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be payit yeirlie induring the said space of my liftyme." There are many bonds extant approaching in character those of manrent, but in which the obligation is not expressly stated to be for life. They are generally between persons more nearly of equal station, and they may be met with, shading imperceptibly into deeds of the next class.

(3) This third class of protective bond is that between friends and equals, of which the transcript from the Abertarff papers is a fair specimen. The chief of Kintail and his son, who were parties to it, are also parties to a much more formal agreement of a similar kind between them, and Campbell of Cawdor, Grant of Fruquhy, and Ross of Balnagown. This agreement, which is entered into at the Chanonry of Ross January 1545, contains a provision that if any of the parties fail in fulfilling their part thereof, the remainder shall take part against "the brekar fray their consall." It is difficult to understand by what other sanctions such a contract could have been enforced. A breach of its covenants could hardly have formed the ground of a civil action, not to mention that the very fact of such agreements been made, presupposed a state of society in which submission to law was uncertain. In the case of the contract between Lovat, Chisholm, and Kintail, which has been the foundation for these remarks, the covenant is affirmed with an oath on "the haly ewangel," a disregard of which might perhaps have been dealt with ecclesiastically. In 1570 Lord Lovat and Huntly entered into a contract of friendshipt for the enforcement of which there is neither oath nor any other visible provision beyond the sanction which mutual interest supplied. Lovat wanted a feu farm of "the landis & names of Beowlyne with the salmond fischeing thereof," etc., and Huntley's influence is promised to obtain this for him from the Abbot of Kinloss. On the other hand, Huntly, who belonged to Queen Mary's party, had to maintain his position in the North against Lennox, who had been appointed Regent by Elizabeth, and wanting all the support he could get, he secures Lovat's aid by this agreement.

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On the face of the contract between Lovat and Chisholm " the tane part," and the two Mackenzies "on the toyr," there is nothing to show why it was entered into, nor does tradition or history so far as I am aware mention any special circumstance which called for a strengthening of alliances on the borders of Ross

* Cawdor Papers, p. 167.

+ Spalding Club Miscellany, vol. iv., p. 227.

and Inverness at that particular juncture; and I am inclined to suppose that it may have been with some view of avenging his clan on the Macdonalds, with whom the Mackenzies had a hereditary feud, that Alexander Lord Lovat entered into this agreement. He was the son of Hugh, the fifth Lord, who with his eldest son by his first wife Ann Grant of Freuchy, and with most of his clan, fell in fight with the Macdonalds at the Battle of Blar na Leinne, on Loch-Lochy in 1544. Sir Robert Gordon says that 300 of the blood and surname of Fraser were killed at this battle, * "and there wes a rumor spred that there wes not one of the familie left alyve that was of manes state. Bot it happened by the singular benefite of God, that they left their wyffs with chyld when they went to the feight: by which meanes that familie wes afterwards raised and restored." But as yet five years only had elapsed the Frasers who, in the interval, had come to man's estate could not have been very numerous, and their Chief might be willing enough to strengthen himself by alliances whether for defence or for vengeance.

Another explanation of this contract may be that it was a token of reconciliation between Lovat and Kintail. Hugh, Master of Lovat, who had been killed at Loch-Lochy, was a son of Ann Grant of Freuchy, and tradition says was left at home intentionally by his father, who did not wish his life endangered. But stung by the taunts of his step-mother, Janet Ross of Balnagown, who wished the succession opened to her own son (the Lovat of this contract), the Master followed his father, and with him lost his life. It might very well be, therefore, that the Grants of Freuchy felt some coldness towards the young Lovat and his mother. John Mackenzie of Kintail was married to one of these Grants (a daughter of John, the tenth laird, says the historian of the Mackenzies), and if so a sister of the deceased Anne Lady Lovat, and aunt of Hugh, who was the victim of his stepmother's taunts. There was thus a reason for coldness between the two families of Lovat and Kintail, which were, nevertheless, closely allied by blood-John of Kintail's mother having been a daughter of Hugh, 3rd Lord Lovat; and it is not unnatural to suppose that as this contract was "made because of the tenderness and kindness which has been before betwixt our forbears," so it bore witness to the close of a temporary estrangement.

I

This would seem to be the most reasonable explanation, were it not for the introduction of Chisholm as a party to the deed. have been unable to trace any near connection by blood between Sir Robert Gordon's Earldom of Sutherland, p. 110.

*

him and either Lovat or Kintail, and though there had been early alliances between their families, I think he must have been here conjoined with Lovat, rather because his lands, lying interspersed among those of the Frasers, the interests of the two families as regards defence from aggression were inseparable. The contract thus receives the colour of a defensive alliance rather than that of a deed of reconciliation. It may have been both; and the reservation by the Mackenzies of their freedom in the case of quarrel between Lovat and Grant, shows that if there had been a reconciliation between these families, doubts were felt as to its permanence.

The reservations made by each of the parties to the contract are not without interest. Both admit a prior allegiance to "ye authorite," i.e. the Crown, and to "my Lord of Huntlie." Huntly was at this time Chancellor of the Kingdom and Earl of Moray, and at a previous time had been her Majesty's Lieutenant-General for the North of Scotland; but "ye authorite" having been already "exceppit," it is evident that Huntly here stands for himself, and not for the Crown. When during the Queen's minority, he held the Lieutenancy of the Northern parts of Scotland, he had obtained a general bond from the nobility and barons of the North,* pledging them to obedience, and to maintenance of the law, and among the names attached to it are those of Lovat, Chisholm, and John Mackenzie of Kintail. Possibly this bond was regarded as one personal to Huntly, but unless his distinctive qualities and hereditary position had secured for him the attachment of the Highland Chiefs, one can hardly suppose that it would have been long regarded as of perpetual obligation.

The Mackenzies further exempt from their part of the agree ment the Earl of Sutherland and Grant of Freuchy. The cause for this last has been already mentioned, and Kintail was bound by a bond of manrent of 1545† to the Earl of Sutherland.

On his part, besides the Crown and Huntly, Lovat only excepts from the contract his mother's relative, the Laird of Balnagown.

The document, signed by the Mackenzies, is described as our part hereof," showing that there was a counterpart signed by Lovat and Chisholm to remain with the Mackenzies. Neither John nor Kenneth Mackenzie could write their own names, a rather unusual circumstance in persons of their degree at that period.

In a deed, cited by Mr Fraser-Mackintosh, of the 9th August

*

Spalding Club Miscellany, iv. 213.

Sir Robert Gordon's Earldom of Sutherland, p. 134.

1550,* we find the names of the witnesses Hugh Simsonne and William Dow, and we learn that Brigend was Easter Kinmylies, near Inverness.

Perhaps some members of the Society may know where the Brig stood. In a document of this sort there is some interest in filling up local details, and a local association is peculiarly fitted for doing it; but it is as illustrating the nature of social relations in Inverness-shire three centuries ago, that I have brought this interesting contract of friendship under the notice of the Gaelic Society of Inverness; and I hope it may be considered a not unsuitable contribution to the Society's Transactions.

On the same date (11th March 1885) Mr Colin Chisholm, Namur Cottage, Invernesss, gave a paper entitled "Unpublished Old Gaelic Songs, with Illustrative Traditions," which was as follows::

OLD GAELIC SONGS.

An

The first song on my list for this evening is one composed by Donald Gobha for the first Glengarry Fencible Regiment. Here I may briefly state that the idea of embodying those Highlanders into a Fencible Regiment originated with the late Right Rev. Bishop Macdonnell of Canada, when he was a young missionary. He procured a meeting at Fort-Augustus in February 1794. address was drawn up to the King, offering the service of a Catholic Corps, which Glengarry and Fletcher of Dunan handed to the King. A letter of service was received. The missionary was gazetted chaplain to the regiment. The corps volunteered for England, &c. The regiment was disbanded in 1802. In 1804 the Bishop obtained for them patent deeds for one hundred and sixty thousand acres of land in Canada.

ORAN DO REISEAMAID GHLINNEGARAIDH LE DONULL SIOSAL, i.e., DONULL GOBHA.

Na'n deonuich sibh m' eisdeachd,

Bho 'n a dh' fhailig mo gheur orm,

'S na facail a leughainn dhuibh an drasd.

Gu bheil sinn' ann an solas,

Ged tha mnathan fo bhron dhe,

'S tha mo bheachd gur e dochas a's fhearr.

* Invernessiana, p. 222,

Tha iadsan a' caoidh nam macan
Tha triall thun na feachda;

Cha 'n'eil sinne ga fachdain na'n càs

Ach faigh a nall dhuinn am botal,

Agus glaine no copan,

Gus an ol sinn an deoch s' air an slaint'.

Air slaint' an t-Siosalaich Ghlaisich,

Agus olamaid' as i;

'S na robh slaint' anns a' phearsa nach traigh.

'S am fear nach ol i gu dubailt,

Call a dheudach 'sa shuil air,

Gus nach leir dha mo dhurachdsa dha.

Ach buaidh is piseach air Uilleam-
Dia ga dhion bho gach cunnart,

'S air gach duine chaidh bhuileachadh dha.

An t-og aigiontach, rioghail,

A chuireadh sgairt fo na miltean;

'S leat am prasgan is finealt a dh'fhas.

An am a' chatha 's na comh-stri,

'S leat maithean Chloinn-Donuill,

Eadar Uidhist a's comhnard Phort-chlar.

Bha Gleannagaradh dhut dileas

An am cogadh no siochaint,

'S thig Mac-Dhughaill gle chinnteach ad phairt.

'S mar sud a's Clann-Choinnich,

Le'm brataichean soilleir,

'S thig Mac-Shimi na d' choinnimh o'n Aird.

Gur a lionmhor fuil uasal

Tha na d' bhallaibh a' bualadh,

Nach lamh mise an uair s' chur fos 'n aird.

'S beag an t-ioghnadh e thachairt,

Oighre Chomair nam macan,

Dha robh foghlum a's fasanan ard.

Bha thu tighearnail, feilidh,

Gun airce, gun eucoir,

Bha mar leomhan beum-cheannach, garg.

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