History Of The Mackenzies [91]
thieves, and disobedient persons and clans that dare not come to public markets in the Lowlands themselves, whereby the execution of the Arts made against somers, clans, and thieves, is greatly impeded," should be punished in the manner therein contained. Another Act provided "that the inbringer of every robber and thief, after he is outlawed, and denounced fugitive, shall have two hundred pounds Scots for every robber and thief so inbrought." [Antiquarian Notes.]
On the 5th of February, 1595-96, it is complained against him by Alexander Bayne of Tulloch that although upon the 7th of March, 1594, John MacGillechallum, Raasay, had been put to the horn for non-appearance to a complaint by the said Alexander and his son Alexander, Fiar of Tulloch, against the Rev. John Mackenzie, minister of Urray, touching certain oppressions and depredations committed on him and his tenants, he remained not only unrelaxed from the horn, but continues in "his wicked and accustomed trade of rief theft, sorning, and oppression," seeking "all indirect and shameful means to wreck and destroy him and his bairns." A short time before this, MacGillechallum sent to the complainer desiring him to give over to him his (Bayne's) old heritage called Torridon, "with assurance if he do not the same to burn his whole corn and goods." In these insolencies "he is encouraged and set forward by the consort, reset, and supply which he receives of Kenneth Mackenzie of Kintail and his friends, he being near kinsman to the said Kenneth, viz.: --his father's sister's son; who, in that respect, shows him all good offices of friendship and courtesy, indirectly assisting him with his men and moyen in all his enterprises against the said complainer and his bairns, without whose oversight and allowance and protection it were not able to him to have a reset in any part of the country." The complainer, Alexander Bayne, describes himself as "a decrepit aged man past eighty years of age and being blind these years he must submit himself to his Majesty for remedy." Kintail appeared personally, and Tulloch by his two sons, Alexander and Ranald, whereupon the King and Council remitted the complaint to be decided before the ordinary judges.
The following account from family MSS. and Sir Robert Gordon's Earldom of Sutherland, refers no doubt to the same incidents--John MacCallum, a brother of the Laird of Raasay, annoyed the people of Torridon, which place at that time belonged to the Baynes of Tulloch. He alleged that Tulloch, in whose house he was fostered, had promised him these lands as a gift of fosterage; but Tulloch, whether he had made a previous promise to MacGillechallum or not, left the lands of Torridon to his own second son, Alexander Mor MacDhonnchaidh Mhic Alastair, alias Bayne. He afterwards obtained a decree against MacGillechallum for interfering with his lands and molesting the people, and, on a Candlemas market, with a large following of armed men, made up of most of the Baynes, and a considerable number of Munros, he came to the market stance, at that time held at Logie. John MacGillechallum, ignorant of Tulloch "getting the laws against him" and in no fear of his life or liberty, came to the market as usual, and, while standing buying some article at a chapman's stall, Alastair Mor and his followers came up behind him unperceived, and, without any warning, struck him on the head with a two-edged sword--instantly killing him. A gentleman of the Clann Mhurchaidh Riabhaich Mackenzies, Ian Mac Mhurchaidh Mhic Uilleam, a very active and powerful man, was at the time standing beside him, and he asked who dared to have spilt Mackenzie blood in that dastardly manner. He had no sooner said the words than he was run through the body by ore of the swords of the enemy; and thus, without an opportunity of drawing their weapons, fell two of the best swordsmen in the North of Scotland. The alarm and the news of their death immediately spread through the market. "Tulloch Ard," the war cry of the Mackenzies,
On the 5th of February, 1595-96, it is complained against him by Alexander Bayne of Tulloch that although upon the 7th of March, 1594, John MacGillechallum, Raasay, had been put to the horn for non-appearance to a complaint by the said Alexander and his son Alexander, Fiar of Tulloch, against the Rev. John Mackenzie, minister of Urray, touching certain oppressions and depredations committed on him and his tenants, he remained not only unrelaxed from the horn, but continues in "his wicked and accustomed trade of rief theft, sorning, and oppression," seeking "all indirect and shameful means to wreck and destroy him and his bairns." A short time before this, MacGillechallum sent to the complainer desiring him to give over to him his (Bayne's) old heritage called Torridon, "with assurance if he do not the same to burn his whole corn and goods." In these insolencies "he is encouraged and set forward by the consort, reset, and supply which he receives of Kenneth Mackenzie of Kintail and his friends, he being near kinsman to the said Kenneth, viz.: --his father's sister's son; who, in that respect, shows him all good offices of friendship and courtesy, indirectly assisting him with his men and moyen in all his enterprises against the said complainer and his bairns, without whose oversight and allowance and protection it were not able to him to have a reset in any part of the country." The complainer, Alexander Bayne, describes himself as "a decrepit aged man past eighty years of age and being blind these years he must submit himself to his Majesty for remedy." Kintail appeared personally, and Tulloch by his two sons, Alexander and Ranald, whereupon the King and Council remitted the complaint to be decided before the ordinary judges.
The following account from family MSS. and Sir Robert Gordon's Earldom of Sutherland, refers no doubt to the same incidents--John MacCallum, a brother of the Laird of Raasay, annoyed the people of Torridon, which place at that time belonged to the Baynes of Tulloch. He alleged that Tulloch, in whose house he was fostered, had promised him these lands as a gift of fosterage; but Tulloch, whether he had made a previous promise to MacGillechallum or not, left the lands of Torridon to his own second son, Alexander Mor MacDhonnchaidh Mhic Alastair, alias Bayne. He afterwards obtained a decree against MacGillechallum for interfering with his lands and molesting the people, and, on a Candlemas market, with a large following of armed men, made up of most of the Baynes, and a considerable number of Munros, he came to the market stance, at that time held at Logie. John MacGillechallum, ignorant of Tulloch "getting the laws against him" and in no fear of his life or liberty, came to the market as usual, and, while standing buying some article at a chapman's stall, Alastair Mor and his followers came up behind him unperceived, and, without any warning, struck him on the head with a two-edged sword--instantly killing him. A gentleman of the Clann Mhurchaidh Riabhaich Mackenzies, Ian Mac Mhurchaidh Mhic Uilleam, a very active and powerful man, was at the time standing beside him, and he asked who dared to have spilt Mackenzie blood in that dastardly manner. He had no sooner said the words than he was run through the body by ore of the swords of the enemy; and thus, without an opportunity of drawing their weapons, fell two of the best swordsmen in the North of Scotland. The alarm and the news of their death immediately spread through the market. "Tulloch Ard," the war cry of the Mackenzies,