History Of The Mackenzies [161]
dated 12th July, 1726, King George I. was pleased to discharge him from imprisonment or the execution of his person on his attainder, and King George II. made him a grant of the arrears of feu-duties due to the Crown out of his forfeited estate. An Act of Parliament was passed in 1733, to enable William Mackenzie, late Earl of Seaforth, to sue or maintain any action or suit notwithstanding his attainder, and to remove any disability in him, by reason of his said attainder, to take or inherit any real or personal estate that may or shall hereafter descend to him.--Wood's Douglas' Peerage.] felt free once more to return to his native land, where, according to Captain Matheson, he spent the remainder of his life in retirement, and "with few objects to occupy him or to interest us beyond the due regard of his personal friends and the uninterrupted loyalty. of his old vassals."
He must, however, have been in tightened circumstances, for, on the 27th of June, 1728, he writes a letter to the Lord Advocate, in which he refers to a request he had made to Sir Robert Walpole, who advised him to put his claim in writing that it might be submitted to the King. This was done, but "the King would neither allow anything of the kind or give orders to be granted what his Royal father had granted before. On hearing this, I could not forbear making appear how ill I was used. The Government in possession of the estate, and I in the interim allowed to starve, though they were conscious of my complying with whatever I promised to see put in execution." He makes a strong appeal to his friend to contribute to an arrangement that would tend to the mutual satisfaction of all concerned, "for the way I am now in is most disagreeable, consequently, if not rectified, will choose rather to seek my bread elsewhere than continue longer in so unworthy a situation." [Culloden Papers, pp. 103-4] Notwithstanding the personal remission granted in his favour for the part he had taken in the Rising of 1715, the title of Earl of Seaforth, under which alone he was proscribed, passed under attainder, while the older and original dignity of Kintail, which only became subordinate by a future elevation, remained unnoticed, and, consequently unvitiated in the male descent of Kenneth, first Lord Mackenzie of Kintail, granted by patent on the 19th of November, 1609, and it has accordingly been claimed. [This Act (of Attainder) omits all mention of the subordinate though older title of "Lord Kintail," which he and all the collateral branches descended of George, the second Earl, had taken up and assumed in all their deeds and transactions, though there was no occasion to use it in Parliament, as they appeared there as Earls of Seaforth. It is questionable therefore, if the Act of Attainder of William, Earl of Seaforth, by that designation only could affect the barony of Kintail; and as the designation to the patentee of it, "Suisque heredibus maxulis," seems to render he grant an entailed fee agreeable to the 7th of Queen Anne, c. 21, and the protecting clause of 26th Henry VIII. c. 13, the claimant George Falconer Mackenzie, is entitled to the benefit of such remainder, and in fact such remainder was given effect to by the succession of Earl George to his brother Colin's titles as his heir male collateral.--Allangrange Service.]
Earl William married in early life, Mary, the only daughter and co-heir of Nicholas Kenet of Coxhow, Northumberland, with issue, three sons--
I. Kenneth, who succeeded his father.
II. Ronald, who died unmarried.
III. Nicholas, who was drowned at Douay, without issue.
IV. Frances, who married the Hon. John Gordon of Kenmure, whose father was beheaded in 1715.
He died in 1740 in the Island of Lewis, was buried there in the Chapel of Ui, and was succeeded by his eldest son,
XVIII. KENNETH, LORD FORTROSE,
Which courtesy title he continued to bear as the subordinate title of his father; and under this designation he is named as a freeholder of Ross in 1741. In the same
He must, however, have been in tightened circumstances, for, on the 27th of June, 1728, he writes a letter to the Lord Advocate, in which he refers to a request he had made to Sir Robert Walpole, who advised him to put his claim in writing that it might be submitted to the King. This was done, but "the King would neither allow anything of the kind or give orders to be granted what his Royal father had granted before. On hearing this, I could not forbear making appear how ill I was used. The Government in possession of the estate, and I in the interim allowed to starve, though they were conscious of my complying with whatever I promised to see put in execution." He makes a strong appeal to his friend to contribute to an arrangement that would tend to the mutual satisfaction of all concerned, "for the way I am now in is most disagreeable, consequently, if not rectified, will choose rather to seek my bread elsewhere than continue longer in so unworthy a situation." [Culloden Papers, pp. 103-4] Notwithstanding the personal remission granted in his favour for the part he had taken in the Rising of 1715, the title of Earl of Seaforth, under which alone he was proscribed, passed under attainder, while the older and original dignity of Kintail, which only became subordinate by a future elevation, remained unnoticed, and, consequently unvitiated in the male descent of Kenneth, first Lord Mackenzie of Kintail, granted by patent on the 19th of November, 1609, and it has accordingly been claimed. [This Act (of Attainder) omits all mention of the subordinate though older title of "Lord Kintail," which he and all the collateral branches descended of George, the second Earl, had taken up and assumed in all their deeds and transactions, though there was no occasion to use it in Parliament, as they appeared there as Earls of Seaforth. It is questionable therefore, if the Act of Attainder of William, Earl of Seaforth, by that designation only could affect the barony of Kintail; and as the designation to the patentee of it, "Suisque heredibus maxulis," seems to render he grant an entailed fee agreeable to the 7th of Queen Anne, c. 21, and the protecting clause of 26th Henry VIII. c. 13, the claimant George Falconer Mackenzie, is entitled to the benefit of such remainder, and in fact such remainder was given effect to by the succession of Earl George to his brother Colin's titles as his heir male collateral.--Allangrange Service.]
Earl William married in early life, Mary, the only daughter and co-heir of Nicholas Kenet of Coxhow, Northumberland, with issue, three sons--
I. Kenneth, who succeeded his father.
II. Ronald, who died unmarried.
III. Nicholas, who was drowned at Douay, without issue.
IV. Frances, who married the Hon. John Gordon of Kenmure, whose father was beheaded in 1715.
He died in 1740 in the Island of Lewis, was buried there in the Chapel of Ui, and was succeeded by his eldest son,
XVIII. KENNETH, LORD FORTROSE,
Which courtesy title he continued to bear as the subordinate title of his father; and under this designation he is named as a freeholder of Ross in 1741. In the same