THE bond granted by
Allaster Ower to the Laird of Glenurchay, which Duncan Ladosach so
fearfully resented, is in terms as follows :—
"Bond of Alexander Vc
Condoquhy."
Alexander M'Patrick
Vc Condoquhy is becumyn of his awn fre will ane faythfull seruand to
Collyne Campbell of Glenwrchquay and his ayris for all the dais—of
his lyftyme—incontrar all—personnis, the authorite beand excepit
alanerly, baytht till ryde and gang on horss and on futt, in Hieland
and Lawland, upon the said Collyns expenses —And gif it happinnys
ony differance—betwixt the said Collyne his ayris and M'Gregour his
cheyff—the said Alexander sail nocht stand with ane of them, bot he
sail be an evinly man for baytht the parties —Attour the said
Alexander hes maid—the said Collyne and his ayris his—assingnais—to—his
takys—of ony landis and specially of the ten merkland of Wester
Morinch, now occupyit be the said Alexander and his subtennents. And
also has nominat—the said Collyne and his ayris—his executoris and
intromettouris with all— his gudis— mowbile and immowible that he
happinis to hef the tyme of his_decess and that in cace he hef na
barnis lewand at that tyme lauchtfully gottyn—For the quhilk the
said Collyne and his ayris sail—defend the foirsaid Alexander in
all—his just actionys—the authorite, my LordofArgyle and their
actionis alanerly excepyt. Acta erant haec apud insulam de Lochthay
horam circiter secundam post merediem— presentibus ibidem Alexandro
Menzes de Rannocht, Joanne M'Emeweyr et magistro Willelmo Ramsay
notario publico testibus—10 Julii 155°-
The public indictment
of Duncan Ladasoch and his son, is supplied by the learned editor in
the preface to the Black Book. Mr. Innes says:
On the 26th Nov.
1551, "The Queen's advocate set forth that:" "Duncan Laudes and
Gregour his sone recently, namely, upoun Sounday the 22nd day of
November instant, at sex houris at even, under silence of nycht, be
way of hamesukin cam to the hous of Alaster Owir alias M'Gregoure,
servand to Colyne Campbell of Glen-urquhay of the landis of Moreis,
and be force tuke him furth of his said hous, and be way of murthure
straik him with whingearis and crewellie slew him, and spulzeit and
tuke fra him his purs, and in it the soume of fourty poundis : and
incontinent thireftir past to the landis of Killing to the hous of
ane pure man callit Johne M'Bayne Pipare, and thair assegit the said
hous and brak the durris thairof, and be force tuke the said Johne
furth of the samin, and straik his heid fra his body and crewellie
slew him, and gaif him divers uther straikis with whingearis in his
body."
Government having
outlawed and put him to the horn, exhausted in these legal
formalities the powers of vindicating its authority possessed by it
per se; and the more difficult part of making the Highland robber
suffer the punishment of a rebel and outlaw was devolved upon the
powerful and willing enemy of the clan, Colin Campbell, Laird of
Glenorchy. In virtue of the bond of submission, he was the feudal
representative and avenger of the murdered Alaster Ower; for
unfortunately for the administration of justice and equal protection
of all subjects, whatever sounding expressions to the contrary might
be found in the statute-book, and in the dicta of jurists, the most
glaring crimes and misdemeanours were yet looked upon as merely
affecting private parties, and were treated and settled accordingly;
as violations of law and equity, they had scarcely been yet
recognised to be crimes against the common welfare of society, and
to be prosecuted and avenged as such. "Colene, Sext Laird of
Glenurquhay," the "Cailean Liath" of Highland story, was, according
to the compiler of the Black Book, and he knew well, as he
wrote under the eye of Colin's son and successor, " Laird induring
the space of threttie-thre zeiris, in the quhilk tyme he conquesit
the few of the kingis landis and Charter-hous landis in Braydalbane
the tackis quhairoffhls predi-cessouris obtenit, as is above
written." In addition to this he had acquired the "superioritie of
M'Nab his haill landis." He was actual possessor of the greater
part, and with the exception of Struan's small Barony of Fernay or
Fernan, and a few other small bits of land, was Lord superior and
Bailie of the different Baronies and Lordships of Breadal-bane. With
the most ample feudal privileges, and though his predecessors had
land and manrent in the district for nearly a century, he was still
but a stranger in a strange land, in which his footing was but
precarious, and the authority granted by the King far from being
satisfactorily acknowledged and obeyed. At that time the feudal
charter, until the title of the holder was recognised and confirmed
by the so-called vassals, according to the old Celtic custom—that
is, by acknowledging or adopting him as chief, and granting him the
calp of chieftainship—was little else than a piece of useless
parchment. A landlord, in order to have the use and mastery of his
possessions, must either conciliate or extirpate the inhabitants.
The Laird of Glenorquhy was not in a position to adopt the latter
alternative, and he therefore eagerly and skilfully seized upon the
former. Breadalbane was at the time inhabited mostly by several old
colonies or sections of distant clans, who had come under the
auspices of different lord-superiors to occupy the places of those
ancient inhabitants upon whom confiscation and death had fallen on
account of their accession to the long-sustained and
to Bruce almost fatal opposition of M'Dougall of Lorn. The
inhabitants of Breadal-bane were thus made up from five or more
separate sources, and except the M'Nabs—a supposed branch of the
clan Gregor—none of the sections had a chieftain. This gave the
Laird of Glenurchy the precious opportunity of establishing his
judicial authority, and the band of manrent and calp of Ceann-Cinne
naturally followed, from men alive to feelings of gratitude, for
having been by the aid of the Bailie rescued from oppressors and
confirmed in their rights. Every act of judicial authority added,
what was both absolutely necessary for the safe exercise of that
authority and the gradual vindication of feudal possession, a
willing recruit to the standard of the "justiciar." It may sound
strange to present landlords that, three hundred years ago, a
proprietor could exercise no privilege of property till mutual
kindness produced a bond of brotherhood between him and his vassals,
till a democratic election confirmed the royal charter, and the calp
of clanship superseded the feudal enfeffment. No suspicion appears
then to have crossed the Celtic mind that despicable parchment right
to the soil was sufficient to confer the personal pre-eminence
which, in the absence of hereditary chiefs, they, even they, with
their wild notions of unrestrained freedom, had, for the sake of
internal union, and for giving edge to defensive or offensive
policy, found it at all times requisite to support, but which as
uniformly they had insisted upon creating for themselves, through
means of a rude election, while otherwise stubbornly refusing to
receive the current coins of dignity and authority, ready made to
hand by the royal mint. The sons of the Gael were no Macsycophants
indoctrinated in the sublime art of "booing;" feudalism,
therefore, cunningly enveloped her crest in Highland tartan, and
invoked obedience and love by the strict observance of clannish
customs; nor was it until the middle of the eighteenth century that
she finally dropped the mantle, and Highlanders bent before the hat
of Gessler.
With such reasonable
hopes of consolidating his rights and doubling his manrent, by the
extending acknowledgment of his judicial character, it is not
wonderful the Laird of Glenorchy should see with rage, and meet with
animosity, whatever threatened to stop him in that progress. The
M'Gregors sinned in this line beyond the hope of forgiveness. The
families of the clan on Glenorchy's lands were taught to look for
the redress of injuries, not to the baron-superior and his court,
but to the distant and almost landless chief of the M'Gregors; nay,
did they incline of their free will to choose the nearer and surer
protection, the fate of Allaster Ower was an awful warning to all
intending to betray Clan Alpin's pine The murderous "whingearis"
stopped the progress of Glenorchy, who resolved to quench the sudden
terror in the heart blood of the author. The murder was committed on
the 22nd November, 1551, and four months after, the nth March, 1551
(for the new year commenced in the latter end of March), the
following bond was signed—viz.:
"Be it kend till all
men, us James Stewart, sone to Walter Stewart of Ballindoran,
Alexander Dormond, and Malcome Dormond, yonger, to have gevin our
band of manrent to Colline Campbell of Glenurqu-hay and his airis;
Duncane Campbell, sone and apperand air to Archibald Campbell of
Glenlioun, and his airis; for all the days of our lyvetyme in all
actionis. And in speciale that we sail depone ourselffis at our
haill power, wytht our kyn freyndis and part-takaris to invade and
persew to the deid Duncane Laudossch M'Gregour, Gregour his sone,
thair seruandis, part-takaris, and complices in all bundis and
contreis quhare ever thai sail happyn to mak resydens, be reasoun
that thai are our deidlie enemies and our Souerane Ladei's rebellis,
&c. &c. At the He of Lochtay, nth March, 1551."
This bond may have
possibly been the cause of the horrible slaughter of Drummond of
Drummond-Ernoch in after years.
While the old fox
appeared beset on all hands, and Glenorchy breathed nothing but
death and revenge, lo! unexpectedly, a change comes o'er the spirit
of the dream:—
"Be it kend till all
men—Me Colyne Campbell of Glenurquhay grants me to have ressavit
Duncane M'Gregour and Gregour his sone in my menteinance—in all—thair—just—actions—in
so far as I may of law, and gude conscience. And atour to have
forgevin—the saidis Duncane and Gregour—thair servandis complices
and part-takers, the seill of luf and gude conscience moving me to
the samyn, all maner of ac-tionis—and faltis that ony of them hes
committit to me—providing alwais that the saidis Duncane and Gregour—fulfil
thair band and manrent—maid to me and my airis in all pointis.
Forquhilkis— grantis me to have given—to the saidis Duncane and
Gregour—thair eschetis of all thair gudis movabill and unmovabill,
quhilkis—I purchist at my Lord Governouris handis, tha beand for the
tyme our Sourane Ladeis rebellis, and now ressavit to hir heines
peace and my favouris—In witnes herof I—hes subscriuit this my
letter of menteinance at the He of Lochtay the secund day of Maii
the year of God M. vc. fifty tua yeris befor thir witnes Alexander
Menzies of Rannocht, Patrick Campbell, David Toscheocht," &c.
As the names are not
retained, I do not know whether or not the following legend explains
the sudden change on the part of the Laird to mercy's side:—M'Gregor
of Dunan, in Rannoch, had committed great herships on the lands of
the Campbells in every direction, and particularly on those of
Campbell of Glenorchy. The latter did all in his power to take him
dead or alive ; but M'Gregor, notwithstanding, not only eluded his
enemy, but continued to commit greater depredations. At last
Glenorchy offered terms of amity and peace, and proposed a
conference at the newly-built Castle of Balloch (Taymouth) with a
certain number of friends on both sides, to settle disputes and
ratify the relations of friendship into which the parties were about
to enter. Glenorchy did all this deceitfully, thinking thus to
capture M'Gregor and his principal followers when off their guard.
M'Gregor, not suspecting the snare, set off for Balloch at the time
proposed, accompanied by the number of men agreed upon. On the top
of Drummond, the hill overhanging the castle and meadows of Taymouth,
they encountered an old man, who, on bended knees, before a huge
grey stone, appeared to be repeating his orisons in a state of great
perturbation. Struck with a thing so unusual, M'Gregor, drawing
near, discovered the old man was repeating the prayers for the dead,
with which ever and anon the following sentence mixed—" To thee,
grey stone, I tell it, but when the black bull's head appears,
M'Gregor's sword can hardly save the owner's fated head. Deep the
dungeon—sharp the axe—and short the shrift." M'Gregor saw at once
the toils were set for him, and that the old man had taken this
round-about way of apprising him of the vile conspiracy, for fear of
the Laird, and in consequence of being sworn to secrecy. He
proceeded on his way, however. Glenorchy received him with the most
cordial appearance of kindness. Dinner was laid for them in the
great hall of the castle, each Campbell having a M'Gregor on his
right hand—a circumstance giving the latter a very decided advantage
in the melee which followed. The introduction of the black
bull's head, and a simultaneous clatter of armed men in an adjoining
chamber, put the M'Gregors into an attitude of defence. Snatching
the dagger stuck in the table before him, which a few moments
previous he had used in cutting his meat, M'Gregor held its point
within an inch of the heart of Glenorchy, while with the other hand
he compressed his throat. His men following promptly the example of
the leader, a scene ensued not unlike that in which Quentin Durvvard
was chief actor in the hall of the Bishop of Liege, with this
difference, however, that the M'Gregors carried off captive the
Baron and some of his principal retainers ; the armed vassals, at
the earnest request of the Baron himself, whose life the least
attempt on their part to rescue him would endanger, offering no
resistance. M'Gregor crossed by the boat at Ken-more, dragged his
captives to the top of Drummond, and there and then forced Glenorchy
to subscribe an ample pardon and remission for all past injuries,
and a promise of friendship for the future. The tradition does not
inform us whether the Laird kept to his promise or not; and, indeed,
from the omission of names it is otherwise an uncertain guide; but
it would harmonise well with the character of Duncan Ladosach, not
less renowned for cunning than courage, to act the part of the
M'Gregor of the story; and upon the whole, it is not improbable the
remission already given was extorted in some such way from
Cailean Liath of Glenurchay.
The foreseen result followed upon Duncan's death.
It removed the fear which deterred the separate chieftains and
leading men from submitting to fedual superiors, and thereby the
ligature of clanship was broken for the time, and the clan lost for
some years the commanding attitude of unbroken union, consequent
upon implicit obedience to the rule and behests of the natural chief
or his representative. The M'Gregor, almost yet a child, became, on
the death of the Tutor, a ward of the Campbells; and on coming to
man's estate, he soon discovered the self-constituted guardians had
so well employed the opportunities afforded in his years of nonage,
that his authority over the clan had been sadly undermined, and his
personal consequence had shrunk considerably. It may be worth while
to notice some of the leading M'Gregors who made their submission to
Glen-orchy within a month or two after Duncan's execution.
"At the Isle of
Lochtay, 3d August, 1552.—William M'Olcallum, in Rannocht, Malcum
his sone, and Donald Roy M'Olcallum Glass, bindis and obleissis
thame, &c. to be afald servantis to Colyne Campbell of Glenurquhay,
and to his airis mail quhom thai haif elecht and chosyn for thair
cheyffis and masteris, renunceand M'Gregour thair chief," &c. &c.
4th August, 1552.—Malcum
M'Aynmallycht (son of'John the cursed' —probably called so on
account of being excommunicated by the Church), William and Malcum
M'Neill VcEwin and Duncane thair brother, renouncing M'Gregour thair
chief, bind themselves to Colyne Campbell of Glenurquhay giving him
thair calps ; the said Colyne being bound to defend them in thair
possessions, or to give them others within his own boundis."
21st August, 1522.—"
Gregour M'Gregour, son of the deceased Sir James M'Gregour, Dean of
Lesmoir," &c. &c.
9th September,
1552.—Donald Beg M'Acrom, Duncane and Williame his brothers,
dwelling in the bray of Weyme, bind themselves to Colyne Campbell,
having overgiven the Laird of M'Gregour," &c. &c.
21st December,
1552.—"Duncan M'Andrew in . . . Duncane & Malcum his sons, renounce
the Laird M'Gregour," &c. &c,
M'Gregor of Roro's bond to the same effect
appears to have been lost; but from the terms of a subsequent
one, granted in 1585 by the head of that house, there is every proof
that "Duncan Gour " (Gour or Gear signifies short) had been
as submissive as the rest. The Laird of Glenor-chy did not confine
his views to simply obtaining the fealty and subjection of the
M'Gregors residing on his own lands and within the bounds of his
proper jurisdiction; on the contrary, three of the preceding bonds
were granted by parties that in the eye of the law owed the duty of
vassals to the Lairds of Struan and Weem. When the M'Gregors had a
little time to recover from their consternation the bonds were no
longer granted, or, if granted, were worded as the following, in far
less unqualified terms: —"Bond by Duncane M'Alyster VcEwyn in
Drumcastell (Rannoch) to Colyne Campbell of Glenorchy—his
allegiance to the Queen's Grace and M'Gregor his chief being
excepted—disponing to the said Colyne Campbell the best
four-footed beast that shall be in his possession in time of his
decease and latter end, and called his calp," &c. &c.