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.
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 resort, 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.
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-Gillespie, 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 orders from the chancellor, and at the same time assured Angus of
the chancelior’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."
Dunyveg Castle, Islay
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 Coil MacGillespie.
After being again battered for some time, Angus and some of his followers
at last surrendered unconditionally, Coil Mac-Gillespie 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, Coil Mac-Gillespie 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 Coil Mac-Gillespie, 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 Coil Mac-Gillespie 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-Gillespie 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, "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. ease 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 cautions 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-gennan, 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 Berndale 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 Berndale, 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 Bernidale 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 Berndale, 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 29th of August following.
Although the king was well pleased, on account of the
peace which such an adjustment would produce in his northern dorninions,
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:—lst. 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 perpetnum 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.
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 Big-house, 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 Six 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 Leanilair, 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 Keppoch, 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 crops 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 Lanchlan, 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 seine 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.
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 Cordon 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
credihors, 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, whore 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, Suther[and,
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 had 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 Caithmess 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 warlike 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 Helmadale, 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, liar 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. |