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 Leamlair, 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 Moidart, 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 corns 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 Lauchlan, 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 some 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.[209]
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.