forces into companies, over each of which he placed a commander. The following morning he passed the river Helmsdale, and arranged his army in the following order:--Half-a-mile in advance of the main body he placed a company of the clan Gun, whose duty it was to search the fields as they advanced for the purpose of discovering any ambuscades which might be laid in their way, and to clear away any obstruction to the regular advance of the main body. The right wing of the army was led by John Murray of Aberscors, Hugh Gordon of Ballellon, and Adam Gordon of Kilcalmkill. The left wing was commanded by John Gordon, younger of Embo, Robert Gray of Ospisdale, and Alexander Sutherland of Kilphidder. And Sir Robert Gordon himself, his brother Sir Alexander, the laird of Pulrossie, and William Mac-Mhic-Sheumais of Killiernan, led the centre. The two wings were always kept a short distance in advance of the centre, from which they were to receive support when required. In this manner the army advanced towards Berridale, and they observed the same order of marching during all the time they remained in Caithness.

As soon as Lord Berridale heard of Sir Robert Gordon’s advance, he and James Sinclair of Murkle, one of the commissioners, and some other gentlemen, went forward in haste to meet him. The parties accordingly met among the mountains above Cayen, about three miles from Berridale. Sir Robert continued his march till he arrived at Brea-Na-Henglish in Berridale, where at night he encamped. Here they were informed that the ship of war, after casting anchor before Castle Sinclair, had gone from thence to Scrabster road, and that the Earl of Caithness had abandoned the country, and sailed by night into one of the Orkney Islands, with the intention of going thence into Norway or Denmark. From Brea-Na-Henglish the army advanced to Lathron, where they encamped. Here James Sinclair of Murkle, sheriff of Caithness, Sir William Sinclair of May, the laird of Ratter, the laird of Forse, and several other gentlemen of Caithness, waited upon Sir Robert Gordon and tendered their submission and obedience to his majesty, offering, at the same time, every assistance they could afford in forwarding the objects of the expedition. Sir Robert received them kindly, and promised to acquaint his majesty with their submission; but he distrusted some of them, and he gave orders that none of the Caithness people should be allowed to enter his camp after sunset. At Lathron, Sir Robert was joined by about 300 of the Caithness men, consisting of the Cadels and others who had favoured Lord Berridale. These men were commanded by James Sinclair, fiar of Murkle, and were kept always a mile or two in advance of the army till they reached Castle Sinclair.

No sooner did Sir Robert arrive before Castle Sinclair, which was a very strong place, and the principal residence of the Earl of Caithness, than it surrendered, the keys being delivered up to him as representing his majesty. The army encamped before the castle two nights, during which time the officers took up their quarters within the castle, which was guarded by Sutherland men.

From Castle Sinclair Sir Robert marched to the castle of Ackergill, another strong place, which also surrendered on the first summons, and the keys of which were delivered in like manner to him. The army next marched in battle array to the castle of Kease, the last residence of the earl, which was also given up without resistance. The Countess of Caithness had previously removed to another residence not far distant, where she was visited by Sir Robert Gordon, who was her cousin-german. The countess entreated him, with great earnestness, to get her husband again restored to favour, seeing he had made no resistance to him. Sir Robert promised to do what he could if the earl would follow his advice; but he did not expect that matters could be accommodated so speedily as she expected, from the peculiar situation in which the earl then stood.

From Kease Sir Robert Gordon returned with his army to Castle Sinclair, where, according to the directions he had received from the Privy Council, he delivered the keys of all these castles and forts to Lord Berridale, to be kept by him for his majesty’s use, for which he should be answerable to the lords of the council until the farther pleasure of his majesty should be known.

The army then returned to Wick in the same marching order which had been observed since its first entry into Caithness, at which place the commissioners consulted together, and framed a set of instructions to Lord Berridale for governing Caithness peaceably in time coming, conformably to the laws of the kingdom, and for preventing the Earl of Caithness from again disturbing the country, should he venture to return after the departure of the army. At Wick Sir Robert Gordon was joined by Sir Donald Mackay, who had collected together the choicest men of Strathnaver; but, as the object of the expedition had been accomplished, Sir Donald, after receiving Sir Robert’s thanks, returned to Strathnaver. Sir Robert having brought this expedition to a successful termination, led back his men into Sutherland, and, after a stay of three months, went to England, carrying with him a letter from the Privy Council of Scotland to the king, giving an account of the expedition, and of its happy results.[210]

FOOTNOTES:

[205] Act James VI., Parl. 3, Cap. 45.

[206] Sir R. Gordon, p. 299.

[207] Gregory’s Western Highlands, p. 349, et seq.

[208] Sir R. Gordon, p. 329, et seq.

[209] Sir Robert Gordon, p. 356, et seq.

[210] Sir Robert Gordon, p. 366, et seq.

Spotted a typo or a problem in this chapter? Tell us