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History Of The Mackenzies [64]

By Root 8268 0
upon which, among other autho-rities, he founds. We give the following extract, except that the spelling is modernised:--

"7th April 1511.--Anent the summons made at the instance of John Mackenzie of Kintail against Hector Roy Mackenzie for the wrongous intromitting, uptaking, and withholding from him of the mails `fermez,' profits, and duties of all and whole the lands of Kintail, with the pertinents lying in the Sheriffdom of Inverness, for the space of seven years together, beginning in the year of God 1501, and also for the space of two years, last bye-past, and for the masterful withholding from the said John Mackenzie of his house and Castle of Ellandonnan, and to bring with him his evidence if (he) any has of the constabulary and keeping thereof, and to hear the same decerned of none avail, and diverse other points like as at more length; is contained in the said summons, the said John Mackenzie being personally present, and the said Hector Roy being lawfully summoned to this action, oft-times called and not compearing, the said John's rights, etc. The Lords of Council decree and deliver, that the said Hector has forfeited the keeping and constabulary of the said Castle of Ellandonnan, together with the fees granted therefor, and decern all evidents, if he any has made to him thereupon, of none avail, force, nor effect, and the said John Mackenzie to have free ingress and entry to the said Castle, because he required the said Hector for deliverance thereof and to thole him to enter thereunto, howbeit the said Hector refused and would not give him entry to the said Castle, but if his servants would have delivered their happinnis from them to his men or their entries, like as one actentit instrument taken thereupon shown and produced before the said Lords purported and bore, and therefore ordains our sovereign Lords' letters (to) be directed to devode and rid the said Castle and to keep the said John in possession thereof as effeirs and continues to remanent points contained in the said summons in form, as they are now, unto the 20th day of July next to come, with continuation of days, and ordains that letters be written in form of commission to the Sheriff of Inverness and his deputies to summon witnesses and take probations thereupon and to summon the party to heir them sworn and thereafter send their depositions closed to the Lords again, the said day, under the said Sheriffs or his Deputy's seal, that thereafter justice may be ministered thereuntill."

Whatever truth there may be in the accounts given by the family historians, Hector Roy was undoubtedly at this period possessed of considerable estates of his own; for, we find a "protocol," by John Vass, "Burges of Dygvayll, and Shireff in this pairt," by which he makes known that, by the command of his sovereign lord, letters and process was directed to him as Sheriff granting him to give Hector Mackenzie heritable state and possession "of all and syndri the landis off Gerloch with thar pertinens, after the forme and tenor off our souerane lordis chartyr maide to the forsaide Hector," lying between the waters called Inverew and Torridon. The letter is dated "At Alydyll (?Talladale) the xth of the moneth off December the zher off Gode ane thousande four hundreth nynte an four zheris." It is clear that Hector did not long continue under a cloud; for in 1508 the King directed a mandate to the Chamberlain of Ross requesting him to enter Hector Roy Mackenzie in the "males and proffitis of our landis of Braane and Moy, with ariage, cariage and vther pertinence thareof . for his gude and thankfull service done and to be done to us . and this on na wise ye leif vndone, as ye will incur our indignatioun and displesour. This our letrez . efter the forme of our said vther letres past obefor, given vnder our signet at Edinburgh the fift day of Marche and of Regne the twenty yere.--(Signed) James R." In 1513 he received a charter under the great seal of the lands of Gairloch formerly granted him, with Glasletter and Coruguellen,
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