Lord Lorn being at this time justiciary of the Isles, had obtained an act of the Privy Council in his favour, by which it was decreed that any malefactor, being an islander, upon being apprehended in any part of the kingdom, should be sent to Lord Lorn, or to his deputies, to be judged; and that to this effect he should have deputies in every part of the kingdom. As soon as his lordship heard of the trial and execution of the men at Dornoch, who were of the clan Mhic-Iain-Dhuinn, his dependants and followers, he took the matter highly amiss, and repaired to Edinburgh, where he made a complaint to the lords of the council against the Earl of Sutherland, for having, as he maintained, apprehended the king’s free subjects without a commission, and for causing them to be executed, although they had not been apprehended within his own jurisdiction. The lords of the council having heard this complaint, Lord Lorn obtained letters to charge the Earl of Sutherland and Hutcheon Ross to answer to the complaint at Edinburgh before the lords of the Privy Council, and, moreover, obtained a suspension of the earl’s commission against the clan Mhic-Iain-Dhuinn, on becoming bound, in the meantime, as surety for their obedience to the laws.
Sir Robert Gordon happening to arrive at Edinburgh from England, shortly after Lord Lorn’s visit to Edinburgh, in the year 1634, learned the object of his mission, and the success which had attended it. He, therefore, being an eye-witness of every thing which had taken place at Dornoch respecting the trial, condemnation, and execution of Lord Lorn’s dependents, informed the lords of the council of all the proceedings, which proceeding on his part had the effect of preventing Lord Lorn from going on with his prosecution against the Earl of Sutherland. He, however, proceeded to summon Hutcheon Ross; but the earl, Sir Robert Gordon, Lord Reay, and all the gentlemen who were present at the trial at Dornoch, signed and sent a letter to the lords of the council, giving a detail of the whole circumstances of the case, and along with this letter he sent a copy of the proceedings, attested by the sheriff clerk of Sutherland, to be laid before the council on the day appointed for Ross’s appearance. After the matter had been fully debated in council, the conduct of the Earl of Sutherland and Hutcheon Ross was approved of, and the commission to the earl of Sutherland again renewed, and Lord Lorn was taken bound, that, in time coming, the counties of Sutherland and Ross should be kept harmless from the clan Mhic-Iain-Dhuinn. The council, moreover, decided, that, as the Earl of Sutherland had the rights of regality and sheriffship within himself, and as he was appointed to administer justice within his own bounds, therefore he was not obliged to send criminals, though islanders, to Lord Lorn or to his deputies. This decision had the effect of relieving Sutherland and Ross from farther incursions on the part of Lord Lorn’s followers.[229]
The disaster at Frendraught had made an impression upon the mind of the Marquis of Huntly, which nothing could efface, and he could never be persuaded that the fire had not originated with the proprietor of the mansion himself. He made many unsuccessful attempts to discover the incendiaries, and on the arrival of King Charles at Edinburgh, in the year 1633, the marquis made preparations for paying a personal visit to the king, for the purpose of imploring him to order an investigation into all the circumstances attending the fire, so as to lead to a discovery of the criminals. Falling sick, however, on his journey, and unable to proceed to Edinburgh, he sent forward his marchioness, who was accompanied by Lady Aboyne and other females of rank, all clothed in deep mourning, to lay a statement of the case before his majesty, and to solicit the royal interference. The king received the marchioness and her attendants most graciously, comforted them as far as words could, and promised to see justice done.
After the king’s departure from Scotland, the marchioness and Lady Aboyne, both of whom still remained in Edinburgh, determining to see his majesty’s promise implemented, prevailed upon the Privy Council to bring John Meldrum of Reidhill to trial, the result being as recorded above. A domestic servant of Frendraught named Tosh, who was suspected of having been concerned in the fire, was afterwards put to the torture, for the purpose of extorting a confession of guilt from him; but he confessed nothing, and was therefore liberated from prison.
The condemnation and execution of Meldrum, in place of abating, appear to have increased the odium of Frendraught’s enemies. The Highlanders of his neighbourhood, as well as the Gordons, considering his property to be fair game, made frequent incursions upon his lands, and carried off cattle and goods. In 1633 and 1634 Adam Gordon of Strathdoun, with a few of his friends and some outlaws, made incursions upon Frendraught’s lands, wasted them, and endeavoured to carry off a quantity of goods and cattle. Frendraught, however, heading some of his tenants, pursued them, secured the booty, and captured some of the party, whom he hanged.
On another occasion, about 600 Highlanders, belonging to the clan Gregor, clan Cameron, and other tribes, appeared near Frendraught, and openly declared that they had come to join Adam Gordon of Park, John Gordon of Invermarkie, and the other friends of the late Gordon of Rothiemay, for the purpose of revenging his death. When Frendraught heard of the irruption of this body, he immediately collected about 200 foot, and 140 horsemen, and went in quest of these intruders; but being scattered through the country, they could make no resistance, and every man provided for his own safety by flight.
To put an end to these annoyances, Frendraught got these marauders declared outlaws, and the lords of the Privy Council wrote to the Marquis of Huntly, desiring him to repress the disorders of those of his surname, and failing his doing so, that they would consider him the author of them. The marquis returned an answer to this communication, stating, that as the aggressors were neither his tenants nor servants, he could in no shape be answerable for them,—that he had neither countenanced nor incited them, and that he had no warrant to pursue or prosecute them.
First Marquis and Marchioness of Huntly. Copied by permission of His Grace the Duke of Richmond, from the Originals at Gordon Castle.