History Of The Mackenzies [135]
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
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