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history of the mackenzies-第78章

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spond 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 be produced in his defence against the claims of his adversaries。〃  If a tithe of all this is  true poor Neil deserves to be pitied indeed。  But after giving such a long catalogue of charges; involving the most cruel and deceitful acts against the Mackenzies; the author of them is himself doubtful about their  accuracy; for he says that; although the Mackenzies; after possessing the estates; had all the advantages and means for doing the unjust things  which he alleges against them of inventing new claims and additional  titles; 〃it is not pretended to be now told what additional titles they made〃  an admission which largely discounts and disposes of the other charges  made by Macleod's apologist。  And; notwithstanding all his disadvantages  and difficulties; Neil made another effort 〃towards obtaining justice to  himself and his family〃; and to that end; in 1679 and 1680; he commenced  a new process against Seaforth and all others 〃whom he knew to have or  pretended to have〃 claims against him or his estate。  It was; however;  objected (1) that he had no title in his own person to the lands of Assynt;  and (2) that he was at the horn and had no personam standi in judices。

Neil made 〃very pertinent〃 answers to these objections in 1682; but he  was wisely advised to stop the proceedings of reduction; and to commence  a Process of Spulzie against the Earl Sinclair; of Mey; the Laird of  Dunbeath; and others。  Seaforth having died while these proceedings were  pending; there appears in process an Oath by his successor; 〃who swears  that he not then nor formerly had the charter chest; nor knew what was  become of it; and as he was not charged with having a hand in the Spulzie he was freed thereof and of the consequences of it; by their Lordships。

Neil having given in an inventory of the writs contained in his chest; his  oath in litem was taken thereanent; and he referred his expenses and  damages to the judgment of the Lords;〃 with the result that; in 1692; they  decerned in his favour for the sum of two thousand pounds Scots; in name  of damages and expenses; to be paid to him by the defenders; and at the  same time superseding his further claim until he should give in more  particulars regarding it。  He assigned this decree to his nephew; Captain Donald Macleod of Geanies; and it remained as the basis of the process  which was raised by Norman Macleod; XIX。 of Macleod; in 1738; already referred to 〃for what thereof is unpaid。〃  But Neil; 〃being unable by  unparalleled bad usage; trouble; and poverty; and at length by old age; it  does not appear that lie went any further towards obtaining of justice for  himself than what is above narrated in relation to the process of reduction  and Spulzie〃; and that his friends failed in their subsequent efforts to  punish Mackenzie or re…possess themselves of the Assynt estates is  sufficiently well…known。 'For Neil's connection with the Betrayal of  Montrose see Mackenzie's History of the Macleods; pp。 410…419。'

In 1648 Seaforth again raised a body of 4000 men in the Western Islands and Ross…shire; whom he led south; to aid the King's cause; but  after joining in a few skirmishes under Lanark; they returned home to 〃cut  their corn which was now ready for their sickles。〃 During the whole of  this period Seaforth's fidelity to the Royal cause was open to considerable  suspicion; and when Charles I。 threw himself into the hands of the Scots at  Newark; and ordered Montrose to disband his forces; Earl George; always  trying to be on the winning side; came in to Middleton; and made terms  with the Committee of Estates; but the Church; by whom he had  previously been excommunicated; continued implacable; and would only  agree to be satisfied by a public penance in sackcloth within the High  Church of Edinburgh。  The proud Earl consented; underwent this  ignominious and degrading ceremonial; and his sentence of  excommunication was then removed。  Notwithstanding this public  humiliation; after the death of the ill…fated and despotic Charles I。;  Seaforth; in 1649; went over to Holland; and joined Charles II。; by whom  he was made Principal Secretary of State for Scotland; the duties of which; however; he never had the opportunity of performing。

Charles was proclaimed King on the 5th of February; 1649; in Edinburgh; and it was decided by him and his friends in exile that Montrose should make a second attempt to recover Scotland; for; on the  advice of his friends; Charles declined the humiliating terms offered him by the Scottish faction; and; in connection with the plans of Montrose; a rising took place in the North; under Thomas Mackenzie of Pluscardine;  brother to the Earl of Seaforth; Sir Thomas Urquhart of Cromarty; Colonel John Munro of Lemlair; and Colonel Hugh Fraser。  On the 22d February  they entered Inverness; expelled the troops from the garrison; and  afterwards demolished the walls and  fortifications。  On the 26th of  February a Council of War was held; presentThomas Mackenzie of  Pluscardine; Preses; Sir Thomas Urquhart of Cromarty; H。 Fraser of  Belladrum; Jo。 Cuthbert of Castlehill; R。 Mackenzie; of Davochmaluak;  Kenneth Mackenzie of Gairloch; R。 Mackenzie of Redcastle; John Munro  of Lumlair; Simon Fraser of Craighouse; and Alex。 Mackenzie of Suddie。

This Committee made certain enactments; by which they took the customs and excise of the six northern counties entirely into their own  hands。  The Provost of Inverness was made accountable 〃for all the money  which; under the name of excise; has been taken up in any of the foresaid shires since his intromissions with the office of excise taking。〃

Another  item is that Duncan Forbes be pleased to advance money 〃upon the  security which the Committee will grant to him;〃 to be repaid out of the  readiest of the 〃maintaince and excise。〃  Cromarty House was ordered to  be put in a position of defence; for which it was 〃requisite that some faill  be cast and led;〃 and all Sir James Fraser's tenants within the parishes of  Cromarty and Cullicudden; together with those of the laird of Findrassie; within the parish of Ros
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