History Of The Mackenzies [57]
and John's youth encouraging him, it is said, [MS. History by the Earl of Cromartie.] Hector proposed an arrangement to Duncan, whom he considered the only legitimate obstacle to his own succession, by which he would transfer his rights as elder brother in Hector's favour, in return for which he should receive a considerable portion of the estates for himself and his successors. Duncan declined to enter into the proposed agreement, principally on the ground that the Pope, in 1491, the year in which John's father died, had legitimised Kenneth a Bhlair's marriage with Agnes of Lovat, and thereby restored the children of that union to the rights of succession. Finding Duncan unfavourable to his project, Hector declared John illegitimate, and held possession of the estates for himself; and the whole clan, with whom he was a great favourite, submitted to his rule. [Though we have given this account on the authority of the MS. histories of the family, it is now generally believed that Duncan was dead at this period, and that his son Allan, who would have succeeded, failing John of Killin's legitimacy, was a minor when his father died.]
It can hardly be supposed that Lord Lovat would be a disinterested spectator of these proceedings, and in the interest of his sister's children he procured a precept of clare constat from James Stewart, Duke of Ross, [After the forfeiture of the ancient Earls of Ross, the district furnished new titles under the old names, to members of the Royal family. James Stewart, second son of King James the Third, was created in 1487 Duke of Ross, Marquis of Ormond, Earl of Ardmanach, and Lord of Brechin and Navar. The Duke did not long hold the territorial Dukedom of Ross. On the 13th of May 1503, having obtained the rich Abbey of Dunfermline, he resigned the Dukedom of Ross into the hands of the King. The Duke reserved for his life the hill of Dingwall beside that town for the style of Duke, the hill of Ormond (above Avoch) for the style of Marquis, the Redcastle of Ardmanach for the style of Earl, and the Castle of Brechin, with the gardens, &c., for the name of Brechin and Navar. The Duke of Ross died in 1504. It was said of him by Ariosto, as translated by Hoole-- /*"The title of the Duke of Ross he bears, No chief like him in dauntless mind compares."*/
The next creation of the title of the Duke of Ross was in favour of Alexander Stewart, the posthumous son of King James the Fourth. The Duke was born on the 30th April 1514, and died on the 18th December 1515. In the reign of Mary Queen of Scots, John, Earl of Sutherland, acquired from Mary, the Queen Dowager, a certain right in the Earldom of Ross, which might ultimately have joined in one family both Sutherland and Ross. Lord Darnley, on the prospect of his marriage with Queen Mary, was created Earl of Ross, a title by which he is little known, as it was only given to him a short time before he obtained the higher titles of Duke of Albany and King of Scotland.--Fraser's Earls of Cromartie.] and Archbishop of St Andrews, in favour of his grandson, John, as heir to the estates. The document is "daited the last of Apryle 1500 and seasin thereon 16 Mey 1500 be Sir John Barchaw and William Monro of Foulls, as Baillie to the Duk." [MS. History by the Earl of Cromartie.] This precept included the Barony of Kintail, as well as the lands held by Mackenzie off the earldom of Ross, for, the charter chest being in the possession of Hector Roy, Lovat was not aware that Kintail was held direct from the Crown; but notwithstanding all these precautions and legal instruments, Hector kept possession and treated the entire estates as his own.
Sir William Munro of Fowlis, the Duke's Lieutenant for the forfeited earldom of Ross, was dissatisfied with Hector's conduct, and resolved to punish him. Munro was in the habit of doing things with a high hand, and on this occasion, during Hector's absence from home, he, accompanied by his Sheriff, Alexander Vass, went to Kinellan, where Hector usually resided,
It can hardly be supposed that Lord Lovat would be a disinterested spectator of these proceedings, and in the interest of his sister's children he procured a precept of clare constat from James Stewart, Duke of Ross, [After the forfeiture of the ancient Earls of Ross, the district furnished new titles under the old names, to members of the Royal family. James Stewart, second son of King James the Third, was created in 1487 Duke of Ross, Marquis of Ormond, Earl of Ardmanach, and Lord of Brechin and Navar. The Duke did not long hold the territorial Dukedom of Ross. On the 13th of May 1503, having obtained the rich Abbey of Dunfermline, he resigned the Dukedom of Ross into the hands of the King. The Duke reserved for his life the hill of Dingwall beside that town for the style of Duke, the hill of Ormond (above Avoch) for the style of Marquis, the Redcastle of Ardmanach for the style of Earl, and the Castle of Brechin, with the gardens, &c., for the name of Brechin and Navar. The Duke of Ross died in 1504. It was said of him by Ariosto, as translated by Hoole-- /*"The title of the Duke of Ross he bears, No chief like him in dauntless mind compares."*/
The next creation of the title of the Duke of Ross was in favour of Alexander Stewart, the posthumous son of King James the Fourth. The Duke was born on the 30th April 1514, and died on the 18th December 1515. In the reign of Mary Queen of Scots, John, Earl of Sutherland, acquired from Mary, the Queen Dowager, a certain right in the Earldom of Ross, which might ultimately have joined in one family both Sutherland and Ross. Lord Darnley, on the prospect of his marriage with Queen Mary, was created Earl of Ross, a title by which he is little known, as it was only given to him a short time before he obtained the higher titles of Duke of Albany and King of Scotland.--Fraser's Earls of Cromartie.] and Archbishop of St Andrews, in favour of his grandson, John, as heir to the estates. The document is "daited the last of Apryle 1500 and seasin thereon 16 Mey 1500 be Sir John Barchaw and William Monro of Foulls, as Baillie to the Duk." [MS. History by the Earl of Cromartie.] This precept included the Barony of Kintail, as well as the lands held by Mackenzie off the earldom of Ross, for, the charter chest being in the possession of Hector Roy, Lovat was not aware that Kintail was held direct from the Crown; but notwithstanding all these precautions and legal instruments, Hector kept possession and treated the entire estates as his own.
Sir William Munro of Fowlis, the Duke's Lieutenant for the forfeited earldom of Ross, was dissatisfied with Hector's conduct, and resolved to punish him. Munro was in the habit of doing things with a high hand, and on this occasion, during Hector's absence from home, he, accompanied by his Sheriff, Alexander Vass, went to Kinellan, where Hector usually resided,