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history of the mackenzies-第54部分

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spectable sum of ?4;783 6s 8d; of which the  treasurer was allowed to retain ?5;000 in his own hands。 The sum; with  large amounts of disbursements by the committee; show that they were  more fortunate with others than with the Clan Mackenzie。 'Antiquarian  Notes; pp。 307…308…309。'

The Earl of Seaforth taking advantage of being on opposite sides to the Earl of Sutherland; now asserted some old claims against Donald  Ban Mor Macleod; IX。 of Assynt; a follower of the house of Sutherland;  who afterwards became notorious as the captor of the great Montrose  himself。  In May; 1646; Mackenzie laid siege to his castle; on the Isle of  Assynt。

A document written by a friend of the family of Assynt; in 1738; for Norman Macleod; XIX。 of Macleod; who; in that year; in virtue of a  disposition of all his estates made by Neil Macleod of Assynt to John  Breac Macleod; XVI。 of Macleod; dated the 24th of November; 1681;  commenced a process against Mackenzie; gives a most interesting account  of the proceedings; from the Macleod point of view; by which Seaforth  obtained possession of the lands of Assynt。  This document or  〃Information〃 came into the possession of Simon Lord Lovat; with whose  papers it found its way to the Rev。 Donald Fraser; minister of Killearnan;  and is now the property of that gentleman's grandson; the Rev。 Hector  Fraser; Halkirk。 It was read by Mr William Mackay; solicitor; Inverness;  before the Gaelic Society there on the 19th of March; 1890; and is  published at length in their Transactions for that year; vol。 XVI。 pp。  197…207。 According to the writer of this paper; Neil Macleod was in possession of Assynt from 1650 to 1672; when in the latter year 〃he was  violently dispossessed by Seaforth;〃 and was from 1672 to 1692; when be  obtained a 〃Decree of Spulzie〃 against Seaforth; endeavouring to recover  his right; but without avail。  He says that from the time Seaforth got a  right; 〃such as it was;〃 to the Island of Lewis for a payment of ten  thousand merks; 〃and afterwards; in lieu of that; for a mile of the wood of  Letterew;〃 he and his family had it in view to make themselves masters of the estate of Macleod of Assynt; who; he erroneously states; 〃was lineal  heir to the estates of Lewis。〃  In order to give effect to this intention Seaforth purchased several old claims; 〃some of them very unjust;〃 against Assynt; which were made over to Thomas Mackenzie of Plus…cardine; Seaforth's brother。  In 1637 the two Mackenzies; in virtue of  these claims and the titles founded upon them; gave a wadset of the lands of Assynt to Kenneth Mackenzie of Scatwell in security for forty thousand merks。  In 1640 〃the Legal of those claims and apprisings being expired;  Seaforth did; with his friends and clan; to the number of 1000 men; invade  Assynt; and did there commit great outrages。  He being for this pursued at  law; was decerned in 40;000 pounds Scots of damages;〃 which paid a  great part of his claim upon the estate; and it is maintained that the remainder was afterwards paid by the means; which are set forth in the  same document; along with somewhat intricate statements; which would  occupy too much space here。  The 〃Information〃 proceeds with the  following interesting details; which we give; with very slight alteration; in  his own words。

He says that in 1646 Seaforth having joined Montrose at Inverness; where were likewise 100 men of Assynt under his Superior's (Seaforth) command; and Neil of Assynt himself; then a minor; being a friend; in  Seaforth's house at  Brahan; Seaforth ordered his men in the Highlands to fall upon Assynt's estate; where they made fearful havoc; carried away; as  Neil represents; 3000 cows; 2000 horses; 7000 sheep and goats; and burnt  the habitations of 180 families。 When complaint was made of this in the  South; Seaforth was bought off by the interest of General Middleton; and  by virtue of a capitulation which he had with Seaforth when in the North。

In the year 1654 Seaforth led a body of his own men; with a part of  the broken army under the command of Middleton; to Assynt and made  great depredations; destroyed a very great quantity of wine and brandy;  which the Laird of Assynt had bought; besides other commodities; in all to  the value of 50;000 merks; out of a ship then on that coast; carrying off 2400 cows; 1500 horses; about 6000 sheep and goats; besides burning and  destroying many families。 Assynt was not liable in law to any such usage from them; having receipts from Seaforth and Lord Reay for his  proportion of the levy appointed at that time for the King's service。

When  Middleton came to that country he declared that he had given no warrant  for what Seaforth had done; and that in presence of Lord Macdonald and  Sir George Munro; etc。  When Assynt pursued Seaforth before the English  judges of the time; Seaforth defeated his process by proving that Neil had  been in arms against the English; and did then allege no cause for the  injuries done by him to Assynt; except a private quarrel。  But when  Macleod afterwards; at the Restoration; pursued Seaforth; he alleged in  defence that he had acted by a warrant from Middleton; who was then  commissioner for the Parliament。  But Neil says; if there was any such  warrant it was certainly given after the injuries had been done to him。 However; things stood then in such a way that Neil was not likely to  procure any justice。

There was another claim which seems to have brought matters to a crisis。  Macleod had become a party to a bond of caution granted by Ross  of Little Tarrel in the sum of ?50 sterling; for which; in 1656; an  apprising was laid upon the estate of Assynt; at the instance of Sinclair of  Mey; in Caithness; who subsequently assigned his claim to Sir George  Mackenzie of Tarbat and John Mackenzie; second son of Kenneth Mor;  third Earl of Seaforth; afterwards known as the Hon。 John Mackenzie of  Assynt。  The matter was contested for a time; but 〃in the year 1668 or  1669 or 1670; the legal apprising being expired; decree of mails and duties  was obtained upon the claim against the estate of Assynt and ejection  against himself。  Upon pursuing this ejection in 1671; several illegal steps  were alleged against Assynt; particularly holding out the Castle of Ard…Bhreac against the King; and his otherwise violently opposing the  ejection; whereupon Neil of Assynt; who it seems had been negligent in  defending himself against the foresaid accusations; was denounced rebel;  and a commission of fire and sword was obtained in July; 1672; against  him and his people;〃 granted to Lord Strathnaver; Lord Lovat; Munro of  Fowlis; and others; who at once invaded his territories with a force of  2300 men 〃and committed the most horrid barbarities;〃 until all the country of Assynt was destroyed。

After this raid Neil; 〃under the benefit of a protection;〃 went to consult Seaforth; who gave him a certificate of having obeyed the King's  laws; and fifteen days to consider a proposition which his lordship made  to him to dispose of his estates to himself on certain conditions; and so settle the dispute between them for ever。  But Macleod; considering that it  was not safe for him to return to his own country; resolved to proceed to Edinburgh by sea; and to carry his charter chest along with him。

〃Seaforth  being apprehensive; it seems; of the  con…sequences of Assynt's going to  Edinburgh; immediately entered into correspondence and concert about  the matter with the Laird of Mey; in Caithness。 The consequence was:  Assynt being driven by unfavourable winds to the Orkneys the Laird of  Mey; with a body of men; seized him there; to be sure under the notion of an outlaw; and; by commission from Seaforth; stripped him to his shirt;  robbed him of everything; particularly of his charter chest; and of all the  writs and evidents belonging to his family and estates; carried them to the castle of Mey; where he was kept prisoner in a vault。  From thence he was carried prisoner; under a strong guard; to Tam; and at last to Brahan;  Seaforth's house。  In Brahan (to which place the charter chest was brought;  as was afterwards proved in the Process of Spoilzie) Neil was many  months detained prisoner in a vault; in most miserable circumstances; still  threatened with worse usage if he would not agree to subscribe a blank  paper; probably designed for a disposition of his estates; which was; it  seems; the great thing designed to be procured from him by all this bad  usage。  At last Neil was brought south to Edinburgh; where he arrived  after being in thirteen or fourteen prisons; and in the end he obtained the  remission formerly mentioned;〃 for the offence of defending the Castle of Assynt; and all the other crimes that were alleged against him。

His apologist makes out a strong case for him; if half his  allegations are true。  In any case it is but fair to state them。  Neil was in prison; according to the 〃Information;〃 when the ejection proceedings were carried out against him。  He was ignorant of the legal steps taken  against him until it was too late; and; in consequence of his great distance  from Edinburgh; he was unable to correspond with his legal advisers there in time for his defence。  His messengers; carrying his correspondence;  were more than once seized; on their way south; and imprisoned at  Chanonry。  When in the south; the contributions of his friends towards his  support and the expenses of his defence were intercepted; and his people  at home were put to great hardships by their new master; the Hon。 John  Mackenzie; 〃for any inclination to succour him in his distress。〃   〃By all these means; the unfortunate gentleman was reduced to great poverty and  misery; and was disabled  from procuring the interest or affording the  expense needful in order to obtain justice against such potent adversaries。〃

And 〃it was easy for them (the Mackenzies); being now possessed of his  estate; to get in old unjust patched claims from such as had them; and  being possessed of his charter chest and the retired vouchers of debts  therein contained; by all these means; to make additional titles to the  estate of Assynt; while he; poor gentleman; besides his other misfortunes;  was deprived of his writs and of all his evidences needful to 
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