" Gregory gives the "Acts of the Lords
of Council, xxii., fo. 142," as that upon which, among other
autho-rities, he founds. We give the following extract, except
that the spelling is modernised:
"7th April 1511. - Anent the summons made at the instance of John
Mackenzie of Kintail against Hector Roy Mackenzie for the wrongous
intromitting, uptaking, and withholding from him of the mails
'fermez,' profits, and duties of all and whole the lands of Kintail,
with the pertinents lying in the Sheriffdom of Inverness, for the
space of seven years together, beginning in the year of God 1501,
and also for the space of two years, last bye-past, and for the
masterful withholding from the said John Mackenzie of his house
and Castle of Ellandonnan, and to bring with him his evidence if
(he) any has of the constabulary and keeping thereof, and to hear
the same decerned of none avail, and diverse other points like
as at more length; is contained in the said summons, the said
John Mackenzie being personally present, and the said Hector Roy
being lawfully summoned to this action, oft-times called and not
compearing, the said John's rights, etc. The Lords of Council
decree and deliver, that the said Hector has forfeited the keeping
and constabulary of the said Castle of Ellandonnan, together with
the fees granted therefor, and decern all evidents, if he any has
made to him thereupon, of none avail, force, nor effect, and the
said John Mackenzie to have free ingress and entry to the said
Castle, because he required the said Hector for deliverance thereof
and to thole him to enter thereunto, howbeit the said Hector
refused and would not give him entry to the said Castle, but if
his servants would have delivered their happinnis from them to
his men or their entries, like as one actentit instrument taken
thereupon shown and produced before the said Lords purported and
bore, and therefore ordains our sovereign Lords' letters (to) be
directed to devode and rid the said Castle and to keep the said
John in possession thereof as effeirs and continues to remanent
points contained in the said summons in form, as they are now,
unto the 20th day of July next to come, with continuation of days,
and ordains that letters be written in form of commission to the
Sheriff of Inverness and his deputies to summon witnesses and take
probations thereupon and to summon the party to heir them sworn
and thereafter send their depositions closed to the Lords again,
the said day, under the said Sheriffs or his Deputy's seal, that
thereafter justice may be ministered thereuntill.
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