A history of the Highlands and of the Highland clans : with an ...

276 HISTORY OF THE HIGHLANDS.
had a right to the services of all his clan, some of whom were tenants
and dependants of the marquis of Huntly, he ordered the latter to fol-
low him, and compelled sucli of them as were refractory to accompany
him into Lochaber. Tliis proceeding gave offence to the earl of
Enzie, who summoned Mackintosh before the lords of the privy council
for having, as he asserted, exceeded his commission. He, moreover,
got Mackintosh's commission recalled, and obtained a new commission
in his own favour from the lords of the council, under which he invaded
Lochaber, and expelled Mac-Ronald and his brother, Donald, from that
country.
As Mackintosh held certain lands from the earl and his father for
services to be done, which the earl alleged had not been performed by
Mackintosh, agreeably to the tenor of his titles, the earl brouglit an ac-
tion against Mackintosh in the year sixteen hundred and eighteen, for
evicting these lands, on the ground of his not having implemented the
conditions on which he held them. And, as the earl had right to the
tithes of Culloden, which belonged to Mackintosh, he served him, at
fame time, with an inhibition, prohibiting him to dispose of these tithes.
As the time for tithing drew near, IMackintosh, by advice of the Clan-
Kenzie and the Grants, circulated a report tliat he intended to oppose the
carl in any attempt he might make to take possession of the tithes of
Culloden in kind, because such a practice had never before been in use.
and that he would try the issue of an action of spuilzie, if brought
against him. Although the earl was much incensed at such a threat on
the part of his own vassal, yet, being a privy counsellor, and desirous
of showing a good example in keeping the peace, he abstained from enforcing
his right ; but, having formerly obtained a decree against Mack-
intosh for the value of the tithes of the preceding years, he sent two
messengers-at-arms to poind and distrain the corns upon the ground
under that warrant. The messengers were, however, resisted by Mack-
intosh's servants, and forced to desist in the execution of their duty.
The earl, in consequence, pursued Mackintosh and his servants befon-
the prii-y council, and got them denounced and proclaimed rebels to
the king. He, thereupon, collected a number of his particular friends
with the design of carrying his decree into execution, by distraining the
crop at Culloden and carrying it to Inverness. Mackintosh prepared
himself to resist, by fortifying the house of Culloden and laying in a
large quantity of ammunition, and having collected all the corn within
shot of the castle and committed the charge of it to his two uncles,
Duncan and Lauchlan, he waited for the approach of the earl. As the
earl was fully aware of Mackintosli's preparations, and that the Clan-
Chattan, the Grants, and the Clan-Kenzie, had promised to assist
Mackintosh in opposing the execution of his warrant, he wrote to
Sir Robert Gordon, tutor of Sutherland, to'^ncet him at Culloden on
the fifth day of November, sixteen hundred and eighteen, being the day
fixed by him for enforcing hi.s decree- On receipt of this letter, Sit