History Of The Mackenzies [84]
Strome Castle to Donald Macdonald of Glengarry is reversed. He petitions the Privy Council and gives an entirely different complexion to the facts of the case against him to those submitted by Glengarry to the Council. He complains of Donald Mac Angus for having "upon a certain sinister and malicious narration" obtained a decree against him charging him upon pain of rebellion to deliver up the Castle of Strome, and to appear before the Privy Council, on the 4th of August preceding, to find caution that Glengarry and his friends should be kept harmless of him in their persons and goods, and then makes the following statement:--
The officer, alleged executor of the said letters (against him), neither charged thc said Colin personally nor at his dwelling house, neither yet came any such charge to his knowledge. Yet he hearing tell somewhat thereof by the "bruit" of the country, he, for obedience of the same, directed Alexander Mackenzie, his servant and procurator, to our Burgh of Perth, where his Majesty was resident for the time, who from the same fourth of August, being the peremptory day of compearance, as well there as at Ruthven, attended continually upon the calling of the said letters till the Council dissolved, and that his Majesty passed to Dunkeld to the hunting. Like as immediately thereafter the said Alexander repaired to the Burgh of Edinburgh, where he likewise awaited a certain space thereafter when Council should have been, and the said letters should have been called but perceiving no number of Council neither there nor actually with his Majesty, he looked for no calling of the said letters nor proceeding thereuntil, but that the same should have (been), deserted, because the day was peremptory, at the least till he should have been of new warned and heard in presence of his Highness and his Council to have shown a reasonable cause why no such letters should be granted simpliciter upon the said Colin to the effect above-written. Not-withstanding for by his expectation, he being resident for the time in Edinburgh, where he looked that the said matter should have been called, the said other letters were upon the tenth day of the said month of August last, by moyen of the said Donald Mac Angus, called at the Castle of Dalkeith, and there, for the said Colin's alleged non-compearance, as he is surely informed, decree was pronounced in the said matter and letters ordained to be directed simpliciter against him." Had his said servant, then still in Edinburgh, been made aware of this meeting of Council at Dalkeith, "he would not have failed to have compeared, and had many good and sufficient reasons and defences to have staid all giving of the said letters simpliciter;" such as that "the said Colin received the said castle and fortalice of Strome by virtue of a contract passed betwixt him and the said Donald, wherein he was content and consented that the said castle should remain in the said Colin's hands and keeping unto the time he had fulfilled certain other articles and clauses mentioned and contained in the same contract;" also "that the said Colin was charged, by virtue of letters passed by deliverance of the Lords of Session, to render and deliver the said castle and fortalice of Strome to John Grant of Freuchie, as pertaining to him in heritage, within a certain space after the charge, under the said pain of horning, so that, he being doubly charged, he is uncertain to whom to render the said castle." Moreover, for the satisfaction of the King and the Lords of Council, "the said Colin has found caution to render and deliver the said castle and fortalice to the said Donald, if it shall be found by his Highness and the said Lords that he ought to do the same." For these reasons it is argued that the said decree and letters issued against him ought to be suspended.
Charge having been made to the said Donald Mac Angus to appear to this complaint and demand, "both the said parties compeared personally," and the Lords after hearing them, "suspended the foresaid
The officer, alleged executor of the said letters (against him), neither charged thc said Colin personally nor at his dwelling house, neither yet came any such charge to his knowledge. Yet he hearing tell somewhat thereof by the "bruit" of the country, he, for obedience of the same, directed Alexander Mackenzie, his servant and procurator, to our Burgh of Perth, where his Majesty was resident for the time, who from the same fourth of August, being the peremptory day of compearance, as well there as at Ruthven, attended continually upon the calling of the said letters till the Council dissolved, and that his Majesty passed to Dunkeld to the hunting. Like as immediately thereafter the said Alexander repaired to the Burgh of Edinburgh, where he likewise awaited a certain space thereafter when Council should have been, and the said letters should have been called but perceiving no number of Council neither there nor actually with his Majesty, he looked for no calling of the said letters nor proceeding thereuntil, but that the same should have (been), deserted, because the day was peremptory, at the least till he should have been of new warned and heard in presence of his Highness and his Council to have shown a reasonable cause why no such letters should be granted simpliciter upon the said Colin to the effect above-written. Not-withstanding for by his expectation, he being resident for the time in Edinburgh, where he looked that the said matter should have been called, the said other letters were upon the tenth day of the said month of August last, by moyen of the said Donald Mac Angus, called at the Castle of Dalkeith, and there, for the said Colin's alleged non-compearance, as he is surely informed, decree was pronounced in the said matter and letters ordained to be directed simpliciter against him." Had his said servant, then still in Edinburgh, been made aware of this meeting of Council at Dalkeith, "he would not have failed to have compeared, and had many good and sufficient reasons and defences to have staid all giving of the said letters simpliciter;" such as that "the said Colin received the said castle and fortalice of Strome by virtue of a contract passed betwixt him and the said Donald, wherein he was content and consented that the said castle should remain in the said Colin's hands and keeping unto the time he had fulfilled certain other articles and clauses mentioned and contained in the same contract;" also "that the said Colin was charged, by virtue of letters passed by deliverance of the Lords of Session, to render and deliver the said castle and fortalice of Strome to John Grant of Freuchie, as pertaining to him in heritage, within a certain space after the charge, under the said pain of horning, so that, he being doubly charged, he is uncertain to whom to render the said castle." Moreover, for the satisfaction of the King and the Lords of Council, "the said Colin has found caution to render and deliver the said castle and fortalice to the said Donald, if it shall be found by his Highness and the said Lords that he ought to do the same." For these reasons it is argued that the said decree and letters issued against him ought to be suspended.
Charge having been made to the said Donald Mac Angus to appear to this complaint and demand, "both the said parties compeared personally," and the Lords after hearing them, "suspended the foresaid