The Privy Council, on receipt of this letter, communicated the same to Sir Robert Gordon, 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 creditors, 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, where 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, Sutherland, 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 bad 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 Caithness 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 war-like 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 Helmsdale, 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, fiar of Murkle, and were kept always a mile or two in advance of the army till they reached Castle Sinclair.