Montrose gained another engagement at Alford on the 2nd of July, after which he was joined by a powerful levy of West Highlanders under Colla Ciotach Macdonald, Clanranald, and Glengarry, the Macnabs, Macgregors, and the Stewarts of Appin. In addition to these some of the Farquharsons of Braemar and small parties of lesser septs from Badenoch rallied round the standard of Montrose. Thus, as a contemporary writer says, "he went like a current speat (spate) through this kingdom." Seeing all this - the great successes of Montrose and so many Highlanders joining - Seaforth, who had never been a hearty Covenanter, began to waver. The Estates sent a commission to the Earl of Sutherland appointing him as their Lieutenant north of the Spey, but he refused to accept it. It was then offered to Seaforth, who likewise declined it, but instead "contrived and framed ane band, under the name of an humble remonstrance, which he perswaded manie and threatened others to subscryve. This remonstrance gave so great a distast to both the Church and State, that the Earl of Seaforth was therefore excommunicate by the General Assemblie; and all such as did not disclaim the raid remonstrance within some days thereafter, were, by the Committee of Estates, declared inimies to the publick. Hereupon the Earl of Seaforth joined publicly with Montrose in April, 1646, at the siege of Inverness, though before that time be had only joined in private councils with him." [Gordon's "Earldom of Sutherland," p. 529.]
At Inverness, through the action of the Marquis of Huntly and the treachery of his son, Lord Lewis Gordon, Montrose was surprised by General Middleton, but he promptly crossed the river Ness in face of a regiment of cavalry, under Major Bromley, who crossed the river by a ford above the town, while another detachment crossed lower down towards the sea with a view to cut off his retreat. These he succeeded in beating back with a trifling loss on either side, whereupon he marched unmolested to Kinmylies, and the following morning he went round by Beauly and halted at Fairley, where slight marks of field works are still to be seen; and now, for the first time, he found himself in the territories of the Mackenzies, accompanied by Seaforth in person. Montrose, here finding himself in a level country, with an army mainly composed of raw levies newly raised by Seaforth among his own people, and taught by their chief's vacillating conduct and example to have little interest or enthusiasm in either cause, did not consider it prudent to engage Middleton, who pursued him with a disciplined force, including a considerable following of cavalry, ready to fight with every advantage on his side in a level country. He therefore moved rapidly up through the valley of Strathglass, crossed to Loch-Ness, and passed through Stratherrick in the direction of the river Spey. Meanwhile Middleton advanced to Fortrose and laid siege to the castle, which was at the time under the charge of Lady Seaforth. She surrendered after a siege of four days; and having removed a considerable quantity of stores and ammunition, sent by Queen Henrietta for the use of Montrose on his arrival there, Middleton gave the Countess, whom he treated with the greatest civility and respect, possession of the stronghold.
The Committee on Public Affairs, which, throughout the contest, acted in opposition to the Royal authority, and held sederunts at Aberdeen and Dundee as well as at Edinburgh, gratified their malignity, after Montrose gave up the fight in 1646, by fining the loyalists in enormous amounts of money, and decerning them to "lend" to the committee such sums - in many cases exorbitant - as they thought proper. Sir Robert Farquhar, formerly a Bailie of Aberdeen, was treasurer, and in the sederunt held in that city, the committee threw a comprehensive net over the clan Mackenzie. Sixteen of the name were decerned to lend the large sum of L28,666 13s 4d Scots; but from the other side of the balance sheet it is found that they declined to lend a penny; and Sir Robert credits himself as treasurer thus: "Item of the loan moneys above set down there is yet resting unpaid, and wherefore no payment can be gotten, as follows - viz. - Be the name of Mackenzie, sixteen persons, the sum of L28,666 13s 4d Scots." The following are the names and sums decerned against each of them: Thomas Mackenzie of Pluscardine, L2000; Alexander Mackenzie of Kilcoy, L2000; Roderick Mackenzie of Redcastle, L2000; Alexander Mackenzie of Coul, L6000; Kenneth Mackenzie of Gairloch, L3333 6s 8d; Hector Mackenzie of Scotsburn, L2000; Roderick Mackenzie of Davochmaluag, L1333 6s 8d; John Mackenzie of Dawach-Cairn, L1333 6s 8d; William Mackenzie of Multavie, L1000; Kenneth Mackenzie of Scatwell, L2000; Thomas Mackenzie of Inverlael, L1333 6s 8d; Colin Mackenzie of Mullochie, L666 13s 4d; Donald Mackenzie of Logie, L666 13s 4d; Kenneth Mackenzie of Assint, L1000; Colin Mackenzie of Kincraig, L1000; Alexander Mackenzie of Suddie, L1000. Among the other sums decerned is one of L6666 13s 4d against "William Robertson in Kindeace, and his son Gilbert Robertson," and in Inverness and Ross the loan amounted to the respectable sum of L44,783 6s 8d, of which the treasurer was allowed to retain L15,000 in his own hands. The sum, with large amounts of disbursements by the committee, show that they were more fortunate with others than with the Clan Mackenzie. ["Antiquarian Notes," pp. 307-308-309.]
The Earl of Seaforth taking advantage of being on opposite sides to the Earl of Sutherland, now asserted some old claims against Donald Ban Mor Macleod, IX. of Assynt, a follower of the house of Sutherland, who afterwards became notorious as the captor of the great Montrose himself. In May, 1646, Mackenzie laid siege to his castle, on the Isle of Assynt.
A document written by a friend of the family of Assynt, in 1738, for Norman Macleod, XIX. of Macleod, who, in that year, in virtue of a disposition of all his estates made by Neil Macleod of Assynt to John Breac Macleod, XVI. of Macleod, dated the 24th of November, 1681, commenced a process against Mackenzie, gives a most interesting account of the proceedings, from the Macleod point of view, by which Seaforth obtained possession of the lands of Assynt. This document or "Information" came into the possession of Simon Lord Lovat, with whose papers it found its way to the Rev. Donald Fraser, minister of Killearnan, and is now the property of that gentleman's grandson, the Rev. Hector Fraser, Halkirk. It was read by Mr William Mackay, solicitor, Inverness, before the Gaelic Society there on the 19th of March, 1890, and is published at length in their Transactions for that year, vol. XVI. pp. 197-207. According to the writer of this paper, Neil Macleod was in possession of Assynt from 1650 to 1672, when in the latter year "he was violently dispossessed by Seaforth," and was from 1672 to 1692, when be obtained a "Decree of Spulzie" against Seaforth, endeavouring to recover his right, but without avail. He says that from the time Seaforth got a right, "such as it was," to the Island of Lewis for a payment of ten thousand merks, "and afterwards, in lieu of that, for a mile of the wood of Letterew," he and his family had it in view to make themselves masters of the estate of Macleod of Assynt, who, he erroneously states, "was lineal heir to the estates of Lewis." In order to give effect to this intention Seaforth purchased several old claims, "some of them very unjust," against Assynt, which were made over to Thomas Mackenzie of Plus-cardine, Seaforth's brother. In 1637 the two Mackenzies, in virtue of these claims and the titles founded upon them, gave a wadset of the lands of Assynt to Kenneth Mackenzie of Scatwell in security for forty thousand merks. In 1640 "the Legal of those claims and apprisings being expired, Seaforth did, with his friends and clan, to the number of 1000 men, invade Assynt, and did there commit great outrages. He being for this pursued at law, was decerned in 40,000 pounds Scots of damages," which paid a great part of his claim upon the estate, and it is maintained that the remainder was afterwards paid by the means, which are set forth in the same document, along with somewhat intricate statements, which would occupy too much space here. The "Information" proceeds with the following interesting details, which we give, with very slight alteration, in his own words.
He says that in 1646 Seaforth having joined Montrose at Inverness, where were likewise 100 men of Assynt under his Superior's (Seaforth) command, and Neil of Assynt himself, then a minor, being a friend, in Seaforth's house at Brahan, Seaforth ordered his men in the Highlands to fall upon Assynt's estate, where they made fearful havoc, carried away, as Neil represents, 3000 cows, 2000 horses, 7000 sheep and goats, and burnt the habitations of 180 families. When complaint was made of this in the South, Seaforth was bought off by the interest of General Middleton, and by virtue of a capitulation which he had with Seaforth when in the North.
In the year 1654 Seaforth led a body of his own men, with a part of the broken army under the command of Middleton, to Assynt and made great depredations, destroyed a very great quantity of wine and brandy, which the Laird of Assynt had bought, besides other commodities, in all to the value of 50,000 merks, out of a ship then on that coast, carrying off 2400 cows, 1500 horses, about 6000 sheep and goats, besides burning and destroying many families. Assynt was not liable in law to any such usage from them, having receipts from Seaforth and Lord Reay for his proportion of the levy appointed at that time for the King's service. When Middleton came to that country he declared that he had given no warrant for what Seaforth had done, and that in presence of Lord Macdonald and Sir George Munro, etc. When Assynt pursued Seaforth before the English judges of the time, Seaforth defeated his process by proving that Neil had been in arms against the English, and did then allege no cause for the injuries done by him to Assynt, except a private quarrel. But when Macleod afterwards, at the Restoration, pursued Seaforth, he alleged in defence that he had acted by a warrant from Middleton, who was then commissioner for the Parliament. But Neil says, if there was any such warrant it was certainly given after the injuries had been done to him. However, things stood then in such a way that Neil was not likely to procure any justice.
There was another claim which seems to have brought matters to a crisis. Macleod had become a party to a bond of caution granted by Ross of Little Tarrel in the sum of L150 sterling, for which, in 1656, an apprising was laid upon the estate of Assynt, at the instance of Sinclair of Mey, in Caithness, who subsequently assigned his claim to Sir George Mackenzie of Tarbat and John Mackenzie, second son of Kenneth Mor, third Earl of Seaforth, afterwards known as the Hon. John Mackenzie of Assynt. The matter was contested for a time, but "in the year 1668 or 1669 or 1670, the legal apprising being expired, decree of mails and duties was obtained upon the claim against the estate of Assynt and ejection against himself. Upon pursuing this ejection in 1671, several illegal steps were alleged against Assynt, particularly holding out the Castle of Ard-Bhreac against the King, and his otherwise violently opposing the ejection; whereupon Neil of Assynt, who it seems had been negligent in defending himself against the foresaid accusations, was denounced rebel, and a commission of fire and sword was obtained in July, 1672, against him and his people," granted to Lord Strathnaver, Lord Lovat, Munro of Fowlis, and others, who at once invaded his territories with a force of 2300 men "and committed the most horrid barbarities," until all the country of Assynt was destroyed.
After this raid Neil, "under the benefit of a protection," went to consult Seaforth, who gave him a certificate of having obeyed the King's laws, and fifteen days to consider a proposition which his lordship made to him to dispose of his estates to himself on certain conditions, and so settle the dispute between them for ever. But Macleod, considering that it was not safe for him to return to his own country, resolved to proceed to Edinburgh by sea, and to carry his charter chest along with him. "Seaforth being apprehensive, it seems, of the con-sequences of Assynt's going to Edinburgh, immediately entered into correspondence and concert about the matter with the Laird of Mey, in Caithness. The consequence was: Assynt being driven by unfavourable winds to the Orkneys the Laird of Mey, with a body of men, seized him there, to be sure under the notion of an outlaw, and, by commission from Seaforth, stripped him to his shirt, robbed him of everything, particularly of his charter chest, and of all the writs and evidents belonging to his family and estates, carried them to the castle of Mey; where he was kept prisoner in a vault. From thence he was carried prisoner, under a strong guard, to Tam, and at last to Brahan, Seaforth's house. In Brahan (to which place the charter chest was brought, as was afterwards proved in the Process of Spoilzie) Neil was many months detained prisoner in a vault, in most miserable circumstances, still threatened with worse usage if he would not agree to subscribe a blank paper, probably designed for a disposition of his estates, which was, it seems, the great thing designed to be procured from him by all this bad usage. At last Neil was brought south to Edinburgh, where he arrived after being in thirteen or fourteen prisons, and in the end he obtained the remission formerly mentioned," for the offence of defending the Castle of Assynt, and all the other crimes that were alleged against him.
His apologist makes out a strong case for him, if half his allegations are true. In any case it is but fair to state them. Neil was in prison, according to the "Information," when the ejection proceedings were carried out against him. He was ignorant of the legal steps taken against him until it was too late, and, in consequence of his great distance from Edinburgh, he was unable to correspond with his legal advisers there in time for his defence. His messengers, carrying his correspondence, were more than once seized, on their way south, and imprisoned at Chanonry. When in the south, the contributions of his friends towards his support and the expenses of his defence were intercepted, and his people at home were put to great hardships by their new master, the Hon. John Mackenzie, "for any inclination to succour him in his distress." "By all these means, the unfortunate gentleman was reduced to great poverty and misery, and was disabled from procuring the interest or affording the expense needful in order to obtain justice against such potent adversaries." And "it was easy for them (the Mackenzies), being now possessed of his estate, to get in old unjust patched claims from such as had them, and being possessed of his charter chest and the retired vouchers of debts therein contained, by all these means, to make additional titles to the estate of Assynt, while he, poor gentleman, besides his other misfortunes, was deprived of his writs and of all his evidences needful to be produced in his defence against the claims of his adversaries." If a tithe of all this is true poor Neil deserves to be pitied indeed. But after giving such a long catalogue of charges, involving the most cruel and deceitful acts against the Mackenzies, the author of them is himself doubtful about their accuracy, for he says that, although the Mackenzies, after possessing the estates, had all the advantages and means for doing the unjust things which he alleges against them of inventing new claims and additional titles, "it is not pretended to be now told what additional titles they made" - an admission which largely discounts and disposes of the other charges made by Macleod's apologist. And, notwithstanding all his disadvantages and difficulties, Neil made another effort "towards obtaining justice to himself and his family"; and to that end, in 1679 and 1680, he commenced a new process against Seaforth and all others "whom he knew to have or pretended to have" claims against him or his estate. It was, however, objected (1) that he had no title in his own person to the lands of Assynt, and (2) that he was at the horn and had no personam standi in judices. Neil made "very pertinent" answers to these objections in 1682, but he was wisely advised to stop the proceedings of reduction, and to commence a Process of Spulzie against the Earl Sinclair, of Mey, the Laird of Dunbeath, and others. Seaforth having died while these proceedings were pending, there appears in process an Oath by his successor, "who swears that he not then nor formerly had the charter chest, nor knew what was become of it; and as he was not charged with having a hand in the Spulzie he was freed thereof and of the consequences of it, by their Lordships. Neil having given in an inventory of the writs contained in his chest, his oath in litem was taken thereanent, and he referred his expenses and damages to the judgment of the Lords," with the result that, in 1692, they decerned in his favour for the sum of two thousand pounds Scots, in name of damages and expenses, to be paid to him by the defenders, and at the same time superseding his further claim until he should give in more particulars regarding it. He assigned this decree to his nephew, Captain Donald Macleod of Geanies, and it remained as the basis of the process which was raised by Norman Macleod, XIX. of Macleod, in 1738, already referred to "for what thereof is unpaid." But Neil, "being unable by unparalleled bad usage, trouble, and poverty, and at length by old age, it does not appear that lie went any further towards obtaining of justice for himself than what is above narrated in relation to the process of reduction and Spulzie"; and that his friends failed in their subsequent efforts to punish Mackenzie or re-possess themselves of the Assynt estates is sufficiently well-known. [For Neil's connection with the Betrayal of Montrose see Mackenzie's "History of the Macleods," pp. 410-419.]