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THE MACDONALDS.
SIR ALEXANDER
MACDONALD, though he died a comparatively young man, was held in
high estimation as a man of prudence and wisdom. As will be seen by
the description o his estate, he possessed great wealth. Some
allowance must be made for his behaviour in the 'Forty-five. He had
everything to lose by the failure of the insurrection, and except a
mere title, it is difficult to see what he could have gained by
joining in it. His sympathies may be presumed from hereditary
associations and otherwise, and it is more than likely that he would
have joined, had Prince Charles been backed up at his landing with
sufficient men and money. Even Lochiel declined to move until he was
taunted by the Prince in person, and had the estates, or an
equivalent guaranteed to him. The elder Clanranald and Glengarry
also kept at home, perhaps no great matter, seeing how well their
forces were commanded by young Clanranald and Lochgarry.
By nomination, dated
the 22nd of July, 1742, registered in the books of Council and
Session on the 8th of July, 1747, Sir Alexander Macdonald appointed
as tutors and curators to his son James—the Right Hon. Alexander,
Earl of Eglingtoune; Lady Margaret Montgomery or Macdonald, his
wife; James Moray of Abercairnie; Kenneth Mackenzie, advocate; Mr
Alexander Munro, Professor of Anatomy in Edinburgh; John Mackenzie
of Delvin, Writer to the Signet; and Alexander Macdonald of
Kingsburgh, who, in terms of the statute, lodged a tutorial
inventory of the pupil's estate at Inverness on the 12th of July,
1748. From an old duplicate of this document, I make some extracts,
and observe that while his rights over Barra are carefully limited
to the superiority, I think that Sir Alexander's rights to the 30
merks land of Skirrieheugh and the 12 merks land of Benbecula, etc.,
although stated with other lands, likewise did not go beyond the
superiority thereof.
PROPERTY LEFT BY SIR ALEXANDER
MACDONALD. "All
and whole the twenty pound lands of old extent of Slate; the forty
pound land of old extent of North Uist; the thirty merks land of
Skirrieheugh the twelve merks land of Benbecula the one merK land of
Gergriminish; the two penny land of Tallamartine; and the sixpenny
land of Orinsaig; the halfpenny lands of Bainliodrieforth the half
of the lands of Hegliegeng, with castles, towers, fortalices,
houses, milns, woods, fishings, parts pendicles and pertinents—
together with all and sundry privileges, liberties, and immunities
as well by sea as by land used and wont lying within the Lordship of
the Isles and Sheriffdom of Inverness. Also all and whole the nir.e
penny lands and island of Ilcisker in North Uist; the twelve penny
lands of Unguab; the twopenny lands of Torrdounise; the three penny
lands of Kirkibost; the one merk land of Tootertown in Illearie, in
North Uist; the two merk lands of Ardinillo in Slate and the ten
penny lands of Killievaxter in Trotternish, with parts, pendicles,
and pertirients. All and whole the eighty merks lands of Trotternish,
with castles, towers, and fortalices, manor places, milns, multures,
woods, fishings, as well of salmon as of other fishes, and as well
in salt water as fresh water, hills, plains, muirs, marshes,
cornmonties, privileges, pasturages, parts pendicles, annexis,
connexis, dependencies, and servants of free tenants, lying within
the island of Skye, Lordship of the Isles, and Sheriffdom of
Inverness. And sick- like these two unciates of land extending to an
eight merk land of the foresaid lands of Trotternish, with houses,
higgings, yards, hills, muirs, commonties, pasturages, privileges,
tofts, crofts, annexis, connexis, outsetts, mills, woods, fishings,
as well of salmon as of other fishes, and as well in salt water, as
in fresh water, parts, pendicles, and pertinents of the same.
"Together with the feu farm duty of
forty pounds belonging in property to Macneill of Barra, with the
right of superiority of the said lands out of which the said feu
duty is paid, together with all right, title, and interest the
deceased Sir Donald Macdonald of Sleat had or could pretend to the
teinds, parsonage, and vicarage of the lands above written; in which
lands and estate above mentioned the said deceased Sir Alexander
Macdonald stood duly infeft conform to Charter of Resignation in his
favour under the Great Seal, bearing date, 13th February, 1727,
whereby it is expressly declared that the foresaid haill lands and
estate shall in all time coming be called the Barony of Macdonald,
and that one sasine taken at the Manor place of Duntulm, as the
messuage of the said Barony, should be suffiient sasine for the said
whole lands and estate, notwithstanding their discontiguity.
"Item. That great lodging or tenement of
land, with the yard and area belonging thereto, and pertinents
thereof, lying in the Canongate, disponed by Isabella and Ann Setons,
and William Dick of Grange, conform to disposition by them in favour
of John Mackenzie of Delvin, dated 26th March, 1743, and which was
granted to the said John Mackenzie for behoof of Sir Alexander
Macdonald, and which lodging was let to the Earl of Glencairn for
five months, from November 1746, at ten pound sterling per month.
"Item. Two hundred pounds of principal
with the interest thereof from 25th March, 1734, decerned to be paid
by John Macdonald of Glengarry, conform to the decreet arbitral
dated said day, pronounced by John Macleod of Muiravonside, and
Kenneth Mackenzie, both advocates, in the submission to them by
Glengarry and Sir Alexander Macdonald, dated 30th November, 1733,
for which debt, then amounting to £342 14s, Sir Alexander had
obtained on 3rd July, 1745, decree of adjudication of the lands of
Knoydart and others.
"Item. Evan Murray, brother to Robert
Murray of Glencarnoch, £200 sterling, conform to bill dated 3rd
June, 1745, drawn by Kings- burgh for Sir Alexander's behoof upon
and accepted by Evan Murray, and was guaranteed by Robert Murray,
conform to his holograph missive letters.
Item. The said Evan Murray, the sum of
£40 sterling, also dated 3rd June, 1745, guaranteed as foresaid.
"Item. The said Robert Murray
personally, £39 12s 6d sterling, conform to bill dated 20th, payable
29th August, 1745.
"Item by Allan Macdonald of Knock, the
sum of £700 Scots, conform to a bill drawn by the said Sir Alexander
Macdonald upon and accepted by the said Allan Macdonald, dated 5th
July, 1743, and payable at Whitsunday, 1744.
"Item by Macleod, Younger of Raasay, the
sum of £315 12s 0d Scots, conform to a bill drawn by the said Sir
Alexander Macdonald upon and accepted by the said Younger Macleod,
dated 8th September, 1746, and payable at Whitsunday, 1747.
"Item by John Chisholm, wright in
Ostaigmore, the sum of £34 5s 2d Scots, conform to a bill drawn by
the said Sir Alexander Macdonald upon and accepted by the said John
Chisholm, dated 20th September, 1746, and payable on demand.
"Item by Donald Macleod in Unish, the
sum of £468 13s 4d Scots, conform to an obligation granted by him to
the said Sir Alexander Macdonald for the value of cattle, dated 5th
January, 1746.
"Item by the said Donald Macleod, the sum of £60 Scots as the price
of ten boils of Borreray's farm bear, at nine merks per boll,
conform to an obligation granted by the said Donald Macleod to the
said Sir Alexander Macdonald, dated -----
"Item by Roderick Macdonald of
Bornaskittag, the sum of sixty- six pounds thirteen shillings four
pennies Scots, conform to a bill drawn by the said Sir Alexander
Macdonald upon and accepted by the said Roderick Macdonald, dated
the 21st of November, 1745, and payable the 29th September, 1748.
"Item by Archibald Macdonald of
Tarskavaig, the sum of £42 13s 4d Scots, conform to a bill drawn by
the said Sir Alexander Macdonald upon and accepted by the said
Archibald Macdonald, dated the 16th of August, 1745, and payable the
29th of September, 1745.
"Item by the said Archibald Macdonald,
the sum of £252 Scots, conform to a bill drawn by the said Sir
Alexander Macdonald upon and accepted by him, dated the 6th of
September, 1746, and payable the 15th of May, 1747.
"Item by Mr John Macpherson, minister of
Slate, the sum of £333 6s 8d Scots, conform to a bill drawn by the
said Sir Alexander Macdonald upon and accepted by the said John
Macpherson, payable at Martinmas, 1746.
"Item by James Macdonald of Dalviell,
the sum of £90 15s Scots, conform to a bill drawn by the said Sir
Alexander Macdonald when and accepted by the said James Macdonald,
payable 15th November, 1746.
"Item by John Macdonald of Kinlochdale,
the sum of £25 13 4d Scots, conform to a bill drawn by the said Sir
Alexander Macdonald upon and accepted by the said John Macdonald,
payable 12th September, 1745.
"Item by Ronald Macalister, factor to
the said Sir Alexander Macdonald, the sum of £1689 15s 0d Scots,
being arrears of rent due to the said Sir Alexander by severals of
his tenants who granted bills therefor, which bills were put into
the hands of the said Ronald Macalister, who is to recover and
account for the same conform to an obligation granted by him
thereanent dated -----
"Item by Donald Macdonald of Castletown,
the sum of 924 merks Scots, conform to a bill drawn upon and
accepted by the said Donald Macdonald, dated 2nd December, 1743, and
payable at Whitsunday
1744. "Item by
Ronald Macdonald of Clanronald, the sum of 4800 merks Scots of
principal, 960 merks of liquidated expenses and interest of the said
principal sum since 17th June, 1741, and in time coming during the
not payment contained in a bond of corroboration granted by the said
Ronald Macdonald relative to the grounds of debt therein recited and
bearing date 30th July, 1741.
Item by Duncan Campbell, drover in
Ardkinlass, the sum of £250 sterling, yet resting of the sum of £450
sterling contained in a bill drawn by, and payable to Ranald
Macalister, in the Isle of Skye, dated 3rd October, 1746, upon and
accepted by the said Duncan Campbell, payable 1st or 2nd December,
then next, endorsed by said Ranald Macalister to the said John
Mackenzie and which indorsation was really a trust for behoof of the
said deceast Sir Alex. Macdonald and which bill is protested on the
20th and the Instrument of Protest registrate in the books of
Session, both in the month of January, 1747, with the Lords of
Session, dated 2nd July, 1747, at the instance of the said John
Mackenzie against Alexander Mackenzie of Fairburn, in whose hands
arrestments were used as debtor to the said Duncan Campbell.
"Item by Donald Macdonald of Castletone,
factor for the said defunct upon the lands of Slate, the sum of
£1697 0s 8d Scots, as the balance of his intrornissions; Crops
1744-5 conform to an account of charge and discharge filed betwixt
them, dated 8th November, 1746.
"Item. There was an open account
depending betwixt the defunct and the said Alex. Macdonald of
Kingsburgh, upon which there was a balance of £126 17s 10d Scots,
due to the defunct.
"Item. The deceast John Macdonald of
Kirkibost, the sum of L30 14s 11d sterling, per bill dated 2nd
October, 1746.
"Item by ditto, the sum of £10 3s 10 3/4d for his other bill dated
26th of the said month and year.
"item by ditto, the sum of £6 7s 2d, his
third bill, dated the 30th of the same month and year. But from
these three bills there falls to be £20 sterling discompted,
contained in the defunct's promissory note to the said John
Macdonald, dated 11th November, 1746.
Item by Evan Macdonald of Vallay, the
sum of £334 19s 10d Scots as the ballance of his intromissions as
factor for the defunct over his estate of Uist for cropt 1745,
conform to account filed betwixt them, dated 4th November, 1746.
"Item at the time of the defunct's death
the account of the said Evan Macdonald's intromissions, cropt £1746
was depending, but by an account of charge and discharge thereof,
drawn up since signed, and wherein the said former ballance is
charged against the factor. It appears that the ballance due by the
said Evan Macdonald amounts to £436 3s 10d Scots, besides an article
of £195 6s 0d about kelp which is disputable. Ronald Macalister at
Kingsburgh was factor on the lands of Trotterness, cropt 1746, and
Archibald Macdonald of Tarskavaig was factor on the lands of Slate
for that cropt, and the accounts of both these factors are still
depending uncleared.
Item by the said John Mackenzie, the sum
of £154 12s 0 1/4d sterling as the ballance of account current
betwixt the defunct and him at the period of the defunct's death,
and which was soon thereafter applied by him in the defunct's
affairs. The
sum of £300 sterling, part of the money which was found about the
defunct at the time of his death, and which was soon thereafter
remitted to the said John Mackenzie.
"Item, the further sum of £222 9s 0d
sterling, the remainder of the money which was found about the
defunct at the time of his death, and was lodged in the hands of the
said Ronald Macalister, for defraying the expense of the defunct's
funerals, and which ready money lying by the defunct is instructed
by a declaration signed by some of Sir Alexander's friends bearing
date the 3rd and 12th December, 1746. And at the same time that the
said £300 was remitted to the said John Mackenzie he was advised
that £20 sterling belonged to Clanranald, £50 to Clanranald's
brother, and £15 to the Laird of Barra, who were at that time all
prisoners at London, and for whose use the defunct received those
sums from their friends to be delivered to them at London, as
appears by several missive letters adrest to the said John Mackenzie
thereanent. In consequence whereof he did accordingly remit the said
sums to the persons above named.
Item, the defunct's silver plate at
Edinburgh, consisting of 332oz. 12 drops, conform to an inventory of
all particulars subscribed by Dougall Gedd, goldsmith in Edinburgh.
Item, the furniture of the defunct's
house in the Cannongate, conform to an inventory thereof subscribed
by Mary Smith, spouse to James Runcyman, Wright in Edinburgh, to
whose care the same was intrusted.
"Item, the number of 107 black cattle,
young and old, on the defunct's farm at Mugstot.
"Item, the horses and other stocking on
the defunct's said farm at Mugstot, which is to be accounted for by
the servants who had the charge thereof."
An additional inventory in form of "Eik"
was added in the year 1752, and is as follows :-
"The sum of £1574 17s 2d Scots of
principal with the interest thereof from the month of October, 1734,
as the balance of £2711 1s 1d Scots of principal contained in a bond
granted to him by John Mackinnons elder and younger of that ilk, and
Mr Neil Mackinnon, son to the deceased Lachlan Mackinnon of
Corrychatachan, dated 26th February and 18th March, 1729.
"Item by the said John Mackinnon,
younger of that Ilk, the sum of 2000 merks Scots, money and interest
thereof from Martinmas, 1736, contained in a bond granted by him to
Archibald Macdonald of Ostabeg, dated 22nd September, 1736, bearing
interest from Martinmas 1736, and 400 merks of penalty, to which the
said Sir Alexander Macdonald acquired right by assignation from the
said Archibald Macdonald, dated 15th February, 1742.
"Item by the said John Mackinnon,
younger of that Ilk, the principal sum of £1000 Scots with the
interest thereof from the 17th July, 1733, contained in bond granted
by him to Roderick Macleod of Ullinish, bearing interest from the
date, and 100 merks of penalty, and dated 17th July, 1733, to which
the said Sir Alexander Macdonald had right from the said Roderick
Macleod by assignation, dated the 12th September, 1741.
"Item by the said John Mackinnon,
younger of that Ilk, the sum of 1000 merks Scots money of principal,
200 merks of penalty and interest from Martinmas, 1736, contained in
a bond granted by him to Mr Alexander Nicolson, minister of the
gospel, dated 7th December, 1736, to which the said Sir Alexander
Macdonald acquired right from the said Mr Alexander Nicolson by
assignation, dated 15th September, 1741, registrate in the books of
session, 14th July, 1744.
"Item by the said John Mackinnon,
younger of that Ilk, and the said Neill Mackinnon, son to
Corrychattachan, the like sum of 1000 merks and interest, from
Whitsunday, 1744, contained in another bond by them to the said Mr
Alexander Nicolson, dated the 12th of August, 1729, bearing 200
merks of penalty and registrate in the Sheriff Court Books of
Inverness, the 8th of November, 1737, to which the said Sir
Alexander Macdonald had also right from the said Mr Alexander
Nicolson, by assignation dated the 10th of December, 1744.
"Item by the said John Mackinnon,
younger of that Ilk, the sum of 5000 merks of principal, 1000 merks
of penalty and interest from Whitsunday, 1733, contained in an
heritable bond affecting the lands of Strathardil or Mackinnon,
granted by the said John Mackinnon, younger, to the said Mr
Alexander Nicolson, dated the 25th of September, 1733, and
registrate in the Sheriff Court Books of Inverness, the 8th of
November, 1737, bearing an obligment to infeft, with procuratory of
resignation and precept of sasine for that effect, upon which
precept of sasine, the said Mr Alexander Nicolson, was infeft in an
annual rent of 250 merks, out of the barony of Mackinnon, conform to
his instrument of sasine, under the hand of Roderick Macdonald,
notar, dated the 15th of April, and registrate at Fortrose, 23rd of
May, both in the year 1740, and to which heritable debt and interest
thereof, from Martinmas 1744, the said Sir Alexander Macdonald had
right from the said Alexander Nicolson, by assignation and
disposition, dated the 12th of May, 1744.
"Item by the said John Mackinnon,
younger of that Ilk, the sum of £44 sterling of principal, with the
interest thereof, from the 1st October, 1741, contained in the said
John Mackinnon's accepted bill, to John Macleod, dated the 5th of
August, 1741, indorsed by him, to the said Sir Alexander Macdonald."
"N.B.—There was also an accepted bill
due by the said John Mackinnon, Younger of that Ilk, dated the 28th
of December, 1735, payable the 15th of May thereafter, to Martin
Macdonald, late servant to the said Sir Alexander, and endorsed by
him to the said Sir Alexander, but it consisting with the knowledge
of the said Lady Margaret Montgomery and appearing from several
other circumstances that the indorsation was only a trust in Sir
Alexander's person, the said bill was returned to the said Martin
Macdonald."
"Item —There being a tack of the five penny land of Kinlochnadale,
part of the barony of Mackinnon, entered intar betwixt the said John
Mackinnon, Younger, and the said Mr Alexander Nicolson for 38 years'
continuance from Whitsunday. 1734, for payment of 300 merks of
yearly tack-duty and dated the 9th of August, 1733, the benefit of
the said tack with the burden of the tack-duty was assigned by the
said Mr Alexander Nicolson to the said Sir Alexander Macdonald by
assignation dated the 5th of June, 1745. And there was another
disposition made by the said Mr Alexander Nicolson to the said Sir
Alexander Macdonald, dated the 10th of December, 1744, of a house
built upon the same possession."
"N.B.—All these writs and documents of
debt were in the year 1745 lodged by the said Sir Alexander
Macdonald in the hands of Mr Macdonald of Glengarry, who had been
casually in the Isle of Skye and was then intending a journey to
Edinburgh to be delivered to the said John Mackenzie, but the
rebellion and confusions coming on stopt Glengarry's journey, who
being soon thereafter made prisoner himself, these writs were only
lately recovered out of his possession and it is informed by the
said Sir Alexander Macdonald's factors that the tack duty of
Kinlochnadale has been resting and no part thereof paid by Sir
Alexander to Mackinnon since the date of the assignation in his
favour."
"Item—There was due by Malcolm Macleod of Raasay to the said Sir
Alexander Macdonald the sums of money aftermentioned by the
following bills, viz., one bill dated the 21st of September, 1742,
payable three months after date, 64 sterling. Item by another bill
dated the 21st of September, 1742, payable at Martinmas thereafter,
£8 6s 8d sterling. Item by a third bill dated the 11th of January,
1744, payable at Whitsunday thereafter, originally due by John
Macleod and endorsed by him to the said Sir Alexander, one pound six
shillings one penny one third sterling. Item by another bill or note
dated the 13th of April, 1745, payable the 1st of June thereafter to
Roderick Macdonald and endorsed by him to the said Sir Alexander,
£18 sterling. Item by another bill or note, dated the 24th of June,
1745, payable the 1st of August thereafter also to the said Roderick
Macdonald; indorsed by him to the said Sir Alexander, £2 15s 0d
sterling, and the interest it's believed is resting on the said
several bills since the terms of payment."
"N.B.—Sir Alexander had put these
several bills some short time before his death in the hands of his
factor, who had been treating with Macleod of Raasay about the
payment, so that it's only of late that these bills came to the
hands of the Tutors."
"Item—There was resting to the said Sir
Alexander by Sir Patrick Murray of Ochertyre, the sum of £11
sterling, conform to a bill dated 19th October, 1744, drawn by John
Macdonald upon and accepted by the said Sir Patrick for that sum,
payable 20th December thereafter, and which bill is indorsed by the
said John Macdonald to the said Sir Alexander and was protested at
Sir Alexander's instance for not payment, and the protest registrate
in the books of Session the 5th April, 1745."
"N.B.—This debt was lookt on as
desperate, Sir Patrick's affairs having gone into confusion. But a
small part of it has been lately paid, and there is some hopes that
the rest may also be recovered."
"Item—Some considerable time after the
death of the said Sir Alexander Macdonald, the Tutors finding that a
considerable sum had been allowed by the Government to the captains
of Independent Companies which had been raised for suppressing the
Rebellion, 1745, for arrears, clothing, accoutrements, etc. But a
part of this money was given and meant to reimburse the charge of
levying these companies, and as two of these companies, of which
James Macdonald of Aird and John Macdonald of Kirkibost were
captains, had been raised at the expense of the said Sir Alexander
Macdonald, who had been instrumental in procuring the command of
them to the said two persons. The Tutors, therefore, made a claim
upon them for reimbursing Sir Alexander's expense in levying these
companies and the same was transacted at £150 sterling for each of
the two companies, making in all £300 sterling, which sum was by
them paid in to the said John Mackenzie as Sir James's cashier, and
he has been accordingly charged therewith. But the same not having
been received till after the Tutorial inventories were made up, and
there being no written document to instruct the same therefor, the
Tutors could not enter that sum in their former inventory, which
they now elk to the same by this, that it may appear hereafter that
they fairly intend to hold compt for all the minor effects which
should or shall come to their hands."
This concludes the Inventory of Sir
Alexander Macdonald's immense estate at his death on the 23rd of
November, 1746. His hand fell heavily on the Mackinnon and Raasav
estates, and the numerous business transactions in which he was
engaged, may account for his hesitation in 1745 to follow the
hereditary Jacobite bent of his family. Since his time the House of
Sleat has undergone many vicissitudes, but they still have a good
hold, and almost without exception, it may be said, every Highlander
and Islander wishes the prosperity and standing of the grand old
house of "Mac Domhnuil nan Eilean."
RODERICK MACDONALD, CAMUSCROSS, AND HIS
SON JAMES.
Notwithstanding the position taken up in 1745 by Macleod of Macleod
and Macdonald of Sleat, many of the Skye people joined in the
insurrection, and none were more active and zealous than a tacksman
of good descent, Roderick, commonly called Rory Macdonald, of
Camuscross, parish of Sleat. He was not only well known in the
field, but also, at a later period, in the law courts.
He was held in high estimation by Sir
Alexander Macdonald and his son, Sir James, but fared very
differently at the hands of their successor, Sir Alexander the first
Lord. It did not matter where—whether in the old Macdonald
possessions, the lands acquired from Mackinnon, or in North Uist,
his Lordship's hand, I observe, fell heavily everywhere. I will
confine myself at present to the case of Camuscross. Roderick
Macdonald took a nineteen years' lease of Camuscross, Tortamanach,
Oransay, Barsavaig, with the grazings of Aslaig and Teangour, in the
year 1774, from Lord Macdonald, at what the tenant considered, after
experience, the extravagant rent of £72, but it was the place of his
birth and upbringing. He found it difficult in course of time to pay
the rent, and in consequence of a conversation with Lord Macdonald,
which led him to suppose a deduction would be made, Roderick went to
his Lordship, with the lease, in order, he hoped, to have a
deduction marked upon the back. Lord Macdonald, he alleged,
"declined to give any deduction, and, by some mistake or other, took
up the missive and carefully laid the same among his other papers,"
and Roderick thought it best to leave it in case Lord Macdonald
thought better of the application, but upon a subsequent application
Macdonald got neither reduction nor the restoration of his lease.
Some time after, in 1789, he was served with a summons of removal to
appear before Mr Sheriff-Substitute Macdonald, at the Change-House
of Dunvegan, in a Court there to be holden on the 31st of March. The
service copy summoned the defender, not in terms of the specific
date in the libel, the sheriff-officer, having of his own will, made
the date of compearance the 3rd of April.
Roderick Macdonald appeared in the
Change-House of Dunvegan, stating that he had several defences,
dilatory and peremptory, but confined himself to one, which was to
decline the Sheriff-Substitute's jurisdiction, he, the Sheriff being
his own nephew, and thereby falling within the Act of 1681, which
prohibits in certain degrees all judges from adjudicating upon the
affairs of their relatives. Lord Macdonald said it was a singular
and ill-conceived objection to be taken by the defender to his own
nephew, though it might have been different had the pursuer been the
person to raise it. Rory, however, stuck to his objection, and
Sheriff-Substitute John Macdonald, on the 5th of May, 1789,
sustained his objection "in respect that the Act of 1681 was
absolute," adding rather inconsequently to his interlocutor, it to
Lord Macdonald to insist before the Sheriff-Depute of the County or
a Supreme Court."
Lord Macdonald acted upon the first
suggestion, and got Sheriff Fraser of Farraline, not unwilling to
befriend a brother landlord, to entertain the process and order
pleadings. This was strenuously opposed by Roderick Macdonald, who
pled with great ingenuity that as the initiatory procedure occurred
in Skye it could not be removed except by way of appeal, and that
not a step could be taken except at the place to which he was first
summoned, the Change-House of Dunvegan. That if a man was summoned
to appear at Inverness for instance, the process cannot be
transferred to Aberdeen ; and in explanation of the number and
variety of the defender's objections, he added that "in determining
the exercise of the rights of property, especially towards the
depopulation of a country by removing its inhabitants, every defence
was bound to be stated and to be listened to, and have as full
weight as if a person were being tried for getting him banished."
The Sheriff was in a dilemma, but he
assoilzied Macdonald on the ground of the alteration in the summons
of the date of compearance.
Next year a determined effort was again
made to remove Macdonald. His various objections were repelled; he
could not get back his missive of tack, and had only some loose
acknowledgments of payments of rent. Decree was passed against him
in the Sheriff Court of Inverness, and an advocation followed. Mr
Fraser of Gortuleg was agent for Rory and fought well, but the
Justice-Clerk refused the bill. Upon 10th June, 1790, Gortuleg
writes—"This morning the Court ordered a very able petition for Rory
Camuscross to be answered, but those that are deemed the greatest
lawyers were for refusing, viz., the President, Gardenstone,
Eskgrove, and Swinton, and probably if he was present, the
Justice-Clerk would be for his own interlocuter, but he was in the
Outer House, and Lord Monboddo was likewise for refusing." Upon the
1st of July, 1790, Gortuleg again writes—"The majority of the Court
passed the Bill of Advocation, not without struggle, for there was
much weight of metal on the other side, particulatly the President
and Justice-Clerk, but Lords Eskgrove and Dreghorn with others made
a majority." After this Rory was left in peace. One of his sons was
the well-known James Macdonald, commonly called "Knock," who carried
on an extensive business as a general merchant for many years, but
his affairs became embarrassed, and many in the Highlands suffered
heavily. Business was carried on in those days with a high hand.
Norman Macleod of Eileanreach and Coll Macdonald of Barisdale, great
allies, fell out grievously from having been mixed up with Knock,
and some of the creditors helped themselves. Eileanreach, on the
14th of March, 1795, says—" The Macraes did on the fourth of this
month, carry
thirty cows from Knock in the night time, as I am informed. Certain
it is that Knock himself pursued them next day, with thirty men in
three boats, but did not overtake them till they ferried the cattle
across Loch Duich, where, it is said, he was opposed by such
formidable numbers that he sounded a retreat. Are these not pretty
doings?" Eileanreach was of opinion that Barisdale either knew of or
was at the bottom of this extensive lifting.
As Knock fell behind in his
circumstances, his father, old Rory Camuscross was not left alone.
James, on the 24th of March, 1786, says of his father, "that from
old age and lingering ailment he has lost his faculties," but two
years later, he writes enclosing two six hundred pounds bonds got
from his father under these conditions—
"It cost me some time to get my sister
decoyed from her father, in case she might be a bar in the way of
his signing the bonds. At last I got her to the Minister's house,
when I immediately went to Camuscross, and got my father to sign the
bonds there, upon Tuesday the 17th instant, before Malcolm Macaskill,
residenter in Knock, and Farquhar Martin, change-keeper in
Camuscross, both in the parish of Sleat. The bonds were read to him
before signing, which was not the case with regard to my sister's
bond. I am informed by one of the witnesses that it was never read
to him, and that he did not know what paper he was signing. My
father was so poorly the night he signed the bonds that he could not
sit to sign bills. There is no settled money. All that was made in
my mother's time was run through in time of his last wife. Nothing
now remains but his stock of cattle, which will not be worth half
the sums mentioned in the three bonds."
James of Knock is also anxious to defeat
some supposed schemes of a Dr Macleod to the prejudice of his and of
Tanera's children. |
