history of the mackenzies-第43章
按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
th 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 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 the said letters of caption thereupon； the complainer has been put to great travel and expenses； having his habitation by' the space of eight score miles or thereby distant from the Burgh of Edinburgh。〃 Nevertheless； Colin Mackenzie； 〃to whom the said John Dow Mac Allan is tenant； servant； and special depender；〃 maintains and assists him in his violent occupation or the complainer's lands； 〃keeps him in his company； receives him in his house； and otherwise debates him that he cannot be apprehended；〃 so that all the proceedings of the complainer Fraser are
