History Of The Mackenzies [85]
letters pur chased by the said Donald Mac Angus, effect thereof, and process of horning contained therein, and all that has followed thereupon, upon the said Colin simpliciter in time coming," the ground for this decision being that "the said Colin has found security acted in the books of Secret Council that the said castle and fortalice of Strome, committed to him in keeping by the King's Majesty and Lords of Secret Council, shall be rendered and delivered again to such person or persons as shall be appointed by the King's Majesty to receive the same, as the keepers thereof shall be required thereto upon six days' warning, under the pain of ten thousand merks" and meanwhile, under the same pains, that none of the King's subjects shall be "invaded, troubled, molested, nor persecuted," by those who keep the castle for him, or by others resorting thither.
There is, however, this proviso--
That, in case the said Colin shall at any time hereafter sue of the King's Majesty to be disburdened of the keeping of the said castle, and that some person may be appointed to receive the same out of his hands and keeping within the space of twenty days next after his said Suit, which notwithstanding shall happen to be refused and not done by his Highness within the said space, that in that case he nor his cautioner be anywise answerable thereafter for the said house and keeping thereof, but to be free of the same, and these presents to annul and to have no further force, effect, nor execution, against them at any time thereafter except that the same house shall happen to be kept by the said Colin or his servants in his name thereafter, for the which in that respect the said Colin shall always be answerable in manner aforesaid and no otherwise.
A bond of caution by Mackenzie, and Lord Lindsay of the Byres as security for him, for ten thousand merks, subscribed on the 20th of January, 1582-83, and registered in the Chanonry of Ross, binds Colin to surrender the Castle of Strome to any person appointed by the King for the purpose, on six days' warning and to fulfil the other duties imposed upon him by the Act of the Privy Council dated the 11th of the same month, already given, but with the proviso in his favour contained in that Act, which is repeated at length in the bond of caution of this date.
In terms of this bond the King and Council at a meeting held at Holyrood on the 8th of March following "for certain causes and considerations moving them," order letters to issue charging Mackenzie and other keepers of the Castle of Strome to deliver the same to Colin, Earl of Argyll, Chancellor, or to his servants in his name within six days after charge under the pains of rebellion, which being done the King "discharges thereafter the sureties found by the said Colin Mackenzie of before, either acted in the books of Secret Council, or by contract, bond, or promise between him and Donald Mac Angus Mac Alastair of Glengarry," the Acts referring to the same to be deleted from the books of the Privy Council.
Colin's name appears again on the 1st of August as surety for a bond of three thousand merks by David Dunbar of Kilstarry and Patrick Dunbar of Blairy.
On the 5th of May, 1585, he is denounced a rebel on a complaint by Hugh Fraser of Guisachan under the following circumstances. Fraser says that a certain "John Dow Mac Allan was lawfully denounced his Highness' rebel and put to the horn at the said Hucheon's instance for not removing from the half davoch of land of Kilboky pertaining to him, conform to a decree obtained by the said Hucheon against the said John Dow Mac Allan." Upon this decree Hugh Fraser "raised letters of caption by deliverance of the Lords of Session to charge the Sheriff of Inverness and other judges in the country where the said John resorts, to take, apprehend him, and keep him conform to the order observed in such cases." In all this process to obtain the decree, with "letters in the four forms, executions and denunciations thereof," and then raising of
There is, however, this proviso--
That, in case the said Colin shall at any time hereafter sue of the King's Majesty to be disburdened of the keeping of the said castle, and that some person may be appointed to receive the same out of his hands and keeping within the space of twenty days next after his said Suit, which notwithstanding shall happen to be refused and not done by his Highness within the said space, that in that case he nor his cautioner be anywise answerable thereafter for the said house and keeping thereof, but to be free of the same, and these presents to annul and to have no further force, effect, nor execution, against them at any time thereafter except that the same house shall happen to be kept by the said Colin or his servants in his name thereafter, for the which in that respect the said Colin shall always be answerable in manner aforesaid and no otherwise.
A bond of caution by Mackenzie, and Lord Lindsay of the Byres as security for him, for ten thousand merks, subscribed on the 20th of January, 1582-83, and registered in the Chanonry of Ross, binds Colin to surrender the Castle of Strome to any person appointed by the King for the purpose, on six days' warning and to fulfil the other duties imposed upon him by the Act of the Privy Council dated the 11th of the same month, already given, but with the proviso in his favour contained in that Act, which is repeated at length in the bond of caution of this date.
In terms of this bond the King and Council at a meeting held at Holyrood on the 8th of March following "for certain causes and considerations moving them," order letters to issue charging Mackenzie and other keepers of the Castle of Strome to deliver the same to Colin, Earl of Argyll, Chancellor, or to his servants in his name within six days after charge under the pains of rebellion, which being done the King "discharges thereafter the sureties found by the said Colin Mackenzie of before, either acted in the books of Secret Council, or by contract, bond, or promise between him and Donald Mac Angus Mac Alastair of Glengarry," the Acts referring to the same to be deleted from the books of the Privy Council.
Colin's name appears again on the 1st of August as surety for a bond of three thousand merks by David Dunbar of Kilstarry and Patrick Dunbar of Blairy.
On the 5th of May, 1585, he is denounced a rebel on a complaint by Hugh Fraser of Guisachan under the following circumstances. Fraser says that a certain "John Dow Mac Allan was lawfully denounced his Highness' rebel and put to the horn at the said Hucheon's instance for not removing from the half davoch of land of Kilboky pertaining to him, conform to a decree obtained by the said Hucheon against the said John Dow Mac Allan." Upon this decree Hugh Fraser "raised letters of caption by deliverance of the Lords of Session to charge the Sheriff of Inverness and other judges in the country where the said John resorts, to take, apprehend him, and keep him conform to the order observed in such cases." In all this process to obtain the decree, with "letters in the four forms, executions and denunciations thereof," and then raising of