History Of The Mackenzies [98]
riefs, and villianies, not only among themselves but upon his Majesty's peaceable and good subjects who resorted among them in their trade of fishing, and by their barbarous and savage behaviour against his Majesty's good subjects they have made the trade of fishing in the Lewis, which was most profitable for the whole country, to become always unprofitable, to the great hurt of the commonweal. And the Lords of Secret Council finding it a discredit to the country that such a parcel of ground, possessed by a number of miserable caitiffs, shall be suffered to continue rebellious, whereas the whole remanent Isles are become peaceable and obedient, and the said Lords understand the good affection of Kenneth, Lord Kintail and his willing disposition to undergo all pains and trouble in his Majesty's service. Therefore the said Lords has made and constituted, and by the tenour hereof makes and constitutes, the said Kenneth Lord Kintail, his Majesty's justice and commissioner over the whole boundaries of the Lewis, to the effect under-written, with full power, commission, and authority to him to convocate his Majesty's lieges in arms, to levy and take up men of war, to appoint captains and commanders over them, and with them to pass to the Lewis, and there, with tire and sword, and all kind of hostility, to search, seek, hunt, follow, and pursue the said Neil, his accomplices, assistants, and partakers, by sea and land, wherever they may be apprehended, and to mell, confiscate, and intromit with their goods and gear, and to dispone thereupon at their pleasure, and to keep such of their persons as shall be taken in sure firmance till justice he ministered upon them, conform to the laws of this realm, courts of justiciary within the said bounds to sit, begin, affix, hold, and continue suits to be made called "absentis to amerchiat," trespasses to punish, all and sundry persons inhabitants of the Lewis suspected and delayed of murder, slaughter, fire-raising, theft, and reset of theft, and other capital crimes, to search, seek, take, apprehend, commit to prison, and to enter them upon panel by dittay to accuse them, and to put them to the knowledge of an assize, and as they shall happen to be found culpable or innocent of the said crimes, or any of them, to cause justice be administered upon them conform to the laws of this realm assize needful to this effect, each person under the pain of forty pounds, to summon, warn, chase, and cause be sworn, clerks, serjeants, dempsters, and all other officers and members of court needful, to make, create, substitute and ordain, for whom he shall be held to answer with power likewise to our said justice, for the better execution of this commission to take the lymphads, galleys, birlinns, and boats, in the next adjacent Isles, and in the Lewis, for the furtherance of them in their service, the said justice being always answerable to the owners of the said lymphads, galleys, birlinns, and bouts for redelivery of the same at the finishing of his Majesty's service with power likewise to the said justice and persons assisting him in the execution of this commission to bear, wear, and use hagbutis, pistols, and petards. And if in pursuit of this commission there shall happen slaughter, mutilation fire-raising, or any other inconvenience, to follow, the said Lords decern and declare that the same shall not be imputed as crime or offence to the said justice nor persons assisting him in the execution of this Commission, nor that they, nor none of them, shall not be called nor accused therefore criminally nor civilly by any manner of way in time coming; exonerating them of all pain, crime, and danger, that they may incur therethrough for ever. And generally all and sundry other things to do, exercise, and use, which for execution of this commission are requisite and necessary, firm, and stable, holding and for to hold all and whatsoever things shall be lawfully done herein. And that letters of publication be directed hereupon charging all his Majesty's lieges