Clan of the Cat     home
Finegand Cont.   |   Finegand 3   |   Finegand 4   |   Finegand 5   |   Finegand 6   |   Finegand 7   |   Finegand 8   |   Finegand 9
 Site Index
Finegand 9

(VIL) THOMAS, fifth son of John, who became third and last of Forter does not appear as actively concerned in the Farquharson feud, but he was a witness to the contract between his father and Brouchdearg on 6 June 1670 at Edinburgh, and was a cautioner for his father in the action of lawburrows by Brouchdearg's widow in June 1673. In each case he is described as " merchant in Montrose "a description which to some extent explains his non-participation in the feud and suggests the probability that he was associated with his father in his cattle business, perhaps as agent at the port of Montrose. With the same description he is found giving bonds for 1200 merks on 10 May 1675 and $300 merks on 4 Oct. 1675.

He succeeded his brother James at Forter some time between 24 March and 30 May 1676. On the latter date, at Alyth, as Thomas Mackintosh of Forter, he " corroborates " a bond for 2000 merks originally given by his father and eldest brother to John Rattray of Milnhall on 8 Feb. 1664 and corroborated by his recently deceased brother James, together with other bonds which had been acquired by Mr. James Ogilvy of Cluny. Beg. Deeds (Mack.) vol. 46. On 2 Jan. 1677 he was served heir of line to James Mackintosh of Forter, his "immediate elder brother" (Retours-ln-quis. Gen.), and at Barry, on 4 July following, he corroborates another bond, given by his brother Robert for 330 merks on 1 June 1665 to John Patillo in Morenti. Among the Airlie Writs is a disposition by Anna Pennycook, relict of Alex. Campbell merchant in Edinburgh, in favour of Lord Ogilvy, of an annual rent of $85 out of the Forter lands, Thomas Mackintosh of Forter consenting.

Thomas was the last of his family who is found in what may be called official. association with the rest of Clan Chattan, being included in a Royal Commission of Fire and Sword granted on 20 Sept. 1681 to Lachlan Mackintosh, 19th chief, against his refractory tenants the Macdonalds in Keppoch. The commission, however, was not carried into effect. Of the nineteen commissioners named all except three, the sheriff-depute of Inverness, Mackenzie of Findon, and Grant of Rothiemurcus, were heads of septs or otherwise prominent members of the Clan Chattan. Thomas Mackintosh had already been officially recognised as head of his branch of the clan, although the official record gives his name incorrectly, In a Proclamation of 10 Oct. 1618 requiring all landlords and chiefs of clans to attend at Edinburgh, and all subordinate heads of branches to attend at Inverlochy, for the purpose of giving bond for the good behaviour of their followers and servants, "John Mackintosh of Forthar" is named in the latter category. The Christian name is evidently an error on the part of the clerk of the Privy Council, but it is clear that the Mackintoshes of Forter were still regarded as a distinct sept, and also, perhaps, that their late and best known head was still remembered. A similar error occurs in a later proclamation of 17 March, 1681, requiring heads and branches of families to give bond and to appear yearly before the Privy Council. P.C. Beg. 3rd S. vi. 44; vii. 191.

The numerous bonds granted by John Mackintosh and his sons from soon after the Restoration, some of which had to be "corroborated " or renewed by Thomas on his succession seem to indicate that the financial condition of the family was not strong even before the litigation in 1670-4 ; and that it must have become worse afterwards goes without saying. Various causes may be guessed at as contributing to this decline of the family fortunes. In the first place, it was to be expected that the political feeling which John's adhesion to the Commonwealth must have evoked among his Royalist neighbours would gain fresh force when their side came uppermost, and that his business operations would suffer in consequence; something of this, indeed, seems to be suggested by the words on the stone already mentioned ,is having been built into his house at Crandart in 1660. It may be, also, that the acquisition of Forter had proved too severe a strain on his available resources at the time, or that some great and unlooked for calamity had befallen his herds of cattle. But perhaps not the least likely or potent cause was the passing by the English Parliament, in the Restoration year, of the "Navigation Act," under which the barriers to free commerce which had been swept away by Cromwell were strictly reimposed, and the few years' gleam of prosperity for Scotland came to a sudden end.

When to the losses and difficulties arising from such causes, or whatever causes may have been came to be added those due to the costly litigation with the Farquharsons in 1670-4, it is easy to see that in succeeding to Forter Thomas Mackintosh must have succeeded to considerable embarrassment and liability. It is therefore not surprising that after only a few years as head of his family and laird of Forter he found it advisable. or necessary to resign the feu of the Glenisla lands. Accordingly, on 6 May 1681, at Edinburgh, with the advice and consent of his brothers Alexander and Angus, he executed a formal disposition of the property (as disponed to his father in 1659) in favour of David, Lord Ogilvy, at the same time giving a formal undertaking to obtain the signatures of his brothers to the disposition, which consequently bears the additional date of 3 April 1682. The bond of undertaking is in Mackenzie's Register of Deeds, vol. 73. The disposition is preserved unions the Airlie Writs, Which comprise several other deeds relative to it and executed at the same time, one being, Lord Airlie's long-delayed ratification as superior of the charter of 20 Oct. 1659 by Ogilvy and Arrott to John Mackintosh, and another a disposition of the lands to Lord Ogiivy by his father the Earl, who it appears had "apprised " the lands for payment of a sum of $3382. 2s 4d Scots and $169. 2s Scots of sheriff's fee for which he had Obtained decreet against John Mackintosh some years before, perhaps as a sequel to the Parliamentary proceedings in 1661.

Among these relative writs are also a contract of wadset between Lord Qgilvy and Thomas Mackintosh of the " Burnside " section of the lands, executed on the same date as that of the deeds already specified, and Thomas' renunciation of the wadset some years later. This wadset accounts for the description " of Crandart " which is occasionally found applied to Thomas for some years after 1681. The redemption money named in tile contract, 9000 merks, equal. to $5OO sterling, a large sum at the time, shows that he was far from being baukrupt; and it may perhaps be surmised that the reason for granting the wadset was that the Ogilvies themselves had not recovered from their heavy losses and sacrifices for the monarchy some years before, and were unable to make up the full sum necessary for purchasing the feu.

Thomas held the wadset only until 1694, and apparently did not occupy or use the lands himself in the interval, but sub wadsetted them, as with his deed of Renunciation, executed at Alyth 18 may 1694, is a discharge of their heritable rights by Robert Mackenzie in Crandart and Donald Mackintosh alias Bowe of Balloch. In all probability Thomas had all along retained his business in Montrose; in a bond given by him for 300 merks, dated at Montrose 26 Dec. 1691, to which, by the way, Andrew Spalding, son of Ashintillie, is a witness, he is described as " merchant in Montrose," as he had been in 1670 and 1673. Reg. Deeds (Mack.) vol. 71.

The last record which I have of him is in a decreet of the Court of Session, dated 5 Dec. 1695, adjudging the lands of Kirkhillocks and others from him and his nephew Alexander, at the instance of James Rattray of Ranagullion. In this he is styled " of Crandart," although as has been seen he had renounced his wadset in the previous year. No trace is found of his having wife or family, and with him died out not only the close and ,active connection which had subsisted for so long between his family and the main body of the Clan Mackintosh, but, apparently, even the use by the family of the name Mackintosh itself.

On to : MacKintosh of Cams