On the 5th of February, 1595-96, it is complained against him by Alexander Bayne of Tulloch that although upon the 7th of March, 1594, John MacGillechallum, Raasay, had been put to the horn for non-appearance to a complaint by the said Alexander and his son Alexander, Fiar of Tulloch, against the Rev. John Mackenzie, minister of Urray, touching certain oppressions and depredations committed on him and his tenants, he remained not only unrelaxed from the horn, but continues in "his wicked and accustomed trade of rief theft, sorning, and oppression," seeking "all indirect and shameful means to wreck and destroy him and his bairns." A short time before this, MacGillechallum sent to the complainer desiring him to give over to him his (Bayne's) old heritage called Torridon, "with assurance if he do not the same to burn his whole corn and goods." In these insolencies "he is encouraged and set forward by the consort, reset, and supply which he receives of Kenneth Mackenzie of Kintail and his friends, he being near kinsman to the said Kenneth, viz.: his father's sister's son; who, in that respect, shows him all good offices of friendship and courtesy, indirectly assisting him with his men and moyen in all his enterprises against the said complainer and his bairns, without whose oversight and allowance and protection it were not able to him to have a reset in any part of the country." The complainer, Alexander Bayne, describes himself as "a decrepit aged man past eighty years of age and being blind these years he must submit himself to his Majesty for remedy." Kintail appeared personally, and Tulloch by his two sons, Alexander and Ranald, whereupon the King and Council remitted the complaint to be decided before the ordinary judges.
The following account from family MSS. and Sir Robert Gordon's "Earldom of Sutherland," refers no doubt to the same incidents - John MacCallum, a brother of the Laird of Raasay, annoyed the people of Torridon, which place at that time belonged to the Baynes of Tulloch. He alleged that Tulloch, in whose house he was fostered, had promised him these lands as a gift of fosterage; but Tulloch, whether he had made a previous promise to MacGillechallum or not, left the lands of Torridon to his own second son, Alexander Mor MacDhonnchaidh Mhic Alastair, alias Bayne. He afterwards obtained a decree against MacGillechallum for interfering with his lands and molesting the people, and, on a Candlemas market, with a large following of armed men, made up of most of the Baynes, and a considerable number of Munros, he came to the market stance, at that time held at Logie. John MacGillechallum, ignorant of Tulloch "getting the laws against him" and in no fear of his life or liberty, came to the market as usual, and, while standing buying some article at a chapman's stall, Alastair Mor and his followers came up behind him unperceived, and, without any warning, struck him on the head with a two-edged sword - instantly killing him. A gentleman of the Clann Mhurchaidh Riabhaich Mackenzies, Ian Mac Mhurchaidh Mhic Uilleam, a very active and powerful man, was at the time standing beside him, and he asked who dared to have spilt Mackenzie blood in that dastardly manner. He had no sooner said the words than he was run through the body by one of the swords of the enemy; and thus, without an opportunity of drawing their weapons, fell two of the best swordsmen in the North of Scotland. The alarm and the news of their death immediately spread through the market. "Tulloch Ard," the war cry of the Mackenzies, was instantly raised; whereupon the Baynes and the Munros took to their heels - the Munros eastward to the Ferry of Fowlis, and the Baynes northward to the hills, both followed by a band of the infuriated Mackenzies, who slaughtered every one they overtook. Iain Dubh Mac Choinnich Mhic Mhurchaidh, of the clan Mhurchaidh Riabhaich, and Iain Gallda Mac Fhionnla Dhuibh, two gentlemen of the Mackenzies, the latter of whom was a Kintail man, were on their way from Chanonry to the market, when they met in with a batch of the Munros flying in confusion and, learning the cause to be the murder of their friends at Logie market, they instantly pursued the fugitives, killing no less than thirteen of them between Logie and the wood of Millechaich. All the townships in the neighbourhood of the market joined the Mackenzies in the pursuit, and Alastair Mor Bayne of Tulloch only saved himself, after all his men were killed, by taking shelter and hiding for a time in a kiln-logie. Two of his followers, who managed to escape from the market people, met with some Lewismen on their way to the fair, who, noticing the Baynes flying half naked, immediately stopped them, and insisted upon their giving a proper account of themselves. This proving unsatisfactory they came to high words, and from words to blows, when the Lewismen attacked and killed them at Ach-an-eilich, near Contin.
The Baynes and the Munros had good cause to regret the cowardly conduct of their leaders on this occasion at Logie market, for they lost no less than fifty able-bodied men in return for the two gentlemen of the Clan Mackenzie whom they had so basely murdered at the fair. One lady of the Clan Munro lost her three brothers, on whom she composed a lament, of which the following is all we could obtain:—
'S olc a' fhuair mi tus an Earraich,
'S na feill Bride 'chaidh thairis,
Chaill mi mo thriuir bhraithrean geala,
Taobh ri taobh u' sileadh fala.
'Se 'n dithis a rinn mo sharach',
Fear beag dubh a chlaidheamh Iaidir,
'S mac Fhionnla Dhuibh a Cinntaile
Deadh mhearlach nan adh 's nan aigeach.
When night came on, Alastair Mor Bayne escaped from the kiln, and went to his uncle Lovat, who at once despatched James Fraser of Phopachy south, with all speed to prevent information from the other side reaching the King before be had an opportunity of relating his version of the quarrel. His Majesty was at the time at Falkland, and a messenger from Mackenzie reached him before Alastair Mor, pursuing for the slaughter of Mackenzie's kinsmen. He got the ear of his Majesty and would have been successful had not John Dubh Mac Choinnich Mhic Mhurchaidh meanwhile taken the law into his own hands by burning, in revenge, all Tulloch's cornyards and barns at Lemlair, thus giving Bayne an opportunity of presenting another and counter claim but the matter was ultimately arranged by the King and Council obliging Kintail and Tulloch mutually to subscribe a contract of agreement and peaceful behaviour towards each other.
Under date of 18th February, 1395-96, there is an entry in the Privy Council Records that Kenneth Mackenzie of Kintail "being elected and chosen to be one of the ordinary members" of the Council, and being personally preset, makes faith and gives oath in the usual manner. In a complaint against him, on the 5th of August, 1596, by Habbakuk Bisset, he is assoilzied in all time coming by a decree of their Lordships in his favour.
Upon the death of Old Roderick of the Lewis, Torquil Dubh succeeded him, excluding Torquil Cononach from the succession on the plea of his being a bastard. The latter, however, held Coigeach and his other possessions on the mainland, with a full recognition by the Government of his rights to the lands of his forefathers in the Lewis. His two sons having been killed, and his eldest daughter, Margaret, having married Roderick Mackenzie of Coigeach, progenitor of the Cromarty family, better known as the Tutor of Kintail, Torquil Cononach threw himself into the hands of Kintail for aid against the bastards. By Roderick Mackenzie's marriage with Torquil Cononach's eldest daughter, he became heir of line to the ancient family of Macleod, an honour which still remains to his descendants, the Cromarty family. Torquil Dubh secured considerable support by marriage with a daughter of Tormod, XI., and sister of William Macleod, XII. of Harris and Dunvegan, and, thus strengthened, made a descent on Coigeach and Lochbroom, desolating the whole district, aiming at permanent occupation. Kintail, following the example of his predecessors - always prudent, and careful to keep within the laws of the realm - in 1596 laid the following complaint before King James VI.:
Please your Majesty, - Torquil Dow of the Lews, not contenting himself with the avowit misknowledging of your Hieness authority wherebe he has violat the promises and compromit made before your Majesty, now lately the 25th day of December last, has ta'n upon him being accompanied w 7 or 800 men, not only of his own by ylands neist adjacent, to prosecute with fire and sword by all kind of gud order, the hail bounds of the Strath Coigach pertaining to M'Leod his eldest brother, likewise my Strath of Lochbroom, quhilks Straths, to your Majesty's great dishonour, but any fear of God ourselves, hurt and skaith that he hath wasted w fire and sword, in such barbarous and cruel manner, that neither man, wife, bairn, horse, cattle, corns, nor bigging has been spared, but all barbarously slain, burnt, and destroyit, quhilk barbarity and cruelty, seeing he was not able to perform it but by the assistance and furderance of his neighbouring Ylesmen, therefore beseeches your Majesty by advice of Council to find some sure remeid wherebe sick cruel tyrannie may be resisted in the beginning. Otherway nothing to be expectit for but dailly increasing of his malicious forces to our utter ruin, quha possesses your Majesty's obedience, the consideration quharof and inconveniences quhilk may thereon ensue. I remit to your Highness guid consideration of whom taking my leif with maist humble commendations of service, I commit your Majesty to the holy protection of God eternal. At the Canonry of Ross, the 3d day, Jany. 1596-97. Your Majesty's most humble and obt. subject. KENNETH MACKENZIE of Kintail.
The complaint came before the Privy Council, at Holyrood, on the 11th of February, following, and Torquil Dubh, failing to appear, was denounced a rebel. Kenneth thereupon obtained a commission of fire and sword against him, as also the forfeiture of the Lewis, upon which Torquil Cononach made over his rights to Mackenzie, on the plea that he was the next male heir, but reserving the lands of Coigeach to his own son-in-law. The Mackenzies did all they could to obtain the estste for Torquil Cononach, the legitimate heir, but mainly through his own want of activity and indolent disposition, they failed with their united efforts to secure undisturbed possession for him. They succeeded, however, in destroying the family of Macleod of the Lewis, and most of the Siol-Torquil, and ultimately became complete masters of the island. The Brieve by stratagem captured Torquil Dubh, with some of his friends, and delivering them up to Torquil Cononach, they were, by his orders, beheaded in July, 1597. "It fell out that the Breve (that is to say, the judge) in the Lewis, who was chief of the Clan Illevorie (Morrison), being sailing from the Isle of Lewis to Ronay in a great galley, met with a Dutch ship loaded with wine, which he took; and advising with his friends, who were all with him there, what he would do with the ship lest Torqull Du should take her from him, they resolved to return to Stornoway and call for Torqull Du to receive the wine, and if he came to the ship, to sail away with him where Torqull Cononach was, and then they might be sure of the ship and the wine to be their own, and besides, he would grant them tacks in the best parts in the Lewis; which accordingly they did, and called for Torqull to come and receive the wine. Torqull Du noways mistrusting them that were formerly so obedient, entered the ship with seven others in company, where he was welcomed, and he commended them as good fellows that brought him such a prize. They invited him to the quay to take his pleasure of the feast of their wine. He goes, but instead of wine they brought cords to tie him, telling him he had better render himself and his wrongously possessed estate to his eldest brother; that they resolved to put him in his mercy, which he was forced to yield to. So they presently sail for Coigeach, and delivered him to his brother, who he had no sooner got but he made him short by the head in the month of July, 1597. Immediately he was beheaded there arose a great earthquake, which astonished the actors and all the inhabitants about them as a sign of God's judgment." [Ancient MS.]
In 1598 some gentlemen in Fife, afterwards known as the "Fife Adventurers," obtained a grant of the Lewis with the professed object of civilising the inhabitants. It is not intended here to detail their proceedings or to describe at much length the squabbles and constant disorders, murders, and robberies which took place while they held possession of the Island. The speculation proved ruinous to the Adventurers, who in the end lost their estates, and were obliged to leave the islanders to their fate. A brief summary of it will suffice, and those who desire more information on the subject will find a full account of it in the History of the Macleods. [By the same author. A. & W. Mackenzie, Inverness, 1889.]