In this state of matters, the Earl of Caithness wrote to the Marquis
of Huntly, accusing Sir Robert Gordon and Mackay of a design to
bring him within the reach of the law of treason, and to injure
the honour of his house by slandering him with the burning of the
corn at Sanset. The other party told the marquis that they could
not refuse to assist Lord Forbes in finding out the persons who had
burned the corn at Sanset, but that they had never imagined that
the earl would have acted so base a part as to become an accomplice
in such a criminal act; and farther, that as Mackay’s men were
challenged with the deed, they certainly were entitled at least to
clear Mackay’s people from the charge by endeavouring to find out
the malefactors,--in all which they considered they had done the
earl no wrong. The Marquis of Huntly did not fail to write the Earl
of Caithness the answer he had received from Sir Robert Gordon and
Mackay, which grieved him exceedingly, as he was too well aware of
the consequences which would follow if the prosecution of the Guns
was persevered in.
At the time appointed for the trial of the Guns, Sir Robert Gordon,
Mackay, and Lord Forbes, with all his friends, went to Edinburgh, and
upon their arrival they entreated the council to prevent a remission
in favour of the Earl of Caithness from passing the signet until the
affair in hand was tried; a request with which the council complied.
The Earl of Caithness did not appear; but he sent his son, Lord
Berridale, to Edinburgh, along with John Gun and all those persons
who had been summoned by Lord Forbes, with the exception of Alexander
Gun and his two accomplices. He alleged as his reason for not sending
them that they were not his men, being Mackay’s own tenants, and
dwelling in Dilred, the property of Mackay, which was held by him
off the Earl of Sutherland, who, he alleged, was bound to present
the three persons alluded to. But the lords of the council would
not admit of this excuse, and again required Lord Berridale and his
father to present the three culprits before the court on the 10th
June following, because, although they had possessions in Dilred,
they had also lands from the Earl of Caithness on which they usually
resided. Besides, the deed was committed in Caithness, of which the
earl was sheriff, on which account also he was bound to apprehend
them. Lord Berridale, whose character was quite the reverse of that
of his father, apprehensive of the consequences of a trial, now
offered satisfaction in his father’s name to Lord Forbes if he would
stop the prosecution; but his lordship refused to do anything without
the previous advice and consent of Sir Robert Gordon and Mackay,
who, upon being consulted, caused articles of agreement to be drawn
up, which were presented to Lord Berridale by neutral persons for
his acceptance. He, however, considering the conditions sought to be
imposed upon his father too hard, rejected them.
Public-domain text, read in full here on John Shaqi.
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