After the battle of Killiecrankie and the death of Claverhouse, James, writing on 30 November 1689 from Dublin Castle to Colonel Cannon, promised to send to him Seaforth to 'head his friends and followers'.
Thereupon he agreed to deliver himself up to be confined in Inverness, only stipulating that he should be seized at his seat with a show of force to hide his voluntary submission from the clan.
On a party being sent to capture him he, however, changed his mind and disappointed them, pleading that his delicate health would suffer from imprisonment.
Thereupon, Mackay resolved to treat his vassals 'with the rigour of military execution;' but, desirous for their sake to avoid extremities, he caused information of his intentions to be sent to Seaforth, who thereupon surrendered himself and was confined in the castle of Inverness.
His relative George Mackenzie, viscount Tarbat, first earl of Cromarty, made strong representations to Lord Melville against the impolicy of his imprisonment, but he was retained a prisoner until 7 January 1692, when he was allowed his liberty within ten miles of Edinburgh.