4 i8 HISTORY OF THE OUTER HEBRIDES. 



claimed the superiorities of six of Earl William's vassals, 

 viz., John Earl of Mar, Sir John Mackenzie of Coul, John 

 Mackenzie of Avoch, Alexander Mackenzie of Applecross, 

 Alexander Mackenzie of Davochmaluag, and Roderick 

 Mackenzie of Fairburn, who had all been attainted of high 

 treason. The Court of Session, on i8th August, 1719, gave 

 a decree in Assynt's favour on all points. The Commis- 

 sioners appealed to the House of Lords against the decision, 

 and the whole question was re-opened. It was stated for 

 the respondent, that the apprizings on the Seaforth estates, 

 not having been redeemed within ten years, when the equity 

 of. redemption expired, the property became absolutely 

 vested in the creditors ; that the nine apprizings carrying 

 priority were vested in the Countess of Isobel's person as 

 trustee for the heir (i.e., Assynt) ; that the trust for the 

 family was not declared until after he had presented his 

 claim ; that as soon as Earl William reached the age of 

 fifteen, and remained a Catholic, his rights passed from 

 him to the nearest Protestant heir (Assynt) ; that the two 

 living children of Earl William were debarred by the Act 

 of 1700 from the succession ; and that he (Assynt) was, on 

 23rd November, 1716, served heir to the Countess Isobel 

 (who died in 1715). The House of Lords reversed the 

 decision of the Court of Session in respect of the Seaforth 

 estates, and, subsequently, in respect of the six superiorities 

 claimed by Assynt.* 



In spite of their ingenuity, the Mackenzies thus failed to 

 wrest the estates from the hands of the Commissioners. 

 Whether or not the decision of the Court of Session was 

 sound in law and that is a question entirely for lawyers- 

 it is at least fairly evident that, in spite of their ingenuous 

 pleadings, neither Gruinard nor Assynt intended to derive 

 personal advantage from their claims. It is difficult to 

 resist the conclusion that both claims were the fruit of a 

 conspiracy among the Mackenzies, to keep the property 

 intact for Earl William ; and if either claim had been 



* Appeals to the House of Lords (1719). Seaforth MSS. in Brit. Mus. 



