treaty

Highland Chieftain in 17th century dress

(National Galleries of Scotland)

The Macleod account goes on to say that

"Assint was not liable in the Law to any such usage from them haveing Receipts from Seaforth and Lord Reay for his proportion of the Levie appointed at that time for the King's service... when Assint pursued Seaforth before the English judges at the time Seaforth defeated his process by proveing that Assint had been in Armes against the English and did then alleadge no Cause for the injuries done by him to Assint but a private quarrell." In other words, Assynt claimed Seaforth had no right to attack him as he had supplied men to the royalist army - whereas Seaforth's reason for the attack seems to be a claim that he had not. However Assynt asserts that Seaforth later managed to avoid paying compensation to Assynt by telling the English judges that Assynt HAD been in arms against the English, and that the raid had been 'but a private quarrell'.

This is supported by the English records of the time, which report that Assynt's case against Seaforth, mentioned in the Treaty, was not upheld because Seaforth proved Assynt had been in arms against the English (see Dow, 'Cromwellian Scotland' page ). In a further twist, Seaforth also claimed later, this time to the Scottish authorities, that Assynt had actually raised men to oppose Seaforth and devastated HIS lands driving off a large quantity of booty.

Seaforth's campaign against Assynt, which eventually saw the MacKenzies gain control of Assynt's lands, seems to have begun eight years before the 1654 raid, in 1646.

Again according to Macleod's 'Information... written Anno 1738',

"In that year [1646] Seaforth's men haveing joined Montrose at Inverness, where were likewise a 100 men of Assint's under his superior Seaforth's command, and Niel of Assint himself then a minor, being a friend in Seaforth's house at Braen [Brahan], Seaforth ordered his men in the Highlands to fall upon Assint's Estate, where yey made fearful Havock, carried away as Niel represents, 3000 cows, 2000 horses, 7000 sheep and goats and burnt the habitations of 180 familys."

After the restoration of the monarchy in 1660, proceedings were begun against Neil MacLeod of Assynt by the new government, partly because he had handed over the Marquis of Montrose to the English. In 1672 Seaforth procured a commission of 'fire and sword' against Assynt - ie official permission to use force to arrest him on behalf of the authorities. "At the head of 800 men Seaforth marched into  Assynt, provided with canon and other necessaries of war."  They besieged Assynt's castle of Ardvreck, and although Assynt managed to escape to Caithness, he was arrested there by Sir William Sinclair of May and sent south for trial. He was in fact eventually found not guilty in 1674, (but he never managed to regain control of his lands).

The Treaty also says 'That the Earle of Seafort and his tennants of his lands in Kintaile (soe much as is burnt), the lands of Lough Broome, Stragariff, Strabran, and straughannon, which are all burnt or destroyed, shall be remitted there whole by-past sesse till Harvest next, and for soe much of his Lordshippes lands as have not bin burnt including Aplecrosse and Corrinwinley, the sesse [tax or levy] shall bee remitted till the first of this instant January...'

Scotland and the Protectorate: letters and papers relating to the military government of Scotland (1654-59)

Firth, C H (ed)

Published by: Scottish History Society, 1899

Volume: 31