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:—1st. 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 perpetuum 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.[208]

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 Bighouse, 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 Sir 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.