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history of the mackenzies-第50章

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the half davoch of land of Kilboky pertaining to him;  conform to a decree obtained by the said Hucheon against the said John  Dow Mac Allan。〃  Upon this decree Hugh Fraser 〃raised letters of caption  by deliverance of the Lords of Session to charge the Sheriff of Inverness and other judges in the country where the said John resorts; to take;  apprehend him; and keep him conform to the order observed in such  cases。〃  In all this process to obtain the decree; with 〃letters in the four  forms; executions and denunciations thereof;〃 and then raising of the said  letters of caption thereupon; the complainer has been put to great travel and expenses; having his habitation by' the space of eight score miles or thereby distant from the Burgh of Edinburgh。〃  Nevertheless; Colin  Mackenzie; 〃to whom the said John Dow Mac Allan is tenant; servant;  and special depender;〃 maintains and assists him in his violent occupation  or the complainer's lands; 〃keeps him in his company; receives him in his house; and otherwise debates him that he cannot be apprehended;〃 so that  all the proceedings of the complainer Fraser are frustrated。  Colin was  thereupon charged to present Mac Allan before the Privy Council; under  pain of rebellion; and failing to appear; or present John Dow; and the  complainer having appeared personally; an order was pronounced  denouncing Mackenzie a rebel。

On the 11th of December next; John Gordon of Pitlurg becomes cautioner in one thousand merks that Colin will not injure Andrew; Lord  Dingwall; his tenants; or servants。  On the 11th of April; 1586; William  Cumming of Inverallochy and others become surety in ?000 that  Mackenzie shall 〃remove his coble; fishers; and nets; from the fishing of the water of Canon; and desist and cease therefrom in time coming;  conform to the letters raised at the instance of Andrew; Lord Dingwall; to  the same effect; in case it shall be found and declared that the said Colin  ought to do the same。〃  On the 4th of May following; Mackenzie binds  himself to keep his sureties scaithless in the matter of this caution。

On the  16th of the same month; the King and Council 〃for certain necessary and  weighty considerations moving his Highness; tending to the furthering and establishing of his Highness' obedience and the greatness and safety of his  peaceable and good subjects from burnings; riefs; and oppression;〃 ordain Colin to enter in ward in Blackness Castle within twenty…four hours after being charged under pain of treason。  Two days later; being then in ward  in this stronghold; he finds caution in ten thousand merks that on being relieved from ward he will repair to Edinburgh and keep ward there until  set free。  This is deleted by a warrant subscribed by the King and the  Secretary at Falkland on the 6th of the following August。  His name  appears as one of a long list of Highland chiefs complained against to the  Privy Council on the 30th of November; 1586; by the united burghs of the  realm for obstructing the fisheries in the northern parts and making  extortionate exactions from the fishermen; and again on the 16th of  September; 1587; when an order is made to denounce him for his failure  to appear before the Council to enter John Mackenzie of Gairloch and his  accomplices; for whom Colin is held liable 〃as master and landlord;〃 to  answer a complaint made against them by James Sinclair; Master of  Caithness; on the 10th of August preceding。  On the 5th of March; 1587…88; John Davidson; burgess of Edinburgh; becomes cautioner in 500 merks  that Colin will; if required; enter such of his men before the Privy  Council as 〃assegeit〃 James; Master of Caithness; within the house of  William Robson; in the Chanonry of Ross。  On the 27th of July; 1588; he  is appointed by a Convention of the Estates member of a Commission;  charged with powers for executing the laws against Jesuits; Papists; and  other delinquents; and with other extensive powers。  On the 24th of May;  1589; he is named as the Commissioner for the shire of Inverness who is  to convene the freeholders of the county for choosing the Commissioners  to a Parliament to be held at Edinburgh on the 2nd of October in that year;  and to report his diligence in this matter to the Council before the 15th of  August; under pains of rebellion。  On the 4th of June following; he appears  in a curious position in connection with a prosecution for witchcraft  against several women; and an abridgement of the document; as recorded  in the Records of the Privy Council; is of sufficient interest to justify a  place here。 It is the complaint of Katherine Ross; relict of Robert Munro  of Fowlis Margaret Sutherland; spouse of Hector Munro; portioner of Kiltearn Bessie Innes; spouse of Neil Munro; in Swordale  Margaret Ross;  spouse of John Neil Mac Donald Roy; in Caull; and Margaret Mowat; as  follows:

Mr Hector Munro; now of Fowlis; son…in…law of the said Katherine Ross;  〃seeking all ways and means to possess himself in certain her tierce and  conjunct fee lands of the Barony of Fowlis; and to dispossess her  therefrom〃 had first 〃persued certain of her tenants and servants by way of  deed for their bodily harm and slaughter;〃 and then; 〃finding that he could  not prevail that way; neither by sundry other indirect means sought by  him;〃 had at last; 〃upon sinister and wrong information and importunate  suit; purchased a commission of the same to his Majesty; and to Colin Mackenzie of Kintail; Rory Mackenzie; his brother; John Mackenzie of Gairloch; Alexander Bain of Tulloch; Angus Mackintosh of Termitt; James Glas of Gask; William Cuthbert; in Inverness; and some others specially mentioned therein; for apprehending of the said Margaret Sutherland; Bessy Innes; Margaret Ross; and Margaret Mowat; and sundry  others; and putting them to the knowledge of an assize for witchcraft; and  other forged and feinted crimes alleged to be committed by them。〃

Further; 〃the said persons; by virtue of the same commission; intended to proceed against them most partially and wilfully; and thereby to drive the  said complainers to that strait that either they shall satisfy his  unreasonable desire; or then to lose their lives; with the sober portion of  goods made by them for the sustenance of themselves and their poor  bairns: howbeit it be of verity that they are honest women of repute and  holding these many years bygone; spotted at no time with any such  ungodly practices; neither any ways having committed any offence; but by  all their actions behaved themselves so discreetly and honestly as none justly could or can have occasion of complaintthey being ever ready;  like they are yet; to underlie the law for all crimes that can be laid to their  charge;〃 and having to that effect; 〃presently found caution for their  compearance before the justice and his deputes; or any judge unsuspected; upon fifteen days' warning。〃 Their prayer; accordingly; is that the said commission be discharged。 Hector Munro appearing for himself and his  colleagues; and the complainers by Alexander Morrison; their procurator;  the Lords ordain Mr Hector and the other commissioners to desist a from proceeding against the women; and 〃remit their trial to be taken before th
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