第 38 节
作者:
西门在线 更新:2021-09-29 13:02 字数:9322
wrongfully detained and withheld from him; but also through occasion thereof still insists in their cruelty and inhumanity against the said complainant; his kin and friends。 Like as lately; about the end of July last; the said Colin Mackenzie Rory Mackenzie; and others aforesaid; having violently taken Donald MacMoroch Roy; one of the said complainant's chief kinsmen; and were not content to put him to a simple death; but to bait them in his blood; and by a strange example to satisfy their cruel and unnatural hearts; first cut off his hands; next his feet; and last his head; and having cast the same in a 〃peitpott;〃 exposed and laid out his carcase to be a prey for dogs and ravenous beasts: Tending by such kind of dealing to undo as many of the said complainant's friends and servants as they can apprehend; and to lay waste their lands; 〃rowmes;〃 and possessions to the said complainant's heavy hurt and skaith; and dangerous example of wicked persons to attempt the like; if remedy be not provided。〃 In consequence of this complaint charges had gone forth to Colin Mackenzie of Kintail; (1); to have rendered the said Castle of Strome with the munition and goods therein to the complainer or his representatives; within twenty…four hours after being charged; under pain of rebellion。 or else to have appeared and shown cause to the contrary; (2) to have appeared and found sufficient surety in the Books of the Council for the safety of the complainer and his dependants in persons and goods; or else shown cause to the contrary; under the same pain。 And now; 〃the said Angus Mac Angus compeared personally and the said Colin Mackenzie of Kintail being oftimes called and not compearing; the Lords (1) repeat their charge for delivery of the castle within twenty…four hours; and; failing obedience; order Mackenzie of Kintail to be denounced rebel and put to the horn and to escheat; (2) repeat their charge to the said Mackenzie to find sufficient caution for the safety of the complainer and his dependants in person and goods; with order that if he fail to do so within fifteen days after being charged; he shall; for that default also; be denounced rebel and put to the horn。〃
On the 2nd of December; 1582; Colin finds caution in the sum of two thousand merks that he shall deliver up Strome Castle; Lochcarron; to Donald Mac Angus of Glengarry; in the event of the Privy Council finding that he should do so。
Shortly after this the aspect of affairs is changed。 On the 11th of January; 1582…83; the decree against Mackenzie for the surrender of Strome Castle to Donald Macdonald of Glengarry is reversed。 He petitions the Privy Council and gives an entirely different complexion to the facts of the case against him to those submitted by Glengarry to the Council。 He complains of Donald Mac Angus for having 〃upon a certain sinister and malicious narration〃 obtained a decree against him charging him upon pain of rebellion to deliver up the Castle of Strome; and to appear before the Privy Council; on the 4th of August preceding; to find caution that Glengarry and his friends should be kept harmless of him in their persons and goods; and then makes the following statement:
The officer; alleged executor of the said letters (against him); neither charged thc said Colin personally nor at his dwelling house; neither yet came any such charge to his knowledge。 Yet he hearing tell somewhat thereof by the 〃bruit〃 of the country; he; for obedience of the same; directed Alexander Mackenzie; his servant and procurator; to our Burgh of Perth; where his Majesty was resident for the time; who from the same fourth of August; being the peremptory day of compearance; as well there as at Ruthven; attended continually upon the calling of the said letters till the Council dissolved; and that his Majesty passed to Dunkeld to the hunting。 Like as immediately thereafter the said Alexander repaired to the Burgh of Edinburgh; where he likewise awaited a certain space thereafter when Council should have been; and the said letters should have been called but perceiving no number of Council neither there nor actually with his Majesty; he looked for no calling of the said letters nor proceeding thereuntil; but that the same should have (been); deserted; because the day was peremptory; at the least till he should have been of new warned and heard in presence of his Highness and his Council to have shown a reasonable cause why no such letters should be granted simpliciter upon the said Colin to the effect above…written。 Not…withstanding for by his expectation; he being resident for the time in Edinburgh; where he looked that the said matter should have been called; the said other letters were upon the tenth day of the said month of August last; by moyen of the said Donald Mac Angus; called at the Castle of Dalkeith; and there; for the said Colin's alleged non…compearance; as he is surely informed; decree was pronounced in the said matter and letters ordained to be directed simpliciter against him。〃 Had his said servant; then still in Edinburgh; been made aware of this meeting of Council at Dalkeith; 〃he would not have failed to have compeared; and had many good and sufficient reasons and defences to have staid all giving of the said letters simpliciter;〃 such as that 〃the said Colin received the said castle and fortalice of Strome by virtue of a contract passed betwixt him and the said Donald; wherein he was content and consented that the said castle should remain in the said Colin's hands and keeping unto the time he had fulfilled certain other articles and clauses mentioned and contained in the same contract;〃 also 〃that the said Colin was charged; by virtue of letters passed by deliverance of the Lords of Session; to render and deliver the said castle and fortalice of Strome to John Grant of Freuchie; as pertaining to him in heritage; within a certain space after the charge; under the said pain of horning; so that; he being doubly charged; he is uncertain to whom to render the said castle。〃 Moreover; for the satisfaction of the King and the Lords of Council; 〃the said Colin has found caution to render and deliver the said castle and fortalice to the said Donald; if it shall be found by his Highness and the said Lords that he ought to do the same。〃 For these reasons it is argued that the said decree and letters issued against him ought to be suspended。
Charge having been made to the said Donald Mac Angus to appear to this complaint and demand; 〃both the said parties compeared personally;〃 and the Lords after hearing them; 〃suspended the foresaid letters pur chased by the said Donald Mac Angus; effect thereof; and process of horning contained therein; and all that has followed thereupon; upon the said Colin simpliciter in time coming;〃 the ground for this decision being that 〃the said Colin has found security acted in the books of Secret Council that the said castle and fortalice of Strome; committed to him in keeping by the King's Majesty and Lords of Secret Council; shall be rendered and delivered again to such person or persons as shall be appointed by the King's Majesty to receive the same; as the keepers thereof shall be required thereto upon six days' warning; under the pain of ten thousand merks〃 and meanwhile; under the same pains; that none of the King's subjects shall be 〃invaded; troubled; molested; nor persecuted;〃 by those who keep the castle for him; or by others resorting thither。
There is; however; this proviso
That; in case the said Colin shall at any time hereafter sue of the King's Majesty to be disburdened of the keeping of the said castle; and that some person may be appointed to receive the same out of his hands and keeping within the space of twenty days next after his said Suit; which notwithstanding shall happen to be refused and not done by his Highness within the said space; that in that case he nor his cautioner be anywise answerable thereafter for the said house and keeping thereof; but to be free of the same; and these presents to annul and to have no further force; effect; nor execution; against them at any time thereafter except that the same house shall happen to be kept by the said Colin or his servants in his name thereafter; for the which in that respect the said Colin shall always be answerable in manner aforesaid and no otherwise。
A bond of caution by Mackenzie; and Lord Lindsay of the Byres as security for him; for ten thousand merks; subscribed on the 20th of January; 1582…83; and registered in the Chanonry of Ross; binds Colin to surrender the Castle of Strome to any person appointed by the King for the purpose; on six days' warning and to fulfil the other duties imposed upon him by the Act of the Privy Council dated the 11th of the same month; already given; but with the proviso in his favour contained in that Act; which is repeated at length in the bond of caution of this date。
In terms of this bond the King and Council at a meeting held at Holyrood on the 8th of March following 〃for certain causes and considerations moving them;〃 order letters to issue charging Mackenzie and other keepers of the Castle of Strome to deliver t