[From Caithness Events]
I. The account of this family begins with DAVID SINCLAIR OF BROYNACH, only brother of John Sinclair, first of the Murkle branch to become Earl of Caithness, and 46th in successional sequence.
By his first marriage with a daughter of William Sinclair of Dun, Broynach had a son James who died without issue about 1754, and a daughter Elizabeth whose grandchildren (see article on Sinclairs of Murkle) on the death of Broynach's grandniece Dorothea, Lady Fife, claimed and obtained a share of her executry.
Broynach's first wife died in 1697 when he secured the services as housekeeper of Janet, daughter of Donald Ewing, laird of Bernice, in Argyll, from whom the wealthy baronetical family of Ardencaple Castle derive their descent. An intimacy arose between Broynach and his housekeeper resulting in the birth of a son in 1699, and the kirk-session of Olrig at once engaged about the necessary discipline, which both Broynach and she refused to undergo. They were therefore summoned to appear before the presbytery at Thurso on the 11th November 1699. For the next few years both were frequently cited by the ecclesiastics (in some of which citations she is styled "his wife") and Broynach found himself and his wife-elect in a most unenviable position. Sincerely attached to Miss Ewing and desirous of marrying her, he had to contend with a county conspiracy to frustrate him in attaining his object.
One or two illustrations will suffice to show his love and determination to do her honour. Not being in wedlock at the time of their first-born, she was sentenced by so-called Christian ministers to be drummed through the streets of Thurso bearing a paper crown, inscribed with the assigned reason; and an official was appointed to finish her punishment by so many lashes, on her uncovered shoulders. A mob led by two ministers began carrying out the sentence, but when the point was reached where the scourging had to take place, Broynach could no longer repress himself, and with primed pistol and drawn sword attacked the procession, the "men of God" being first to flee. Wrapping a plaid around her uncovered back he conveyed her to their home. He had previously "treated" the official, in the hope of her having only to undergo a nominal infliction of the lash.
Entreating the Rev. William Innes of Thurso and others to marry them, but without success, this ill-plighted pair started for Orkney to try to get the ceremony performed there, but they had only arrived at Scarfskerry to cross the Pentland Firth, when they were seized and brought back by a detachment Earl John had sent for that purpose. Eventually Broynach ran the extreme risk of getting married by an "outed" episcopal clergyman. The witnesses and married pair were liable to fine and imprisonment, while the disestablished performer subjected himself to banishment to the American plantations, and death if be returned. The marriage was performed by the Rev. Arthur Anderson, who had been episcopal minister at Kilmany in Fife, in Cairnsburn House, near Barrogill, early in June 1700, as he humanely said "I to put them out of the necessity of sinning".
There are numerous references on record with regard to this event which involves the Caithness succession. The marriage does not appear to be in dispute but on account of being performed by an unauthorised person has been treated as invalid, an attitude which the present author [Roland St.Clair, author "St.Clairs of the Isles"] is unable to understand in the face of the Scottish law which recognises a public declaration on the part of the man to be sufficient, and surely apart from the many minor notices in support of the true relationship of Broynach and Miss Ewing, no clearer or more public declaration could be wanted than evidence of a marriage ceremony whether by an unauthorised celebrant or otherwise. John Sinclair, 6th of Forss, was married in the April preceding by the same clergyman to Elizabeth (or Barbara) daughter of John Sinclair of Rattar, but without in any way affecting,the succession of his son of that marriage, John, 8th of Forss.
Broynach died in 1714, when his second wife and family were provided for, in a way, by her stepson James into his house, on a small freehold sowing not more than 2 ½ bolls, which had been given him by one of the Murkle earls. Mrs Janet Sinclair lived till between 1730 and 1738 and had burial under the seat of the Hon. Francis Sinclair in the aisle of James Sinclair of Durran. There was issue of this second marriage:
II DAVID SINCLAIR, second son of Broynach by his second marriage, was baptised in Claredon Hall about 1705. Many incidents are preserved in connection with his life. The Rev. William Innes, on application of the water when christening him, at the age of four, was met with the startling reproof, "May the devil take you for wetting me". In early life he went to sea, but soon returned to Murkle. He next took to kelp-burning in Strathnaver, where he met with serious illness, receiving monetary help from Mackay of Clashinach; afterwards he worked as a day labourer with Charles Oliphant, a servant of Ulbster; and he was also man-servant to the Rev. James Gilchrist, who was minister of Thurso from 1738 to 1751.
He enlisted with John Milne in Thurso "for behoof of a recruiting officer in the Dutch service". When he returned from the Netherlands, he and his wife and their eldest son James went to what was then called the Moray side, being the southern shore of the firth of that name. There they stayed for three years, returning to Thurso, he being in a very bad state of health. He married, contract dated 21st October 1744, Margaret More, i.e., Mackay, and died about 1760, his funeral expenses being paid by the Hon. Francis Sinclair of Westfield, who had from time to time assisted him, and by others of the Caithness House. His remains lie in Thurso churchyard.
David Sinclair, son of Broynach, had issue:
III JAMES SINCLAIR IN REISS, son of the foregoing, married Catharine Rosie, contract at Reiss 17th December 1763. She was born at Brims in 1747, and her father having found treasure in a field at Oust, backed the young pair in fighting their rights before the court of session and parliament.
At the meeting of the peers of Scotland at Holyrood House to elect a representative peer for the House of Lords, he answered to the title of Earl of Caithness on the calling of the roll, and claimed his place and vote at the election, but was objected to till he proved his right. At an election of two representative peers 1st October 1767, Lord Borthwick produced his proxy signed "James, Earl of Caithness", but it was not permitted. At another election in Holyrood House on 21st December 1768, he personally answered to the title, and on the Lord Clerk Register objecting officially, gave in a protest signed "Caithness".
He attended courts, commissions for evidence, the court of session, and at last the House of Lords, till his defeat in 1772 by William Sinclair of Rattar on the one and cardinal point of not being able to prove Broynach's marriage to Miss Ewing. He sailed for Calcutta on the "Anson" in February 1772, a cadet of the East India Company; distinguished himself in affairs under Warren Hastings, and returned in June 1786,.with the title of Captain and a handsome fortune.
He then discovered in Caithness the ecclesiastical proofs of his grandparents' marriage, and immediately entered upon a process of reduction against the second Rattar Earl. Captain Sinclair's printed case is dated 25th July 1787, and the reply of the Earl in possession 28th same. On the eve of winning the contest, which should never have been entered upon, he died on 11th January 1788, in Whitcombe Street, Pall Mall, London, at the age of 41. His wills in Somerset House, dated 1785 and 1787, make reference to his maternal aunt Janet More, and the grandchildren of his paternal aunt Mrs Whyte.
IV DONALD SINCLAIR, the third son of Janet Ewing and Broynach, is stated to be identical with Donald Sinclair, captain of a vessel trading from Sarclet near Wick to Avoch in the Black Isle, Ross-shire, on both sides of the Moray Firth, and with other places, Banff in particular. On 25th October 1736, this Donald Sinclair contracted with Catherine, daughter of John Sinclair in Thrumster, the marriage taking place on the 30th November following.
They had issue:
It is stated that the eldest son of Donald Sinclair (IV, article Sarclet) was William Sinclair, whom Alexander II, 47th Earl of Caithness, made tacksman [leaseholder] of Isauld barony with its many subtenants.
In 1760, while purchasing corn in Reay market, an affray arose in which he killed a Mackay in open fight, after which event he retired with his wife and two children to Muirends, near Avoch, in Ross-shire. His son James in Muirends was succeeded by his eldest son John in Muirends, whose son the Rev. John Sinclair, B.D., author, etc., is a minister in the Established Church at Kinloch-Rannoch, Perth. He is married to a sister of Hugh Ballingall, Lord Provost [Chief Magistrate of a burgh] of Dundee, and by her has two sons, aged 11 and 8.
A Gaelic stanza having reference to him was composed by William Bain Nimmo more than 75 years ago.
The translation runs thus:
" James Sinclair in Moredun,
This has been contributed by his grandson, the Rev. John Sinclair of Kinloch-Rannoch Manse, Perth. His grandfather, James in Moredun Farm, was a farmer and distiller, and son of William Sinclair in the neighbourhood of Avoch, apparently a son of Captain Donald Sinclair, who died in Sarclet in 1768.
V JAMES SINCLAIR, eldest son of the preceding, traded in salt, following similar routes to his father, and is identifiable with James Sinclair, chamberlain at Thrumster House. He contracted marriage on 27th April 1764, with Anne Robertson, by whom he had -
VI ALEXANDER SINCLAIR, eldest son of the preceding, and his eldest son James, were farmers of Torranrevach in Clyth.
By Latheron parish register he was married on 2nd January 1789, to Elizabeth Sutherland. He had with other issue -
VII JAMES SINCLAIR, born in 1790, drowned at the shore of Clyth in August 1845.
He is registered as married on 7th December 1832, to Catherine Sutherland.
Their eldest son
VIII JAMES SUTHERLAND LAING SINCLAIR, was born 27th May 1838; and died 3rd March 1893.
He married in 1863, Margaret Grant, a niece of Lieut. Hugh Grant, 79th regiment.
His eldest son is
IX JAMES SINCLAIR, born 14th October 1866.
The worthy grandson of Donald of the Sea,
And the great grandson of the laird of Broynach,
Who was before now in Caithness."
His wife died in 1770, and he married secondly Elizabeth Sinclair in Clyth, 9th February 1771, by whom he had -
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