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The Highlanders of Scotland - Clan Strachan Society

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294 T H E H I G H L A \ D E R S [part ii<br />

obtained himself bound for his clan under the designation <strong>of</strong><br />

Lord <strong>of</strong> Chin)' and chief <strong>of</strong> the ; Macphersons but his legal<br />

proceedings were not so fortunate as his resistance by arms<br />

Itad been, for no sooner was Macintosh aware <strong>of</strong> what had taken<br />

place than he applied to the privy council and the Lyon <strong>of</strong>fice<br />

to have his own title declared, and those titles given to Mac-<br />

pherson recalled.<br />

Both parties were now called upon to produce evidence<br />

<strong>of</strong> their assertions, but while IVIacintosh could produce deeds<br />

during a long course <strong>of</strong> \-ears, in which he was designated<br />

captain <strong>of</strong> clan Chattan, and also the unfortunate bond <strong>of</strong><br />

Manrent \\ hich had been given in 1609, ]\Iacpherson had nothing<br />

to bring forward but tradition, and the argument arising from<br />

his representation <strong>of</strong> the ancient chiefs, which was but little<br />

understood b}' the feudalists <strong>of</strong> those days. <strong>The</strong> council at<br />

length gave a decision, which, perhaps, was as just<br />

a one as<br />

in the circumstances <strong>of</strong> the case could be expected from them.<br />

<strong>The</strong> judgment was in the following terms :<br />

" <strong>The</strong> lords <strong>of</strong><br />

priv}' council, upon consideration <strong>of</strong> a petition presented by<br />

Duncan IMacpherson <strong>of</strong> Clun}-, and the Laird <strong>of</strong> Macintosh,<br />

doe ordain Mcintosh to give bond in these terms, viz., for those<br />

<strong>of</strong> his clan, his vassals, those descendit <strong>of</strong> his family, his men,<br />

and ordaine<br />

tenants, and servants, or dwelling upon his ground ;<br />

Cluny to give bond for those <strong>of</strong> his name <strong>of</strong> Macpherson,<br />

descendit <strong>of</strong> his family, and his men, tenants, and servants,<br />

but prejudice always to the Laird <strong>of</strong> Mcintosh, bonds <strong>of</strong> relief<br />

against such <strong>of</strong> the name <strong>of</strong> Macpherson, who are his vassals.<br />

(Sub"^'.), Rothes." Upon this decision the arms were likewise<br />

recalled, and those <strong>of</strong> the Macphersons again matriculated as<br />

those <strong>of</strong> ]\Iacpherson <strong>of</strong> Cluny.<br />

After this the Macintoshes remained in quiet possession<br />

<strong>of</strong> their hereditar}' territories, frequently at feud with Huntly<br />

and at other times at peace, and they appear to have constantly<br />

maintained the high station which they had acquired among<br />

the Highland clans with respect to power and extent <strong>of</strong> territory.<br />

<strong>The</strong>ir feuds with the Camerons, with the accounts <strong>of</strong> which<br />

the earlier parts <strong>of</strong> their traditionar}' history abound, terminated<br />

by the place ot that clan becoming supplied by another whose<br />

possessions in the Braes <strong>of</strong> Lochaber placed them too near

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