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WILLIAM FRAS E. R.
W 01, I.



















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Priefed for Sir //7//iam /)rummond Steuarſ,
Aaroneţ of Grand'Étt//y.
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Presented to

- - & Żace * = * - - - - - * ~ * * - - - - - - - - - - - - - - - - - - - . . . . . . . . . . .” - - - - - - - - - - - - * * - - - - -
iii
CONTENTS OF WOLUME FIRST.
INTRODUCTION,
Origin of the Family of Stewart,
Barony of Grandtully,
Castle of Grandtully, º •
Church of St. Mary of Grandtully
Barony of Murthly—the three districts
of Murthly—Hill and Forest of Bir-
nam—The Range—Duncan's bed—
Dunsinane Hill—Court Hill—Muir
of Thorn—Houghmanstares,
Old Castle of Murthly,
New Castle of Murthly, . •
Chapel of St. Anthony of Murthly,
Grounds of Murthly, - e
Barony of Strathbran and Castle of
Trochrie, - e º
Barony of Kercow,
Abthanery of Dull,
Family of Steuart of Grandtully,
The early Lairds of Grandtully—Sir
John Steuart of Innermeath, first
Laird—Alexander Steuart, second
Laird—Thomas Steuart, third Laird
—Alexander Steuart, fourth Laird
—William Steuart, ninth Laird—
1400-1600,
MEMOIRS OF THE FOLLOWING, VIZ.,-
Sir Thomas Steuart—1574-1610,
Sir William Steuart—1610-1646,
PAGE PA G F.
V Sir John Steuart, third Baronet of
V Grandtully—1759-1764, - clxxv
Lady Jane Douglas Steuart, his spouse, clxxvii
xiii Archibald Steuart Douglas, their son, ccv
xvii Sir James Mackenzie, Lord Royston, ccxvii
xxi Anne Duchess of Buccleuch and Mon-
mouth, . * - - º ccxxi
Pedigrees of the Steuarts, etc., . ccxxvii
The Drummonds of Logiealmond, ccxxvii
Queen Margaret Logie, e . c.cxxxvii
xxiv. Summary of Contents, • . ccxxxix
xlii
xly CHARTERS OF THE GRANDTULLY FAMILY, I
xlv.
xlvi APPENDIX of ADDITIONAL CHARTERs, . 125*
I. Charters of the Family of Logy of
. xlvii Logy, now Logiealmond, . . 125*
liii II. Additional Charters of the Grand-
lv tully Family, . © e . 184*
III. Miscellaneous Charters in favour
lxx of the Family of Steuart, etc., . 191*
ABSTRACT OF CHARTERS OF THE GRAND-
TULLY FAMILY, . - e - 199%
ABSTRACT OF ADDITIONAL CHARTERS IN
APPENDIX, º -> º - . 21.9%
lxx
PEDIGREES OF-
I. The Family of Steuart of Grandtully, 236*
lxxvi II. The Family of Archibald Lord Douglas,240*
lxxix III. The Family of Steuart of Innernytie, 241*
Sir Thomas Steuart—1646-1688, lxxxvii IV. The Family of Steuart of Fungorth
John Steuart of Grandtully—1688-
1720, . - - º -
Sir Thomas Steuart, Lord Balcaskie,
—1640-1700,
and Balleed, tº & e . 24.2%
cxxviii V. The Family of Steuart of Fondoynet, 243*
VI. The Family of Drummond of Logie-
clxiii almond, . º - - . 244*
iv.
ILLUSTRATIONS IN WOLUME FIRST.
TITLE-PAGE, containing the Badges and
Armorial Bearings of the Families of
Steuart of Grandtully, Drummond of
Logiealmond, and Mackenzie of Cro-
martie.
Portrait of Mary Queen of Scots, facing .
Engraved by R. C. Bell from the origi-
nal Portrait at Murthly. It was
obtained by the late Sir William
Drummond of Logiealmond from the
Scots College at Paris.
Grandtully Castle, facing &
Armorial Bearings of Sir William Steuart
in the Ceiling of the Church of St.
Mary of Grandtully, 1636, facing
The last Oak of the old Forest of Birnam,
facing * † (e º *
The Old Castle of Murthly, facing .
PORTRAITS-
Sir William Steuart of Grandtully,
1613, facing ë *
Sir Thomas Steuart of Grandtully.
Born 1608. Died 1688, facing
John Steuart of Grandtully. Born
1648. Died 1720, facing
PAGE
. xviii
xxii
xli
xlii
lxxxvi
cxxiv.
. clxii
PA (; E
PORTRAITS continued—
Sir John Steuart of Grandtully, Baronet.
Married Lady Jane Douglas, 1746.
Died A.D. 1764, aged 76, facing
Lady Steuart of Grandtully, Heiress of
Logiealmond, and mother of Sir Wil-
liam Drummond Steuart, by Martin,
clxxv
facing . ſº * wº ccxxvii
John Lord Drummond, called fourth
Duke of Perth. Died at Antwerp,
A.D. 1747, facing sº ccxxxii
A Scene in the Rocky Mountains of
America, representing a meeting
between Sir William Drummond
Steuart and the Cro Indians, by
Miller, facing ë * e
Facsimile of Charter by Archibald Earl
of Douglas to Alexander Steuart, of the
lands of Garnetully, 30th March 1414,
between * g e {º º
Facsimile of Indenture by Andrew Mer-
cer, Lord of Mekylhour, on the agree-
ment between Robert Earl of Fyfe and
Menteith and John of Logy as to the
lands of Logy and Stragartnay, 15th
May 1385, between . 138%. 139*
coxlii
4-5

INTRODUCTION.
ORIGIN OF THE FAMILY OF STEwART.
THE family of Steuart of Grandtully is an early branch of the
house of Stewart, which for several generations held the hereditary
office of Steward of Scotland, and which afterwards attained the royal
dignity. The origin of that house, in which the Steuarts of Grand-
tully, like many other distinguished families, claim a common ancestry,
may therefore appropriately be noticed in this Collection of Steuart
Muniments.
The family is of high antiquity. But, as has happened in regard
to other ancient families, much that is fabulous has gathered around
its origin. Our older historians represent it as having sprung from
Bancho, Thane of Lochaber, the son of Ferquhard, Thane of Lochaber,
who again was a younger son of Kenneth the Third, King of the
Scots. We are told that this Bancho was a person of great con-
sideration in the reign of Duncan the First, King of the Scots, who
succeeded to the throne in the year 1034; that he was one of the
principal advisers of that monarch in all affairs of importance; that
he was murdered by Macbeth, who usurped the crown of Scotland in
1040 ; that his son Fleance, whose life also was sought by Macbeth,
fled to Wales, where, having married, he had a son Walter, who after
the death of Macbeth came to Scotland, in the reign of King Malcolm
Oſ,
vi INTRODUCTION.
the Third, by whom, for his valorous conduct, he was created Steward
of the royal household; that this Walter had a son Alan, who again
had a son Walter, the High Steward."
generations, which has been related with a circumstantiality not neces-
The tradition of these four
sary here to repeat, was long received as genuine historical truth, but
it has now been proved that it is wholly fictitious.”
Walter, the son of Alan or Fitz-Alan, the founder of the royal
family of the Stewarts, being the first of that family who established
himself in Scotland, came from Shropshire, in England. He had an
* History of the Royal Family of the
Stewarts in Crawfurd’s History of the Shire
of Renfrew, edit. Paisley, 1782, p. 1; Robert-
son’s edit. of that work, Paisley, 1818, p. 433.
* Chalmers, the author of the Caledonia,
was the first who contributed authentic infor-
mation on the origin of the Royal Family of
the Stewarts. Pinkerton, in his History of
Scotland, had previously indicated that the
origin of the Stewarts pointed to the English
family of Fitz-Alan,—[History, vol. i. p. 4.]
But he was probably unable to trace the con-
nexion, otherwise he would have stated it.
Lord Hailes succeeded in proving that the
traditions which had been long current regard-
ing the remote ancestry of the Stewart family
were not entitled to the smallest credit ; but
he could not fill up with well-established
genealogical facts the blank caused by the
rejection of the tales of fiction. He knew that
Walter, who flourished in the reign of King
David the First, and of his successor, Mal-
colm the Fourth, was the Steward of Scotland;
but from what family this Walter was de-
scended he could not trace. “In the reign of
David the First,” he says, “before the middle
of the twelfth century, the family of the
Stewarts was opulent and powerful ; it may
therefore have subsisted for many ages pre-
vious to that time, but when and what was
its commencement, we cannot determine.”
—[Annals, vol. i. App. No. VIII.] Andrew
Steuart, in his Genealogical History of the
Stewarts (p. 2), agrees with the opinions ex-
pressed by Lord Hailes, but he fails to
shed a single new ray of light on the true
origin of that family. Walter designates him-
self, and is designated by others, “the son of
Alan ;” but who was this Alan 2 was a ques-
tion which baffled the researches of anti-
quarians, till Chalmers was enabled to answer
it, proving that the family was originally of
Norman descent, and that it settled in Eng-
land, whereit acquired considerable possessions.
—[Chalmers's Caledonia, vol. i. pp. 572-77.]
Riddell, in his Stewartiana [pp. 55-70], has
corroborated, from other authentic documents,
the evidence adduced by Chalmers; and the
facts relating to the origin of the family of
Stewart are now placed beyond all dispute.
WALTER, THE FIRST HIGH STEWARD. vii
elder brother, William, who added largely to his possessions by his
marriage with Isabel de Say, the heiress of Clune, also in Shropshire,
and who was the progenitor of the family of Fitz-Alan, the Earls of
Arundel. Alan, the father of these brothers, was the son of Flaald,
a Norman ; and he married, soon after the Norman conquest, the
daughter of Warine, Sheriff of Shropshire, of which marriage William
was the eldest son. He acquired the manor of Oswestrie, in Shrop-
shire, on the Welsh border ; and that he was a person of some import-
ance at the Court of King Henry the First, appears from his having
been frequently a witness, with other persons of distinction in that
Court, to royal charters. /
On the death of King Henry the First of England in 1135,
Walter strenuously supported the claims of the Empress Maud,
daughter of the deceased monarch, and niece of David the First,
King of the Scots, against Stephen, Earl of Mortaigne and Boulogne,
who was nephew to the late King, and who claimed the crown in
right of his mother Adela, a daughter of William the Conqueror.
Walter's brother, William, co-operating with the Earl of Gloucester,
an illegitimate son of Henry the First, and a powerful assertor of the
claims of his sister, also zealously supported the Empress. Both the
brothers, having thus actively engaged in the cause of his niece, rose
high in favour with David-the First, King of the Scots. When that
King in 1141, after having taken part in the siege of Winchester,
in the interest of his niece, was obliged to retire to Scotland, Walter
probably then accompanied him, encouraged, on the part of the Scot-
viii
INTRODUCTION.
tish monarch, by the most liberal promises, which were most faith-
fully fulfilled, whilst his brother, as the representative of his family,
remained in England, steadfastly adhering to the Empress Maud, for
which he was rewarded by her son, Henry the Second, King of
England.
Before coming to Scotland, Walter held lands in appanage, being
the provision made for him as a younger son, at Oswestrie, of the
Fitz-Alan fief or barony, adjoining the lands of the Priory of Wen-
lock, and probably under its spiritual jurisdiction."
From the munificence of King David the First, Walter obtained
large grants of land in Renfrewshire, and in other places, together
with the hereditary office of Senescallus Scocia, Lord High Steward
of Scotland, an office from which his grandson, Walter, took the sur-
name of Stewart, which the family ever afterwards retained. King
Malcolm the Fourth, continuing, after the example of his grandfather,
King David, to extend the royal favour towards this English emigrant,
confirmed and ratified to Walter and his heirs the hereditary office of
1 In the Liber Niger Scaccarii, published by
Hearne in 1771—a register next in age to the
Domesday Book—containing a list of the
noble English fiefs from 1100 to 1154, under
the head of Shropshire, is given the great fief
of “William, son of Alan of Salopescire,” and
in the list of the respective vassals mention is
made of “Walter, son of Alan,” as holding
“ a feu of two knights.” In an inquisition
made in 1185 into all previous grants in
favour of the Knights Templars, their posses-
sions and revenues, etc., by Galfrid Fitz-
stephen, when he took upon him the bailiery
of England, it is said that “William, son of
Alan,” made a grant to the Knights Templars
of the whole town of Carditon and Huche-
merse, and half the town of Chattewelle; and
that Walter, son of Alan, made a grant to the
same redoubtable order of knights of a part
of Coveton.—[Dugdale's Monasticon, edit.
1830, vol. vii. pp. 821-831.] Both Carditon and
Coveton formed part of the patrimony of
Oswestrie, the last mentioned being within
less than a mile from the site of Oswestrie.
THE FO U.V.D.ſ T.I.O.W OF PA ISI, E. Y. ix
High Steward of Scotland, and the numerous lands which King David
the First had granted.
In the annals of that period, Walter is celebrated as the founder
of the monastery of Paisley, in the barony of Renfrew. The exact
time of the foundation of that monastery cannot now be ascertained,
as the original charter bears the date neither of the month nor of the
year; but as it is dated at Fodrigeiam (Fotheringhay, in Northamp-
tonshire), a castle which belonged to Malcolm the Fourth, King of
Scotland, and as it is witnessed by the Chancellor of Scotland and the
Chaplain of that monarch, it has with much probability been conjectured
that it was made in 1163, when that King, attended by his Chancellor,
Lord High Steward, and Chaplain, did homage to King Henry the
Second of England at Wodstoke, which is not far distant from Mal-
colm's own castle of Fotheringhay. The monastery of Paisley was of
the order of the brotherhood of Wenlock, that is, of the Cluniac order,
which derived its name from the Abbey of Cluny, in Burgundy; and
Walter brought to it a colony of thirteen monks from the Priory of Wen-
lock, in Shropshire, which itself had been peopled from the Priory of the
Cluniac order of La Charité, on the banks of the Loire. It was founded
“for the soul of King David, King Henry, and Earl Henry,” that is,
David the First, King of the Scots, Henry the First, King of England,
and Henry Prince of Scotland, Earl of Northumberland and Hunting-
don.' It is remarkable, too, that it is dedicated to Saint Milburga,
the daughter of King Merwald, and niece of Wolpher, King of Mercia
1 Registrum Monasterii de Passelet, pp. 1, 2.
X INTRODUCTION.
—the patron Saint of Wenlock." Thus we are enabled, from a know-
ledge of the history of Walter before coming to Scotland, which was
unknown till a comparatively recent period, to explain various circum-
stances relating to his charter founding the monastery of Paisley,
which would otherwise have been obscure or inexplicable.
At or after the time of his establishing himself in Scotland,
Walter was followed to that kingdom by many English families from
Shropshire. These families were no doubt encouraged by King
David the First, who, during his residence at the Court of his
brother-in-law, Henry the First, King of England, having been im-
pressed with the Superiority of that kingdom to his own in point of
civilization, was anxious, with the view of elevating his subjects,
that English families should transplant themselves to Scotland ; and
settling in Renfrewshire, they obtained lands as vassals of the
Stewarts.”
Walter married Eschina de Londonia, Lady of Moll, in Rox-
burghshire, by whom he had a son, Alan ; and dying in 1177, he was
succeeded in his estates and office as hereditary Steward of Scotland
by that son.
Having thus detailed the true origin of the family of the
Stewarts, our subject does not require us to trace the subsequent
history of the main line. Let it suffice to observe, that the seventh
descendant in lineal succession from Walter was Robert the Stewart,
* Registrum Monasterii de Passelet, p. 249; * Chalmers's Caledonia, vol. i. p. 576 :
Dugdale's Monasticon, vol. v. pp. 72, 73. Registrum Monasterii de Passelet, passim.
THE A.VCE,STOR OF THE GRA VD7'ULLY LIME. xi
who married Marjory, daughter of King Robert the Bruce, and who,
on the death of her brother, King David the Second, obtained in
February 1370-71 the crown of Scotland, assuming the title of Robert
the Second.
In tracing the Steuarts of Grandtully to the parent stock, it is
found that they come from Alexander Lord High Steward of Scot-
land, the fourth generation from Walter, whose history has been now
briefly related. Alexander's second son, Sir John Steuart of Bonkill,
may be regarded as their immediate ancestor. His great-grandson,
Sir John Steuart, Lord of Innermeath and Lorn, appears to have been
the first of the family who possessed Grandtully as a separate estate.
By his marriage with the daughter and heiress of John de Ergadia,
Lord of Lorn, Sir John Steuart of Innermeath and Lorn had several
sons. Robert, the eldest son, carried on the line of the Lords Inner-
meath and Lorn. Sir James, the second son, commonly called the
Black Knight of Lorn, was ancestor of the Earls of Athole, Buchan,
and Traquair.
The fourth and youngest son was Alexander, ancestor of the
family of Grandtully.
The lands and barony of Grandtully have been the inheritance
of this family from the end of the fourteenth century to the present
time.
During these four centuries and a half there have been fourteen
generations of the family. The history of these generations would
xii JATRODUCTIOA.
form a subject of considerable interest. It is not, however, the pur-
pose of the present work to offer memoirs of the successive barons of
- Grandtully, but simply to give a selection of charters and corre-
spondence from the Muniments of the family.
In the course of their long-continued descent, the Steuarts of
Grandtully have intermarried with many important families, some of
whom they now represent in the female lines; and by this means the
Muniments of other families have been brought into the Grandtully
charter-chest. Among these families is the knightly race of Drum-
mond of Logiealmond, sprung from the accomplished second Earl
of Perth, in the person of his second son, Sir John Drummond, the
first of Logiealmond." This accounts for the many letters of the
Earls and Dukes of Perth which form part of the correspondence
included in the second volume of this work.
Another family with whom that of Grandtully intermarried,
was that of Sir James Mackenzie, third son of George first Earl of
Cromartie, and a Lord of Session, under the title of Lord Royston, his
daughter Elizabeth having been the first wife of Sir John Steuart of
Grandtully, third baronet. The family of Lord Royston thus became
united to that of Grandtully; and this explains how so many of
the letters now printed are addressed to Lord Royston.
Besides this general explanation of the contents of the present
work, it seems necessary, for a proper understanding of the charters
1 The Pedigree of the Drummonds of Logie- nexion between the families of Logiealmond
almond, given in this work, shows the con- and Grandtully.
CHARTER BY THE EARL OF DOUGLAS, 1414. xiii
and correspondence now printed, to give some account of the lands,
baronies, and castles which have been successively acquired by this
branch of the Steuart family, and which now constitute their prin-
cipal barony of Grandtully.
THE BARONY OF GRANDTULLY.
The lands and barony of Grandtully are situated in the parish
of Dull, or, as it is sometimes called, Dow, or Appindow," in the shire
of Perth. Grandtully may be said to be in the fine district of Strath-
Tay, although it forms a distinct district known as Grandtully. So
far as can now be traced, Sir John Steuart, Lord of Innermeath and
Lorn, as has been before observed, was the first acquirer of Grand-
tully.
of his fourth and youngest son, Sir Alexander Steuart.
He resigned the lands for a new charter to be made in favour
This charter
was made by Archibald fourth Earl of Douglas, who was then the
* It is also called Apnadull, and anciently it
received the name of Dullmagarth. According
to the first Statistical Account of Scotland,
published in 1793, the parish of Dull was then
from south to north thirty miles in length,
and in breadth twelve miles, and it was divided
into five districts, the second of which was
Grandtully. The name of the parish of Dull has
sometimes given occasion for indulging a little
in the humorous. Dean Ramsay, in his “Re-
miniscences of Scottish Life and Character,”
relates a sally of this sort, which he heard
when he was travelling to Perth, in the old
stage-coach days, and enjoying the society of
a Scottish clergyman, full of amusing stories.
b
“When we had come through Glen Farg,”
he writes, “my companion pointed out that
we were in the parish of Dron. With much
humour he introduced an anecdote of a brother
minister, not of a brilliant order of mind,
who had terminated in this place a course of
appointments in the Church, the names of
which, at least, were of an ominous character
for a person of imaginative temperament.
The worthy man had been brought up at the
school of Dunse, had been made assistant at
Dull, a parish near Aberfeldy, in the presby-
tery of Weem, and had here ended his days
and his clerical career as minister of Dron.”—
P. 3.
xiv.
INTRODUCTION.
superior of these lands, and is dated 30th March 1414. It bears that
the Earl granted to his beloved cousin and shield-bearer, Alexander
Steuart, son of Sir John Steuart of Lorn, knight, the lands of Garne-
tully, Kiltillich, and Aberfeldy, in the Abthanery of Dull. The
lands were to be held for rendering three suits of Court at the Earl's
three Courts of Garnetully, upon the hill called the Courthill,” which
the Earl reserved for holding these courts, and also for rendering to
the lord of the Abthanery of Dull the service used and wont.
The lands of Grandtully and other lands thus granted, extended
from Aberfeldy, or the falls of Moness, on the west, to Balnagaird on
the east, along the south banks of the river Tay about eight miles.
That portion of the lands of Grandtully which lies along the
banks of the Tay to the east of the castle of Grandtully is generally
very level, and the more eastern portion is called the Haughs of Grand-
tully. These grounds are easily cultivated, and are capable of produc-
ing excellent crops of grain of all kinds. The land which lies away
from the river, and forms the higher range, is very hilly, and generally
used for pasturing cattle and sheep. In the grouse season these
elevated ridges afford an exhilarating recreation.” Towards the east
* Charters, p. 4, No. 5, infra.
* The Courthill was on the lands of Kil-
tillich, about two miles to the west of the
present castle of Grandtully. A standing
stone was erected on the summit of the
Courthill, where it still retains its upright
position. The rents were collected, as well
as legal questions settled, on the Courthill.
In the parish of Dull, there are the remains
of many Druidical temples, and also of old
castles, many of them like watch-towers. In
one glen, which is appropriately called Fin-
castle, or Fonnchaisteal—the land of castles,
not less than fifteen are to be traced.—[First
Statistical Account of Scotland, vol. vi. p.
155.]
* In May last, a litter of young foxes was
unearthed at Grandtully. Their den afforded
r:-->==~~re—s-------------arr-
DRUIDICAI, STOWES AND SA WCTUARIES. XV
end of them are the remains of an old fortification called Castle Dhu,
or the Black Castle, the history of which has not been ascertained.
On the farm of Kiltulloch or Cairntulloch there is a circle of
rude stones, called Druidical Stones, and sometimes also Sanctuaries,
as affording places of shelter for men and beasts. By the country
people these sanctuaries are held in such veneration, that they con-
sider it an act of desecration to destroy them. An instance of this
occurred some years ago, when Mr. Campbell, factor for Sir Neil
Menzies, wished to destroy one of them on the Menzies estate, that
the large stones might be used for pillars to the gate leading to his
own house. He ordered the labourers to remove the stones; but
disliking the irreverent occupation, they indicated their reluctance to
Mr. Campbell, upon which he himself took a lever and raised the
stones. On his way homewards his horse ran off, and both he and
the horse were killed : a melancholy fate, which the people Supersti-
tiously interpreted as a judgment of Heaven for his having violated
one of the sanctuary stones. On archaeological grounds, the destruction
of such memorials of the past is too Gothic not to be regretted.
The lands of Grandtully, Kiltulie, Tullocrosk, and Pitoquharne,
were first erected into a free barony by King James the Fifth. The
charter of erection was granted by his Majesty on 4th March 1538,
in favour of Thomas Stewart, son and apparent heir of Alexander
Stewart of Grandtully, on the resignation of the latter. By that deed
an illustration of the ample larder with which one curlew, one plover, four lambs, one kid,
they were provided : it consisted of thirty three water rats, and one mole.
white hares, twenty rabbits, eleven grouse,
xvi IVTRODUCTION.
the lands were erected into the free barony of Grandtully, with the
manor-place thereof as the principal messuage."
In the year 1623, Sir William Steuart, who was then proprietor
of the barony of Grandtully, obtained a new erection of the barony
on his own resignation. By a charter dated 27th February 1623,
King James the Sixth granted to Sir William Steuart in liferent, and
to Thomas Steuart his eldest son in fee, the lands and barony of
Grandtully; also the lands and barony of Murthly; and the whole
was erected into one free barony, to be called the BARONY OF
GRANDTULLY.
Sir Thomas Steuart, fiar in the above charter, obtained another
erection of the barony of Grandtully by a charter from King Charles
the Second, dated 22d December 1671. This charter included the
lands and barony of Grandtully, namely, the lands of Grandtully,
with the tower, fortalice, manor-place, houses, gardens, and orchards
thereof; the lands of Kiltilyt, Tullockrosk, Pittoquhaarne, and Aber-
feldie, and the lands of Carnbo Steuart; also the lands of Wester
Balnagaird or Sketewin, and the fishings of the said lands; the lands
and barony of Murthly; the lands and barony of Corcock, with the
lands of Wester Balnagaird annexed thereto, the manse of Fearn; and
the lands and barony of Strathbraan, comprehending the particular
lands therein specified.” By that charter the mansion-place of
Murthly was ordained to be the principal messuage thereof, and one
sasine to be taken thereat was declared to be sufficient for any part
1 Charters, p. 77, No. 45, infra. * Original Charter at Murthly.
THE CASTLES OF GRANDTULLY. xvii
of the said lands, baronies, and others, even though the same should
lie discontiguous.
This charter is the last and regulating grant of erection of the
barony of Grandtully.
THE CASTLE OF GRANDTULLY.
Towards the centre of the lands, and on the Grandtully portion
of them, stood the original castle of that name. It was situated upon
a high table-land overhanging the Tay, opposite the present mansion-
house of Cloichfoildoch, and about a mile to the east of the present
castle of Grandtully. Of the original castle few traces now meet
the eye. Portions of the foundations of the walls may still be seen,
but these are the only visible remains.
No record is preserved of the date of the building of the original
castle of Grandtully. It was probably built by Alexander Steuart
soon after his father resigned the lands in his favour in the year 1414,
as Grandtully was then the only estate which Alexander Steuart pos-
sessed in the shire of Perth, and by which he came to be known and
designated.
There is a tradition in the family, that although the castle of
Grandtully was separated from the mansion-house of Cloichfoildoch
by the broad river Tay, the two lairds of these estates, who were not
always on the most friendly terms, were still too near each other. A
hostile arrow from the Cloichfoildoch banks proved fatal to one of the
Grandtully family, on the opposite side of the river, while standing at
xviii INTRODUCTION.
his own door. The inconvenience of being stalked and shot down
like a mountain deer, by an unfriendly neighbour, induced the Laird
of Grandtully to build another castle about a quarter of a mile south
from the banks of the river Tay, and about a mile to the west of the
original castle, which was then allowed to go to ruin, after it had
served the family probably for a century and a half—that is, from
1414 to 1560, when the present castle is supposed to have been built
by Sir Thomas Steuart, knight, the then Baron of Grandtully. No
record, however, has been found of the date of the building of the
new castle."
The present castle is a strong and an imposing structure. It
is the largest mansion-house in the extensive parish of Dull, in
which there are many castles. Grandtully Castle consists chiefly of
two round towers, each five stories high, and the walls are generally
about nine feet thick. The apartments in the tower are all arched.
The dining-hall is the principal room in the castle, and it is large
and spacious. It is lighted by three windows, and is boxed with
wood panellings, which, till recently, were covered with fine old
tapestry.
Grandtully Castle, as it now stands, contains several additions in
the shape of turrets and roundlets made by Sir William Steuart in
the year 1626, and subsequently. Above the principal door of the
castle there is an armorial stone now much defaced. The shield has
* On the farm of Croftcat of Grandtully, which now remains, although the site of it is
which is situated to the south of the original still pointed out.
castle, formerly stood a chapel, no part of
4.---~~<- - -----------------, ---------->
C. A S T L E .
G R A N. D. T. U L L Y

MA.VSIOW OF PITCAIRN OR LEAVWOX CASTLE. xix
on the dexter side three buckles in chief, and a fesse cheque. The
sinister side is illegible. Above the shield is the family motto,
“Provyd.” The margin contains the name of “Sir Thomas Stevert
of Garintvllie.” The lettering is very old; older apparently than any
part of the castle itself; and the stone may have been transferred
from the original castle.
Besides the castle of Grandtully, it appears that in the time of
Alexander Steuart, the fifth laird, there was on the lands of Grand-
tully a manor-house called Petquharne. It is mentioned in a
notarial instrument dated 9th May 1533, and a charter is dated at
Petquharne on the 3d of June in the same year." By the retour of
an inquest held on 5th July 1529, it was found that the lands of
Petquharne and others were pertinents of the lands of Grandtully,
and that they lay contiguous with the same “fra the front of the hill
callit Strong Awnocht, Suthtwart to the Month.”
No trace of the ancient manor-house of Petquharne is now to
be found under that name, which, indeed, is quite unknown to every
person connected with Grandtully. On the high ground, however,
about half a mile to the west of the present castle of Grandtully,
is a place called Upper Pitcairn, where is to be seen a ruin or cairn
of stones which has the appearance of having been a mansion-house.
This Pitcairn is probably another name for the Petquharne of the
charter of the sixteenth century. The ruin at Pitcairn is also called
Castle Lennox or Lennox Castle. The Earls of Lennox at one time,
* PP. 72, 73, Nos. 42 and 43. * P. 67, No. 40.
XX INTRODUCTION.
there is reason to believe, held lands in this district, but it is not
known that they held Pitcairn. -
It has been affirmed in an ancient history of the family of
Drummond, that the family of Alwin who became Earls of Lennox
in the twelfth century were hereditary seneschals of Stratherne, and
bailies of the Abthanery of Dull, and that on the elevation of Alwin,
the chief of the family, to a higher dignity, these offices, as was usual
in such cases, were separated, and conferred on younger branches of
the family. This separation, if the affirmation be correct, which,
however, is not supported by documentary evidence,—may be sup-
posed to have been made, after Alwin was created Earl of Lennox
by William the Lion, between the years 1165 and 1214. Posterior
to this creation, the names of some of the hereditary Seneschals of
Stratherne can be traced ; * but this throws no light on the question.
The fact that the bailies of the Abthanery of Dull held the lands of
Finlarig in the barony of Glendochart, of Malcolm de Glendochart,
as lord superior, who is said to have been a cadet of the Earls of
Lennox, has been considered as strengthening other circumstances
which lead to the conclusion that the Earls of Lennox originally
possessed lands in this part of the country. It is not, however
quite certain that he was a cadet of the Earls of Lennox.
* Wide Liber Insule Missarum, Index of Names.
THE CHURCH OF ST. MARY OF GRAWDTULLY. xxi
THE CHURCH OF ST. MARY OF GRANDTULLY.
A little to the north-west of the ruin at Pitcairn, stands an
ancient church or chapel, which existed in the year 1533, and was
then called the Church of Saint Mary of Grandtully. On the 9th
of May in that year, Alexander Steuart of Grandtully, from senti-
ments of devotion, and with the view of promoting Divine worship,
with consent of his eldest son Thomas, gave Sasine of the lands of
Croftdawe, part of Grandtully, to the Sub-Prior of Saint Andrews, as
representing the curate who was to officiate at the chapel built near
the manor-place of Petquharne, and to be consecrated to God, the
Virgin Mary, St. Andrew the Apostle, St. Adamnanus, and St.
Beanus." By a charter dated on the 3d of June following, Alexander
Steuart, with consent of his son Thomas, granted to a chaplain, per-
sonally residing and celebrating Divine worship and the Sacraments
irreproachably in the church of St. Mary of Grandtully, the lands
of Croftdawe, which are therein minutely described.” Croftdawe is
now called Croftdavoch, or the Alehouse Croft, and is situated about
half a mile to the south of the church of St. Mary.
The church stands on a rocky mountain, from the summit of
which, at the north end of the church, is obtained a splendid prospect
of the surrounding country to the west, north, and east.
Externally the church of St. Mary is a plain edifice, with no
pretensions to architectural effect. The interior, however, is more
1 P. 72, No. 42. ? P. 73, No. 43.
xxii INTRODUCTION.
ornamental. The ceiling is arched. On the north side are two
rows of medallions painted on wood, six being in each row. The
lower row contains Scriptural subjects, with texts around each ; but
several of these are now much faded. The second row also contains
six medallions. The first and second are representations of the two
Saints, Luke and John. Next to the latter are the armorial bearings
of the Laird of Grandtully, of which, to afford a specimen of the draw-
ings in the ceiling, a sketch is here given. Adjoining that coat is a
large armorial shield, partly defaced, of the royal arms of England;
and next to that shield is another of the royal arms of Scotland.
On the opposite or south side of the ceiling, the first or lowest
row contains medallions of six Scriptural subjects. The second row
also contains six medallions, the first and second being representa-
tions of the two Saints, Mark and Mathew, and an angel. Next to the
latter are the armorial bearings of Dame Agnes Moncrieff, who was
the wife of Sir William Steuart of Grandtully, whose shield is on the
opposite side ; and also the arms of the Earl of Athole. The adjoin-
ing two coats appear to be those of France and of Scotland.
Besides these two rows of medallions on each side of the chapel,
there are in the centre of the ceiling five medallions containing the
monograms of Sir William Steuart and Dame Agnes Moncrieff.--also
the sun in his meridian splendour, and a large panel with architec-
tural subject, and quaint figures—and at the foot, the fesse cheque of
the Steuart family.
A stone in a window of the church, and also another stone
ARMoR1AL BEARings of siR william ste äART
IN THE CEL LING ON THE NORTH SIDE OF THE Church of SAINT MARY OF GRANDTul-LY.
- 1636 -

7"HE CHURCH OF ST. MARY OF GRAWDTULLY. xxiii
now in the churchyard, but originally over the gate, contain the
initials of Sir William Steuart and his wife, Dame Agnes Mon-
crieff, with the date 1636. This was probably the year in which the
church was repaired, and the ornamental interior now described
added."
St. Mary's church was the place of sepulture of the barons of
Grandtully before they acquired the barony of Murthly, and around
it, on the south side, is a graveyard still used for the parishioners in
the district. Dean Macgregor of Fortingall records the deaths and
burials of several of the barons of Grandtully, as appears from the
following entries in his interesting “Chronicle:”—
“Obiit venerabilis vir Thomas Stuart de Garintully apud eundem,
cepultus desimo nono die Aprilis, anno Domini Mvºlviij. Terras
quas predicessores perdiderunt inse recuperauit, sua prudentia et
gubernatione, Vt notum est. Orate pro anima eius.”
The widow of this venerable man was also buried in the church of
St. Mary, as appears from the following entry in the “Chronicle:”—
“Obiit domina de Grantully, sponssa Thome Stuart [de Gran-
tully, xiiij die Junij anno Domini Mvº Sexto . . . et sepulta in ecclesia
de Grantully.”
The death and burial of the son of these parents in the same
church is recorded as follows:—
* Tradition informs us that the artist could induce him, while so engaged, to speak
painted all the ceiling lying on his back. So a single word.
intent was he on his work, that no visitor * Black Book of Taymouth, p. 127.
3 Ibid. p. 129.
xxiv.
INTRODUCTION.
“Obiit Willelmus Stuart de Grantully apud eundem, quarto die
Mertii, et sepultus in ecclesia de Grantully, sexto die Mertii, viz., in
Dominica die anno Domini millesimo V* lxxiiii. Requiescat in pace,
quia bonus fuit.”"
THE BARONY OF MURTHLY.
The lands of Murthly” were erected into a barony at a very
early period. The charter of erection is not known to exist ; but
Murthly was a barony before the year 1336, when Duncan Earl
of Fife granted a charter in favour of John of Ireland, Baron of
Murthly, fixing the marches of the baronies of Strathurd and
Murthly. King David the Second confirmed that charter on 22d
August 1342.”
The family of Ireland continued to possess the barony of
Murthly till the following century, when it was acquired by Thomas
Abercromby of that Ilk, in the county of Fife. He resigned the
barony of Murthly into the hands of the Crown for new infeftment
in favour of his son Robert of Abercromby, who obtained from King
James the Second a charter of the barony, dated 22d March 1445."
* BlackBook of Taymouth, pp. 139, 140. The
“Chronicle” records that William Steuart died
on the 4th of March 1574. The testament tes-
tamentar of the deceased states that he died on
the 2d of March 1574. This discrepancy of two
days is not very material, and the “Chronicle”
* The Gaelic Mortulach, compounded of the
Word Mor, great, and Tulach, mount.
* Original Charter at Murthly. Printed
p. 1, No. 1. A Notarial Transumpt of the
charter and relative precept, dated 21st March
may be correct, as the testament was not
confirmed until five years after the death,
that is, on 13th July 1579.-[Commissariat,
Edinburgh, vol. 7.]
1344, was made in the year 1432.-[Original
Transumpt at Murthly.]
* Original Charter at Murthly. Printed
p. 10, No. 9.
PURCHASE OF MURTHL Y BY SIR WILLIAM STE UART, XXV
The family of Abercromby continued to possess the barony of
Murthly till the beginning of the seventeenth century, when they sold
it to Sir William Steuart of Grandtully. By a contract entered into
on 8th, 9th, 10th, and 18th July 1615, between Thomas Abercromby
of that Ilk and Alexander Abercromby, his eldest son, and others, on
the one part, and Sir William Steuart of Grandtully, Knight, on the
other part, the former sold to the latter the barony of Murthly for
the price of sixty-two thousand merks Scots, which is equivalent
to £3444, 8s. 103d. Sterling." This acquisition of Murthly by pur-
chase corrects a mistake committed by some genealogists, who assert
that Murthly was acquired by the Grandtully family through the
marriage, about the year 1545, of William Steuart of Grandtully and
Margaret Abercromby, heiress of Murthly.
At the period of this purchase, the transference of large terri-
torial baronies from one family to another was comparatively rare.
The treaty for carrying into effect the transference of the barony of
Murthly from the Abercrombies to Sir William Steuart is a very
formidable document. It is in the form of a roll of paper, which
measures nineteen feet four inches in length, and one foot, or
twelve inches, in breadth. Except a margin of two and a half
inches, the roll is wholly engrossed with the terms of the treaty of
sale, thus giving fifteen square feet of writing, about as close as
print of ordinary sized type of the present day. Besides enumerat-
ing the various lands, with their fishings, teinds, and other perti-
| Extract Contract, registered in the Books of Council and Session 25th Sept. 1615, at Murthly.
xxvi INTRODUCTION.
nents, which form component parts of the barony of Murthly, the
contract contains many formal clauses which were necessary with
reference to the feudal position of the barony. The provisions are
detailed with great minuteness, every article acquired by the pur-
chaser, even articles of the smallest value, being specified with
scrupulous care, as appears from the following description —
Thomas Abercromby sells and dispones to Sir William Steuart
“the haill tymber wark as beddis and burdes, furmes, chyres, stuillis,
brew caldron or brew leid, and haill brewloomis, and als all and haill
the remanent wark within the said place of Murthlie, chalmeris,
barnis, byres, stabillis, and otheris, office houss thairof, togiddir with
the haill durris, lockis, keyis, windowis, bandis, and als the irne
chymney and copeburde in the hall, togiddir with the salmond fisch-
ing, cobill and nett, to be intromettit, vsit, and disponit vpoun be the
said Sir Williame and his foirsaidis, as his awin propir guidis and geir
at his pleasure.” Thomas Abercromby further bound himself “to
flitt and remove himself, his wyfe, bairnis, and servandis, familie
guids and geir, furth and fra the said place of Murthlie,” and others,
and to enter the said Sir William into the same, delivering to him the
“haill keyis of the said place, and office houss thairof, with the haill
insicht, tymber wark, and irne chimney forsaid,” and others; and
that they “sall remove nor away tak mathing furth of the said place
except only thair clothis and bedding of woll and linyng, with thair
kistis, cofferis, buikis, wreittis, and trunkis.”
The terms of the sale now stated show how the seller was
BARONIES ACQUIRED BY SIR WILLIAM STE UAR7. xxvii
to remove from an old barony which his ancestors had enjoyed for
centuries; the portion of the furniture of the mansion which he was
to retain; and what part of it was to belong to the purchaser.
On a resignation by the Abercrombies in terms of that contract,
a charter of confirmation, novodamus, erection, and annexation was
granted by King James the Sixth on 19th July 1615, in favour of Sir
William Steuart of Grandtully, Knight. This charter comprehended
the lands and barony of Murthly, with the salmon-fishing thereof in
the river Tay; the lands of Sloginhole, Colra, and part of Murthly,
with the fishing and pasturage thereof, and also the lands of Nether
Obney, Over Obney, and Wester Burnbane, with the right of fishing
belonging thereto. It of new erected the lands and barony of
Murthly into a barony, to be called the barony of Murthly; and the
lands of Sloginhole, Obneys, and others above mentioned, were
thereby united and annexed thereto."
The acquisition of the barony of Murthly was a very important ad-
dition to the other baronies already acquired by Sir William Steuart.
On the death of his brother, Sir Thomas Steuart, in the year 1610,
he succeeded to the old family barony of Grandtully. Sir William
Steuart had previously acquired in his own right, as will afterwards
be shown, the barony of Strathbran. These three baronies were
geographically connected, and extended along the banks of the
rivers Tay and Bran, from Aberfeldy on the west to Kincleven
on the east, embracing a stretch of land extending to about twenty-
* Original Charter at Murthly.
xxviii INTRODUCTION.
five miles. Sir William Steuart also owned the lands of Banchory,
in the county of Clackmannan, and he also acquired the lands of
Dalbeatie, Kercow, Fungorth and others in the county of Perth.
Seven years after his purchase of the barony of Murthly, Sir
William Steuart made a resignation of the barony, and also of the
barony of Grandtully, and other lands, into the hands of King James
the Sixth, by a procuratory of resignation dated 19th December 1622.”
The King granted a new charter, on 27th February 1628, to Sir William
Steuart in liferent, and Thomas Steuart, his eldest son and apparent
heir, in fee ; whom failing, to William, James, Harie, and John
Steuart, the second, third, fourth, and youngest sons of Sir William,
and the heirs-male of their bodies respectively, whom failing, to the
other heirs therein specified.
This charter erected the whole lands into one free barony, to be
called the BARONY OF GRANDTULLY.”
In the year 1671, Sir Thomas Steuart, then of Grandtully,
obtained a new erection of the barony of Murthly, with other lands
and baronies, into the barony of Grandtully, by a charter granted
by King Charles the Second, on 22d December 1671, in favour
of Sir Thomas in liferent, and John Steuart, his only son, in fee.
This charter included the lands and barony of Grandtully, with the
tower, fortalice, manor-place, houses, gardens, and orchards thereof;
the lands of Kiltullyt, Tullochrosk, Pittoquharne, and Aberfeldie,
| Original Procuratory at Murthly.
* Original Procuratory of Resignation and Instrument of Sasine, ibid.
BARONY OF AM URTHL Y. xxix
and the lands of Carnbo Stewart : Also the lands of Wester Bal-
nagaird or Sketewin, the fishings of the said lands; the lands and
barony of Murthly ; the lands and barony of Corcock, with the
lands of Wester Balnagaird annexed thereto, the Manse of Fearn,
the lands and barony of Strathbran, comprehending the particular
lands therein specified." By this charter the manor-place of Murthly
was ordained to be the principal messuage thereof, and one Sasine
to be taken thereat was declared to be sufficient for the whole
of the lands, baronies, and others, even though the same should lie
discontiguous.
This charter is the last and regulating grant of erection which
includes the barony of Murthly.
The barony of Murthly is situated in the parish of Little
Dunkeld” and county of Perth. To Little Dunkeld was united a
former parish, lying chiefly in the district of Strathbran, called
Laganallachie, a name compounded of the two Gaelic words Lagan
and Alachie, from the traditionary Saint called Alachie, or Aulachie.”
Nature, as observed in the first Statistical Account of Little Dunkeld,
has divided that parish into three districts, each of which would make
a parish of ordinary magnitude, both in respect of extent and popu-
lation. The first district begins at the eastern extremity, next the
* Original Charter at Murthly. parish. It is situated about three miles from
* Little Dunkeld, differently from what the Dunkeld, and near the Rumbling Bridge, which
name would seem to imply, is much more ex- is a special object of attraction to strangers.
tensive than the parish of Dunkeld. In this chapel the minister of Little Dunkeld
* A chapel still exists for the benefit of the preaches in the Gaelic language every third
inhabitants of the Laganallachie part of the week.
d
XXX IVTRODUCTION.
parish of Kinclevin, and ends at a small village called Invar, about a
quarter of a mile west from the church. This district is generally
called Murthly, from the barony of that name, which occupies the
greater portion of it.
The second district stretches into a valley along the Tay about
ten miles, till it joins Grandtully, in the parish of Dull. The greater
part of this district originally belonged to the See of Dunkeld, and is
known as the Bishopric.
The third district is a valley extending nine miles westward
from Invar to Amulree. It is called Strathbraan, from the river
Braan, which runs through it, and joins the Tay opposite Dunkeld.
The barony and district of Murthly, along the banks of the Tay,
are very beautiful and romantic. The celebrated Hill and Forest of
Birnam, or, as it was originally called, Brannan, form part of the
barony of Murthly, and give a grandeur to the scenery of the dis-
trict. This hill was originally a Royal Forest, and part of it was
granted by King Malcolm the Maiden to Duncan Earl of Fife as a
marriage portion with his niece, the Princess Ada, on her marriage,
about the year 1160. This will be more fully explained in the account
of the barony of Strathbran, which is included in the charter by
King Malcolm.
Portions of the Hill and Forest of Birnam originally belonged to
the See of Dunkeld, and continued the property of the Bishops till
the beginning of the seventeenth century, when they were acquired
by the Abercrombies of Murthly. By a charter of sale and alienation
HILL OF BIRNAM. xxxi
dated 24th May 1611, Alexander Bishop of Dunkeld, with consent of
the Dean and Chapter of the Cathedral Church of Dunkeld, in con-
sideration of certain great sums of money paid by Laurence Blair in
Over Durdie, and Patrick Blair in Geddynis, granduncles, on the
mother's side, of Alexander Abercrombie, Son and heir of Thomas
Abercrombie of that Ilk, in name of the said Alexander Abercrombie,
sold to Alexander Abercrombie, and his heirs-male, the lands of
Wester Inshewins and Easter Inshewins, otherwise called Middle
Inshewins;" also the wood called the Tor;” and the wood commonly
called the Hill of Birman, all in the lordship of Dunkeld. It appears
from the deed of sale that the Bishops had been accustomed to dig
turfs on the Hill of Birnan for thatching the Cathedral of Dunkeld
and their own special buildings, as well as for their own proper use,
when they happened to reside in the city of Dunkeld.”
A portion of the wood of Birnam, called the Range, also belonged
to the See of Dunkeld. The Range is situated to the east of the
Hill of Birnam, and now forms the wooded ground adjacent to the
Hospital of Murthly, on the west. This Range was acquired by
Alexander Abercrombie of that Ilk and Murthly from Robert Bishop
of Dunkeld by charter dated 13th and 16th January 1584.” This
charter also included the lands of Easter Inshewin, or Dalpowie, with
* The burn of Inshewinforms the boundary * Saint Mary’s, the beautiful mansion of
between the properties of the Duke of Athole Lord John Manners, M.P., is erected on part
and Sir William Drummond Steuart. It is of the Torwood.
said that formerly to the west of this burn the * Original Charter at Murthly.
Gaelic language was spoken, and to the east * Original Charter, ibid. Printed p. 102,
of it the Scotch. No. 54.

xxxii
INTRODUCTION.
the fishings in the Tay, in the Garthpool' and Tronarquheis,” all in
the barony of Dunkeld. The Bishopric lands had then extended to
the march with Murthly proper, which was probably the burn that
runs into the Tay about half a mile to the east of the Hospital of
Murthly.
On the east side of Birnam Hill, about half-way to the summit,
are the ruins of the Castle of Old Rohallion, or, as it was called in
Gaelic, Forhaillon. They consist of a square tower, with two round-
lets at alternate corners. From its elevated situation, this castle
dominated over the whole district of Murthly, including the Muir of
Thorn, now called the Chase, and commanded, to the east, the distant
view of the great valley of Strathmore, as far as the hills above the
Castle of Kinnaird, near Montrose.
The view of the surrounding country of the Tay from this part
of Birnam, as well as from its summit, is perhaps unrivalled in Scot-
land, presenting one of the most extensive and magnificent land-
Scapes upon which the eye can gaze.
Birnam Forest has become classic ground by the historical
events with which it has been associated. King Duncan, who suc-
ceeded his grandfather, Malcolm the Second, King of Scotland, in the
year 1034, is said to have held his court and camp on Birnam.
* The Garth pool is a famous salmon-cast in adjoining the pool, on the estate of Dalbathie.
the Tay, nearly opposite the Church of Caputh.
* The Tronach pool is another fine salmon-
cast in the Tay, immediately to the north of
the Hospital of Murthly. The Hill or Craig
of Tromach is on the north side of the Tay,
The Tronach Hill is a high conical-shaped
mountain, covered with wood. From its
solitary and peaked appearance, it is a very
prominent object, even beside the great hill
of Birmam.
BIRAWAM WOOD. xxxiii
On the same east side of Birnam Hill there is a large mass of
conglomerate rock, on the prominent peak of which, it is said, was the
camp of King Duncan. Tradition points out the spot where Duncan
passed the night before going to Dunsinane Hill, the fortress of
Macbeth, which is seen from this spot, although about twelve miles
distant. On the west side of the rock is a shelf which is still
popularly known as Duncan's Bed. Duncan reigned four years,
when he was assassinated in the year 1039 by Macbeth, who thus
obtained the Scottish throne, to which he founded his claim on his
alleged descent from King Malcolm the Second, through that King's
daughter, Doada, so that, if this allegation is correct, he was the cousin-
german of Duncan, whom he dethroned. Duncan left, by his wife, who
was a sister of Siward Earl of Northumberland, two sons, Malcolm,
called Canmore, and Donald, called Bane the Fair, who were expelled
from Scotland by Macbeth.
The real history of Macbeth is involved in obscurity: He reigned
seventeen years, which was a long tenure of royalty for one that is
uniformly called a usurper, and in those rude and troubled times, when
thrones were maintained more by might than by right. During the
seventeen years of Macbeth's reign, however, repeated attempts were
made by the adherents of Malcolm Canmore to restore him to the
Scottish throne. These attempts proving unsuccessful, only tended to
consolidate the power of Macbeth. But in the year 1056 a successful
rising was arranged on behalf of Malcolm, through the exertions
of Macduff Thane of Fife, and Siward Earl of Northumberland,
xxxiv IAWTRODUCTION.
encouraged by Edward the Confessor, King of England. Having
planned the expedition, Malcolm, Macduff, and the Earl of Northum-
berland, with a body of English soldiers, entered Scotland, crossed
the Forth, advanced to the Tay, increasing their force in their onward
march, and went up that river to Birnam Wood, where they remained
for some time concerting their measures against Macbeth. Having
been told that Macbeth, in conformity with the superstition of
the age, placed great faith in fantastic “freits,” believing, as some
witch or wizard had assured him, that he would never be vanquished
till Birnam Wood came to the hill of Dunsimane against him, which
he understood as meaning that he would never be vanquished at all,
they had recourse to a stratagem suggested by Macbeth's superstitious
belief. Each soldier having taken from Birnam Forest a bough, which
he bore on his arm, the army marched towards Dunsinane, where
Macbeth was fortified in the strong and lofty castle which he had
there erected. Observing from his battlements their advance, it
seemed to him as if Birnam Wood was literally moving towards
Dunsimane ; and becoming alarmed for his safety, as if a fatal augury,
in what he had regarded as an assurance of security, was about to be
fulfilled, he immediately betook himself to flight, and was pursued
northward over the Mounth to the wood of Lumphanan, in Aberdeen-
shire, where he was overtaken and slain on 5th December 1056.
Malcolm was crowned at Scone on the 25th of April thereafter.
These traditions respecting this part of Scottish history have
been preserved by Andrew of Wyntoun in his valuable and curious
BJPAVA.M WOOD. XXXV
Chronicle, which was written about the beginning of the fifteenth
century; and here we may quote his own simple narrative. After
relating that Malcolm, accompanied by Macduff the Thane of Fife,
Siward Earl of Northumberland, and English troops, consisting
chiefly of the retainers of that nobleman, had left the King of Eng-
land on the enterprise of recovering his inheritance, the Kingdom of
Scotland, he thus proceeds:—
“Dan wyth yame of Northumbyrland
Dis Malcolme enteryd in Scotland,
And past oure Forth, doun strawcht to Tay,
Wp yat Wattyre ye hey way
To ye Brynnane to-gyddyr hale.
Dare yai bad, and tuk cownsale.
Syne yai herd, yat Makbeth aye
In fantown Fretis had gret Fay,
And trowth had in Swylk Fantasy,
Beyat he trowyd stedfastly,
Nevyre dyscumfyt for to be,
Qwhill wyth hys Eyne he suld se
De Wode browcht of Brynnane
To ye hill of Dwnsynane.
Of yat Wode [yare] ilka man
In-til hys hand a busk tuk yan :
Of all hys Ost was na man fre,
Dan in his hand a busk bare he
And til Dwnsynane alsa fast
Agayne yis Makbeth yai past,
For thai thowcht wytht swylk a wyle
Dis Makbeth for til begyle.
Swa for to cum in rewate
On hym, or he sud wytryd be.
XXXvi INTRODUCTION.
De flyttand Wod yai callyday
Dat lang tyme eftyre-hend yat day.
Of yis quhen he had sene yat Sycht,
He was rycht wa, and tuk ye flycht :
And owne ye Mownth yai chast hym yan
Til the Wode of Lunfaman.”
Wyntoun next commemorates the resolution and intrepidity of
Macduff in the pursuit, and records that Macbeth, who boasted that
the “spirits that know all mortal consequents” had pronounced that
no man born of woman should ever kill him, fell under the stroke of
a knight who was never born, but who had been untimely ripped
from his mother's womb,” thus extorting from Macbeth the execration
which Shakespeare puts into his mouth : .
“And be these juggling fiends no more believed,
That keep the word of promise to our ear,
And break it to our hope.”
It may be added that King Malcolm Canmore, for the services
rendered to him by Macduff Thane of Fife, in planning and carrying
out this successful expedition for the recovery of the crown from
Macbeth, granted to him and his successors the right of placing the
Kings of Scotland on the throne at their coronation, the leading of
the Scottish armies wherever the royal banner was unfurled, and
other important privileges, many of which, after the forfeiture of the
* Wyntounis Cronykil of Scotland. Edition tragedy of Macbeth, was indebted in his de-
1795, vol. i. pp. 238, 239. scription of the circumstances connected with
* From the quotation made from Wyn- the overthrow and death of the usurper to
toun's Chronicle, it will be perceived by the the traditional information supplied by Wyn-
reader that Shakespeare, in his inimitable touri.
THE COURT HILL OV BIRAWAM. xxxvii
Earls of Fife, were conferred on the great family of Douglas. Mac-
duff was the ancestor of a subsequent proprietor of Birnam Forest,
namely, Duncan Earl of Fife, who obtained Birnam from King
Malcolm the Maiden.
To return to our description : Not far from King Duncan's Bed,
to the eastward, is a high rounded ridge called the Court Hill. It
was probably used for holding courts for the transaction of civil and
criminal business, as being a place where a court could be held
without the risk of the proceedings being overheard by those who
had no right to take part in them. a' -
The place of execution of criminals in the barony of Murthly is
about half a mile below and to the eastward of the Court Hill.
About half a mile north from it, at the east end of Rock-in-roy
Wood, (the remains of the ancient Birnam Wood,) is the place
where the criminals who had been executed were buried, for they
were not allowed a resting-place in the usual burying-grounds. Their
graves are indicated by a number of tumuli, or small heaps of stones,
about the length of a human body. Among the graves is still to be
seen an oak tree, called “the hanged man's tree.”
On the Court Hill, the Ruthvens, who were sheriffs of Perth, had
often to give sentence against the ringleaders of bands of thieves,
which was not always done without difficulty or danger. In the year
1443, when Sir William Ruthven, sheriff of Perth, at the head of his
guards, was leading a thief from Athole to the gallows, he was
attacked by John Cormac of Athole, captain of a band of robbers,
€
xxxviii INTRODUCTION.
who laid the surrounding country under contribution. A sharp
skirmish ensued, in which Cormac and thirteen of his followers were
killed, whilst the rest fled to the mountains."
To the south from the place of execution extends the Muir of
Thorn, on which are many curious and interesting landmarks. One
of these is called the Saddle Stone, which stands up in the form
of a demipique saddle, about four feet above the surface. A rhym-
ing couplet thus refers to a great battle to be fought on this wild
plain :—
“There shall be a battle on the Muir of Thorn,
Ne'er such the like since man was born ;
The corbie shall sit on the saddle stane,
And drink the blood of gentlemen.”
About a mile to the south-east of the Saddle Stone is a fine
spring well called the “Eye of Mourning.”
To the east of that well, and on the barony of Arntully, many
remains have been found, consisting of wedges, spear-heads of in-
durated copper, and, curious to say, mingled in the ground with
Druidical circles.
Near the camp of King Duncan on the hill of Birmam or
Craigluish, the scene is exceedingly wild and desolate, and the
pass up to the Highlands is a steep path which has been long
known under the name of Houghmanstares. It lies at the north-
west end of the Muir of Thorn, about half a mile west of the high
* Adamson's Muses’ Threnodie, vol. i. p. 107.
HOUGHMAWSTARES. xxxix
road to Dunkeld; and near it is a large pond of water called
Stare Dam, supplied from the hill of Birnam and the adjacent
hills. This place appears to have received the name of Houghman-
stares from the punishment of houghing which had there been
inflicted on thieves and robbers. “It is so called from the pitiful
looks of the houghed thieves left on the spot.” This agrees with
the origin of the name given in the Muses' Threnodie, which relates
that about the middle of the fifteenth century some Highlanders
having killed a citizen of Perth, the burgesses flew to arms to
take vengeance—
“Which they performe, chaffed in mind like beares,
And do pursue them unto Houghman's staires;
In memorie of this fight it hath the name,
For many men lay there, some dead, some lame.”
To Houghmanstares, where “many were gibbeted,” and “which
has still the name from the hangman work that was done there,” Sir
Walter Scott alludes in his Fair Maid of Perth, in narrating the
skirmish already referred to between Sir William Ruthven, sheriff
of Perth, and Cormac of Athole. Sir Walter again introduces a
reference to Houghmanstares in the altercation between Henry of
the Wynd in his smithy at Perth, and the stranger Highlander, to
whom he bore a natural prejudice. “I whistle at my work,” said
1 Explanation of John Drummond at Lun- * Adamson's Muses’ Threnodie, vol. i. p.
carty Mill, who was born at Dalpowie, near 107.
the place, in Introduction to Adamson's Muses'
Threnodie, vol. i. p. xx.
xl IWTRODUCTION.
the Smith, “whatever comes uppermost, like an honest craftsman,
and commonly it is the Highlandman’s ‘ Och hone for Houghman-
stares 1’ My hammer goes naturally to that tune.” Sixty years ago
this place was perhaps the most desolate of any in the neighbourhood.
It was the practice of the drivers and the guards of the mail and
stage coaches, when they came to this spot, which they said was the
coldest place south of Inverness, to put on an extra outer coat, to
enable them to withstand the northern blasts which were here first
encountered. -
But by the planting of wood, and by improved cultivation, the
former bleak and dismal aspect of the district has passed away. Vast
improvements have been effected on it by the present proprietor of
Murthly. On the south of the base of Birnam Hill, Sir William
Steuart has built the beautiful turreted castle of Rohallion. This
is a delightful summer residence, beautified by a lake, anciently called
Robin's Dam, on the west side, and surrounded with woods and
mountains. The whole place is changed since the days of the author
of the Fair Maid of Perth, the former desolation being now transformed
into a finely wooded mountain scene.
Over a cataract which runs down the south side of the hill of
Birnam, Sir William Steuart has built a handsome bridge, which is a
very beautiful object as seen from Rohallion. From the bridge itself
a fine view of the house and grounds of Rohallion is obtained, as well
as of the country, as far as Perth.
Part of Birnam Hill, on the south-east side, is now used as a
THE LAST OAK OF THE
LD FOREST OF BIRNAM

BIRNA.M HILL. xli
bison park. These wild cattle thrive well, and are properly cared
for by Sir William Steuart, who brought the first of them from
America about the year 1840, after he had travelled for several years
in the Rocky Mountains.
An old tradition exists that an attempt was made during the
time that the Abercrombies were proprietors, to establish a seminary
of Jesuits at Murthly. Its extensive woods, it was supposed, would
afford a hiding-place from the searchings for priests that succeeded
the era of the Reformation. But the scheme was discovered, and
abandoned shortly before the Abercrombies sold Murthly to Sir
William Steuart.
Two specimens of the old forest trees of Birnam still remain.
They stand on the south bank of the Tay, near the Birnam Hotel.
The one is oak, and the other plane-tree. The former is nineteen
feet two inches, and the latter nineteen feet seven inches in circum-
ference at six inches above the soil. They are both majestic trees,
and very interesting from their great size and antiquity. A drawing
of a part of the oak is here given, from a photograph made in 1867.
On the east side of Birnam Hill are slate quarries, which pro-
duce excellent slates, of a beautiful blue colour. Pieces of lead ore
have occasionally been found in the hill, incrusted with a quartzose
substance. In other parts of the parish there are indications of iron
and lead being embedded under ground.
The north side of Birnam Hill is in the parish of Little Dunkeld,
and the south side is in the parish of Auchtergaven. The march
xlii INTRODUCTION.
between the parishes is formed by a small burn which runs down the
south side of the hill, and through the arch of the new bridge built
by Sir William Drummond Steuart above Rohallion. From the fact
that a part of Birnam Hill is situated in the parish of Little Dunkeld,
and another part in the parish of Auchtergaven, the hill is some-
times said to be in both parishes. It rises to an elevation of one
thousand five hundred and eighty feet above the level of the sea.
On the south side of the hill, wood has been largely planted, and its
thriving condition has now rendered pointless the sarcasm of Mr.
Tennant, that Birnam had never recovered the march to Dunsinane.
On the hill of Obney, which is on the south-west of the hill of
Birnam, are the remains of a vitrified fort, which is called the Castle
of Yan. At this fort were probably lighted the signal fires, which
could be seen as far as Pitlochrie, and would speedily spread alarm
among the mountains of Athole, and from thence to the low country
around Perth.
THE OLD CASTLE OF MURTHLY.
On the south banks of the Tay stands the old Castle of Murthly."
The oldest part of it consists of a tower, five stories high, which is
understood to have been built when the family of Ireland were the
proprietors of Murthly. This would make the age of the tower five
centuries. The tower is built of stones taken from a quarry situated
* There was another Murthly, which was adjacent to the lands of Kintully.—[Agreement,
p. 14, No. 11.]
O. L. D.
M U R T H LY
C. A S T L E .

THE CASTLES OF MURTHI, Y. xliii
a short way to the east of the castle, called Gellyburn. It is very
hard freestone, of a fine grain, and of an ash colour. The Cathedral
of Dunkeld has obviously been built with stones taken from the
same quarry, as the stones of the tower of the Cathedral have pre-
cisely the same appearance as those in the tower of Murthly. The
great bridge of Dunkeld over the Tay, built in the year 1809, is also
from the same quarry.
Sir William Steuart of Grandtully, the first Steuart who
acquired Murthly, made some additions to the tower; and his
son, Sir Thomas, who was the second Steuart of Murthly, consider-
ably enlarged the old castle. The buildings added by Sir Thomas
were chiefly on the east of the original tower. The last Sir George
Steuart, second baronet of Grandtully, pulled down three courts,
which had to be traversed before reaching the inner gate, which, in
the time of Sir George, was kept by a dwarf, named Jemmy, obese
and deformed, who was a curious specimen of the ancient privileged
retainers in Scottish baronial mansions. His duties were to keep the
court from weeds, and occasionally to open the second half of the
gate. He had read much and could write, and these advantages,
which were rarer than they now are, were of service to him. He
was summoned from Grandtully to Murthly to take account of the
number of the fowls which were to be sent by the tenants as rent.
He was also employed to go every post day to bring letters and oral
news. For this purpose a white mule was appropriated for his use.
Jemmy and the mule were not always on friendly terms. On one
xliv IWTRODUCTION.
occasion, the mule being somewhat obstinate, he was seen knocking
it down under him, and then sitting on its head vociferating terrible
abuse, until the animal was subdued, when peace and a lasting affec-
tion ensued. The duties now mentioned not being employment
enough for the active mind of Jemmy, he took to making his appear-
ance in the dining-room, and sat on the floor, giving his opinion and
animadverting with much quickness, sometimes with caustic bitter-
ness, on any remarks he might not like. He used to go into the
bedrooms of the aunts of Sir William, the present proprietor of
Grandtully, before they were up, and converse with them till it was
time to rise. But things changed at the marriage of the late Sir
George Steuart, who often tried in vain to get him out of his way,
and whom he hated, although he was his master. Occasionally the
small servant would not condescend to speak to the Laird. At the
funeral of his master, Sir George Steuart, in 1827, a new black kilt had
been allowed to the dwarf, and he said that this was the most sensible
thing ever done by Sir John Steuart, the heir of Sir George. Eating
and making love to lady's-maids became Jemmy's occupation, and
he died partly from the loss of his sweethearts, on whom he made
verses, and partly from the discountenance of the cook. One of his
love sonnets pronounced a lady's-maid to be,
“The sweetest lass that ere was born
Between Archangel and Cape Horn.”
The dwarf had saved between £400 and £500 from his ministrations
at Murthly.
THE CHAPEI, AT MURTHLY. xlv.
THE NEW CASTLE OF MURTHLY.
The late Sir John Archibald Drummond Steuart of Grandtully
built a new castle at Murthly, a little distant, to the south, from the
old castle; but the mason work only is completed, the interior being
entirely unfinished. The new castle, which was planned by the late
James Gillespie Graham, architect, is of the Elizabethan style of
architecture, and it has a particularly fine effect, the beauty of which
is much enhanced by the grand scale on which the grounds in front
of the castle have been arranged and planted by the present pro-
prietor. Had it been finished according to the original design, it
would have been one of the most splendid mansions in the county
of Perth.
THE CHAPEL OF ST. ANTHONY AT MURTHLY.
The mortuary chapel of the Murthly family is situated about
400 yards to the north of the old castle. It has been used by the
Steuart family as a burying-place since they came to reside at
Murthly. Adjoining it on the west end is a very handsome chapel,
in connexion with the Roman Catholic religion, erected by Sir
William Drummond Steuart in the year 1846, and called the Chapel
of St. Anthony the Eremite.
The designs for the Chapel of St. Anthony, including those for
the altar, and other carved work, and the whole architectural details,
were prepared, and the execution superintended, by Mr. Gillespie
f
xlvi IAWTRODUCTION.
Graham. The altar-piece and other painted decorations were
designed by the late Mr. Alexander Christie, A.R.S.A., and exe-
cuted by him and his pupils in the School of Design of the Board
of Manufactures for Scotland. This chapel, being built on a con-
spicuous site above the banks of the Tay, forms a beautiful archi-
tectural ornament in the landscape, with the old and new castles of
Murthly.
In the year 1850, a beautiful volume, in large folio, was pub-
lished, containing views of “The Chapel of Saint Anthony the
Eremite.” In the Introduction, which explains the nature of the
work, it is stated that, in the decoration of the chapel, the aid of art
has been largely resorted to ; and the series of plates representing the
building, and the principal details of its decorations, are believed to
be of interest to the lovers of art.
THE GROUNDS OF MURTHLY.
The grounds of Murthly present every kind of Highland and
Lowland scenery in the greatest beauty. The views from the summit
of Birnam Hill, and also from many resting-places on the north, east,
and south sides, are scarcely to be surpassed. They take in Dunkeld
and the Athole grounds, and, in the distance, endless forests, with
the Tay and lochs here and there diversifying the prospect, the hills
of Ben-y-gloe and Ben-y-vrakie, and other lofty mountains, enhancing
the grandeur of the scene.
The low grounds of Murthly are ornamented with many broad
THE BARONY OF STRATH BRAN. xlvii
grassy terraces along the banks of the Tay, carriage-drives and wind-
ing walks. From many parts of the terraces, the eye, on looking up
towards Birnam and Dunkeld, is delighted with the great variety
and beauty of the scenery, backed up in the distance by the sharp
peaks of Craigybarns. A prominent object in this scene is the
castellated tower of St. Mary's at Birnam, built about ten years
ago by Lord John Manners, M.P., who has displayed great taste
in the choice of so excellent a site, as well as in the style of archi-
tecture.
THE BARONY OF STRATHBRAN AND CASTLE OF TROCHRIE.
At the time of the encounter between King James the Sixth
and John Earl of Gowrie and his brother at Perth, in August 1606,
commonly called the Gowrie Conspiracy, Sir William Steuart of
Banchry, afterwards of Grandtully, was one of the Gentlemen of
his Majesty's Bedchamber, and on that occasion he rendered him
valuable assistance. In reward for his services, the King appointed
Sir William Captain and Keeper of his Majesty's House of Tro-
quharie in Strathbran, with the orchards and yards, as also Forester
and Keeper of the forests, parks, woods, and hanyings of the lands of
Strathbran, namely, Torquhak, Cambruach, Craignacullich, and Glen-
fyndowr, with the moss of Tomnagrew in Strathbran, and forest of
Glenshee, and bailie of Strathbran. This gift, which is dated at
Holyroodhouse, 16th November 1600, bears that the house, lands,
and office of bailiary formerly belonged to John, sometime Earl of
xlviii INTRODUCTION.
Gowrie, and were then in the hands of the King through his
forfeiture.
The lands and barony of Strathbran are mentioned in charters
at a very early period. Duncan, sixth Earl of Fife, who was Justi-
ciary of Scotland, married Ada, a niece of King Malcolm the Fourth,
and obtained with her in marriage the lands of “Strathbranen” and
others, as appears from the Charter of Malcolm, granted in the year
1160, of which the following is a translation —
“Malcolm, by the grace of God King of the Scots, to the bishops, abbots, earls,
barons, justiciars, sheriffs, officers, and all men of his realm, French, English, and
Scotch, both now existing and to come—greeting : Be it known to posterity, as
well as to those now living, that I have given, granted, and by this my charter, have
confirmed to Earl Duncan, and to his heir who shall be born of his wife Ada, my
niece, Scradimigglock and Falecklen and Radhulit and Strathbranen, and all my
rent of Cattel, in free maritage, in woods and plain, in meadows and pastures, in
waters and mills, and in all liberties of town belonging to the same lands: where-
fore I will and command that Earl Duncan and his heirs shall have and hold the
foresaid lands freely and quietly in free maritage : In presence of these witnesses,
Ernest Bishop of St. Andrews, William Abbot of Strevelin, Osbert Abbot of
Jedburgh, William brother of the King, Countess Ada, Walter Chancellor, Gilbert
Earl of Anegus, Richard of Moreuil, Odonell of Umphravill, Richard Comyn, Philip
of Colvill, William of Burdet, Mathew Archdeacon of St. Andrews, Ness son of
the Countess, Orm son of Hugone, Robert of Quinci—at Edinburgh, the seventh
year of the King's reign.”
The lands of Strathbran continued the property of the Earls of
Fife down to Duncan the twelfth Earl, who in the year 1345
granted a precept to Robert Steward of Scotland, bailie of all the
1 From “The History Ancient and Modern, Sir Robert Sibbald, M.D., new ed. Cupar.
of the Shireffdoms of Fife and Kinross,” by Fife, 1803, p. 228. -
OL.D NAMES OF BIRNA. M. xlix
Earl's lands in Scotland, commanding him to cause to be observed
inviolably in favour of John of Ireland the marches of Murthly and
Strathurde, as fixed in a charter by the Earl. In compliance with
this precept Robert the Steward granted a precept to Duncan, son of
Andrew, the chief forester of Brannan, commanding him to cause the
marches to be observed in terms of the charter and precept by the
Earl." .
In the charter by King Malcolm the Maiden, above quoted, the
lands of Strathbran are included under the name of Strathbranen,
which was thus the original name both of the strath and the river
Bran, and also of the hill and forest of Birnam. The hill of Brannan
terminated the strath of the same name on the north-east ; and the
name of Brannan continued to be used, under slight variations, for
many centuries. Thus, Robert Steward, in a precept to Duncan, son
of Andrew, dated 1345, names him as chief forester of Brannan.”
This is two centuries subsequent to the grant by King Malcolm the
Maiden, and the name of Brannan is still continued.
Wyntoun, in his Chronicle, which was written early in the
following century, also continues the name as Brynnane. In the
original edition of Shakespeare's Macbeth, the poet, slightly varying
the spelling and pronunciation, twice mentions “Byrnane wood” as
coming to Dunsinane. In a contract of sale between Sir William
Steuart and the Abercrombies, dated 9th, 10th, and 18th July 1615,
* Original Charter and Precept at Murthly. * Original Charter and Precept at Murthly.
Printed pp. 1-3, Nos. 1, 2, 3. Printed p. 3, No. 3.
| IAWTRODUCTION.
among the subjects sold are, “All and haill the forrest and month or
hill of Byrnane, with the wodis, Schawis, glennis, scheillingis, and
wodlandis of the samene, with all thair pertinentis, lyand in the
saidis Lordschip of Dunkeld and Shirefilome of Perth.” By the
same contract a separate portion of the hill of Birnam is sold to Sir
William Steuart under the description of “the wode of Byrnane callit
the Ringwode.”
In a charter granted by King Charles the First under his Great
Seal, on 1st March 1644, in favour of Sir Thomas Steuart, Knight,
fiar of Grandtully, part of the subjects thereby conveyed are described
as the wood in Birnan called the Ring; and also the forest and
month of Birman called the hill of Birnan.”
Archbishop Spottiswoode in his History, which was written
during the first half of the seventeenth century, in a notice of
George Brown, Bishop of Dunkeld, who died in 1514, says that he was a
man given much to hospitality, and withal very careful of the Church,
for he recovered to the See the lands of Fordel and Muckarsie, with
the forest of Birnan, which had been alienated before his time.”
The name of Branen or Birnan was continued in the feudal
charters by which the forest was transmitted to the successive pro-
prietors, till the eighteenth century, when the modern name of
Birnam was first introduced, and it has now become a fixed popular
local name.
* Original Extract Contract at Murthly. * The History of the Church and State of
Scotland, fourth edition, folio, 1677, pp. 100,
* Original Charter, ibid. 101.
THE LA WDS OF ST/?A THEAPAAW. li
After the death of Duncan Earl of Fife, King David the Second
made grants to William first Earl of Douglas of the lands of
Strathurd, Logy, and Strathbran, and again of the lands of Strathurd
and forest of Brenan.'
Duncan twelfth Earl of Fife left an only child Isabel Countess
of Fife. Probably in consequence of a claim on the part of the
Crown, as appears from the grants to the Earl of Douglas, she
resigned the barony of Strathbraun, Strathurde, and others, into the
hands of King Robert the Second on 22d June 1389.”
From that date the lands of Strathbran continued the property
of the Crown till 1st May 1499, when King James the Fourth granted
them to Sir Patrick Hume of Polwarth, Comptroller of Scotland, and
ancestor of the Earls of Marchmont.” In the following year Sir
Patrick Hume resigned the half of the lands of Strathbran to Wil,
liam first Lord Ruthven, who had a charter of them from the same
King, dated 30th November 1500."
Strathbran continued the property of the Ruthven family until
the lands were forfeited by them for their alleged conspiracy against
King James the Sixth at Perth, in the year 1600, when the King
granted them to Sir William Steuart, as already mentioned.
Only six years after the gift of the office of Keeper of the Forest
of Strathbran, King James granted a charter to Sir William Steuart
of the lands of Strathbran, comprehending the particular lands therein
* Index of Missing Charters, p. 31, No. 43, John Skene, Clerk-Register, A.D. 1581, p. 9.
p. 36, also No. 43. * Reg. Mag. Sig., Lib. xiii. No. 384.
* “De Verborum Significatione,” by Mr. * 1bid. Lib. xiii. No. 48.
lii IA TRODUCTION.
specified, which were then of new erected into a barony, to be called
the BARONY OF STRATHBRAN. This charter is dated 16th July
1606."
Sir William Steuart, and his son, Sir Thomas, obtained from
King Charles the First a charter, dated at Holyroodhouse 20th July
1633, whereby he of new erected Strathbran into a barony.” Another
charter, of the new erection of the barony of Strathbran, was granted
by King Charles the First to Sir Thomas Steuart on 31st J uly 1638.”
Sir Thomas Steuart, by a procuratory dated at Murthly, 28th
October 1662, empowered Sir James Mercer of Aldie, one of the
Ushers of his Majesty's Privy Chamber, to resign the barony of
Strathbran into the hands of King Charles the Second ; and a resig-
nation was made at the Palace of Whitehall, in that room called the
Privy Gallery in Whitehall, “where the King's Majesty was present in
person,” on 1st June 1663." On that resignation a signature was
superscribed by King Charles, and docqueted by the Earl of Lauder-
dale as Secretary of State, dated 4th June 1663.” But it does not
appear that a charter was expede in terms of that signature, as no
such charter is to be found among the progress of writs of Strathbran.
A separate charter may have been considered unnecessary, in conse-
quence of the erection of the barony of Strathbran, with other
baronies, a few years after, into the barony of Grandtully, as already
explained.
1 Original Charter at Murthly. * Original Signature at Murthly.
* Original Charter, ibid.
* Original Charter, ibid. --. * Original Instrument, ibid.
THE BARONY OF KAERCO IV. liji
The Castle of Trochrie, in Strathbran, stood on the south bank
of the river Bran. It is impossible to say by which of the successive
Lairds it was built. It was occupied by Sir William Steuart, who
obtained a grant of it in the year 1600; and he probably enlarged it
for a residence, as his brother, Sir Thomas Steuart of Grandtully,
was then alive, and resided at the Castle of Grandtully. Sir William
put armorial stones in the castle, but since it was allowed to become
a ruin these have been removed, and all that now remains of the
castle is a circular tower near the river. This tower bears marks of .
antiquity. The ruin is preserved from further destruction by the
care of the present proprietor. Before his time part of it was taken
down to build cottages in the neighbourhood.
When Sir William Steuart was appointed Keeper of the Forest of
Strathbran, in the year 1600, as already stated, the greater part of
the Strath was probably under wood. Old inhabitants of Strathbran
in the last generation said that formerly it was all covered with a
thick forest of large oaks, which extended from Dunkeld to Loch
Kennard, on the barony of Grandtully, a distance of about ten miles.
THE BARONY OF KERCOw.
Besides the three baronies now described, Sir William Steuart
acquired, in or before the year 1627, the old barony of Kercow or
Carcoke, which was situated in the parish of Kinclevin and shire of
Perth. Kercow was erected into a barony previous to the 15th of
May 1387, on which date King Robert the Second granted a charter
9
liv INTRODUCTION.
in favour of Alexander Barclay of Kercow, of the whole barony of
Kercow, which formerly belonged to William of Barclay, his father,
reserving the liferent of the father for the whole term of his life."
Previous to the acquisition of this barony by Sir William Steuart,
it had been the property of Alexander Campbell, Bishop of Brechin.
In the east end of the Church of Kinclevin, there is a large monu-
ment to the memory of that Bishop as “the Laird of Kerco.” The
inscription on the monument is now scarcely legible, but a part of it,
which can be deciphered, states the marriage of the Bishop's two
daughters—the “elder to Sir John Hubleton of Lerwick, and the
younger to the Laird of Weem.” The Bishop is there recorded to
have died in 1608.”
The two co-heiresses of the Bishop appear to have sold the
barony of Kercow soon after his death. In the year 1627, Sir William
Steuart had acquired that barony. On the occasion of the marriage of
his eldest son, Thomas Steuart, with Grizel Menzies in that year, Sir
William became bound to resign the barony of Kercow in favour of
his son Thomas and his spouse, and the heirs-male of their marriage.
Resignation was made in the year 1644, when King Charles the First
granted a Charter of Novodamus, erection, and annexation, under the
Great Seal, in favour of Sir Thomas Steuart and his spouse. The old
barony of Kercow, and also the patronage of the Chantry of Dun-
keld, the Kirklands of Kinclevin, the lands of Easter and Wester
* Original Charter at Murthly. Printed * Second Statistical Account of Scotland,
vol. i. p. 3, No. 4. vol. X. p. 1 136.
THE ABTHA.VERY OF D UI, L. ly
Inchewans, the Ringwood of Birnam, the lands of Wester Balnagaird,
the Tor, the forest of Birnam, the Manse of Ferne in the city of
Dunkeld, the lands of Sloginhole, the Obnies and Wester Burnbane,
Deanshaugh, Bellichragane, Milltown of Innercochill, and others, were
all united into one free barony, to be called the Barony of Carcoke
(Kercow)."
The barony of Carcoke or Kercow, thus extended, was united to
the barony of Grandtully in the year 1671. The Honourable Sir
John Drummond of Logiealmond, who married Grizel, daughter of
Sir Thomas Steuart of Grandtully, obtained from the latter a right to
Findowie in Strathbran, and to the barony of Kercow, as dower, or
as security for dower. Kercow descended to the late Sir William
Drummond of Logiealmond, and was sold by him to the grandfather
of General Richardson Robertson of Tullybelton, the present proprie-
tor of the old barony of Kercow.
THE ABTHANERY OF DULL.
As the lands of Grandtully, Kyltullyth, and Aberfeldy were
situated in the Abthanery of Dull, it may not be out of place to
give some explanation of abthanes and abthaneries, the existence of
which in Scotland at a very early period is rendered certain from
many ancient documents, but about which inquirers into Scottish
antiquities have been somewhat divided in opinion.
The following additional notices of the Abthanery of Dull may
* Original Resignation. Charter, etc., at Murthly.
lvi IVTRODUCTION.
here be introduced. In a confirmation without date, granted by the
Chapter of the Church of Dunkeld, of the donation of the Church of
Dull, with its tithes and oblations, made by Hugh Bishop of Dunkeld,
who flourished in the reign of King William the Lion, to the Priory
of St. Andrews and the canons thereof, reservation is made of a
rent of 20s, which fell to the Chapter of the Church of Dunkeld from
the Abthanery (de abthania) of Dull." A charter of the office of
Bailiery of the Abthanery of Dull, in Athole, was granted by King
David the Second to John Drummond. A charter was also granted
by the same monarch to Donald Macnayre of the lands of Easter
Fossache, in the Abthanery (in abthania) of Dull, in the shire of
Perth.” In an Account of Thomas de Walchop, Sheriff-depute
of Perth, of the contributions of that shire, dated 16th February
1373, are included £5 received by contribution from the land of Glen-
lyune, which is within the Abthanery of Dull. It is added, “Nor is
there any thing from the Abthanery of Dull, because Sir Alexander
Stewart intromitted with the said abthanery, nor did he permit taxa-
tion to be made and contributions to be levied for the King's
necessity.” Robert Duke of Albany, Earl of Fife and Menteith,
Chamberlain of Scotland, received heritably yearly, according to a
charter granted him by the King, 204 merks, or £136 Scots, for the
land of the Abthanery of Dull. In the accounts of that Chamberlain,
rendered at Perth in the years 1397, 1398, 1400, 1403, and 1404,
1 Registrum Prioratus Sancti Andree, p. 296. * Accounts of the Great Chamberlains of
* Robertson's Index, pp. 46, 53, 90. Scotland, vol. ii. p. 71.
THE ABTIIA WEIPY OF D UI. L. lvii
under the head of expenditure, is regularly entered the payment of a
part or of the whole of that sum to the Duke, in terms of the
charter."
It has been supposed that there was formerly an abbey or
monastery in the parish of Dull, from which the Abthanery of Dull
had its origin. The author of the history of the parish of Dull, in the
Second Statistical Account of Scotland, argues, from various circum-
stances, that an abbey was anciently established in that parish. “The
religious structure,” he says, “we imagine to have been an abbey or
monastery of a useful class of monks, being likely of the order of
Tyronenses, who had here a college of industrious artisans, in which
were to be found Smiths, masons, joiners, etc. This conjecture is not
only borne out by the names of different localities in and about the
village of Dull, for which there existed no justifying cause, from time
immemorial, such as Sraid man Gaibh mean, Sraid man Clachairean,
etc., i.e., the Smiths' street, the masons' street, etc.; but there also
existed, and still exists, a popular tradition in this country, that
a college was established here at a very early period, but which was
afterwards transferred to St. Andrews, a tradition which is so far
founded upon fact, that Hugh Bishop of Dunkeld granted the
Monastery of Dull to the Priory of St. Andrews by charter, upon
condition of ‘redditu viginti solidorum qui nos et clericos nostros
contingit de Abthania de Dull.”
“The church or chapel attached to this establishment was dedi-
1. Accounts of the Great Chamberlains of Scotland, vol. ii. pp. 415, 418, 481, 599, 605, 673.
lviii INTRODUCTIO.V.
cated to St. Ninian, the companion of St. Columba, and one of the
fathers of the Scottish Church, but there is not a vestige of it now to
be seen. There is a heap of ruins in the field below Dull, which is
said to be the remains of the Abbey Church, but whether it is that or
the ruins of a pit or tolbooth which was connected with the monastery,
as was frequently the case in those times, is now entirely a matter
of conjecture. The name of the locality tends to confirm the latter
supposition, being still called Ach an Toll-buth, or the ‘tolbooth's field.
“Dull had, and still has, what was then considered indispensable
in all places of importance, a market cross. It is a tall time-worn
stone, placed in a large round socket of the like material, and stands
in the centre of the village. The most remarkable privilege attached
to the monastery was perhaps connected with the erection of this
obelisk or cross. A considerable part of the surrounding ground was
constituted into a sanctuary, or sort of holy-rood, where debtors and
offenders of all sorts were secured from molestation on fleeing to the
above cross or its inviolable precincts.”
It was the church, not the monastery of Dull, as stated in the pre-
ceding quotation, which the Bishop and chapter of Dunkeld granted to
the Priory of St. Andrews. In regard to the jurisdiction which that
Priory exercised over the Church of Dull, it is recorded that, at a
Court held, 14th February 1264, in the reign of Alexander the Third,
by the Prior of St. Andrews, at Dull, in Athole, near a great rock on
the west side of the house of Thomas, vicar, Kolinus, son of Anegus,
shoemaker, and Bridin his son, and Gylis, the brother of the same
TIME A BT/IA VERY OF I) ULL. lix
Kolinus, rendered homage to the prior and convent as their lieges.
The persons in whose presence this was done were Maurius called of
Dull, Ricardus called of Pethkery, canons, Thomas, then vicar of Dull,
Rothryothir, Duncanus, clerk, called Makmulethir, Nicholaus Mak-
duncan, Makbeth Makgilmichel, Ewanyn judex, Gilcolinus Makgugir,
Makbeth Makkyneth, Kennauch Makyny, John son of Rothry, Mak-
rath, priest, and many others whose names are unknown." These
witnesses form a list of curious names, in which it is observable that
& 4
the prefix Mac predominates; and the “many others whose names
are unknown” had probably patronymics as uncouth and unpro-
nounceable as those here given.
Besides the Abthanery of Dull, other abthaneries are noticed in
various charters, such as those of Kilmichael, Madderty, Monifeith, etc.
Mention is made of the land of the Abthanery of Kilmichael, in
Strathardolf, in an agreement between the Abbot and Convent of
Dunfermline on the one part, and John of Inchemartyn, son and heir
of the deceased Sir Alexander of Inchemartyn, on the other, about
the year 1279, in the reign of Alexander the Third. To compose the
dispute between these parties with regard to the land of the Abbe-
thayn of Kilmichael and of Lereuach, which the said abbot and con-
vent claimed as belonging of right to their church of Strathardolf, it
was, by the mediation of common friends, agreed between them that
the abbot and convent should renounce in favour of John of Inche-
martyn and his heirs all right and claim which they had or could
* Registrum Prioratus Sancti Andree, p. 349.
lx INTRODUCTION.
have on the said land, (the tithes, oblations, etc., which by the canon
law are due to the parochial church, being reserved,) for three merks
sterling, which the said John and his heirs should pay annually to
the abbot and convent from the foresaid land of Abbethayn at two
terms annually, namely, one half at Pentecost, and the other half at
the feast of St. Martin, the first term of payment beginning at Pente-
cost, in the year 1279."
The following charters relate to the land of Machranin, anciently
called Abbacia, and to the Abthanery of Madderty. Gilbert Earl of
Stratheryn granted a charter, without date, but between the years
1171 and 1214, for the welfare of his own soul and the souls of Ma-
tilda Countess of Stratheryn, his spouse, and of his father and mother,
and his heirs, to the Church of St. John the Apostle and Evangelist
of Inschaffrin and the canons thereof, of various lands, including
that whole land of Machranin, que antiquitus Abbacia vocabatur.”
King William the Lion, on 5th April, (year not given,) granted to the
Church of St. John of Inchaffery, and to the canons thereof, that
donation which Gilbert Earl of Strathern made to them of that
land of Maddirdyn, which was anciently called Abthane, as a free
and perpetual alms.” From comparing these two charters, it would
appear that, if the lands of Machranin and Maddirdyn are the same,
abbacia and abthania were, in remote times, synonymous terms. Ab-
bacia may have been the original name which was applied to the lands
* Registrum de Dunfermlyn, p. 144. * Registrum de Inchaffery, p. 71.
* Registrum de Inchaffery, p. 26.
THE ABTHANERY OF DULL. lxi
belonging to a monastery or abbey'—probably a Culdee or Columbite
establishment—and after the introduction of the term thane to denote
the holder of certain lands from the Crown, abthane was gradually
substituted for abbacia, to denote lands which were the property of
an abbey. John Bishop of Dunkeld, who was bishop of that diocese
in 1211, granted and confirmed to the same monastery “our land
in Maddyrdyn, which land is called Abthane, at the request of Earl
Gilbert] of Stratheryn, and of his brother Malisius], for redemption
of the souls of us and our ancestors, and of the foresaid Earl G|ilbert],
and his ancestors.” Hugh Bishop of Dunkeld, who succeeded the
preceding Bishop John, for ever freed the abbot and canons of the
same monastery from the cane and custom which the clergy of the
church of Dunkeld had been wont to receive at Maddirdyn, which
Scotice is called Abthane.” Galfrid Bishop of Dunkeld confirmed, 1st
January 1238, the donations made by his predecessors, bishops of
Dunkeld, to the same monastery, of the Church of Maddirdyn and of
the land which is called Abthane of Maddirdyn, and of exemption
from the cane and custom which the clergy of Dunkeld had been
anciently accustomed to receive from that abthane, the bishop reserv-
ing to himself and his successors only one mark of silver annually
from the same abthane.” Similar confirmations in relation to the
Abthanery of Madderty were made by other bishops of Dunkeld.”
* On the same principle bishoprick was ap- included in that district having originally be-
plied to lands belonging to an Episcopal see. longed to the see of Dunkeld.
Thus a part of the parish of Little Dunkeld * Registrum de Inchaffery, p. 73.
was called “the Bishoprick,” from the lands * Ibid. p. 73. * Ibid. p. 72. 3 Ibid. pp. 74-77.
h
lxii IWTRODUCTIO.V.
The Abthanery of Monifeith is also referred to in several charters.
About the year 1220, Malcolm Earl of Angus granted to Nicholas,
son of Bricius, priest of Kerimure, and his heirs, the land of the
Abthein of Monifod (Monifeith), with mills, waters, fields, pastures,
muirs, marshes, fishings, etc.; and this grant was confirmed by his
daughter Maud or Matilda, who, on his death, became Countess of
Angus, about 1242. In 1310, Michael de Monifeith, lord of the
abthanery (dom.pnus abbathanie) thereof, bound himself to pay to the
Abbot and Convent of Arbroath 6s. 8d. Sterling for the toft and croft
which he held of them in the territory of the foresaid Abthanery
(abthanie) of Monifoth, together with half a boll of mustard seed."
The Abthanery of Monifeith seems here to be the same lands which,
in a charter, about 1242 or 1243, were granted by Maud Countess of
Angus to the monks of Arbroath, namely, “the whole lands to the
south of the church of Monifod, which the Culdees (Kelledei) held in
the lifetime of her father, with the whole croft on the east side of that
church, for a free and perpetual alms.”
But besides the abthaneries now mentioned there were probably
others in Scotland, or at least other lands to which the term abthane
was applied. King William the Lion, in his great charter in favour
of the Monastery of Arbroath, dated Selkirk, 25th May, (year not
given but between 1211 and 1214,) confirmed to it various lands and
churches, as a free and perpetual alms, including “the Church of St.
Mary of Old Munros (Montrose), with the land of that church, which
* Liber S. Thome de Aberbrothoc, pars i. p. 278. * Ibid. pars i. p. 82.
THE A BTH A WAERY OF D UI, L. lxiii
in Scotch is called Abthen.”’’ The land here called Abthen appears
to be what is called “terram abbacie de Munros,” in the charter which
King William granted to Hugh de Roxburgh, the Chancellor, in life-
rent, to be held of the Monastery of Arbroath, for rendering three
stones of wax.” If this supposition is correct as to the identity of
the lands, the terms Abthen and Abbacia are here again, as in the
previous instance, applied to the same lands. The monks of the
Priory of St. Andrews also acquired the Abden of Kinghorn, which
was contiguous. There were lands called Abden adjoining the
churches of Ratho, Kettins, and Blairgowrie, and probably also the
Monastery of Lindores, situated on the banks of its beautiful and
romantic lake.”
The preceding documents serve to show that the term abthane
was used to designate lands which were the property of, or connected
with, an abbot or abbacy, perhaps a Columbite or Culdee establish-
ment, under the management of its abbé or superior, for behoof of
the whole brotherhood. Mr. Skene, who had been able to trace only
three abthaneries in Scotland, namely those of Dull, Kilmichael, and
Madderty, supports a very skilful theory, on the ground that these
were the only abthaneries in Scotland. These, he argues, were the
only three, because possessed by King Edgar's youngest brother,
Ethelred, Abbot of Dunkeld, who received from Edgar three thane-
doms, which, in consequence, were called abthanedoms, and to an
* Liber S. Thome de Aberbrothoc, parsi. * Liber S. Thome de Aberbrothoe, pars i. p. 67.
p. 4, et pars ii. p. 539. * Miller's Arbroath and its Abbey, p. 27.
lxiv. INTRODUCTION.
abbot of the royal blood only would such a munificent gift be appro-
priated. But the abthanery of Monifeith, and others since discovered,
tend to shake Mr. Skene's reasoning, founded on the assumption that
there were only three abthaneries in Scotland.”
With these abthanes or abthaneries, an office was connected.
Michael de Monifeith, as we have seen, was Lord of the Abthanery
of Monifeith. Murdoch Steward of Scotland, in a testimonial
granted by him at Perth, 20th May 1392, bears the designa-
tion of Lord of Apthane,” which seems to denote an office
relating to abthane lands. In the charter granted 30th March
1414 by Archibald Earl of Douglas, the Lord Superior, to Alex-
ander Stewart, son of Sir John Stewart of Lorn, Knight, upon
the resignation of the latter of the lands of Grandtully, Kyltullyth,
and Aberfeldy, in the Abthanery of Dull, these lands were to be
held of the granter, for the reddendo specified as due to him, and
for rendering to the lord of the Abthanery of Dull the services used
and wont.” The lord of the Abthanery of Dull was certainly not
the proprietor of these lands, but he had certain rights in them dis-
tinct from those of the proprietor and also from those of the lord
superior. The Earl of Douglas, at the same time, granted a precept
to his bailie of all his lands “infra Apthaniam de Dull,” for infeft-
ing the grantee in the lands mentioned in the Earl's charter."
These documents seem to lend Some support to the opinion of
1 The Highlanders of Scotland, vol. ii. pp. 132, 136, 137. * Vol. i. p. 4, No. 5.
* Vol. i. pp. 143*, 183", Nos. 84*, 106". * Vol. i. p. 7, No. 6.
THE A BTHA VERY OF DUI, L. lxv
Chalmers, author of Caledonia, the accuracy of which has been
often questioned, that the term abthane denoted an office, that it
meant the abbot's thane, in distinction from the king's thane, and
that he was an ecclesiastical bailiff or steward." The fact that
abthane is generally applied as descriptive of land, and not of a
person or office, has led some to conclude that it never denotes an
office. But the documents now quoted would seem to show that
such a conclusion is not well founded. A lay abthane as owner
of an abthanery, either hereditary, or for a term of years, had no
doubt certain duties to perform, some of which were analogous to
those now discharged by official persons, such as sheriffs and
stewards over certain districts of land, in which, however, they have
no ownership. An abthane may thus be regarded both as an owner
of land, and also as an officer, and thus the conflicting theories in
regard to the real position of an abthane may be reconciled. The
subject is confessedly obscure, and it has been frequently discussed
by such as apply themselves to inquiries of this description.
Fordun, in noticing the marriage of Crinan Abbot of Dunkeld
with Beatrice, daughter of Malcolm the Second, the issue of which
was Duncan, who succeeded his maternal grandfather, and who was
murdered by Macbeth, styles him “Abthanus de Dull.” “In some
annals,” he says, “Criman is mentioned, from a mistake of the tran-
scriber, as Abbot of Dull, when abthane would have been the more
correct designation.” And he understands abthane, which he derives
* Chalmers's Caledonia, vol. i. pp. 456, 718.
lxvi INTRODUCTIO.Y.
form abba, father, and thana, numerans, as the superior officer of all
the king's thanes, or a chamberlain who managed the king's rent and
treasury." This explanation is now generally admitted to be incorrect ;
for though there may have been an officer holding the position of the
head of all the royal thanes, who would be simply identical with
Lord High Steward or Seneschal, there is no ground whatever for be-
lieving that abthanus was the name given to that officer. Pinkerton,
in commenting on this passage of Fordun's History, not only objects
to that historian's explanation of abthanus, but denies even the exist-
ence of the Abthanery of Dull. “Who ever heard,” he asks, “ of an
abthane 7 and who knows not that Dull, a village, could not give a
title which was in that age territorial ** Pinkerton had evidently
not investigated this subject, nor had he seen any charters relating to
it. Mr. Skene, in his Highlanders of Scotland,” supposes that Fordun
may have applied the designation of abthanus to Criman by anachron-
ism, before the title came into use, which he takes to have been in
the reign of Edgar, because Crinan possessed that extensive territory
which was afterwards called the Abthanery of Dull. Mr. Robertson
maintains that Fordun was wrong in correcting the title of Abbas
given to Crinan into Abthanus. “The contemporary Tighernach,” he
says, “Wyntoun, and the author of the Chronicle in the Reg. Prior St.
And, (Innes, Ap. 5,) were ignorant that Crinan was known under any
* Fordun’s History, Lib. iv. cap. 43, 48.
* Pinkerton's Enquiry into the History of Scotland preceding the reign of Malcolm III.,
vol. ii. p. 193. * Vol. ii. p. 137.
THE ABTHANERY OF DUI, L. lxvii
other title but that of Abbot.” He adds, “Though Abthanages
are to be met with in the charters, I have never yet chanced to light
upon an Abthame. Such a name in fact would have been simply
applicable to the maor of an abbot instead of the king, the holder
of an ecclesiastical thanage.” But abthane occurs in several of the
charters above quoted.
The terms abthane and abthanery are derived from the Teutonic
word thanage, which appears to have been a district held of the crown,
and the holder of which was called a thane. But the Saxon names,
thane and thanage, when applied to Scottish institutions, did not
exactly express the same thing as in England. The Saxon thane held
by a military service, while the Scottish held in feu-farm. A recent
writer on the early history of Scotland, who has been already quoted,
maintains that in Scotland a thane did not simply mean a landed pro-
prietor, who held his lands of the crown. That he was different from
the lord of the soil, appears from a deed by which King William the
Lion, for the enforcement of the payment of tithes throughout the
diocese of Moray, ordered that “if a villein will not pay his tithes, the
thane under whom he is placed, or his lord, if he has one, shall dis-
train,” etc., from which it is manifest that the thane, though invested
with authority over the villeins, was not the proprietor of the lands
tilled by the villeins.” A Scottish thane was a royal official placed
over the crown or fiscal lands, or districts in immediate dependence
* Robertson's Scotland under her Early Kings, vol. i. p. 111.
* Ibid. vol. ii. p. 444.
lxviii INTRODUCTION.
upon the crown, the collector of the royal rents, accountable for the
appearance of the royal tenantry at the yearly “hosting,” and the
magistrate or chief man of the district committed to his charge."
Buchanan incidentally notices in his History that in his time thanes
of districts began to be called Stewards.”
Such being the meaning of the words thane and thanage, the
terms abthane and abthanery came to be applied to such lands as
originally belonged to an abbot or abbey, and abthane or lord of
abthane, or lord of an abthanery, also came to express the person
who had the management of such lands, their rents, and other rights
connected there with, for behoof of the ecclesiastical establishment to
which they were attached.
From the loss of ancient records it is difficult, or impossible, now
to determine with perfect accuracy the time when these terms were
first introduced into Scotland. An influx of Saxons into Scotland
took place in and subsequently to the reign of Malcolm the Third
(Canmore), who was established on the Scottish throne by an English
army, his reign beginning 3d April 1057, and ending 13th November
1093. But the reign of Edgar (lawful son of that monarch), who,
after having for some time found refuge in the Court of England,
was also placed on the throne of Scotland by the assistance of the
English (1098), three years after the assassination of his brother,
Duncan the Second, (natural son of Malcolm the Third,) by Mac-
| Robertson's Scotland under her Early * vii. 86. Quoted in the Book of the
Kings, vol. i. p. 103. Thanes of Cawdor, Preface, p. xi.
THE ABTHANERY OF D UAE L. lxix
pendar, Earl of Mearns, at the instigation of the usurper Donald the
Seventh, has been more particularly regarded as the era when this
name was first applied to Scottish institutions. It may, however,
be doubted whether so much was done during the reign of Edgar,
which was comparatively short, having been nine years and six
months, in Saxonizing Scotland, as has been sometimes represented.
What has been said on this subject is rather conjecture or theory
than well-ascertained historical truth." -
It is a remarkable fact that thanedoms and abthaneries are rarely
to be met with in the south of Scotland; they are to be found mostly
in the shires of Perth, Angus, Mearns, Aberdeen, Banff, and Moray,
the reason, it is supposed, being that at a subsequent period—in
the reign of King David the First, (1124-1153,) who, from his
strong partiality for Norman institutions, introduced them into
Scotland—the lowlands were rapidly and extensively occupied by
settlers from England, bearing the Norman title of barons, which
supplanted that of thanes, while the titles of thane and thanedom
retained their place in the northern parts of the kingdom, which
were but slightly affected by the changes introduced by that King
into the south of Scotland.
* Robertson's Scotland under her Early Kings, vol. i. p. 185.
lxx
THE FAMILY OF STEUART OF GRANDTULLY.
THE EARLY LAIRDS, A.D. 1400–1600.
IN a preceding part of this Introduction, it has been shown that
the ancestor of the Grandtully family who first held Grandtully as a
separate estate was Alexander Steuart, fourth son of Sir John Steuart,
Lord Innermeath, who died on 26th April 1421, leaving four sons.
The eldest son of Sir John was Robert Steuart, Lord of Lorn, who
was the ancestor of the Lords Lorn and Innermeath. His male
descendants failed in 1625, on the death of James seventh Lord
Innermeath, when the male representation devolved on the descend-
ants of the younger brother of Robert, who was Sir James Steuart,
the Black Knight of Lorn. He was the ancestor of the Earls of
Athole, Buchan, and Traquair—all of the surname of Steuart. The
male descendants of the Black Knight of Lorn failed on the death
of Charles Earl of Traquair in 1861. A reference to the Genealogical
Table will show these descents, and also that the next in order of suc-
cession to the line of the Black Knight was the Grandtully Family,
sprung from Alexander Steuart, his immediate younger brother.
The eight successive generations in this line, from Sir John the
first of Grandtully to William the ninth Laird, present few mate-
rials for memoirs of their personal history. They lived at an era too
early for the preservation of their correspondence, and the notices of
them are chiefly confined to the charters of their landed possessions.

ALEXANDER STE UART, SECOND LAIRD 1416. lxxi
Alexander Steuart, who first held Grandtully as a separate
estate, appears to have been a person of considerable position. As
already shown in the history of the Barony of Grandtully, he was
the cousin and shield-bearer of Archibald fourth Earl of Douglas,
afterwards Duke of Touraine, in France. On the resignation made
by his father, Sir John Steuart, Lord of Lorn, Knight, he obtained
from the Earl of Douglas a charter, dated 30th March 1414, of the
lands of Garnetully, Kyltullyth, and Aberfeldy, in the Abthanery of
Dull. The Earl styles Sir John his beloved cousin, and he also styles
Alexander his beloved shield-bearer and cousin. The charter bears
that the resignation had been made in the presence of the Duke of
Albany, Governor of Scotland. The lands were to be held by Alex-
ander Steuart and the heirs-male of his body, whom failing, by his
father, Sir John, and his heirs whomsoever. Alexander was taken
bound to render service to the Earl of Douglas at his courts on the
hill called the Court Hill, which the Earl thereby reserved for holding
his courts. The grantee was also bound to render to the Lord of the
Abthanery of Dull the services used and wont. This charter is dated
at Stirling, and the witnesses are the Duke of Albany, the Governor
of Scotland, Sir John Steuart, Earl of Buchan, Chamberlain of Scot-
land, Robert Steuart of Lorn, and Sir William Borthuik, Knight,
cousin of the granter. A facsimile of this charter, which is still
entire, and to which the Seal of the Earl of Douglas is appended, has
been made for the present work; and a separate engraving of the seal,
which is a specimen of the many fine seals of the Earls of Douglas,
lxxii IAWTRODUCTIOA.
is annexed to the print of the charter." In the centre of the seal
is the figure of a savage holding in his right hand a club and a
shield with the armorial bearings of Douglas quarterly, first, a human
heart, and on a chief three mullets for Douglas, second, a lion
rampant for the Lordship of Galloway, third, three mullets for
Murray of Bothwel, and fourth, a saltire and chief for Annandale;
and holding in his left hand the helmet, from which issues the crest,
a plume of feathers. In the field is a monogram, probably A. D., for
Archibald Douglas, thrice repeated. The legend on the margin of
the seal is “Sigillum] Archibaldi comitis de Douglas, Dſomijni
Galivydie et Vallis Anandie.”
Two years after, Alexander Steuart, having thus been provided
to Grandtully, married Margaret Hay, sister of John Hay, Lord of
Tullibody, in the county of Clackmannan, who, on 15th July 1416,
granted to him a charter, in which he is designed son of Sir John
Steuart, Knight, Lord of Lorn, of the lands of Banchrie, in the barony
of Tullibody and shire of Clackmannan. The charter bears that the
lands formerly belonged to Christiana of Mure, and had been resigned
by her.” John Hay, Lord of Tullibody, also granted, on 28th July
1416, an obligation to Alexander Steuart, who is therein desig-
nated “my luffit frende Alisandyr Stewart, Squier,” for £126, 13s. 4d.
Scots, “because of maryage of Margarete my sistyr with him.”
Robert Duke of Albany, Governor of Scotland, confirmed the
* Vol. i. p. 6. * Original Charter at Murthly. Printed, vol. i. p. 4, No. 5.
* Original Obligation at Murthly.
THOMAS STE UART, THIRD LAIRD OF GRA.VDTULLY. lxxiii
charter by John Hay to Alexander Steuart, by a charter dated 19th
July 1419, in which John Hay is referred to as then dead."
In addition to the lands of Grandtully and Banchrie, Alexander
Steuart acquired the lands of Carnbo from Christiana of Mure,
Lady of Brintschelis, in her pure widowhood, by a charter dated 1st
June 1419.”
assistance thankfully and often rendered to the granter.
The charter bears to be granted for the counsel and
These transactions show that Alexander Steuart was a person of
The lands of Grandtully and Kiltulloch
which he acquired still form part of the barony of Grandtully. But
the lands of Aberfeldy were sold by Sir Thomas Steuart in the
seventeenth century to the ancestor of the Earl of Breadalbane, who
considerable importance.”
is the vassal of the present proprietor of Grandtully in these lands.
The lands of Carnbo continued to be possessed by the Grandtully
family till within the last few years, when they were sold, to enable
the present proprietor to acquire the lands of Stenton, which adjoin
the barony of Murthly.
Thomas Steuart, who succeeded his father, Alexander Steuart, as
the third Laird of Grandtully, is named in the charter of entail made
1 Original Charter at Murthly.
* Original Charter, ibid.
* The high consequence of the family of
Grandtully in ancient times cannot be more
fully exemplified than by the following fact,
that a farm belonging to the family, in the
now united parishes of Fossoway and Tulli-
bole, although it lies in the centre of the
barony of Carnbo, commonly called Carnbo-
Stewart, which was disjoined from Perthshire
and added to Kinross, still belongs to the
county of Perth, in which, as is supposed, it
was retained, that the whole property of this
family might be kept in that county, where
their principal estates were situated.—[The
Baronetage of Scotland, in British Family
Antiquity, by William Playfair ; London,
1811.]
lxxiv. INTRODUCTION.
by John second Lord Lorn, in the year 1452, of the lordship of Lorn
and barony of Innermeath, etc. He is therein substituted after the
Black Knight, and is called cousin to Lord Lorn.
The fourth laird of Grandtully was Alexander Steuart, who was
served heir to his father Thomas on 2d June 1462. King James the
Third, by a writ under his sign-manual and privy seal at Perth, 8th
July 1470, for the great favour he bore to the blood and surname of
Steuart, not wishing that the heritage to which Alexander Steuart of
Grandtully was born should be given away from the surname, thereby
invested John Steuart, his eldest son, in fee in the lands of Grand-
tully; and that they might remain with his surname, also granted that,
should the decease of Alexander Steuart occur while his son was in his
minority, his mother, Mald Steuart, and her father, John Steuart of
Rannoch, and her brothers, and whomsoever she should be pleased to
appoint, should have the tutory and keeping of her son till he attained
majority. The original grant at Murthly is thus subscribed—
Æ
ſ!)

WILLIAM STE UART, NINTH LAIRD OF GRAWDTULLY. lxxy
William Steuart, the ninth laird of Grandtully, having been
provided by his father to the lands of Aberfeldy, was afterwards,
during his father's lifetime, designated of Aberfeldy. This provision
was probably made on the occasion of his marriage with Lady Isobel
Steuart, daughter of John Earl of Athole. On 25th March 1552,
William Steuart resigned the lands of Aberfeldy into the hands of
Queen Mary, for new infeftment to be made in favour of himself and
Isobel Steuart, his spouse."
The early lairds of Grandtully do not appear to have been ac-
tively engaged in public affairs; and there is little to record of their
connexion with State transactions. William Steuart, the ninth Laird
of Grandtully, was a member of the Parliament or Convention held at
Edinburgh on the 1st of August 1560, by which the Protestant reli-
gion was established.” In this Parliament the Confession of Faith,
as professed by the Protestants of Scotland, was publicly read, rati-
fied, and approved as wholesome and sound doctrine.
A tradition exists that William, the second son of this laird, at
the time of the Reformation, went up to the high altar of Saint
John's Church in Perth, and pulled down the altar and all the orna-
ments. The tradition adds, that such was the unwillingness of the
people to violate the sanctity of the sacred altar, that no one could be
found to undertake it but the son of the Laird of Grandtully. But
the probability is that this act, if performed at all, was performed
* Original Resignation at Murthly.
* Acts of the Parliaments of Scotland, vol. ii. pp. 525-6, et seq.
lxxvi IAWTRODUCTION.
by this laird himself, who appears to have entered warmly into the
Reformation movement. His second son, William, was born only in
the year 1567; and the Reformation having been practically accom-
plished seven years previously, and the iconoclastic scenes enacted
at Perth having taken place at a period even earlier, the son could
not have taken any part in them. This laird of Grandtully lived till
the year 1574.
These early lairds of Grandtully made good matrimonial alliances
with the families of Avandale, Athole, Tullibardine, Menzies, Mercer,
and other Perthshire families.
With Sir Thomas Steuart, the tenth Baron of Grandtully, the
family letters commence. Few of these letters, however, have reference
to public affairs, or even to the personal history of the writers. In
two published histories of the family of Grandtully, it is said that Sir
Thomas Steuart was one of the Commissioners appointed by Queen
Mary in the year 1568 to meet at York with the Commissioners
appointed by Queen Elizabeth, and the statesmen selected as the
adherents of Regent Murray." That Sir Thomas was a Commissioner
for Queen Mary on the occasion referred to, is an old tradition in
the Grandtully family, and in confirmation of this it has been alleged
that one of two portraits of the Scottish Queen preserved in the
family was presented by her to Sir Thomas Steuart, in recognition
of the services which he rendered to her as a Commissioner at York.
1 History of the Surname of Stewart, by age of Scotland, by Sir Robert Douglas, Edin.,
Duncan Stewart, Edin., 1739, p. 185; Baron- 1798, p. 486.
SIR THOMAS STE UART 1574-1610. lxxvii
No written evidence of the appointment of Sir Thomas as a
Commissioner, nor of his acting as such, exists among the Grandtully
Muniments. At the time of the appointment of these Commissioners,
he was not Laird of Grandtully, as his father was then alive, and con-
tinued to be proprietor of Grandtully till his death, in 1574. Sir
Thomas, the heir-apparent of Grandtully, may, however, have been
appointed and have acted as a Commissioner for her Majesty along
with the Bishop of Ross, and several others of her adherents, although
the documentary evidence of the facts may not now be forthcoming.
When an examination of contemporary chronicles was made for
the names of the Commissioners, and the record of their proceedings,
the following notice was discovered: “Wpoun the xxv day of the
said moneth (March) 1570, the Laird of Gairtullye come from
Ingland, fra the Queenis grace of Scotland, to my Lord of Mar and
otheris lordis, for retaining and keeping of her son in Scotland, and
to adheyir to hir and hir assistaris within this realme; and assurit
thame gif thai wald nocht, that the King of France and hir freindis
wald reuenge hir caus, and put hir in hir awne auctoritie in contrair
thair myndis and willis, and that soner nor they belevit.”
In the same work the names of the Commissioners are given
under the date 2d October 1568, as John Bishop of Ross, Gavin,
Commendator of Kilwinning, John Lord Herries, William Lord
Livingstone, Thomas Lord Boyd, the Lairds of Lochinvar, Scirling,
Roslin, and “Gartullie Barclay.”
1 Diurnal of Occurrents in Scotland–Maitland Club, 1833, p. 139. * Ibid.
k
lxxviii INTRODUCTION.
The Laird of Gartullie Barclay, at the date in question, appears
to have been George Barclay of that Ilk, who, on 24th October 1556,
received from the Bishop of Moray a lease of the teinds of the parish
of “Grantuly.” The Barclay family were proprietors of Grantully,
in the parish of that name, now called Gartly, and shire of Banff,
from an early period. Andrew de Barclay, Lord (Dominus) of Gran-
tully and Birkguhill, is a witness to the homage made by Hugh
Fraser, Lord of Lovat, to Alexander Bishop of Moray, on the 12th of
December 1367.” Two years after, the same Andrew Barclay, Lord
of Garnetoly, granted a charter to William of Leith of his lands of
Drumrossy in the Gairoch.”
The Castle of Grantuly, or Gartly, continued to be the residence
of the Barclays down to and after the days of Queen Mary. The castle
is now a ruin, consisting only of a square tower. Queen Mary, on her
return from an excursion to the shires of Inverness and Ross, repassed
through the country of the Gordons, and remained a night at Gartly."
It is thus evident that the Commissioner for Queen Mary, who
is designated “Gartullie Barclay,” was George Barclay, Laird of Gar-
tully, in the county of Banff, and not Sir Thomas Steuart, then
younger of Grantully. This is only one instance among many of
the frequency with which old family traditions prove fallacious when
critically tested by contemporary authentic evidence.
» I
* Registrum Episcopatus Moraviensis, p. * Collections on the Shires of Aberdeen and
407. Banff, vol. iv. p. 720.
* Second Statistical Account of Scotland,
* Ibid. pp. 368, 369. 3. Parish of Gartly, vol. xiii. p. 97.
SIR WILLIAM STE UART-1610-1646. lxxix
Sir Thomas Steuart was a person of considerable influence.
Archibald seventh Earl of Argyll, father of the Marquis, entered into
a bond of manrent, dated 5th April 1603, to his well-beloved cousin
Sir Thomas Steuart, whereby the Earl bound himself to defend him,
and to come to Grandtully with his forces, when necessary, for that
purpose."
The successor of Sir Thomas Steuart was his only brother,
William Steuart, who, from his long official connexion with King
James the Sixth, was in a position to have made a history for
himself. But, unfortunately, few of his letters are now pre-
served. In the history of the baronies of Grandtully, Murthly and
Strathbran, which were acquired by William, some notices of him
have necessarily been given in referring to the grants of these
baronies. He was very prosperous both in his family and in his
possessions. His success in life was, no doubt, so far attributable to
his connexion from infancy with King James the Sixth. The King
was born in the year 1566, and in the same, or in the following year,
William Steuart was also born. The King was crowned on the 29th
of July 1567, when he was little more than one year old. In a grant
of a pension by King James the Sixth to William Steuart, dated 26th
November 1602, it is expressly said to be granted for his long, true,
and thankful service done to the King continually “sen his Hienes
coronatioun.”
From this statement it is obvious that William Steuart had
* Vol. i. p. 106, No. 55. * Register of Privy Seal.
lxxx IATRODUCTIOA.
been selected as a companion for the King even when both were
infants. He became a page of honour to his Majesty, and King
James, “for the gud, trew, and thankfull Seruice done to ws be our
weilbelouit Williame Stewart, oure page of honour,” brother to Sir
Thomas Stewart of Grandtully, knight, granted him, under the Privy
Seal, 8th February 1585, a gift of a yearly pension for life of three
hundred merks Scots, to be uplifted by him from the feu-farm, feu-
mails, teind sheaves, etc., of the Bishopric of Ross."
Letters were also granted by King James, under the Privy
Seal, dated Holyroodhouse, 15th May 1594, appointing him to the
office of gentleman of his Majesty's chamber for life, and granting
him all the honours, dignities, privileges, fees, and casualties belong-
ing to that office, particularly the sum of five hundred merks yearly.
In the letters he is described “oure louit familiar seruitour, William
Stewart, callit of Garntullie.””
During his long services William Steuart was a very faithful
servant and subject of his Majesty, and he received many substan-
tial acknowledgments of his Majesty's gratitude. He obtained from
King James letters of gift, under the Privy Seal, dated Holyrood-
house, 16th November 1600, formerly quoted, which embraced four
distinct grants. These were—the liferent of the forty-shilling land
of Tomnagrewe for the yearly payment of £5 Scots; the office of
captain and keeper of his Majesty's House of Troquharie, in Strath-
bran, etc.; the office of forester and keeper of the forests, etc., of
1 Original Grant at Murthly. * Original Appointment, ibid.
SIR WILLIAM STE UART 1610-1646. lxxxi
the lands of Strathbran; and the office of bailie of the said lands of
Strathbran." In the letters of gift he is designated “William Stewart
of Banchrie, brother of Sir Thomas Stewart of Grandtully, knight,”
22 gº
“our trustie and weilbelouit seruitoure,” “gentelman in Oure chal-
mer,” and they were made to him in consideration of his “lang, trew,
and thankfull seruice heirtofoir done to ws,” “and for his lang con-
tinewing in oure seruice and spending of his tyme thairintill, and for
his lait seruice done, being at the preserving of oure persoun fra the
lait conspiracie of vmduhile Johnne, Sumtyme Erle of Gowrie, and
Maister Alexander Ruthuen, his brother-germane, devisit be thame
within the burgh of Perth, vpoun the fyft day of August last bipast.”
King James granted, by letters under the Privy Seal, dated
Holyroodhouse, the same 16th November 1600, to “oure daylie
seruitoure, William Stewart of Banchrie,” a liferent of two chalders
of oats out of the lands of Schirrestown, as his fee for discharging his
office as bailie of the lands and barony of Strathbran.
The gift of the forty shilling land of Tomnagrewe, made by
King James to William Steuart, could not take effect, inasmuch as a
tack of that land had been granted by the deceased William Earl
of Gowrie, father of the late John, sometime Earl of Gowrie, to
the deceased Alexander Ruthven of Freland, for two liferents
and nineteen years longer. His Majesty, therefore, on being credi
bly informed of this tack, granted to William Steuart, 30th July
1601, in liferent, the town and lands of Little Trochrie, then occu-
* Original Letters of Gift at Murthly.
lxxxii INTRODUCTION.
pied by Katherine Craigingelt, and her sub-tenants, in the barony
of Strathbran."
In or before the year 1606, William Steuart was dignified with
the honour of knighthood by King James. His Majesty still farther
rewarded the good and faithful services rendered to him by his well-
beloved familiar servant, Sir William Steuart of Banchry, knight,
gentleman of his Privy Chamber. Having, in the Parliament held
at Perth, in July 1606, with the advice and consent of the Three
Estates of the Kingdom, disjoined and separated from his crown and
the patrimony thereof, the lands and barony of Strathbran, his
Majesty, in consideration, among other things, of a certain sum of
money, in name of composition, granted to Sir William Steuart, a
charter of the lands and barony of Strathbran, which had been let to
him in feu-farm, and thereby also erected, united, and incorporated
them anew into one barony, to be called the barony of Strathbran.”
Sir William was appointed by King James the Sixth, by a letter dated
2d April 1610, to attend a meeting of the General Assembly of the
Church of Scotland, to be held at Glasgow, on the 8th of June that
year, “in regarde of your knowne affection and love to the weill and
peace of that Church, and of the manie good proofes we have had of
your forwardnes in our service.” He seems, however, to have taken
little part either in political or in ecclesiastical affairs. He chiefly
confined himself to the duties of his office at Court, and if he did
not rise so high as the political favourites of the King, he was left
1 Original Gift at Murthly. * Original Charter, ibid. * Vol. ii. p. 134, No. 80.
SIR WILLIAM STE UART 1610-1646. lxxxiii
more at leisure to attend to his own private affairs, to extend and con-
solidate his landed estates, and to set out his family in the world, which
he did with considerable success. Douglas, in his Baronage, after
noticing several of the Crown charters of baronies in favour of Sir
William, adds that he appears to have had “vast possessions in land.”
After the death of King James the Sixth, Sir William Steuart,
it is probable, was relieved of his duties at Court; and although then
well advanced in years, he was, in 1630, appointed by King Charles
the First to the important office of Sheriff-principal of the shire of
Perth for one year. This appears from the following letter, addressed
by the Lords of the Privy Council to Sir William on the occasion —
“After our verie heartilie commendaciouns—Whereas the King's
majestie hes made choise of yow to be shireff principall of the shiref-
dome of Perth for the yeere to come, These ar thairfoir to requeist
and desyre yow to make your addresse heere to his Majesteis coun-
sell vpoun the aucht day of September nixt, to accept the office vpon
you, and give your oath for faithfull administratioun thairof, quhilk
looking assuredlie yow will do, we committ yow to God. From Haly-
rudhous, the twentie seven day of July 1630.
“Your very good freinds—
“WINTOUN. MORTON. LINLITHGow.
ANNANDAILL. MONTEITH. SEAFORT.”
“To our right trust freind the Laird of Garnetullie.”"
* Original Letter at Murthly.
lxxxiv. I.VTRODUCTION.
He was reappointed to the same office by the gift of King
Charles the First, dated 17th September 1634.”
Sir William Steuart married Agnes Moncrieff, daughter of Sir
John Moncrieff of that Ilk; and they had a family of five sons and
one daughter. The eldest son was Sir Thomas, of whom a full
memoir is here given. The second son was Sir William Steuart, who
was provided by his father to the lands of Innernytie, in the parish
of Kinclevin. Sir William Steuart died in March 1672, and was
interred on Tuesday, the 19th of that month, in the family burial-
place in the Kirk of Kinclevin, the funeral taking place at 9 o'clock
in the morning.” His grandson, John Steuart of Innernytie, headed
the clan of his family in the insurrection in the year 1715, for which
he was attainted, and his estate forfeited to the Crown. He married
Mary Mercer, daughter of Sir James Mercer of Aldie, by whom he
had an only child, Ann Steuart, who married David sixth Viscount of
Stormont. From the marriage of Ann Steuart with David Wiscount
of Stormont the present Earl of Mansfield is lineally descended :
and he is the heir-general and representative of the Steuarts of
Innernytie. He is the proprietor of Innernytie by purchase.
The third son of Sir William Steuart and Agnes Moncrieff was
James, who appears to have died young, as he was not, like his
brothers, provided to any estate, and there is no trace of his being
married or having descendants.
* Original Appointment at Murthly.
* Original Funeral Letter, dated Perth, 11th March 1672, signed J. Stewart, at Murthly.
SIR WILLIAM STE UART 1610-1646. lxxxv.
The fourth son of Sir William Steuart was Mr. Henry Steuart,
advocate, who was prebendary of Fungorth in the year 1655. He
married Mary, daughter of Colin Campbell of Aberuchil. He was
the father of Sir Thomas Steuart, Lord Balcaskie ; and carried on
the line of the family, as afterwards shown."
The fifth and youngest son of Sir William Steuart was John
Steuart, who was provided to part of the lands of Fungorth, and
the lands of Balleed, in the county of Perth. He was first designated
of Fungorth, and afterwards of Balleed. By his wife, Isabel Steuart,
daughter of James Steuart of Ladywell, he had two sons and two
daughters. The sons were—William, his heir, and James, who was a
writer to the signet. The daughters were—Margaret, who married
John Steuart of Balnakellie, and Anne, who married Alexander
Menzies of Rotmell, brother to Menzies of Weem. William Steuart,
who succeeded his father as laird of Balleed, married Marjory Menzies,
daughter of Colonel James Menzies of Kildares, by whom he had
four sons, John, advocate; Archibald, doctor of medicine; Patrick,
a merchant in Edinburgh; and William, who all died without sur-
viving male issue ; and three daughters.
1 In several published accounts of the
Family of Grandtully it is stated that Henry
Steuart was younger than his brother John.
But this is a mistake. In the Procuratory
which was made by Sir William Steuart on
19th December 1622 for resigning the Barony
of Grandtully for new infeftment in favour of
himself and his sons, the sons are enumerated as
Thomas the eldest, William the second, James
the third, Henry the fourth, and John the
youngest.—[Original Procuratory at Murthly.]
John Steuart is also called youngest lawful
son of Sir William in the contract between
Thomas Abercromby and Sir William for the
sale to the latter of the half of Dalbeattie,
dated 17th September 1622.—[Original at
Murthly.]
|
lxxxvi INTRODUCTION.
The only daughter of Sir William Steuart was Grizel, who, on
18th March 1608, received from King James the Sixth a charter
under the Great Seal of the wood of Ordis and Craigwood, which
formerly was part of the patrimony of the prebendary of Fungorth.'
Grizel Steuart died unmarried, before 10th August 1614, on which
date a precept was issued from Chancery for infefting her brother
Thomas Steuart as heir to her in the said two woods.”
Agnes Moncrieff, Lady Steuart of Grandtully, survived her hus-
band, Sir William, and was living in 1656.
An original portrait of Sir William Steuart, painted with oil on
panel, is preserved at Murthly. It bears the date of the year 1613,
and is remarkable for the dress in which, according to the fashion of
the time, Sir William is painted. A lithograph of the portrait is
given in this work. The silk coat, which is so carefully slashed in
the sleeves, is still preserved at Murthly. The breadth of linen and
laced ruffles round his neck is quite equal to the general display of
Queen Elizabeth in that article of dress. His fancy for finery in
dress had no doubt been learned at Court, and his son and grandson
continued to dress in remarkable costumes.
* Original Charter at Murthly. * Original Precept at Murthly.
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lxxxvii
SIR THOMAS STEUART OF GRANDTULLY, KNIGHT-
1646–1688.
Sir Thomas Steuart was the eldest son of the marriage of Sir
William Steuart and Agnes Moncrieff, daughter of Sir John Mon-
crieff of that Ilk. He was born about the year 1608. On the death
of his father, Sir William, about the year 1646, he succeeded to the
baronies of Grandtully, Murthly, and Strathbran. Having survived
till the year 1688, he was thus in possession of these baronies
nearly half a century, and during that long period he appears to
have managed his landed estates with considerable success. Much of
his correspondence has been preserved, and it forms the largest sec-
tion of the letters printed in the present collection. It commences
in 1638, eight years before his succession to his father, while he was
heir-apparent, and it is continued till the year of his death, in 1688,
thus extending over a period of half a century.
The earliest letter to Sir Thomas is from his kinsman, John first
Earl of Traquair, requesting him to attend the Marquis of Hamilton,
who had been appointed his Majesty's Commissioner to the General
Assembly, which met at Glasgow in 1638."
Highly displeased with the proceedings of that Assembly, Charles
the First, in the following year, declared the Covenanters rebels, and
immediately levied an army, at the head of which he marched towards
* Vol. ii. p. 136, No. 83.
lxxxviii INTRODUCTION.
Scotland to subdue them, setting up his standard at York. In Self-
defence the Covenanters raised an army of between 26,000 and
30,000 men, of which they appointed Sir Alexander Leslie of Bal-
gonie, general." The Covenanters' army came near the border, and
encamped on Dunse Law, whilst the Royal army lay on the Birks of
Berwick-on-Tweed. A pacification, however, was concluded, and
signed by the King, and then by the Commissioners on both sides,
on the 19th of June 1639, and both armies returned without the shed-
ding of a drop of blood.
The noblemen, gentlemen, burgesses, and others of the shire of
Perth, were recommended by the General Council of War, or General
Committee of War, sitting at Edinburgh, to elect some worthy and
able man to be Colonel, in that war, of the shire of Perth, and over
all the inhabitants thereof. In compliance with this recommendation,
and for the maintenance of our National Covenant, “Actis of Assem-
blie maid at Glasgow in the moneth of November 1638 zeires, puritie
of religioun, the laudable lawes, liberteis, and freedomes of this king-
dome,” they, at a meeting held at Perth on the 2d of May 1639, six
weeks before the Pacification, elected and constituted James Earl of
Montrose to that office, during the whole time of the said war, grant-
ing him all the honours, prerogatives, and privileges belonging thereto,
and further, faithfully promised to obey him and his officers in matters
of military discipline, furnishing men, victuals, arms, bestial, moneys,
and all other things necessary or requisite for maintenance of that
* Balfour's Annals, vol. ii. p. 324.
SIR. THOMAS STE UART 1646-1688. lxxxix
war, as they should be required, with their persons, lands, rents, goods,
tenants, vassals, and servants, proportionally according to their estate
and rents, as they should answer to God Almighty, and under pain of
incurring the punishment of military discipline."
This appointment has appended to it numerous signatures,
among which appears the name of “T. Steuarte,” the handwriting
being that of the subject of this sketch.
In this quarrel Sir Thomas, however, although thus committed,
showed, according to reports current at the time, a disposition
to hang back from the support of the Covenanters. This drew
from the Earl (afterwards Marquis) of Argyll, who was distin-
guished for the fervour of his zeal in the cause, a gentle admoni-
tion and an earnest inculcation of duty, in a letter written to him
before the pacification between the King and the Covenanters, above
referred to, was concluded, dated 4th June 1639. In this letter,
after alluding to divers reports made of Sir Thomas's unwilling-
ness to favour the cause then in hand, being the defence of reli-
gion, the crown, and country, the Earl earnestly requests him to
be an example to other gentlemen, by diligently performing the
orders given him by the Lord-General and some of the Estates of
the kingdom.” What these orders were is not stated in this letter,
but it is certain, as we shall afterwards see, that he did not obey
them. At that time James fifth Earl (afterwards Marquis) of Mon-
trose, who was then zealous for the Covenant, was marching towards
* Original Appointment in Montrose Charter Chest. * Vol. ii. p. 137, No. 84.
XC INTRODUCTIOA.
Aberdeen with a force to oppose the inhabitants of that town, who
had taken up arms against the Covenanters—the only burgh in
Scotland which did so ; and perhaps Argyll's letter referred to that
expedition. But whether it did so or not, the Earl of Montrose wrote
a letter to Sir Thomas Steuart from Dunnottar, dated 7th June 1639,
desiring him, with all the people that he could muster, to accompany
the Earl of Athole, whom Montrose had also desired to bring with
him all the forces of the Highlanders he could collect for that service.
That Sir Thomas was reluctant to embark in that undertaking may
be inferred from the threatening tone in which Montrose concludes
his letter:-" As for these that are unwilling, and refractarye, he
[the Earl of Athole] has warrand to take such order with them as he
shall think expedient.”"
Sir Thomas, it is probable, was not more obedient to the com-
mands of Montrose than he had been to those of Argyll. How averse
he was to take an active part on the side of the Committee of Estates
against the King is also apparent from a letter written to him by
the Earl of Argyll, from Edinburgh, 30th May 1640, after the war
had been renewed between the King and the Covenanters. Hearing
how strongly Sir Thomas was censured by the General and Committee
for not giving satisfaction to their reasonable desires in going on to
obey the common instructions for subscribing the general band, and
doing such other things as were required thereby, the Earl thought
good, out of his respect for and interest in him, to desire him in time,
1 Vol. ii. p. 138, No. 85.
SIR THOMAS STE UART i 646-1688. Xci
before some hard course should be taken with all such as were
refractory, to give content to the Estates, “and the rather,” he adds,
“that I be not chairged with any thing which may prove greivous to
my friendis.”
Sir Thomas's father, Sir William, was not less reluctant than his
son to aid the Committee of Estates in prosecuting the war against
Charles the First, though from their great and seemingly irresistible
power he did not venture to oppose them. He murmured at the
heavy burdens imposed by the Committee of Estates for conducting
this undertaking. The general, Sir Alexander Leslie, felt and ex-
pressed himself disappointed that Sir William did not send one
of his sons to attend him. Sir William, in a letter to his son Sir
Thomas, 28th July 1640, complains that he could hardly afford to
send his son James, since he could scarcely obtain money to give to
those whom he was forced to send, and new burdens were daily im-
posed. He had been shown an Act of Parliament to the effect that
all who had money concealed, and who would not lend it for the
public service, were liable to incur its forfeiture, upon its being dis-
covered, and whoever revealed it was to obtain the half of it. “As
for my self,” he adds, “I caire nocht whatt they mey doe; they sall
haue pattent dores open whomever they please to send to reape and
sie quhatt they find.”
As the civil war proceeded, Sir Thomas's backwardness to sup-
port the cause of the Committee of Estates continued. This is mani-
* Vol. ii. p. 138, No. 86. * Vol. ii. p. 139, No. 87.
xcii INTRODUCTION.
fest from the following letter addressed to him about four years after
the date of the remonstrance of Argyll —
“HoNORABILL SIR,-Ithawght to hawe mett with yow befoir yowr
going out of the town. I am directit to mak ane count of my dili-
gence on Munday, and to give in thes that are defisient. I shall be
loth either to bring yow in heiring or to trubill yowr lands with quar-
tering, or according to my leat varrant to exact four hundreth merkis
for yowr hors as deftisient, quhilk ye vill be declar'd to be efter my
oup-giving of yow with the rest. Quhairfor Ivald intret yow to tak
sum spidie cowrs theranent befoir that tyme to give me, and so the
Comittie, contentment. So expecting yowr answer, I rest,
“Yowr affectionat freind and servant,
“Perth, 16 of May 1645. J. BLAIR.”
“To the Right Honourabill the Laird of Gairntullie, younger—Theiss.”
But whilst the repeated remonstrances and threatenings addressed
to Sir Thomas bespeak a strong disinclination on his part to mingle
himself with the Marquis of Argyll and the Committee of Estates in
their quarrel with the King, it is to be observed that when Montrose
deserted the Covenanters and raised an army on behalf of the King,
whose interests he thenceforth maintained with all the impetuous
ardour of his character, Sir Thomas did not give him any assistance ;
and indeed he was indebted to the Marquis of Argyll for the protec-
* Original Letter at Murthly.
SIR THOMAS STE UART 1646-1688. xciii
tion of his house of Grandtully in these unsettled times. This we
learn from a letter written to him by Argyll, dated 17th August 1645,
from Burntisland, where, after his defeat at the battle of Kilsyth, on
the 15th of that month, he had taken refuge : “Upon some conside-
ratioune I have resolved to remov my people in your house of Garne-
tully to Campel.” And from the opening sentence of that letter,
“I am confident the late disaster our armey receaved will not dis-
courage Zow,” it is evident that the Marquis of Argyll claimed him
as an adherent." Yet Sir Thomas does not appear to have taken an
active part on the side of the Marquis any more than on that of the
other party.
The real explanation seems to be, that Sir Thomas's personal
feelings were secretly in favour of the Royalists, in opposition to the
Committee of Estates, but that, overawed by the power of Argyll, and
actuated by a prudent caution for which he was remarkable through-
out life, he did not actively support the Royalists, and yet was
reluctant to assist Argyll's party, who were anxious to claim him
as a supporter ; a policy which gave to his conduct a doubtful or
vacillating aspect, that excited the suspicions of the leaders of the
Covenanters, and drew from them sharp reprehension and even direct
threatenings.
Three days after the defeat of the Covenanters under Argyll at
Kilsyth, a letter was written to Sir Thomas by one of the colonels
of the forces of the Committee of Estates, dated at Perth, 18th
* Vol. ii. p. 142, No. 89.
7??,
xciv INTRODUCTION.
August 1645, in which occurs the following paragraph, relating evi-
dently to the party of soldiers referred to in Argyll's letter just
quoted, who, under Colonel Dennisoun, were protecting the house of
Grandtully:-" Please to receave frome the bearar ane letter derected
to zow frome my Lord Marques, and this inclosed obleisment, quhilk
if it be zowr will ze may subscryve, and lett it be derected to Leu-
tennent Dennisoun, to Zour hous of Garnteillye, this nycht, failying
theroff he must fulfill quhat Ordoris he has receaved from the
Leutennant-Generall.”
At the old castle of Murthly, the officers of the army of the
Committee of Estates were hospitably entertained. We obtain a
glimpse of what sometimes took place there from an agreement, by
way of frolic, dated Murthly, 3d May 1647, between Lieutenant-
Colonel John Innes and Sir Thomas Steuart, when on one occasion
that Colonel, Mr. Andrew Moncrieff, Captain James Colvill, and
Major George Meldrum were present as guests, the three last being
witnesses to the agreement. Colonel Innes bound himself, if Sir
Thomas, from that date to 1st May 1648, did not drink more than a
quart of ale every day, with a moderate quantity of aqua vita for
his health, to give him the best beaver hat and band of gold in Edin-
burgh. Sir Thomas, if he failed in this, bound himself to give the
Colonel two such hats and bands, whilst the Colonel was to drink not
more than a quart of ale in a day, nor any other strong drink, “two days
being reserved, either at the christening of or marriage of any of his
1 Original Letter at Murthly.
SIR THOMAS STE UART-1646-1688. XCV
own children.” Thus did Sir Thomas adroitly gain the good graces
of the generals of the Committee of Estates, and turn the talk far
away from the civil and ecclesiastical questions of the time, with
which he did not care to entangle himself.
About the end of the year 1648, a party of troops, under the
command of Hew Nicoll, came to, and lived at free quarters, on the
lands of Sir Thomas, on the alleged ground that he had not paid the
amount of money expected or required from him by the Committee
of Estates. He complained of this to Nicoll, whom he stigmatized
as an oppressor, asked from him a warrant for the removal of the
party, and threatened him with the censure of the Committee of
Estates. Nicoll, in his reply, vindicated, in terms not very deferen-
tial, what had been done by the soldiers, inasmuch as Sir Thomas
had not paid his proportion of the money required for the public
service ; bade defiance to his threat to summon him before the Com-
mittee of Estates; and gave him only a few days for payment of
his account, failing of which he might expect to be put to greater
trouble, by a party of soldiers, than he had yet experienced.”
James Menzies, a lieutenant-colonel in the Marquis of Argyll's
regiment, was also rigorous in his exactions, according to the instruc-
tions of the Committee of Estates, and Sir Thomas, who still required
prompting, was warned in the following letter of the danger likely to
ensue to himself and his house if he did not obey the orders which
had been given by the Colonel:—
1 Vol. i. p. 114, No. 61. * Original Letter at Murthly.
xcvi INTRODUCTION.
“RYCHT HONOURABILL,~I have thoght gude to acquent [zou] of
the danger that ze will sustein if ze give not obedience to the Live-
tenent Collonell his letter, quhich will be a distructione to that house,
and it sould be my earnest desyre that ze wold prevein the samen.
In Soe doeing I rest,
“Zoure lowing freind and servand,
“Menzies, 19 August 1649." JA, MENZIES.”
Colonel Menzies, by his rigorous proceedings in various places
to which he came with his troops, had created much dissatisfaction;
and Sir Thomas, who, like others, considered himself aggrieved by
that Colonel, made complaints, and instituted inquiries respecting his
conduct.
In answer to inquiries respecting Colonel Menzies's exactions,
John Blair of Lethindie wrote to Sir Thomas from Lethindie, 23d
February 1650, informing him that, at the command of Colonel
Menzies, Captain Dougall Campbell, without advertising him, came
upon him with eighty soldiers, the second day after the Committee of
the shire of Perth had ordered an exaction of £100 for a foot soldier
on proprietors of land of a certain extent, and told him that he
would not remove them for twenty days to come unless he paid him
4,100 ; so that Blair was forced, as they injured his whole ground, to
pay what was demanded, whereof he had sent the discharge to Sir
Thomas.” Nairne of Cragie wrote a like answer, dated Cragie, 23d
* Original Letter at Murthly. in the following terms:—I, Captaine Dowgall
* Original Letter, ibid. The Discharge is Campbell, under the command of Livetenent
SIR THOMAS STE UART 1646–1688. xcvii
February 1650, to similar inquiries on the part of Sir Thomas, saying
that he would testify under his hand, and prove it by the laird of
Aldie's man, James Menzies, that he delivered to one Sergeant Orrock,
one of Colonel Menzies's officers, £63, 6s. 8d. ; and that had he had
more, they would have exacted from him a larger sum."
In answer to a complaint against Menzies made by Sir Thomas,
William Steuart, his relative, wrote to him the following letter:-
“RYCHT HONOURABILL CovsING, When Menzies gott that order
from me, I knew not your interest ther. Withall he told me that
they were bot to stay some few days, till he was redie to goe to the
Isles for listing my lord Argyll his regiment, bot since he hes not
ansuered his undertaking, bot thinks to make my warrand a cloake
to his oppressione, receaue heir inclosed ane order for ther marching
from thence. This is all I haue to say att present. With my loue
and Seruice to your Lady, my ant, I rest,
“Your honoring Covsing and Seruant,
“Perth, the 24 of Januar 1651. WILL STEUART.”
“For his much honored Cowsing, Sir Thomas Steuart of Gairntillie
—Theis.””
Collonell James Menzies, in my Lord Argylis day of 1648, quhilk I grant me to
regiment, grantis me to haue receavit fra haue resauit full contentment be this my
Johne Blair of Lethindie and James Blair, discharg, subscrivit with my hand at Lethin-
his brother, the Soume of ane hundreth die, the 6 of November 1648. Dow. CAMP-
pundis mony for the outraiking of ane man to BELL.—[Original Receipt at Murthly.]
the said regiment, according to the ordovris * Original Letter, ibid.
of the Committie of the shyre at Perth, the * Original Letter, ibid.
xcviii INTRODUCTION.
This last letter was written shortly after Charles the Second was
crowned at Scone 1st January 1651. But the complete victory gained
by Cromwell at the battle of Worcester on the 3d of September that
year entirely prostrated, in the meantime, the power of Charles,
and Scotland was reduced to total subjection by the conqueror, who
rapidly quelled all opposition, and established order and tranquillity.
To resist the English Commonwealth was now hopeless, and Sir
Thomas Stewart of Grandtully, like many others, submitted to the
new Government. A letter in reference to the redress of injuries done
to his lands and tenants, apparently by some of Cromwell's troops,
was addressed to him by one of Cromwell's officers, James Denning,
dated Balloch, 3d March 1654. “I receaved yours,” says the writer,
“with the General’s, wherein I am ordered to take cognizance of
your wast lands and losses. I am also prescribed a way that one
tennant shall depone for another. This way will be verie trublesome
and chargable in regard of the distance this garrison is from you.
Sir, if you please to name the time and the place, when and where I
shall meete yow and yowr tennants, I shall be verie readie to wate
vpon yow.”
Archibald Lord Lorn, eldest son of Archibald first Marquis of
Argyll, and afterwards ninth Earl of Argyll, having been excepted
from the benefit of Cromwell's general indemnity to the Scots, in
consequence of the effect with which, in support of Charles the
Second, he had opposed the forces of the Parliament and the new
* Original Letter at Murthly.
SIR THOMAS STE UA RT -1646. 1688. xcix
Government; and having been required, on his submission, to find
sureties, bound jointly in the sum of £5000 for his peaceable deport-
ment, he applied, 6th June 1655, to Sir Thomas to become one of
his sureties."
Cromwell having restored the office of Justice of the Peace,
which James the Sixth had introduced, but to which he had never
been able to give efficiency, Sir Thomas Steuart was invested with
that office. In the year 1656 he appears acting as a justice of the
peace, and as a commissioner for raising the cess in the shire of Perth,
under Cromwell's government. Robert Andrew, clerk to the Com-
missioners of the Cess, in a letter to him, dated Perth, 14th May 1656,
accompanied with an abridgment of the Session's resolutions and
the intimation concerning the valuations of property and the cess,
addresses him —“For the right worshipful the Laird of Garntully,
one of his Highnes Justices of Peace and Commissioner of Asess in
Perthshire.”
After the restoration of King Charles the Second in 1660, it
might have been expected that Sir Thomas would have found little
difficulty in securing the favourable consideration of the new Govern-
ment. He was in heart a royalist. He had never been a zealous
Covenanter or Parliamentary man, nor had he been an active pro-
moter of the Government of Cromwell. He had, indeed, when it was
in vain to attempt to resist, submitted to that Government, and had
acted as a justice of the peace under it ; but many who were cor-
1 Vol. ii. pp. 150, 151, Nos. 95, 96. * Original Letter at Murthly.
C IWTRODUCTION.
dially attached to the house of Stewart had been equally submissive.
This, however, gave his adversaries an opportunity, which, it will
be seen, they industriously improved, of traducing him to serve
their own private ends; and when, almost immediately after the
Restoration, the intention seems to have been formed by the
Government of inflicting fines upon such as had resisted the royal
authority during the civil war that preceded the execution of King
Charles the First, or such as had been active in supporting the
Government of Cromwell, it was intended to include Sir Thomas
among the number, though this description did not properly apply
to him.
Sir James Mercer, his son-in-law, being at Court, had the means of
knowing what was secretly going on there, and a few months after the
Restoration he wrote to Sir Thomas a letter from London, 2d August
1660, expressing his apprehensions that fines would be inflicted by
the ensuing Parliament on obnoxious parties, and that Sir Thomas
would probably be included in the list of the selected victims. “I
intend,” says he, “God willing, to take journey the next week for
Scotland, and I think it is best ye stay now till the Commissionares
be chosen to the Parliament, which sittes the 12 of October,' for wron
that dependis much, Seing the Committee of Estates has no power
of fyning or forefaulting. Ther is aspersions woon many heir, and
1 The first Parliament of Scotland, in the Edinburgh, John Earl of Middleton being his
reign of Charles the Second, was not held Majesty's Commissioner.—[Acts of the Par-
till the 1st of January 1661, when it met at liaments of Scotland, vol. vii.]
SIR THOMAS STE UART 1646-1688. ci
wpon yow in particular, and your brother, Sir William, that ye sould
haue receivit money from Colonell Daniell, or sume of the officers,
and delyvered it agayne to Sume of ther intelligencers or freindis,
and this they say will be made out, which I boldlie contradicted, and
am confident of the contrarye.”"
The first session of Parliament which met in the beginning of the
year 1661 closed without any measure for inflicting fines having been
introduced. But the project was too tempting to those who expected
to participate in the plunder, to be allowed thus quietly to rest. It
was apparently delayed simply to give the Government more leisure
to select their victims, and to make the measure more productive
than it could have been had it been hastily adopted.
Sir James Mercer, in a letter to his father-in-law, Sir Thomas,
dated 12th December [1661].” after referring to the obstruction offered
by the Earl of Lauderdale to the success of an application which Sir
Thomas had made to the King, in reference to a matter not stated, in-
forms him of the activity of his enemies in maligning him, and returns
to the old topic of the fines to be inflicted by the Parliament. “As for
that ye wreat of,” says he, “I wreatt to yow tuyse that the King is
willing, and my difficultie layes with the Erle of Lautherdale, for ther
is no seeming to doe any thing without him, who has the drawing wo
* Original Letter at Murthly. consecrate on Sonday nixt, to witt, St. An-
drois, Glasgow, Galloway, and Dumblayne.”
* The year in which this letter was written These bishops were consecrated on Sabbath,
is determined from a statement at the close, 15th December 1661–IBrodie's Diary, pp.
—“As for the bishops, ther is four to be 232, 233.]
70,
cii INTRODUCTION.
and presenting of all thingis passes, so that will tak an tyme, and I
wisse that your enemyes be not busie to traduce yow heir or draw your
name in question att home, for that will marr all, and doe me great
prejudice, for ther is great report of fyning in Scotland, and the King
has remitted it to the Parliament. I wisse ye were with my Lord
Middleton, his Majestie's Commissioner, when he cumes home.” Sir
James, in another letter to Sir Thomas, from London, 22d March
1662, recurs to the same subject: “I ame to acquent yow agayne
that ther is fynes, but not aboue a yeare's rent, and also they are to
fyne such as haue been on the Whiggemer read and Parlament fortie
nyne, or haue served Olipher actively, so that I know ye are free of all,
if the being ane justice of peace doe not prove active service, and if
that be, few will escape.”
The second session of the first Parliament of Scotland, in the
reign of Charles the Second, commenced on the 8th of May 1662.
By the Parliament in this session, an Act of indemnity was passed,
clogged with the imposition of fines upon 700 or 800 noblemen,
gentlemen, burgesses, and others, to the amount of upwards of
£1,017,000 Scots, and Sir Thomas was fined in the sum of £18,000,
and his brother Henry in the sum of £600.” A committee had been
appointed by Parliament to pitch upon the persons to be fined, and to
fix upon the amount of their fines, and they were solemnly bound not
to discover any of those upon whom they pitched till the Act was
1 Original Letter at Murthly. * Acts of the Parliaments of Scotland, vol. vii.
2 Original Letter, ibid. p. 426.
SIR THOMAS STE UART 1646–1688. ciii
passed. “A good many,” says Wodrow, “were put into the Act as
much from private pique as for any activity in the late times.”
After being informed that Sir Thomas had been fined, Sir James
Mercer, in a letter to him from Whitehall, without date, says, “I hade
notice of your being fyned on Monday the 15 instant. The King's
Majestie, as I did heere him say, does not meddle in any thing relating
to the fynes, either of remitting or disposing of the Soumes till the
Parlament's proceedings do cume from my Lord Commissioner, and
this day my Lord Duke of Richmond, the Erle of Dumfreis, and my
Lord Tarbit, wayted on his Majesty with theis proceedings, so that
within an day or tuo ye sall know more of it. In the meane tyme, I
intreat yow not to be troubled, for it is but a matter of gear, as we say.
. . . For your cuming heir I cannot take on me to advyse yow till ye
see what others does and I know further. I intreat yow present my
best respects to my Lord Commissioner's Grace, and shew his Lord-
ship that as I did only intreat of him to be a kynd freind to yow, so
I now begg that your Soume may be moderated att least, and take
my Lord Advocate alongs with yow. I ame so amazed, and it is so
wnexpected to me, that I know not what more to say, but that I ame,
and sall aprove my selfe att all occasions, as becumes your most
affectionat sonne and humble servant.” "
Towards the close of the year 1663, Sir Thomas suffered from
Severe bodily indisposition, arising from a pain in the stomach of
long standing. His son-in-law, Sir James Mercer, on hearing of his
* Wodrow’s History, vol. i. p. 275. * Original Letter at Murthly.
civ INTRODUCTION.
illness, consulted Sir Alexander Fraser, the eminent physician to King
Charles the Second, from whom he received a written prescription, to
be transmitted to Sir Thomas." The doctor's prescription is dated
24th November 1663.” Sir Thomas gradually recovered. Sir James
Mercer, in a letter to him, 10th December following, says, –“We
are all much refreshed with the good newes of your recovery,” and
informs him that Sir Alexander Fraser, to whom he had gone that
morning, would take no money from him on any terms.”
To obtain for his father-in-law a remission of his fine, the efforts
of Sir James Mercer were indefatigable. The situation he held at Court
afforded him many favourable opportunities of pleading in behalf of
Sir Thomas with the King and the principal members of the Govern-
ment; and the following extracts from the letters which he wrote to
Sir Thomas at this time prove the earnestness and unrelaxing per-
severance with which he urged the claims of his father-in-law upon
the leniency of his Majesty and the Government —“I haue received
no ansuer,” he says, in a letter to him, without date, “as yet of my
letter I wreat the 24 of Januar. I haue gotten your certificate from
Commissary Beanes, as ye desyred, that ye never received any money
from him att any tyme or woon any accompt whatsoever, which I
sall shew to my Lord Commissionayre.” “As for the fynes,” says
* Original Letter, undated, at Murthly. “Sir eminent persons in this citie.”
Alexander Frazer,” says Sir James, “is in very * Original Prescription at Murthly.
great esteeme heir for many late experiments, * Original Letter, ibid.
as the recovery of the Queen, my Lord Chan- * Original Letter, ibid.
cellour, Mr. O'Neill, Mr. Blaukford, and many
SIR. THOMAS STEUART 1646-1688. CW
he, in another letter to him, without date, “ther is no doing any thing
of them as yet, and my Lord Secretary says he sall give me fayre
warning, so I sall doe my best, be the successe what pleases God, and
I will not give it over easilie, since ye cannot cume at present.” In
another letter to him, from London, 21st January 1664, he writes —
“I haue begun to move anent your fyne agayne, and I sall be as dili-
gent as I can with the King's Maiestie and his Ministers of State, but
the cuming of the fynes to the Exchequer dois make thois relates to it
not so indifferent as if it had been otherways. To be short, the King's
Majestie said yesterday to me, that ye sould haue an hearing, which was
my desyre, and I sayd that ye wold not be found under theis quali-
fications that Session of Parlament went by when they fyned. I sall
say no more, but that I sall wse my witermost endevours, succeed as
it will, and I hope the best.”
Writing again to Sir Thomas from London, 4th February 1664,
Sir James says:—“As for your fyne, I presse on your desyre to haue
an hearing, and the King Sayes ye sall be heard, but I know nothing
of thois qualifications they went wgon in laying on of the fynes. I doe
heare of Onſel, which is the Committee of the shyre 49, and I think ye
were none of thos. As for that of Commissary Beans, if it bee objected,
I can cleare that. God knowes the many hungrie people are looking
for the fynes, and giving in petitions to haue an share.” In another
letter to Sir Thomas from London, 4th March 1664, Sir James
* Original Letter at Murthly. * Original Letter at Murthly.
* Original Letter at Murthly.
cvi INTRODUCTION.
writes:—“I haue agayne spoken the Erle of Lautherdeall, who says
he will doe yow all the service he can. I haue told him that the
King hade sayd ye sould haue an hearing, and that I desyred to know
if I sould presse it to be heir or not. He sayd it wold not be heir but
att home. I told him that ye hade wreaten to me that ye wold be
content to be forfated, if ye sould be found within the qualifications
that Session of Parlament were to goe wpon. And I asked him if
theis were not strong reasones. He thought ye were fayre to cume
af, if ye gett but a weill sitting sheriff to whom the Commission is
graunted, or to be graunted.”
Besides orally making application to the King, Sir James pre-
pared a petition in the name of Sir Thomas praying for a remission
of his fine, to be presented to the King. The petition set forth how
loyally Sir Thomas had carried himself in all the troubles, how great
a sufferer he had been by imprisonment, in the loss of his house of
Grandtully and in the wasting of his lands, his father's good service to
King James the Sixth, and his Majesty's royal promise to Sir Thomas
that he should be heard, and, if not found within the qualifications
the Parliament went by in the imposition of the fines, that he should
obtain remission of the fine.” “I haue hade your petition ready this
long tyme,” writes Sir James to Sir Thomas, 4th March 1664, “and
Commissary Beans certificate of new, and now I most presse your
deliverance.” This petition the King bade Sir James deliver to
1 Original Letter at Murthlv. * Vol. ii. p. 177, No. 112.
g y p
* Original Letter at Murthly.
SIR THOMAS STE UART 1646–1688. cvii
the Earl of Lauderdale, that he might give it an answer; but Sir
James, as he writes to his father-in-law, 28th March 1664, kept it till
he himself, Lauderdale, and the King should meet together. “Now,
your hearing,” he says in the same letter, “will be att home by
my Lord Thesaurer ;" therefor,” he significantly adds, “all the fatt
kiddis and venison and Wyld foull that ye can gett, be sending to my
Lord Thesaurer, for he has said to me he wold be your freind.” Sir
James, writing again from London to Sir Thomas, 13th April 1664,
says:—“I cannot omitt to wreat to yow and shew yow that my Lord
Lautherdale promises I sall haue ane hearing for yow in your fyne
befor ye be summoned, and bids me mynd him when he is by the
King; but he is slow, and I am much impatient in delayes, so that
in a short tyme ye sall haue an accompt of it, God willing.”.”
The exertions of Sir James Mercer, who was certainly a man of
ability and address, in behalf of his father-in-law, so prevailed with
the King, and with the other leading men of the Court, especially
Lauderdale, whose influence was paramount, that orders were given
by his Majesty that Sir Thomas should not be prosecuted for his fine
at Lammas, but that he should be left to be tried by a commission
about to meet for that purpose. This very agreeable intelligence Sir
James had the Satisfaction of communicating to his father-in-law, Sir
Thomas, to whom so much uneasiness had been caused by this heavy
fine, in the following letter, without date, to which he subjoins the
* John seventh Earl of Rothes. * Vol. ii. p. 177, No. 112.
* Original Letter at Murthly.
cviii IWTRODUCTION.
letter of Lauderdale to the Earl of Rothes, Lord Treasurer, containing
his Majesty's command —
“RIGHT HONOURABILL,-After many assaults in relation to your
fyne, it has pleased his Maiestie to command the Erle of Lautherdale
to wryte to my Lord Thesaurer that ye be not summoned or charged
att this Lambes for your fyne, and if ye be summoned befor this can
cume, intimate this to the messenger, and see that he give no execu-
tion against yow. I haue wreaten to the Erle of Rothes, and haue for
Surenes sent the letter directed to him from the Erle of Lautherdale
be the King's command and myne together to Mr. William Sherp.
It is but folly to me to think that my wreating can
doe good with the King's command, but the letter
making mention of my addresse I could not but oune
it, and wreat to his Lordship and shew him that he
lyk it not the worse it proceeded from me.”
The following is the letter of Lauderdale to the Earl of Rothes
referred to by Sir James Mercer —
“Whythall, 22 Julie 1664.
“My LORD,-Upon an humble addresse from Sir James Merser
to his Majestie in behalf of his father-in-law, his Majestie commanded
me to signifie his gratious pleasure to your Lordship that Sir Thomas
* Original Letter at Murthly.

,SIR TI/OMAS STE UART 1646-1688. cix
Stewart be not charged for his fyne att Lambes, but that he be left to
be tryed by the insuing commission.—I am,
“Your Lordship's most humble servant,
“LAUDERDAILL.”
After this Sir Thomas's fine was either mitigated or, what is
most likely, wholly remitted, as it is never afterwards referred to
in the correspondence between him and Sir James Mercer.
Sir Thomas's correspondent on covenanting business, the Marquis
of Argyll, who was the great leader of the Covenanters, was treated
in a very different manner. Having been tried and condemned for
high treason, he was beheaded by the Maiden at the Cross of Edin-
burgh, 27th May 1661. His decapitated body was put into a coffin
by his friends, carried to Dunoon, and buried in Kilmun Church.
His head was placed on the top of the Tolbooth, where the head of
the Marquis of Montrose had been exposed. It remained there for
three years, namely, till the 8th of June 1664, when, in terms of a
warrant from King Charles the Second, it was taken down and carried
to Kilmun, where it was buried beside his body. The following
letter, written to Sir Thomas Steuart on the very day, states the
taking down of the bleached head of the unfortunate Argyll —
“RYCHT HONOURABILL,~I am sory thos ribans did not content
your honour. Att the wryting heirof, which is the cause of my
breuity, I am goeing to accompany my Lord Marquis of Argyl's head
O
(:). IVTRODUCTIOAT.
to the beurial pleace, which was takne doune this morneing. The
Earle of Tiuiot is for certanty kil’d by the Mors, bot the pleace is
keipt by the remander of his forces, and thought they cannot doe it
long. I hest.—I rest, your honour's most humble servand,
“J.A. CAMPBELL.
“Edinburgh, 8 June 1664.
“For the Rycht Honorabill the Leard off Grantully—thes.”
Sir Thomas Steuart and Sir John Drummond of Perth were
members of the Convention of Estates for the shire of Perth in the
years 1665 and 1667.”
Sir Thomas's eldest daughter, Jean, became the wife of Sir James
Mercer of Aldie and Meiklour, knight-baronet, one of his Majesty's
gentlemen ushers. Sir James, a few years before his death, which took
place in the year 1671, executed a deed of tailzie and provision, by
which, failing heirs-male, he settled his estates on his eldest daughter
without division, the heirs-female being bound to marry a gentleman
who was of the surname of Mercer, or who should assume that surname,
and their heirs always to bear the surname and arms of Mercer. Who-
ever married the eldest daughter was also bound to pay the debts and
portions of the family.” There being none of the name of Mercer
in Scotland, it would seem, of sufficient wealth to pay the debts and
1 Original Letter at Murthly. Mercer, Lady Aldie, of the lands and barony
* Acts of the Parliaments of Scotland, vol. of Meiklour, 6th September 1681, in Acts of
vii. pp. 527, 537. the Parliaments of Scotland, vol. viii. p.
3 Ratification in favour of Mrs. Grissell 330.
,SIP THO.]/AS STEUTART 1646–1688. cxi
portions of the Mercer family, the Dowager Lady Aldie sent a natural
Son of her deceased husband to Ireland, to Lieutenant-Colonel William
Mercer, a near relation (son of Mr. John Mercer, minister at Slains, in
Aberdeenshire), author of a poetical work entitled “Angliae Speculum ;
or, England's Looking-Glass,” London, 1646, with propositions that a
matrimonial alliance should be formed between her eldest daughter
and the eldest son of the Colonel. The Colonel, who was favourable
to the proposed match, came to Scotland and had conferences both
with Sir Thomas Steuart and his daughter, Lady Aldie, on the
subject. Whether he personally obtained the good graces of Lady
Aldie is not quite clear, but she was amused on learning from him his
matrimonial achievements as having been the husband of four wives.
In one of his poems, to be afterwards more fully quoted, he says:–
“For in my tyme I maried four fyne wives,
For by such matches many bad men thrives;
Two maids between two widows, first and last :
The first three fail'd, but now the fourth holds fast :
A Murray, Mervyn, Connway, and a Duff;
My Lady" Smyles, and sayes these wer enuffe
Thomas Steuart, afterwards Lord Balcaskie, in a letter to Sir
Thomas, dated Edinburgh, 24th June 1673, thus writes, in fur-
therance of Colonel Mercer's object:-" I have been causually in
company with a civile and Sagacious-like gentleman, one, Colonell
Mercer, who lives in Ireland, and is a cadet of the familie of
Aldie, as is credibly informed, who has much sollicited me to let
1 Lady Aldie.
cxii IAWTRODUCTIO.V.
him know of ane occasione to convoy a letter for you, sir, and
ane other for the Lady Aldie, for he tells me he has seen the
Lady and you both of late, and M'Knaire being here I told him of it,
and he has sent the two letters with him. The gentleman is exceed-
ing earnest to have returns to both, so soon as may be, and has his
» 1
service to you.” The same correspondent, whose friendly offices
Colonel Mercer had secured, again writes to Sir Thomas from Edin-
burgh, on 4th July 1673, encouraging the proposed marriage —“I
must creave leave to give you this trouble a purpose to show you,
sir, that Mr. Mercer wounders very much that ye are not pleased to
let him have a return to his for your honor and the Lady Aldie, and
sayes he is afraid ye have taken offence aither at him or it. . . .
My Lord Chancellour and severall others of good qualitie, and well-
wishers to the familie of Aldie, thinkes the proposals he speaks of
worthie the entertaining, and takes much notice of the gentleman,
and, as I am credibly informed, my Lord Craigy has concerned
himselfe so farre in him as to writ to you, sir, in his behalfe, who
really, sir, has been my Lady's good friend all alongs.”
William Wallace, another friend of the Aldie family, wrote to
Sir Thomas Steuart of Grandtully in a similar strain, in a letter
dated 26th July 1673. He again pressed the subject on his atten-
tion in a letter written from Newtown, 6th September same year.
“I have sene,” says he, “both the young gentillman and the security
profered for that estate which his father spoke of. I have lykwayes
* Original Letter at Murthly. * Original Letter at Murthly.
SIR THOMAS STEUART 1646–1688. cxiii
had leteres from very good hands signifieing ther esteeme of the
gentillman and certainty of the meins, and in my humble oppinione,
with submissione to better judgments, a better occasione cane hardly
offer for preserving the family in both name and right lyne, and in
the persone of a very hopefull young gentillman, with a very con-
siderable portione.”
Colonel Mercer's proposals were afterwards entered into; he was
hospitably entertained at Murthly by Sir Thomas; and he went to
Dublin to raise the sum of £2000 sterling, and to bring his son to
Scotland that the contemplated marriage might be solemnized as
soon as possible. The money was procured by the son's maternal
relations, and both the father and the son came to Scotland in the
hope that all would proceed to a prosperous issue. But Lady Aldie,
for some reason not explained, had changed her mind, and the youth-
ful lover, whose heart Grizel had so inflamed that he declared he
would marry her “had she ne'r a groat,” was not permitted even to
see her. The Colonel, chagrined at this change of plan on the part
of Lady Aldie, after he had, in compliance with her invitation, come
to Scotland on that errand, opened his mind freely in a letter to Sir
Thomas, dated Edinburgh, 22d January 1673 —“Let me onely in
modesty say this, before I be befool'd in it, I will make more of
the mater then it is all worth, and how ever it goes, put it upon
record, untill tyme shall be swallowed up into eternity.” Colonel
Mercer raised an action of damages against Lady Aldie, for breach
* Original Letter at Murthly. * Vol. ii. p. 214.
cxiv
J.WTRODUCTION.
of a verbal treaty of marriage, before the Court of Session. To
incline the Lords of Session to give their decision in his favour, he
composed and addressed to them a poetical piece, comparing them
to the most distinguished Greeks and Romans of antiquity." In
the “Penman's Apologie,” towards the close of the poem, while urging
his son's claims to the heiress of Aldie, and imploring their Lordships
to support them, he expresses his willingness, should the friends of
the lady not be satisfied, as she herself was, to refer the question with
the utmost confidence to a Parliament called by the Ladies —
“My son grows melancholie,
And when yow find he doth deserve the woman,
Then make the Lady to the lad furth comen,
And if all parties be not well content,
Then let the Ladyes call a Parliament,
And put to votes, i'le pand my life upon
A hundred voyces for the ladye's one; -
Nor shall they think to bring me to that pass,
To come to Scotland and turn back ane ass.”
Should obstructions continue to be thrown in the way of the match,
the Colonel resolved to appeal to the King; but upon reflection he
hesitated:— -
“I have made joyfull journeys to Whithall,
But am affraid this will be worst of all,
Because the Echo answering at the tower
May blow a bullet and break doune Micklour,
* “A compendious comparison of the lives
and lawes of the Senators of Rome, with the
lives and lawes of the Senators of the Colledge
of Justice, Edinburgh, in Familiar Lynes and
Poems. By a Servant of Mars and a Lover
of the Muses, Lie" Coº William Mercer,
Edinburgh, 1673,” “Penman's Apologie ’’
towards the end. Ms. 4to, in Advocates'
Library.
SIR THOMAS STE UART-1646-1688. CXV
And doing so make massacrs and slaughters,
Then I must save my Lady and her daughters,
For greed of Grissell, and I vow so will I,
As weel for Grissell as for Gairntully.”
For Grandtully himself, or rather for Grandtully's good entertain-
ments, the Colonel had a warm heart, and he eulogizes in glowing
terms, of the truth of which we have no doubt, the open-hearted
and open-handed hospitality with which he had been treated by Sir
Thomas at Murthly:-
“He feasted me a month at Murthly House,
And I gave him good Latin for a goose,
Making a match I had a goose in hansell,
But with the goose he gave the goose a gansell.
No man in Fyfe nor Angus, being able,
Doth keep so fair and full a furnisht table;
I say by sight, for I with him have bene,
And in this land the lyke have seldome seen,
So well-drest dishes, wynes to much, and more,
Nor lock, nor key, ther stands ane open door.”
It was the young lady, of course, who was the great attraction
to the son, but as for the Colonel himself, it was the sumptuous enter-
tainments—the luxurious viands with which he had been regaled,
that made him remember Murthly House with special favour —
“Bot now this talk" doth me intoxicate,
I have forgot the thing I aimed att,
My Sone through Grissell swel'd about the throte,
He sayes he'll have her had she ne'r a grote,
* About Sir Thomas's well-furnished table.
cxvi
IATRODUCTION.
And I am willing wer it for no more
But to be dwelling nere Sir Thomas' dore :
Young fools affirme it is for love they wow,
My courting is for cake and pudding now :
With Grantully and with Lethanty, I allege,
Best courting now for men that's of our age.
But all this time I talk lyke to an ass,
And tells my mind, Post vinum veritas.”
After referring to Grizel's father's will, respecting her marriage,
the Colonel mentions with pride the antiquity of his family, which
had existed for nine hundred years; flatters himself that his son and
Grizel would increase that number to a thousand ; and hopes that no
honourable man would attempt to woo a lady on whom his son had
set his heart:—
“I hope this new’rs gift now is well nere gone,
Then be it so, for I will now goe on,
For Grissal's of a graver compositione;
She grives to be provock'd by oppositione ;
Nor is it in her father's will exprest.
He sayes, she marying Mercer that is best,
A Mercer man and meens, as now appeers,
They have bene Mercers mere nyne hundred years.
All I shall ask is, ad unto the store
My Sone and Grisall yet one hundred more.
But I am sure, though Grissell grow so good,
That for her worth a prince may be allowd,
Yet in this caise no man of worth or honour
(Since my young sone hes set his hert upon her),
Will ever aime it, or intend to woo,
But do to him as he wowld do to yow.”
Whether the hope expressed in these last lines was generously
SIR THOMAS STE UART 1646-1688. cxvii
acted upon or not, we have not learned ; but if it was not, Grizel
declined every other matrimonial proposal; for she lived and died
unmarried.
Some years after this, Grizel, who was dissatisfied with the agent
to whom her law affairs had been intrusted, believing that he
neglected them, wrote to her uncle, Sir Thomas, from Paris, 26th
November 1680, desiring that a new agent, whom she named, might
be appointed —
“MUCH HONOURED AND DEAR UNCLE,--I can never be sensible
enough off the many favours and obligations by you put upon me,
and that yow are pleased to mind my affairs in absence ; for the
which I shall never be wanting to acknowledg my self your debtor,
but in particular, for your very much care off my concern in the
parish off Kinrosse. . . . I shall not need to writ any mor off my law
concerns, seeing Mr. Jonstoun most still be imployed, that delays and
neglects all my concerns. I had taken all the papers from him, and
was resolved never to employ him any mor. I know I ame at a con-
siderable loss by his neglect. I confess I cannot understand wherein
I can be at a loss by changing such an agent. I desired that Mr.
Colvile might be imployed, that I heard always cal'd a carfull, dilli-
gent agent. I ame necessitat to give yow the trouble of this, that
you may please doe me the favour to speak to my Lord Ballcaskie off
it ; for I cannot tell how often I have written of it, and all the
answer I get is that his Lordship thinks it very unfit to imploy
p
cxviii I.VTRODUCTIO.V.
another. I would willingly have given power to any friend to have
ordered and given directions as they thought fit in all my concerns;
but seeing I doe not deserve that favour, I think it's fit Mr. James
Mercer and Couldon obey such directions as I can give, which is not
don; for as I have so often written, it is to my losse to delay any
affair wherein I am persewer, I most remotte them to justice, which I
know will not be denyed me ; for I ame not to be judge in them when
I am there. I intend to writ no mor off thes affairs, for it is to no
purpos, seeing Mr. Jonstoun most needs be imployed, after I have
written so often and so positively to imploy another, for many
reasons. Dear uncle, I beg your pardon for giveing yow this
trouble.”"
In those times there still existed in the remote parts of the king-
dom, especially in the Highlands, traces of the same tendencies to
plunder which had been so conspicuous in those days, when, in the
feuds of clanship, the rights of property were so completely disre-
garded. Writing to his son John from Dunkeld, 24th December
1675, Sir Thomas says —“Yow may show Glenwrquhie that his
men hes stolline tuentie horss from my tennantis and my selff,
and I will doe my best to see give I can geatt ane redress of his
tennantis.” "
After Sir Thomas had been in possession of his family estates
for several years, his finances were in a very satisfactory state, and
be was enabled on several occasions to accommodate his neighbours.
1 Original Letter at Murthly. 2 Vol. ii. p. 228, No. 157.
,S/R THOMAS STE UART 1646-1688. cxix
Amongst those who sought such assistance from him was the cele-
brated Sir John Campbell of Glenurchy, afterwards successively Earl
of Caithness and Earl of Breadalbane. In the year 1677, this laird
of Glenurchy wrote to John Steuart, younger of Grandtully, stating
that he had applied to his father, Sir Thomas, for a loan of ten
thousand pounds Scots upon “ane extraordinarie occasion” he had for
it, and the writer earnestly urged the young laird to use his influence
to induce his father to grant the loan.' On comparing dates, some
knowledge is obtained of the “extraordinarie occasion” which pressed
the Laird of Glenurchy. His letter is dated 14th June 1677. Sir John
Campbell was created Earl of Caithness by a patent dated at White-
hall, 28th June 1677, only fourteen days after the date of his letter
asking the loan. It is not improbable that the ten thousand pounds
were required in connexion with this creation, which must have been
under negotiation at the time, since it was finally arranged so soon
after.
On subsequent occasions Sir John Campbell applied to Sir
Thomas Steuart for pecuniary assistance ; and even after he was
elevated to the dignity of Earl of Breadalbane, he continued to obtain
from him the loan of money, as appears from the correspondence
on the subject.”
These borrowed moneys the Earl of Breadalbane probably em-
ployed in the acquisition of additional lands, for which he was famous.
* Original Letter at Murthly. Printed, * Vol. ii. pp. 237, 238, 240, 253, 256, 278, 279,
vol. ii. p. 233, No. 164. Lithographed. 288 ; Nos. 169, 170, 171, 191, 209, 210, 221.
CXX INTRODUCTION.
Mackay, in his Memoirs of Scotchmen, gives the Earl this remark-
able character —“It is odds if he live long enough but he is
a Duke. He is of a fair complexion, and has the gravity of a
Spaniard ; is as cunning as a fox, wise as a serpent, and as slippery
as an eel.” "
Other letters of the Breadalbane family which are printed in
this collection give some glimpses into the domestic life of a chief
in the central Highlands in the Seventeenth century.
In 1679, Mary Countess of Caithness, wife of Sir John Camp-
bell, Earl of Caithness, afterwards Earl of Breadalbane,” sent to Sir
Thomas Steuart a present of a few apricots, with an apology for
sending so few, that the trees had not been so fruitful, and that,
besides, some of the best and biggest had been plucked off without her
permission. She also sent Sir Thomas a little wax candle, which
was made by her at Balloch, offering, if he liked it, to provide him
with more of the same sort when the bees were drowned.”
The next letter from the Countess is an acknowledgment, 23d
January 1680, to Sir Thomas for a present of oysters which had
arrived at Balloch very fresh and good. The Countess says that she is
a great lover of oysters, but she had not previously enjoyed the luxury
of them at Balloch, and had despaired of ever seeing any there.”
* Mackay's Memoirs, p. 199. ness, and secondly, John, first Earl of Bread-
* Lady Mary Campbell, then Countess of albane.
Caithness, was the third and youngest daugh- 3 tº º
ter of Archibald Marquis of Argyll. She Vol. ii. p. 247, No. 180.
married, first, George Sinclair, Earl of Caith- * Vol. ii. p. 248, No. 181.
,SIR. THO.]/AS STE UART-1646–1688. cxxi
In the same year the Countess sent a kind letter to the Laird
of Grandtully, with a pot of ointment prepared by herself. She
assures him that it is a sovereign cure for all stitches and pains in
any part of the body, and she explains to him the mode of using it.
She also sent to him a pot of Oranges and a few orange and lemon
cakes, which she had made on purpose for him."
In her correspondence the Countess of Caithness writes to Sir
Thomas in very familiar terms. After inviting him to pay her a visit
at Balloch, where she had a room for him, which she hardly had on
the occasion of his last visit, she alludes to a jest she had indulged in
with Sir Thomas, who put too serious a meaning upon it. She is
quite out of countenance if he took it in earnest; and she assures
him that she would not have used such freedom had she supposed
that it would give him offence, for she is very desirous to live in his
favour, and shall never do anything to displease him.”
Another neighbour and correspondent of Sir Thomas Steuart
was Lady Amelia Stanley, then Countess, afterwards Marchioness,
of Athole. Like the Earl of Breadalbane, the Countess of Athole
was a borrower from Sir Thomas. Her requests were chiefly for the
loan of horses, in which she was unlucky, as one of them died while
in charge of her ladyship, and she had difficulty in procuring a suit-
able horse in its stead.” But the Countess of Athole, like her neigh-
bour at Balloch, also occasionally had recourse to the purse of the
" Vol. ii. p. 252, No. 186. 3 Vol. ii. pp. 198, 199, Nos. 131, 132.
* Vol. ii. p. 248, No. 181. 133.
cxxii IATRODUCTIOA.
Knight of Grandtully. When about to travel, she asked him for the
loan of English money, for there was none to be had in Edinburgh."
At the present day it seems strange that a Highland knight should
have a reserve of English money, when none could be obtained in the
capital of Scotland.
One of the most constant correspondents of Sir Thomas Steuart
was his nephew, Lord Balcaskie, who held him in great estimation,
and treated him with the most profound respect. A more particular
reference is made to the correspondence between them in the sketch
of the life of Lord Balcaskie, afterwards given.
During his long possession of Grandtully, Sir Thomas Steuart
added to the family estates by the purchase of other properties. In
the years 1656 and 1657 he acquired, from John Steuart of Arntully,
the lands of Arntully, in the lordship of Dunkeld and shire of Perth.
Sir Thomas resigned the lands of Arntully, and others, into the hands
of Henry Bishop of Dunkeld, who, by a charter, dated 8th November
1670, erected them into one free barony or tenandry of Arntully.
The barony still forms a portion of the Murthly estates.
Sir Thomas Steuart also acquired from Thomas Ireland the lands
of Easter Burnbane, in the barony of Murthly, by a disposition, dated
6th May and 6th June 1664.
Various other lands were acquired by Sir Thomas in and about
the city of Dunkeld for the improvement of the estate of Murthly.
A good many years previous to his death, Sir Thomas Steuart
" Vol. ii. p. 236, No. 168.
SIR THOMAS STE UART 1646-1688. cxxiii
complained of indisposition in various forms; sometimes he was a
little “crazy,” or infirm, sometimes he had attacks of the gout, and
at other times he was afflicted with the ague. But he lived to the
good old age of eighty years. He died on the 10th of August 1688.
His son John was then in England at the baths, and the corpse was
embalmed in order to preserve it five or six weeks to await the return
of his son." Sir Thomas was buried in the mortuary chapel at Murthly,
where his son erected a handsome monument to his memory, with
the following filial inscription —
Deo] Oſptimo] Maximo.]
In spem Beate Resurrectionis, conduntur hic Cineres Thomae Stuarti de Grandtully
Equitis Aurati; Qui splendidissimi Stuartorum olim Lorensium Stemmatis, per
longam avorum, Equitum de Grandtully, seriem, germen habuit de genere summo
candore, antiqua probitate, fide erga reges (sacrosanctos illos) Carolos (dum
prospera nonnunquam, nunquam non foeda dirisque devoVenda, cuncta divina,
humana, sterneret perfidia), prorsus inconcussa, necnon liberalitate prona, hospitali-
tate semper prompta, concives, qua fas, quosvis demerendi studio pertinaci (rei
interea familiari sedulo providendo, tantum non ad invidiamea aucta): cum vixisset
ad exemplum insignis, IV. idus Augusti anno Redemptionis humanae MDCLXXXVIII
animum Deo reddidit octogenarius.
Hoc, cum virtutis paternae, tum pietatis suae, monumentum posuit Joannes
Stuartus de Grandtully.
(TRANSLATION.)
To God, all good and all great.
In the hope of a blessed resurrection, are here laid the ashes of Thomas Stuart of
Grandtully, knight, with gilt spurs, who was descended of the most illustrious family of
* Vol. ii. p. 289, No. 223.
cxxiv. IAWTRODUCTION.
the Stuarts, formerly of Lorne, by a long series of ancestors, knights of Grandtully,
from a race distinguished for the utmost candour, for pristine probity, for the most
unshaken fidelity to those most sacred kings, the Charleses (whilst perfidy, some-
times prosperous, always foul and meriting execration, was overthrowing all
things, divine and human), for ready liberality, for a hospitality always prompt,
for a constant desire to merit the good opinion of all his countrymen, as far as
consistent with rectitude (whilst sedulously attending to the interests of his family,
though not increasing their fortune so as to excite envy) : when he had lived
illustrious by his example, on the 10th August, in the year of the redemption
of man MDCLXXXVIII, he yielded up his soul to God, having attained the age of
eighty years.
This monument John Stuart of Grandtully has raised in commemoration of
his father's virtue and of his own piety.
A medallion portrait of Sir Thomas forms part of the monument.
A portrait of him is also preserved at Murthly. The knight is some-
what grim in aspect, and gorgeous in his apparel—a taste no doubt
inherited from his father, the life-long courtier. A lithograph of the
portrait is given in this work.
By his wife, Grizel Menzies, Sir Thomas Steuart had a family
of one son, John, of whom a memoir is afterwards given, and eight
daughters. The daughters were
Jean, the eldest, who married, as already mentioned, Sir James
Mercer of Aldie, in the county of Kinross, and Meiklelour, in the
county of Perth. Their contract of marriage is dated 1st February,
and recorded in the Books of Council and Session 22d November
1648." They had one son and three daughters. The son was
* Extract Marriage Contract at Murthly.
s 1 R T H O M A S s T E J A R T of G R A N DTU LLY :
E. C. R. N. 5-O-3 . ---- 1 s 8-8 .

SIR THOMAS STE UART-1646-1688. CXXV
named Charles, by King Charles the Second at his christening,
in Sir James's house, in Axe Yard, London, in the beginning of June
1667. On the 8th of that month Sir James communicated the intel-
ligence in a letter to his father-in-law, Sir Thomas. He wrote that
His Majesty on the occasion was very jovial, without any sort of drink-
ing, -only drunk to him (Sir James) the young laird's good health.
Next morning he presented to his godson eighty ounces of gilt plate.
The Duchess of Monmouth, with many lords and ladies, was present
with the King. The Duke of York was prevented from attending
through the death of his son, the Duke of Kendal, and the expected
death of his other son, the Duke of Cambridge.” Grizel, the eldest
daughter of Sir James Mercer and Jean Steuart, remained, as we
have seen, unmarried. The second daughter, Jean, married Sir
Laurence Mercer, and inherited her father's estates. Cecil, the
youngest daughter of Sir James, died unmarried.
Marjory Steuart, the second daughter of Sir Thomas, married
David Fothringhame of Pourie, in the county of Forfar. The con-
tract for their marriage is dated 20th November 1656.” Walter
Thomas James Scrymgeour Fothringhame, now of Pourie, who was
born 7th December 1862, is the descendant and representative of
that marriage.
Grizel Steuart, the third daughter of Sir Thomas, married the
Honourable Sir John Drummond of Burnbank, in the lordship of
* Original Letter at Murthly. Printed, vol. ii. p. 178, No. 113.
* Original Contract at Murthly.
cxxvi INTRODUCTIO.V.
Kincardine and shire of Perth, afterwards of Logiealmond in that
county, younger brother of James Drummond, third Earl of Perth,
and elder brother of William Drummond, second Earl of Roxburgh,
who was the grandfather of John the fifth Earl, who was created
Duke of Roxburgh in the year 1707. The contract for the mar-
riage of Sir John Drummond and Grizel Steuart is dated 18th
August 1664, and recorded in the Books of Council and Session
11th January 1666. Sir Thomas Steuart thereby became bound to
pay to Sir John Drummond the sum of twenty thousand merks, in
name of tocher, with his daughter. Sir John Drummond of Logie-
almond died in June 1678, and was interred at the chapel of Logy on
Tuesday, 2d July, the funeral being at ten o'clock in the morning.”
He was survived by his wife.
Sir William Drummond Steuart, now of Grandtully, and formerly
also of Logiealmond, is the descendant and representative of that
marriage.
Cecil Steuart, the fourth daughter of Sir Thomas, married John
Stewart of Arntully, in the county of Perth.
Anna Steuart, the fifth daughter, married James Seton of Touch,
in the county of Stirling. The contract for their marriage is dated
20th April 1664.” This marriage was dissolved about four years
after by the death of “Lady Touch” in December 1668.*
1 Original and Extract Contract at Murthly. * Sasine on Precept in Contract at
* Funeral Letter to Grandtully younger, Murthly.
dated Logy, 27th June 1678. Original at
Murthly. * Letter, vol. ii. p. 185, No. 119.
SIR. THOMAS STE UA Hº T' 1646-1688. cxxvii
Helen Steuart, the sixth daughter, married James Crichton of
Ruthvens, in the county of Forfar. Their post-nuptial contract of
marriage is dated 20th May 1669.” Lamont thus notices their mar-
riage in his Diary:-" 1666. April.—The old Laird of Ruthven, in
Angus, surnamed Crichton, depairted owt of this life at his dwelling
howse ther; and his son, young Ruthven, maried Gerntilly, youngest
daughter except one, about 4 houris before his father's death, vpon
the accownt the warde of the mariage might not fall.”
Elizabeth Steuart, the seventh and youngest daughter, married
David Leslie, Master of Newark, eldest son of David first Lord
Newark. Lamont records in his Diary that this marriage took place
on 26th May 1670 at the house of Sir Thomas Steuart ; and that the
Lord Chancellor, the Earl of Rothes, was at the wedding.” The
minute for their contract of marriage is dated 1st June 1670.” Jean
Leslie, the eldest of five daughters of this marriage, succeeded her
father, as Baroness of Newark in her own right.
We have been thus particular in stating the marriages of the
daughters of Sir Thomas Steuart, as their descendants are included
in the line of the succession to the barony of Grandtully under the
entail which was executed by John Steuart of Grandtully in the
year 1717.
* Original Contract at Murthly. * Diary of John Lamont, Edinburgh, 1830,
* Diary of John Lamont, Edinburgh, 1830, p. 220.
p. 188. * Original Minute at Murthly.
cxxviii
JOHN STEUART OF GRANDTULLY-1688–1720.
John Steuart of Grandtully, the only son of Sir Thomas, of whom
some account has now been given, held the family estates nearly
thirty-two years. Never having been knighted like his ancestors, he
was, when advanced in life, familiarly known as “Old Grandtully.”
The precise date of his birth has not been ascertained. But as his
parents were married in the year 1627, and as he had entered as a
student at the University of St. Andrews in the year 1663, it may
be assumed that he was born about the year 1643. Several letters,
written by his father, in the years 1663 and 1664, addressed to “his
loving son John Steuart, at St. Andrews,” are preserved at Murthly.
These letters relate chiefly to the moneys transmitted for the payment
of the young Laird's board and his college fees, and to articles of cloth-
ing, and they evince the tenderness of Sir Thomas's paternal affections,
and his anxiety to promote in all respects the comfort of his son, whom
he was willing to gratify by every reasonable indulgence, and about
whose personal appearance, on the score of dress, he was particularly
solicitous. In a letter to him, written from Perth, 5th February [1664],
he says, “I have sent to Mr. John Oman your quarter's board, quhilk
begins not till after the 20 of this month, with four pound sterlin for
defraying of your coall and candle, beds, and other necessaries, and
seven dolloris to be given to your regent, and tuentie rex-dolloris to
JOHN STEUART OF GRANDTULLY-1688-1720. cxxix
tº--------- ~~
your selfe, for spending money, and if ye think fitt, in the lent tym,
ye may boord your selfe in the toun, and if ye want any other thing
let me know, and Ishall send it to yow from Edinburgh, in respect that
I mynd to goe ther, God willing, myselfe, within eight or ten dayes,
for if I had not been necessitat to goe ther, I intended to have bein
at St. Andrews the next weik.” He adds, with paternal pride,-‘Mr.
Robert Learmonth, at Edinburgh, told me that yow had the hand-
somest suit that was in all the Universitie. Let these pressent my
service to him and the rest of the regents in the colledge.”
Another letter of Sir Thomas to his son John at this time we
give entire —
“Edinburgh, 29 February 1664.
“Lov1NG SONE,--I receaved yours; and as for your cloathes, if
ye get them about the midle of Apryll it is tyme enough for an
summer soote, for non can tell yit what stuffis is in fashione, for I
have written to London to know quhat stuffis is most fashionable,
and how they ar mounted, for if I can get ane suit broght hom to
yow, I mynd to cause mak them at London. Ye shall receave from
the bearer ane pair of fyne whyt worsit stokins, quhilk is most fashion-
able, and ane hatt. As for your Holland shirts and drawers, I intend
to buy them in Perth. I wold have yow to com home eight or ten
dayes beffor Cowper race, that I may cause tak your measure either to
cause mak them heir or elsewher; and if ye can not spair so much
tym, lest ye should be behind the rest, ye may cause an tailzeor ther
* Original Letter at Murthly.
CXXX IVTRODUCTION.
take your meassur, according to your last Soote. So having no mor
at present bot my service remembred to all the regents, I rest,
“Your loving father,
“S. T. S., Granttully.”
“For his loving Sone John Stewart, att St. Andrews.”
Writing again to his son John, at St. Andrews, from Murthly,
11th April 1664, Sir Thomas says:–“I have sent thir horses to yow
this night, so ye may com in to-morrow morning, and put on your
best cloathes, and put up your old cloathes in the cloak-bag, and let
John Ros carie them behind him. I have sent the grein wallet to
put in your linings in.”
In the following winter John Steuart again attended the Uni-
versity of St. Andrews. Sir James Mercer, in a letter to Sir Thomas
Steuart, dated Aldie, 9th April 1665, says, “For your sonne's visite
I ame no farther ingaged then that he sould make it when he sould
cume from the Colledge.”
In the beginning of the winter of the year 1668, John Steuart
left Scotland for London, with the intention of travelling in France.
At London he had an opportunity of visiting his sister Jean, her
husband, Sir James Mercer of Aldie, and their children.
John left London for France on the 26th of October 1668. Sir
James Mercer, in a letter to Sir Thomas, dated Whitehall, 27th
October, thus writes:—“Your sonne is in good health, and parted
1 Original Letter at Murthly. * Original Letter, ibid. * Original Letter, ibid.
8 y *> ©
JOHN STE UART OF GRAWDT' U L L Y-1688-1720. cxxxi
from this yesterday morning, being the 26 of October. Ther fell out
the occasion of a French gentleman, a great friend of myne, who had
both Inglish and French, which made me haste him away. . . . He
did make no clothes, neither did appeire to the King, but went and
visited my Lord Lautherdale, who was verie kind to him.” Sir
James, in another letter to Sir Thomas, dated 17th November 1668,
again writes concerning John —“I wonder I haue not heard from
you, I hauing wreaten when your Sonne was heir, and when he parted,
and when he was safe arryved att Caleis, and now he is att Paris, and
my Lord Drummond mett him the last week within fiftie myles or
thereby of Paris. He is verie weill, and will prove a compleit
gentleman, and I houpe he sall be a credit to all his relations; and I
think ye sould rejoyce that he is compleiting himselfe to succeed to so
worthie and vertuous a father. . . . My Lord Drummond came heir
on Saturday the 14, and his brother John, who are very brave
gentlemen.”
Lord Drummond, when at Calais, wrote a letter to John Steuart,
dated Calais, 21st November 1668, in which he says, “I have heir sent
yow the letter I promised for M. de la Fuy at Angiers. I assure yow,
yow will find him very civill, and at his house yow wil be at your
oune freedome. Present my service to him and al thos at his house.
As for the masters' names, the fencing master is Monsieur du Parc,
the dancing master Monsieur le Conte, and the master of the aca-
demie Monsieur de Hallot. I wish yow a good jurney, with al con-
1 Original Letter at Murthly. * Original Letter at Murthly.
cxxxii IWTRODUCTION.
tentment and happienesse. I shal tell your relatans I have seine
yow well.”
Having arrived in Paris, the young Laird travelled thence almost
immediately to Angiers, where he lodged in the house of Monsieur de
la Fuye, minister of that place, who had been highly recommended
to him. Sir James Mercer, in a letter to Sir Thomas Steuart, dated
Whitehall, 4th December 1668, thus writes:—“Theis are to accom-
pany the inclosed from Paris. I heare your sonne and Charles
Stewart are fallen out. They were a litill heir in mistake, but I putt
them right agayne. Your sonne Says he has wreaten it to me in a
former letter, which I haue not receivit as yet. He hade a Scottis
boy from this, but did not prove good, so that now he wreatts he has
gotten an verie good servant, and I think he cares the lesse, for he is
to live in the minister's house att Angiers, wher my Lord Drummond
and his brother did lodge. I houpe he sall spend his tyme weill, and
cume home verie compleit in all his exercises.”
John Steuart stayed at Angiers that winter, and in the following
summer, applying himself to the acquisition of the French language
and other accomplishments. During his sojourn in France, for nearly
two years, he and his father frequently corresponded by letters, the
most of which are still preserved at Murthly, and a considerable
number of which are printed in the second volume of this work. In
a letter to his father, dated Angiers, 15th January 1669, John writes —
“I hav been heer thes six weeks bygon, and am in a very honest hous,
* Original Letter at Murthly. * Original Letter at Murthly.
JO/IW STE UART OF GRANDTULL Y 16S8-1720. cxxxiii
wher my Lord Drummond stay’d the tym hie was hear, and lykuays
I ame follouing all exercise that becoms a gentilman, and has my
masters of dancing, fencing, of the languag, and gittarr evry day
usuall. . . . This place is the best and the chepest in France to live
in, and especialy for dancing, fencing, and all other exercise, a third
cheper then Paris, as Aldie can inform you, and others that has been
hear. This place is sixtie fourlygs from Paris, and evry lyg is rekned
to be thrie Inglish myls.” He adds in a postscript, “I shall and have
obeyed your aduyse in not frequenting debosht company, and in not
drinking to excess; for, Sir, I can declar to you with an good conscience
that I hav comited no kynd of eccess since I cam from hom.”"
Sir Thomas Steuart appears to have been anxious for the return
of his son to Scotland sooner than the latter anticipated; and in a
letter to his father, dated Angiers, 2d February 1669, John pleads
with much plausibility for the extension of the time of his residence
in France. “SIR,-Saving your pleasur, I think ther is no need of my
coming to Paris So Soon, and from thence to London, in respect that
the tym yee ar pleased to alou me hear in France is so short that I
cannot learen the language, which is, as I supos, the principall thing ;
nether can I learn my other excercise such as fensing, dancing,
and other excersises that gentlemen learnes when they com hear;
and I beleave thir wer the reasons uhy I did com hear for to learn
my excercises, which tends very mutch to the acomplishment of a
gentleman, and to me to com hom befor I get anay of thir in som
* Original Letter at Murthly.
cxxxiv. INTRODUCTIO.V.
exact maner, I had rather never to hav comed hear, for the ordinar
tym that is aloued to sty hear is an year and ane half at least, and it
is litel enough to learne the French toung, as Aldie can inform you,'
and others that has been hear, and if I should com hom befor I can
speak French, it wer ane great sham for me. My Lord Drummond
uas hear in France ane year at least, and I beleav hie uold hav stayed
a great deall longer if hie had had his health, but hie was never
an moneth weel togither. I thank God for it I never had my health
beter nor since my coming to France. My Lord Drummond has
been ane year and eight moneths from home or ther abuts. Sir, the
tym that I desir to stay hear in France, if it be consistent uith your
pleasur, is till the nixt spring. . . . Sir, the uay hou I intend to
spend this tym that I desir by your permissione, is to stay hear thrie
or four moneths, becaus I hav my maisters ane half cheper hear then
at Paris, and my dyet a great deall cheper lykuays ; I can learn mor
of the French toung hear in ane moneth, then I can in Paris in four
moneths, in respect ther is but tuo or thrie Inglishmen in all this
toun, and ther is abov fortie in Paris; my Lord Drummond can in-
form you of all this; and then nixt to Orliens or som other toun
upon the river of Loer, and sty till September or October ; and then
goe to Paris and sty, God uilling, all this nixt uinter, and com
hom by London the nixt spring.”.”
William Steuart, younger of Balleed, eldest son of John's paternal
1 This Aldie confirms in a letter to Sir Thomas, dated Whitehall, 20th February 1669. –
[Original Letter at Murthly.] * Original Letter at Murthly.
JOHIV STE UART OF GRAWDTULLY_ 16S8-1720. CXXXV
uncle, John Steuart of Balleed, was married in March 1669 to Mar-
jory, daughter of Colonel James Menzies of Culdares." William, in
notifying the happy event to his cousin, John Steuart, younger of
Grandtully, 24th March 1669, informs him that on the 17th of
that month he received two letters from him, dated the 11th and
20th of December and January, with which he was overjoyed; that
at that time he was contracted with Colonel Menzies's daughter,
with whom he was now married ; and that the lady presented her
- “In which choise,” he adds, “(blissed
be God,) I hawe so much satisfactione, that I cannot but render you
respects very heartily to John.
thanks for your approbatione therof as not the smallest of the consi-
derable courtesies and favors conferred on me.”
Sir Thomas Steuart, who placed entire confidence in his son, was
liberal and prompt in sending him remittances of money; “for,” says
he in one of his letters to him, “I know ye spend non bot what ye
can not hold in, and what ye spend in good companie, and learning
of your exercisses, I think it verie weill bestowed.” In another
letter to him, dated Edinburgh, 25th June 1669, he writes, “I
am verie glaid to heer
that ye take such paines in your
1 In reference to Colonel Menzies, Thomas
Steuart, afterwards Lord Balcaskie, communi-
cates to John Steuart, younger of Grandtully,
in a letter without date, but written in 1671,
the following melancholy piece of intelligence:
“We have hot and tragick reports here of ane
slaughter committed on the Laird of Lochnell
Campbell, (Colonell Menzies and severall other
gentlemen being in companie at the time,)
and the truth of it is too certane.”—[Original
Letter at Murthly..] Brodie in his Diary (p.
312) has the following entry on this subject:
“I heard of the death of Lochinzeal in the
L. Argyl's house, slain, as is thought, by
Colonel James Menzies.”
* Original Letter at Murthly.
3 Vol. ii. p. 187, No. 121.

cxxxvi INTRODUCTION.
exercises, which I wold have yow to doe moderatlie, lest it wrong
yowrselfe.”"
In the prospect of John's returning to London, his brother-in-law,
Sir James Mercer, in a letter to him from Whitehall, 24th November
1669, gives him an item of advice from his father, relating to the
article of dress, about which all of them were specially careful :
“Your father does desyre yow to be sparing in buying many clothes
att Paris, Seing they will not serve heir at the Court, they being heir
in long vestes, and his advyse is good; so ye will do weill to take .
sume of it. But ther is another reason; the Court is all in mourning
heir, and will not be, as I heare, in laced linning till Easter ; so I
cannot as yet advyse yow till I know your dyet of cumming home.”
In a letter to his father, 22d October 1669, John expressed
it as his intention to come by Flanders and Holland to England.
But his father in his reply, 15th January 1670, dissuaded him from
carrying out that intention, in consequence of the troubles existing
at that time in those parts, and he would have him to return to
England about the close of March, that he might be in Scotland
towards the end of April.” John Steuart appears to have returned
to London from France in the month of April. In a letter to his
father, 30th April 1670, he requested that he might be permitted to
stay two or three months longer in London. His father assured
him that he would gladly have consented to this request had he
been able to travel himself about on business, and desired him to
Vol. ii. p. 190, No. 124. " Original Letter at Murthly. " Vol. ii. p. 193, No. 127.
JOHN STE UART OF GRA VD7'ULL Y. 1688-172(). cxxxvii
come down to Scotland with Aldie, that he might be there on the
1st of June." He returned to Scotland about the time that his father
desired.
Whilst John was in London, his sister Jean, Lady Aldie, gave
him “a watchword” on the head of matrimony, which she recom-
mended to his serious consideration. His brother-in-law, Sir James
Mercer, in the name of Lady Aldie, reverted to the subject in a letter
to him after his arrival in Scotland from Whitehall, 2d December
1670. “My wyfe longes much to heare of your being fitted with
a wyfe, and she gave yow ane watchword concerning one, and now
ther being ane report Wpon your being in Balbedie, she thinks that
does not sute your qualitie and condition. I sall be glad to know if
ye haue any thoughtis of present settlement, or if ye intend to look
about yow till the spring.” John, however, did not follow his sister's
advice on the subject of matrimony, having lived and died unmarried.
After he had left the College of St. Andrews, the young Laird
of Grandtully was not unmindful of his Alma Mater and the pro-
fessors under whom he had studied. James Rymer, Professor of
Philosophy in the old College, in a letter to him from St. Andrews,
10th January 1671, thanks him that he had not forgotten that Lent
was kept in the College. He jocularly adds, “I shall remember in
, and yet I wish with all my heart
aqua vitae your lady, Miss
that soone I may want the opportunity of doing so by your turning
M. into such a wife as is deserved by you, and desired by, right
* Vol. ii. p. 195, No. 129. * Original Letter at Murthly.
cxxxviii IAWTRODUCTION.
honourable, your most humble servant.” In 1673, John contributed
466, 13s. 4d. towards erecting an observatory and purchasing mathe-
matical instruments for the University of St. Andrews, which he
transmitted to Mr. James Rymer, who had been empowered by the
University to receive contributions for that object.”
On the death of his brother-in-law, Sir James Mercer of Aldie,
which took place at London, on Sabbath the 19th of February 1671,
John was requested by his sister Jean, Lady Aldie, to superintend
the funeral of her husband, whose remains, embalmed, were sent
down to Scotland for interment in his burial-place at Perth, and
to provide that the last duties should be performed as creditably and
honourably as became a person of his quality and worth ; a request
with which he readily complied, and for which his sister expressed
to him her warmest thanks.”
One of John Steuart, younger of Grandtully's, most frequent
correspondents from early life to advanced age, was his cousin,
Thomas Steuart, afterwards Lord Balcaskie. During the time that
John was on the Continent, in the years 1668 and 1669, Thomas
often wrote to him, giving him the news from home. After the
return of John to Scotland, Thomas, in one of his letters to him,
dated Perth, 25th October 1671, says, “Mr. Malcome and Mr. Rymer
conjured me to present their respects to you, Sir, and I find them
most sensible of your kindness and civilities to them, for they have
1 Original Letter at Murthly.
* Original Receipt by Mr. Rymer, dated 10th December 1673, at Murthly.
3 Vol. ii. pp. 201-204, Nos. 136-138.

JOHN STE UA RT OF GRANDTULL Y___ 1688-1720. cxxxix
enlarged thereon to my heareing with the greatest resentment imagin-
able, speciallie on your yesterday's great complement in seeing them
so farre in their way. As for my selfe, Sir, I must lay up your in-
numerable favoures and undeserved kindnesses in a deep silence, and
groane under the sense of them till such time that I be in some
capacity to express the same.”
When Thomas was a student at Leyden, and travelling in France,
one of the persons with whom he most frequently corresponded was
John Steuart, younger of Grandtully; and he then executed for
him some small commissions. Thomas, in one of his letters to John,
dated Paris, 15th May 1675, informs him that he had sent him
the four and a half French yards of velvet, and the periwig which
he had written for. “As to the periwick,” he says, “you de-
syred it, Sir, of a dark colour, which I took for a good chessnute,
which is the colour most in fashione in France, and non lighter,
except, if onie, of that which they call la couleur cendrée, Monsieur,
that some strangers weares, specially the Inglish. I bought it thicke
and long in the haire, judgeing it better then aither too thine or too
short. It is well put up for carrying, and the long curles thereof
wrapt up with papers, if it be not spilt on the way by that damned
crew of hellhounds, the waiters, by their opening it, whereof its bearer
has promised to be carefull.”
Among the friends and correspondents of John Steuart of Grand-
tully may also be noted John Graham of Claverhouse. Two of Claver-
* Original Letter at Murthly. ? Original Letter at Murthly.
cxl
INTRODUCTION.
house's letters to him, written in March 1676, relating to the purchase
of a horse from him, are printed in the collection of letters." Claver-
house was then about to sail for Holland, to serve under the Dutch,
in whose service he continued till the year 1677, when he returned
to Scotland. The following letter, written by the desire of Claver-
house to the Laird of Grandtully, younger, explains the good under-
standing which existed between them —
“Dundie, 4 Aprill 1676.
“RIGHT HONNORABLL SIR,
wice presented to yow, and did intend till haw wreittin to yow him-
sellf, but was much strained with tym, for hie intended not till haw
sailed till Munonday last, but was forsed to seall upon Saterday, and
But I hop this day hie is in Holland. Sir,
your hors givs him good satisfaction at present, and I hop the longer
went a litell in heast.
he keeps him the better. Sir, Clawerhous commanded me to intreitt
yow if ye culd help Collonell Graham with any men who wold go to
Holland with him willingly, hie wold tak it as a fawor dun to him-
sellf.
Laird, your father, himself. Hie wants sum men, which trubells him
Hie is heir for the present, and the Collonell his wreitin to the
much ; and send them to me, and I shall haw a cair of them, and
The Laird off Clawerhous hid his ser–
1 Vol. ii. pp. 229, 230, Nos. 159, 160. These
two letters, as may be concluded from a com-
parison of them with the letter that here follows
in the text, as well as from internal evidence,
were written to John Steuart, younger of
Grandtully, not to his father, Sir Thomas.
The alleged illiterate style of Claverhouse's
letters has formed a subject of controversy.
Both Sir Walter Scott and Lord Macaulay
have animadverted, in strong language, on
his bad spelling; while Mr. Mark Napier, in
his Life of Dundee, takes exception to their
remarks as unwarranted by the letters of
Dundee.
JOHN STEUTART OF GRAND 7" ULLY 1688-1720. cxli
pay them a dollar in hand and sex pence ewery day; and if thos
men be not plaised with the serwice at the end of this campain,
they shal haw their pas till cum hom or go where they plais. Sir, I
shall again most ernestly intreit yow to doe Collonell Graham all the
favor ze can, which is ernestly [what] I intreitt for, Sir,
“Your most obedient servant, J.A. GRAHAM.”
John Steuart accompanied the Highland host which was raised
by the Marquis of Athole and the Earls of Mar, Murray, Caithness,
Perth, Strathmore, and Airlie, according to a Commission issued by
Charles the Second, on 26th December 1677, for the purpose of
enforcing conformity on the western counties of Scotland, and which
advanced to Stirling, where they were joined by the militia under
the command of the Earl of Linlithgow. Writing on 11th December
1677 to Sir Thomas Steuart of Grandtully, Thomas Steuart, afterwards
Lord Balcaskie, alludes to the formation of the Highland host. He
says that the Marquis of Athole, the Lord Caithness, and some others
had reported their diligence in putting some highlandmen in a pos-
ture of war, and to be ready at command.” On the 25th of January
1678, this formidable host, consisting of 10,000 men, of whom 8000
were Highlanders, marched from Stirling, although “a great many
gentlemen had come from the West to use all possible endeavours for
preventing their march,”—and, directing their course by Glasgow to
the western counties, spread consternation wherever they went. But
* Original Letter at Murthly. The leaf * Original Letter at Murthly.
containing the address is torn away. * Vol. ii. p. 234, No. 165.
S
cxlii INTRODUCTION.
the people having offered no resistance, there was no fighting ; and
the only achievements of the host were living at free quarters, press-
ing the bond for conformity, in which, however, they had little
success, seizing horses, and committing other depredations. Towards
the end of February 1678, the Highland host was ordered by the
Committee of Council to return. They returned except 600, who,
with the Angus militia and standing forces, continued till the end of
April, when orders came to dismiss them. Thomas Steuart, afterwards
Lord Balcaskie, in a letter to Sir Thomas Steuart of Grandtully,
dated Edinburgh, 28th February 1678, thus writes:—“Within these
four dayes I have account from the hoste that your some is in good
health, and that he is to be shortly home with the rest of the
gentlemen. Only are to leave six hundred of the Highland men,
whereof 200 [are] my Lord Athol’s, a 100 of Marr's, a 100 of Caith-
nes's men, and 50 of Perth's, with as many of the Earl of Murry’s.”
This laird of Grandtully appears to have been open, accessible,
willing to do a friend a good turn, and withal disposed to indulge in
that kind of conviviality which was peculiar to his time. Parties
who, in their difficulties, were desirous of borrowing money from his
father, often solicited and obtained his favourable interposition ; but
in cases of this kind he always acted with a wise discrimination. His
cousin, Sir Thomas Steuart, Lord Balcaskie, in a letter to him dated
4th November 1684, before he had succeeded to his father's estates,
addresses him, “My most generous patron and no less kynd benefactor,
* Vol. ii. p. 234, No. 166.
JOHIV STEUART OF GRANDTUI, L. Y. 1688-1720. cxliii
which I am very proud to owne before the world.” His sister Jean,
Lady Aldie, in one of her letters to him, 24th February 1686, tenders
to him the following advice —“I earnestly intreat you to have a care
what company you keep, upon severall accounts, for I hear that my
Lord Panmure, tho’ he was as moderate a man as many in Scotland,
yet it was after drinking he fell in that feaver whereof he died.”
John, in so far as he had been intrusted with the management of
his father's affairs, seems to have acted with prudence and judgment.
He thought, however, that he was invested with less power by his
father than what he was entitled to, and offended at this he proposed
to go abroad. Lord Balcaskie in a letter to his uncle, Sir Thomas,
5th November 1687, informs him, under secrecy, that such was the
intention of his son, unless he had more of his will in the manage-
ment of his father's affairs at home and elsewhere; but he begs Sir
Thomas not to seem to know any such thing, and to give his son
more liberty of action than he had done. He had ground to assure
Sir Thomas that John would do nothing of the least consequence, even
after he had been indulged herein, without his father's knowledge.
“If he should leave you now,” he adds, “it would certainly be un-
speakable matter of trouble and griefe to you, besydes the talkeing
and noise it would make in the country, whereat enemies would
laugh and friends pity and regrate, and be ready enough to blame
and mis-report you in the thing, and say it is the misfortune of the
family.”
1 Vol. ii. p. 263, No. 198. * Vol. ii. p. 281, No. 212. * Original Letter at Murthly.
cxliv INTRODUCTION.
Another of John Steuart's correspondents was William Hay,
who was an adjutant in the Scottish regiment in England, in the
service of King James the Seventh, shortly before, and at the time
of the Revolution of 1688. From the letters of this correspondent,
who usually subscribes himself “your faithful (or loving) comrade,”
we learn that John was in England at the baths in the summer of
the year 1688. In a letter to him from London, 9th June 1688,
Hay writes:—“I am glad that you are in health, and continowes in
your resolution to come to the beathes, where I shall be readdie to
weatt on you.” This letter and another dated 26th June 1688 are
addressed “to John Stewart of Grandtully, younger, at John Greme's
house in the head of the School Wynd, Edinburgh.” The next letter
to him from William Hay, dated 28th July 1688, is addressed “For
the Laird of Grandtully, at Mr. Haywood's, hard by the Cross Bath,
at the Bathes.” He returned to Scotland in the month of September.
Hay, in a letter from Hull, 24th August 1688, addressed to him at
London, says, “This day our battallion come to Hull, wher we
receaved neues of our marching to Scotland again the 4th of the
next mounth. . . . I houp you shall overtak us upon our way.”
From the letters of this correspondent some additional extracts
may be given relating to the state of public affairs at that time. The
revolution was then imminent, and the sentiments both of Hay and
the Laird of Grandtully were strongly in favour of King James the
Seventh, in opposition to William Prince of Orange. In a letter to
* Original Letters at Murthly.
JOHN STE UART OF GRANDTULL Y 1688-1720. cxlv.
Grandtully from Hull, 30th October 1688, Hay writes:–“I receaved
yours this morning, and was warrie glad of your Saeff arreywall
in Scotland, and randeres you manney thankes for your kyndnes as
to weatt on my spoues. The neues this day by privatt letteres .
beares that the Douitish for certane hath losed two men of war,
four hounderreath horses throne over board, and severall of the fley
boates a missing, and that the souldeares had taken the fleux, and
that the States had sent for the Prince, . . . who deny'd to go
ashoare, but att last went privatelie, and if they be att sea agaein, I
houpe they shall have the same succes.” The Prince of Orange set
sail for England from Helvoetsluys on 19th October 1688. His
fleet consisted of sixty-four ships of war, more than 500 trans-
ports, upwards of 15,000 troops, and spare arms for 25,000 men.
But the whole fleet was dispersed and driven back by a dreadful
hurricane, and after struggling two days with the tempest, the Prince
returned to port with only four ships of war and sixty transports.
The damage sustained having been repaired, he again left the shores
of Holland on the 1st of November with a favourable wind, and on
the 5th of that month he landed at Torbay."
In another letter from Hull, 9th November 1688, Hay writes
thus to John Steuart of Grandtully:—“This day we march touwardes
the Duneing, for yow certainlie know be this tyme of ther landing,
and I houpe in God to give you ane accountt of these rebealles befor
itt be long.” Again, writing to him from “Houmtentoune,” 22d
* Aikman's History of Scotland, vol. v. p. 266.
cxlvi. INTRODUCTION.
November 1688, he says, “We never have stayead a day be the way
since we marchead from Hull, and blissead be God, both officeres and
souldeares are all in health, and going with as good will to serve
thair King, as ever one thought long for meatt when they weare
houngrie. All your freandes heare drynkes your health, and in a short
tyme trouistes in God to geave you ane account of the rebealles. The
King, God preserve him is gone to the armie.” And in a letter to
Grandtully younger, from London, 8th December 1688, Hay writes:–
“I receaved youres this night. I am glad you are in health. Our
battalion is att Madenhead, 24 mylles from this. I thank you for the
good neues in your letter. The Major, Captain Murray, Lauthian,
and all the restt of our commerades drank your health the pastt
days.”
On receiving intelligence of the intended invasion of Britain by
William Prince of Orange, the Privy Council of Scotland took steps
for calling out the forces of the kingdom. Orders were given that the
militia should be mustered, and the Highland chieftains were required
to raise a number of men in proportion to their estates, who were to
be brought to Stirling for the assistance of his Majesty in this alarm-
ing conjuncture of affairs. The number of men whom Grandtully
was required to raise was fifty. On this subject his relative, Sir
Thomas Steuart, Lord Balcaskie, wrote to him on the 1st of November
1688, the day on which the Prince of Orange embarked from Holland
on his expedition into England, the following letter:—
* Original Letters at Murthly.
JOHN STE UART OF GRANDTULL Y_1688-1720. cxlvii
“DEARE SIR,-Had any thing occurred worthy the expence of
ane express, I had sent one to yow without faile, but now that I have
the occasion of this express sent by the Councile for raiseing of a
thousand Highland men to be brought to Sterling with all the
dispatch that may be, whereof your proportione is fiftie, I believe, as
your letter for that effect will informe. It is too many to have putt
on you, but it could not be helped, specially now that you have the
power to raise them your selfe, and to appoint officers for them,
which I assure did create a great deale of hate in the Councile, but
Weime and the other gentlemen has you to thanke for being exemed
from that vassallage, whowever I owne it as motione from the Coun-
cile. I am glad that this express will find you at home, because it
will be the easier to raise your men that you are at home, and those
who brings their men first to Sterling will be considered as most
franke and forward in the King's service ; and they need bring no
more money or provisione alongs with them then what will serve to
come to Sterling, or a day more or so, for the King gives each of
them thrippence a day, and a pecke of meale in the week, with a paire
of new shoes so long as they continue in his Majestie's service, which
certainly will be a greate incouragement for their comeing cheare-
fully out, and if it were otherwise the burden were unsupportable.
I have not a word other newes of the Hollanders but as you left us ;
they are daylie expecting to heare of their landing, and I hope you
will be here about the beginning of the week, with a resolutione to
stay till the event of these hurries be better known. . . . I can give
cxlviii INTRODUCTION.
you no other newes, but that it's certainly believed that the Hol-
landers will land onne this week, specially now that the wind favours
them so much, so that the Sooner your conveniency can allow you to
come here it will be the better, and prevent all hurry and trouble
that accompany the same, and I doe thinke it a greate comfort to
friends to be neare one another at any time, but farre greater in time
of confusione and hurries. This, with my beast and choicest wishes
being with you, I am, till death, Sir,
“Your most obliged and faithful humble servant,
“T. STEUART.”
“Edinburgh, 1st November [16]88.”
The Hollanders landed in England, as we have seen before, and
so rapid and complete was the success of William Prince of Orange
that the Government of James the Seventh fell almost without a
struggle, and he fled to France. By the Parliament of England it
was declared that he had abdicated the throne ; and William, the
Prince of Orange, and his Princess Mary were invested with the
crown of England. By the Convention of Estates in Scotland, on 3d
and 4th April 1689, it was resolved that James had forfeited his right
to the crown, and the throne was declared vacant, and an Act was
passed on 11th April settling the crown of Scotland on the Prince of
Orange and his Princess Mary.
Whilst the majority of the people of Scotland were in favour
1 Original Letter at Murthly. -
JOILY STE UART OF GRA.VDTULLY 16SS-1720. cxlix
of the new Government, there was a large party in the kingdom,
including the great majority of the Highland clans, who were de-
votedly attached to the house of Stuart, and prepared, whenever a
suitable opportunity occurred, to draw the sword for the restoration
of the exiled monarch or his son to the British throne. On the death
of Queen Anne, this party, conceiving that circumstances favoured
such an enterprise, projected a rebellion in favour of James, com-
monly called the Pretender, Son of King James the Seventh. The
battle of Sheriffmuir, near Dunblane, between the Pretender's army,
commanded by the Earl of Mar, and George Duke of Brunswick's
army, commanded by John second Duke of Argyll, was fought on the
13th of November 1715. Both parties claimed the victory; and though
the power of the Earl of Mar was so weakened that he could never
again gather such an army as he then commanded, this uncertainty
as to the side with which the victory lay, served to keep alive the rebel-
lion till the Pretender landed in Scotland in the following month.
John Steuart of Grandtully, whose political opinions favoured the
House of Stuart in opposition to that of Brunswick, was not with
the insurgents at the battle of Sheriffmuir. His advanced age—for
he was then about seventy-two—prevented him from joining the
Pretender's army under the Earl of Mar, and sharing in the fatigues
of battle, and a body of Grandtully men was on that occasion
headed by his cousin, John Steuart of Innernytie. It was from
the cause now explained, not from a prudent policy, or in order to
save his lands in the event of the insurrection being suppressed,
f
cl I.VTRODUCTIO.V.
that the Laird of Grandtully stayed at home.' We shall presently see
that, so far from standing aloof from the Pretender, he actually enter-
tained and lodged him in his house. When the Pretender arrived at
Peterhead, on the 22d of December 1715, the Laird of Grandtully
united with others in congratulating him on his return to his native
and hereditary kingdom, and addressed him as one of his loyal and
dutiful subjects. On coming from the north to the south, the Pretender,
on Friday the 6th of January, about eleven o'clock in the morning,
made a public entry on horseback into Dundee, with a retinue of
about 300 cavaliers, having the Earl of Mar on his right and the
Earl Marischal on his left. At the desire of his friends, he con-
tinued about an hour on horseback in the market-place, the people
kissing his hand all the while. Having gratified his adherents in this
public form, James retired to the house of John Steuart of Grand-
tully, who then resided for the winter season in Dundee. During
his stay in Dundee, James was the guest of Grandtully; he dined
with him on the day of his entry, and he slept in his house the
same night.”
1 Sir Walter Scott, in one of his notes on
“Memoirs of the Insurrection in Scotland in
1715, by John Master of Sinclair” (p. 77),
adduces the fact that John Steuart of Inner-
nytie, descended from a cadet of the family of
Steuart of Grandtully, was at the battle of
Sheriffmuir, while the Laird of Grandtully
was absent, as one instance among many,
of the policy exercised by the more prudent
Jacobites in those uncertain times. “The
chief or representative of a great family staid
at home and professed submission, while it
often happened that some cadet, or younger
brother possessed influence enough to bring
out his followers and clan. Thus lands and
tenements committed no treason.” But Sir
Walter is incorrect in applying this policy in
the present case to the Laird of Grandtully.
* Rae's History of the Rebellion, p. 355.
The house in which the Laird of Grandtully
received James at Dundee was acquired from
JOHN STEUART OF GRANDTULLY 1688-1720. cli
By thus intercommuning with, entertaining, and harbouring the
Pretender, John Steuart of Grandtully rendered himself obnoxious
to the Government, and he was fined in the sum of £10,000. The
estate of his cousin, John Steuart of Innernytie, who headed the
Grandtully men at Sheriffmuir, was declared to be forfeited." º
There is a tradition that after the suppression of the rebellion
of 1715 the Laird of Grandtully, to escape falling into the hands of
the Government, concealed himself in the Old House of Murthly. To
arrest him, a troop of horse, it is said, was quartered in the two
outer courts of the House, but he was never apprehended.
Grandtully's friend, Alexander Carnegie, fifth Laird of Balnamoon,
joined the rebellion, and was at the battle of Sheriffmuir, at which he
was made prisoner; and he was one of the prisoners who were carried
to the castle of Carlisle. When incarcerated there he wrote the follow-
ing letter to Thomas Drummond, the Laird of Logiealmond, which we
here introduce, from the references which it contains to Grandtully,
whose infirm health Balnamoon regrets, and whose numerous proofs
of friendship toward him he warmly acknowledges:—
“Carlisle Castle, April 2d, 1717.
“DEAR SIR,-Being told that you was to be in Edinburgh, I
did gladly imbrace this opportunity to make ane offer of my hearty
service and best wishes to your lady and you. I'm Sorry to hear
David Kinloch of Killre. It is included in description of that tenement and lodging in
the entail of the Grandtully estates made by Dundee as possessed by him.
John Steuart in the year 1717, under the * Aikman's History, vol. vi. App. p. 13.
clii INTRODUCTION.
that Grandtully, honest man, is turned infirm of late. I hear he is
to settle all his affairs anew, which indeed is very reasonable. As
matters stands, I have but a melancholy view, altho' I gett out of
my present confinement. Ye know how I’m stated as to the worldly
affairs, and that I have no friend that is capable to doe me a kindness
now, unless Grandtully, from whom I have had aboundance already.
I shall say no more upon this subject, but refer you to Mr. Drum-
mond's letter. I shall make you noe complements, but allow me to
say I am, with great truth and sincerity,+\ours, etc., A. C.
“All the prisoners are well.”
“To the Laird of Logie Almond, to the care of Mr. William Drum-
mond, Edinburgh.”
During his possession of the estate of Grandtully, John Steuart
purchased several other properties. In the year 1704, he acquired
the lands of Graystane from John Young of Graystane. In the year
1707, he purchased from James Carnegie of Balnamoon the lands and
barony of Balnamoon, comprehending the lands and barony of Carald-
ston, now Careston, in the shire of Forfar, with the office of Dempster
and Solicitor in the particular Circuit Justice Courts and Sheriff Courts
of Forfar, and the lands and barony of Menmure, also in the shire of
Forfar. In the year 1709, he purchased from his cousin, John Steuart
of Innernytie, the lands and barony of Raitt, and the lands of Fingask
adjacent thereto, sometime held to be in the shire of Clackmannan,
* Original Letter at Murthly.
JOHN STE UART OF GRA VDTULLY 1688-1720. cliii
by annexation, though locally in the shire of Perth. In the year
1713, he purchased from James Earl of Southesk the lands of Water-
ston, in the parish of Fern and county of Forfar.
These acquisitions formed a large estate of themselves, par-
ticularly the baronies of Careston and Balnamoon. About the
year 1714, the Laird of Grandtully made considerable additions to
the mansion-house of Careston, and greatly enlarged and improved
the policies. His armorial bearings, carved in bold relief, are still
conspicuous from their commanding position in the front of the
castle, and many of the quaint carvings in wood in the different
apartments were executed in his time, all bespeaking his cultivated
taste.
The Castle of Careston, even before the additions made to it
by John Steuart, was described by Mr. Ochterlony of Guynd, in
his account of Forfar, about the year 1685, as “a great and most
delicat house, well built, brave lights, and of a most excellent
contrivance, without debait the best gentleman's house in the
shyre.”
A late writer on Forfarshire laments the present neglected state
of the old castle of Careston, which he fears will soon become a total
ruin. But even in its dismal appearance the castle presents traces
of the stately grandeur which it had acquired when finally decorated
by the taste of the Laird of Grandtully.
Although the baronies of Balnamoon and Careston are included
in the entail of Grandtully, which was made by John Steuart in the
Cliv INTRODUCTION.
year 1717, he appears to have sold them shortly before his death,
which took place in the year 1720, as these baronies did not descend
to his successor in the other entailed estates. He was probably in-
duced to sell Careston to meet the payment of the large fine which
was inflicted upon him in connexion with the insurrection in 1715."
On the 31st of March 1717, the Laird of Grandtully executed a
bond of taillie, whereby, for the regard he had to the wellbeing and
standing of his family, and that his estate might remain with his
own posterity, whom failing, with the other heirs of taillie and pro-
vision therein mentioned who were to bear the surname of Steuart,
he bound himself and his heirs, as well male as of line, taillie, con-
quest and provision, to make resignation of the lands and baronies of
Grandtully, Murthly, and others, in favour of and for new infeftment,
to be made—
(1.) To the granter himself, and the lawful heirs-male of his
body, and the lawful heirs whomsoever of their bodies; whom failing,
to the lawful heirs whomsoever of the granter's own body, and the
lawful heirs whomsoever of their bodies, the eldest heir-female
succeeding without division; whom failing,
(2.) To any person or persons that the granter should then, or
* The purchaser of Careston was Major
Skene, a cadet of the family of Skene of
Skene. The Major had two daughters, the
elder of whom was married to the Laird of
Skene, and the younger to Sir John Forbes
of Foveran. Both the daughters were mar-
ried at the same time, and their father de-
clared that he would provide Careston to
the daughter who should first have a son.
Mrs. Skene had a son before her sister, and
their father made her heir to Careston,
which now belongs to the Earl of Fife, as
descended from that successful son.
JOH.W STE UART OF GRA VDT' U L I, Y_1688-1720. cly
at any time thereafter during his life, or in the article of death, nomi-
nate to succeed to the said lands, baronies, and others; and failing of
any such nomination, or the same being made and afterwards revoked
or cancelled, or if the persons therein named, or to be named, should
fail, then -
(3.) To the eldest son, John Stewart, late of Innernytie's body,
and the heirs-male of the said eldest son's body; whom failing, to the
second, third, fourth, and remanent sons of the said John Stewart, late
of Innernytie's body, and the heirs-male of the said second, third,
fourth, and remanent sons' bodies, successive and in order after each
other, according to the priority of their birth ; whom failing,
(4.) To Sir George Stewart, eldest lawful son to the deceased Sir
Thomas Stewart of Balcaskie, late one of the Senators of the College
of Justice, and the heirs-male of his body; whom failing,
(5.) To the eldest lawful son of John Stewart, second brother to
the said Sir George, and the heirs-male of the said eldest son's body;
whom failing, to the second, third, fourth, and remanent sons of the
said John Stewart, and the heirs-male of the said second, third, fourth,
and remanent sons' bodies, successive and in order after each other,
according to the priority of their birth; whom failing,
(6.) To Kenneth Stewart, third brother to the said Sir George
Stewart, and the heirs-male of his body; whom failing,
(7.) To Archibald Stewart, only lawful son to the deceased
Patrick Stewart, factor in Edinburgh, and the heirs-male of his body;
whom failing,
clvi I.VTRODUCTIOA.
(8.) To Thomas Fotheringhame, eldest lawful son to the deceased
Patrick Fotheringhame, younger of Powrie, and the heirs-male of his
body; whom failing, to David, John, and James Fotheringhame, sons
of Thomas Fotheringhame of Powrie, successively in their order, and
the heirs-male of their bodies respectively; whom failing, to the
eldest, second, third, fourth, and remanent sons of Archibald Fother-
inghame, fifth lawful son to the said Thomas Fotheringhame, succes-
sively in their order, and the heirs-male of their bodies respectively;
whom failing, to Alexander, Charles, George, Eugene (the sixth,
seventh, eighth, ninth), and to the tenth and remanent lawful sons
of the said Thomas Fotheringhame, successively in their order, and
the heirs-male of their bodies; whom failing,
(9.) To Thomas Drummond of Logiealmond, and the heirs-male
of his body; whom failing, to John Drummond, eldest lawful son to
William Drummond of Ballathie, and the heirs-male of his body;
whom failing, to the second, third, fourth, and remanent sons of
the said William Drummond, and the heirs-male of their bodies
respectively; whom failing,
(10.) To Thomas Crichtoun of Ruthven, and the heirs-male of
his body; whom failing, to Thomas Crichtoun, the eldest son, and to
the second, third, fourth, and remanent sons of Mr. Patrick Crichtoun,
chirurgeon-apothecary in Dundee, second brother to the said Thomas
Crichtoun of Ruthven, successively in their order, and the heirs-male
of their bodies respectively ; whom failing, to the eldest son, and the
second, third, fourth, and remanent sons of William Crichtoun, third
JOH.W STEUART OF GRANDTULL Y_1688-1720.
clvii
brother to the said Thomas Crichtoun of Ruthven, successively in their
order, and the heirs-male of their bodies respectively; whom failing,
(11.) To James Carnegie," the eldest, and David Carnegie, the
Second, and the third, fourth, and remanent sons of John Carnegie
of Boysack, successively in their order, and the heirs-male of their
bodies respectively; whom failing,
(12.) To James Carnegie, the eldest son, and the second, third,
fourth, and remanent sons of Alexander Carnegie, late of Balnamoon,
successively in their order, and the heirs-male of their bodies respec-
tively; whom failing, to return to the granter and his nearest and
lawful heirs-male whomsoever; whom failing,
(13.) To his other heirs and assignees whomsoever, under the
reservations, provisions, and limitations therein specified.
Of the same date, John Steuart executed a nomination of heirs.
This deed proceeds on the narrative of the said bond of taillie, and of
the destination of heirs therein contained, and of a disposition and
assignation of the same date, by which the granter had disponed to
the said heirs of taillie his personal and moveable estate. It further
* The Carnegies of Boysack and Balnamoon John Steuart, younger of Grandtully, dated
appear to have been named heirs of entail
to Grandtully through the marriage of John
Carnegie of Boysack and Jean daughter of
David Fothringham of Pourie. She married,
secondly, James Carnegie third of Balna-
moon.—[History of the Carnegies, Earls of
Southesk, and their kindred, vol. ii. pp. 429-
431.] Mr. Henry Steuart, brother of Sir
Thomas Steuart, in a letter to his nephew,
Perth, 8th December 1668, adds the following
postscript :—“My Sone-in-law, Doctor Car-
negie, is dead within thir ten or tuell days.”
This Doctor Carnegie was probably of the
Boysack or Balnamoon family. But his
exact position in the Carnegie pedigree has
not been ascertained.—[Original Letter at
Murthly. ]
Q0,
clviii INTRODUCTION.
narrates that in the foresaid destination the granter had for certain
causes and considerations passed by and left out in the order of suc-
cession John Steuart, late of Innerny tie; John Steuart, brother-german
to Sir George Steuart, eldest lawful son to the deceased Sir Thomas
Steuart of Balcaskie, late one of the Senators of the College of Jus-
tice; Thomas Fotheringham of Powrie; Archibald Fotheringham, his
fifth lawful son; William Drummond of Ballathie, brother-german to
Thomas Drummond of Logiealmond ; Mr. Patrick Crichtoun, chirur-
geon-apothecary in Dundee, brother-german to Thomas Crichton of
Ruthven ; William Crichton, also brother-german to the said Thomas
Crichton of Ruthven ; John Carnegie of Boysack ; and Alexander
Carnegie of Balnamoon. The deed of nomination of heirs further
narrates that the granter, not only as absolute fiar, but also as having
power to dispose of his estate and the succession thereof as he should
think fit, being resolved in the events underwritten that the above-
named persons should succeed in their proper rank, according to the no-
mination and destination underwritten, therefore, in case King George
or his royal successors should be pleased to receive the said John
Steuart, late of Innernytie, Archibald Fotheringham, fifth lawful son
to Thomas Fotheringham of Powrie, and Alexander Carnegie, late of
Balnamoon, into their royal favour, and to grant them remissions or
indemnities of the crimes for which they stood convicted or attainted,
by which they might be rehabilitated, and participate, like others, in
the benefits and privileges of His Majesty's true and faithful subjects;
and in case the said John Steuart, brother-german to the said Sir
JOJIV STEUART OF GRANDTULL Y_1688-1720. clix
George Steuart, Thomas Fotheringham of Powrie, William Drummond
of Ballathie, Mr. Patrick Crichton, chirurgeon-apothecary in Dundee,
William Crichton, brother-german to the said Thomas Crichton of
Ruthven, and the said John Carnegie of Boysack, should give evi-
dences of their being free from any suspicion of treasonable practices
against the Government, or should be free and safe from any con-
viction or attainder against them for the same, in these cases, and
not otherwise, the granter, under the reservations and provisions
particularly expressed in the said bond of taillie, nominated and
appointed the persons underwritten, failing the heirs of the granter's
own body, male or female, and failing any other nomination to
be made by him, to succeed to him in his lands and estate con-
tained in the said bond of taillie, and in his personal and moveable
estate, disponed by the foresaid disposition and assignation of the
same date, viz., the said John Steuart, late of Innernytie, and the
heirs-male of his body ; whom failing, the said Sir George Steuart,
and the heirs-male of his body; whom failing, the said John
Steuart, his second brother, and the said Kenneth Steuart, his
third brother, in their order, and the heirs-male of their bodies
respectively; whom failing, the said Archibald Steuart, only lawful
son to the said deceased Patrick Steuart, merchant and factor in
Edinburgh, and the heirs-male of his body ; whom failing, the said
Thomas Fotheringham of Powrie, and the heirs-male of his body;
whom failing, the said Thomas Drummond of Logiealmond, and the
heirs-male of his body; whom failing, the said William Drummond,
clx JWTRODUCTION.
his brother-german, and the heirs-male of his body; whom failing,
the said Thomas Crichton of Ruthven, the said Patrick Crichton, his
second brother, and the said William Crichton, his third brother, in
their order, and the heirs-male of their bodies respectively ; whom
failing, the said John Carnegie of Boysack, and the heirs-male of his
body; whom failing, the said Alexander Carnegie of Balnamoon, and
the heirs-male of his body ; whom failing, to return to the granter,
and his nearest and lawful heirs-male whomsoever ; whom failing, to
the granter's other heirs and assignees whomsoever, under the reserva-
tions, provisions, and limitations, particularly expressed in the said
bond of taillie."
The entail made by John Steuart in 1717 continues to be the
regulating entail of the Barony of Grandtully.”
After enjoying the family estates from the death of his father in
1688, for a period of nearly thirty-two years, this laird of Grandtully
died in February 1720,’ aged about seventy-seven years.
* Extract Registered Bond of Taillie and
Nomination of Heirs at Murthly.
* In the year 1851, the present proprietor
of Grandtully raised in the Court of Session a
summons of declarator of the invalidity of the
entail. Defences were lodged for the next
heirs of entail, and the Lord Ordinary (Cowan)
sustained the defences by an interlocutor, dated
19th March 1853. Against this interlocutor
a reclaiming note was presented to the Second
Division of the Court of Session on 27th April
1853. But this proceeding was not followed
out to a conclusion on the part of the pur-
Sller.
He died in
In the summons of declarator the following
persons were called as defenders, being the
whole heirs of entail then in existence, so far
as known to the pursuer ; viz., William George
Drummond Steuart, son of the pursuer;
Archibald Douglas Steuart, only surviving
brother of the pursuer ; John and Robert
Steuart, both residing in Perth, grandsons of
the deceased Sir John Steuart of Grandtully;
James Lord Douglas, of Douglas; Thomas
Frederick Fotheringham, of Powrie ; Frede-
rick Fotheringham, residing in Edinburgh.
* “The Laird of Gairntully died last week
att Dundee, and is succeeded by Sir George
JOHN STE UART OF GRANDTULL Y-1688-1720. clxi
his mansion in Dundee, in which he had received the Pretender as a
guest five years previously. Dying unmarried, and the male line of
his uncle, Sir William Steuart of Innernytie having failed, he was
succeeded in the baronies of Grandtully, Murthly, and Strathbran by
his cousin, Sir George Steuart, Baronet, the eldest son of Sir Thomas
Steuart, Lord Balcaskie. Sir George is expressly named in the deed
of entail of the late Laird of Grandtully.
Some time before his death, John Steuart of Grandtully mor-
tified the sum of 20,000 merks Scots for the support of twelve
poor men on the estates belonging to him, of the communion
of the Episcopal Church of Scotland. His own heirs, and the
heirs of the families of Fotheringham of Powrie and Carnegie of
Balnamoon, were appointed administrators of the fund, which was
called the Grandtully Mortification. About the year 1740, an hos-
pital was erected near the policies of Murthly as a residence for the
recipients of this charity. This hospital, however, was found to be
unsuitable, and the original destination having been in many respects
inexpedient or impracticable, the fund, which through careful manage-
ment has considerably increased, is applied to the relief of poor people
on the estate, without reference to their religious persuasion.
A portrait of John Steuart, the entailer of Grandtully, is pre-
served at Murthly. A lithograph of it is here given. According to
the portrait, he was of a dark, swarthy complexion. This was a family
Steuart, the late Lord Balkassky's eldest son.” son, Lord James Murray, 5th March 1720, at
—[Letter, John first Duke of Athole to his Dunkeld.]
clxii INTRODUCTION.
characteristic till the alliance between Sir Thomas Steuart and Lady
Jean Mackenzie, who brought fair hair into the Grandtully family.
John Steuart, the entailer, was the first cousin of Lord Balcaskie,
who was the grandfather of Archibald Steuart, afterwards Lord
Douglas of Douglas, only surviving son of Sir John Steuart and Lady
Jane Douglas. Lord Douglas had a striking resemblance to old
Grandtully, the entailer. On first seeing Lord Douglas on a visit at
Bothwell, the present representative of the Grandtully family was
much struck with the resemblance between his Lordship and the
portrait of old Grandtully, and this would have convinced him, had
he ever doubted, that Lord Douglas was really the son of his great
grandfather and Lady Jane Douglas.
Jo H n sit E J A R T of G R An D T U L L Y :
B-O-R n - C - 1 & 4-3 . D-1. E. D. 172 - .

clxiii
SIR THOMAS STEUART, LORD BALCASKIE-c. 1640–1700.
Thomas Steuart, who was a man of eminent abilities and learn-
ing, was the eldest son of Henry Steuart, fourth son of Sir William
Steuart of Grandtully, one of the gentlemen of the bedchamber of
King James the Sixth. Having completed his literary studies, and
attended the classes for law, with the view of engaging in practice as
an advocate at the Scottish Bar, he proceeded to the Continent in the
year 1674, as we learn from his letters, some of which are dated from
Paris in May and July that year," for the purpose of studying law
at the University of Leyden, which, from the fame it had acquired,
was resorted to by many of our countrymen, especially by such of
them as had devoted themselves to the study of law and medicine.
He appears to have remained abroad about two years.
After Thomas had been on the Continent nearly a year, his father
was urgent that he should come home. This, however, Thomas was
very reluctant to do, as he would thus, from the shortness of his stay
abroad, be deprived of the advantages he had expected to derive from
attending the University of Leyden. His father, however, mainly
through the interposition of John Steuart, younger of Grandtully,
yielded to Thomas's earnestly expressed desire to be allowed to remain
in Holland for the period originally contemplated. Thomas, in a letter
* Vol. ii. pp. 217, 218, 220, Nos. 148, 149, 150.
clixiv INTRODUCTION.
to his cousin, John Steuart, younger of Grandtully, dated Paris, (to
which he had come about the end of March,') 16th April 1675, thanks
him for having been at such pains to obtain the consent of his father
for his stay abroad during the time he with solid reason begged for, and
for his free and generous offers as to advancing him money; but he
was unwilling to put him to the performance, and if his father could
not do it, he behoved to suffer.” In another letter to John, dated
London, 15th May, same year, Thomas says, “Finding my father has
condescended to my earnest desyre as to my stay abroad, and knowing
that you have been pleased to be the chiefe instrument thereof, where-
by I assure you, Sir, you have crowned all the kindnesses and speciall
favours that formerly you so aboundantlie heaped on me, for all of
which my soul thankes you, and the constant tract of the good deeds
and gratuities that your father and you are pleased to multiply on
me, calls for a head and pen infinitly beyond what I can pretend
to, to sett off. . . . wherefore I shall let my deep silence speake for
my sensibly affected heart.” In a postscript he says that he would
be in London only till the beginning of June.”
In this letter, Thomas communicated the following curious piece of
intelligence concerning the King of France —“Notwithstanding . . .
that it be not my ordinary to write newes, yet I shall plead liberty
to give you a short touch of a signall instance of the King of France's
Christianity and devotion, tho, perhaps, you have already heard it,
* One of his earlier letters to John is dated * Original Letter at Murthly.
Geneva, 18th January 1675. Original Letter -
at Murthly. * Original Letter, ibid.
SIR THOMAS STEUART, LORD BALCASA/E—c. 1640-1700. clxy
and runnes thus: On the Wednesday before Good Friday, he had a
long and serious conference with the father Jesuite, his confessour,
and a little after the result thereof, he called for Madam Montes-
pang, and told her he would dally no more with her at the rate he
has done, but that henceforward he intended to consider more seri-
ously the interest of his salvatione, and commanded her to retire
herselfe from Court, which she did nixt morning, being Thursday by
the point of day, but she beged on her knees that he would let her
see him twice before he went to the campagne, whereunto he conde-
scended, after much importunity, and the first time thereof was ten
dayes or he went to the campagne, at a privat review he had of
some of his guards, and the other time, that Saturday morning, he
parted from St. Germains to make the campagne, both of which was
at a greate distance, and it's talked she is to retire herselfe to a
monastery, whereby he will let the world see that he is justly called
the most Christiane King, and for courage, bravour, and conducte at
warre, Alexander and Caesar are but apprentices to him, and for
counsell, and policy, and wisdome he emulats Solomon; and what
may be his fortune this summer, the Lord knows, but he is for the
tyme at Louxembourg, and it's in vaine for me to talke of him to
you, seeing you know his accomplishments much better than I.” "
Returning again to the Continent, Thomas continued there till
the Summer of the year 1676. One of his letters, which is addressed
to his cousin, John Steuart, younger of Grandtully, is dated Leyden,
* Original Letter at Murthly.
clxvi INTRODUCTION.
27th June 1676." Another is written to his uncle, Sir Thomas Steuart,
from Edinburgh, 29th July same year.” He had returned to Scotland
in the interval between these two dates.
To his uncle, Sir Thomas, who had a warm affection for him, and
who interested himself in his welfare as if he had been his own son, he
appears to have been largely indebted for pecuniary resources during
the time that he was on the Continent. In a letter to Sir Thomas,
dated 16th April 1676, he thus expresses himself:-“I did my selfe
the honour as to write to you the close of February, showing my re-
ceipt of the last three hundred guilders you was againe pleased to gift
me, for which I heartily thanke your honour, as well as for all former
markes of honour and kindness of whatsoever nature, not dareing to
insist in that behalfe, and were I able to express my thankefulness in
a better way, I should be very loath to trouble you so much and so
frequently, by doeing it aither by word or write, tho' all I have
hitherto witnessed by aither of the aforesaid ways be farre short of
my most sincere and deep sense thereof, and if ever I be treisted with
an occasion I shall make it effectually to appeare so to the world, so long
as my blood is warme, and let me die in the minute that interest or
any other by-end or consideration obliges me to flatter or dissemble
with you in point of love, duty, honesty, and honour for you and all
your reall concerns. . . . Were I to give you my thoughts of your
very letters alone, I would be yet much more tedious then ever, there
being few words of them that does not speake openly more honour
1 Original Letter at Murthly. * Original Letter at Murthly.
SIR THOMAS STEUART, LORD BALCASKIE-c. 1640–1700. clzvii
and kindness to me-ward then might make many proud, and creaves
leave to tell ingenuously that suppose I had never got a crown of
your money, as I have got, I may say, thousands, yet your other
endearements put on me does justly challenge the Sacrifice of what’s
dearest to me in a world, if it came in competition with your true
service, honour, or interest.”
- In a letter to his uncle, Sir Thomas, 29th July 1678, accom-
panied with two pounds of tobacco, he informs him that he had
sprained his foot when dancing. But, to allay his uncle's suspicions
as to the way in which he had met with the accident, he says, “It
was in the forenoOne I gotte it, not that I thinke you would miscon-
structe the occasion, which, the truth is, was while I was making a
foole of my feet.”
Upon his return from the Continent, Thomas Steuart, following
the profession of his father, commenced practice as an advocate at the
Scottish Bar. To the kindness of his uncle, Sir Thomas, in furthering
his prospects in that profession, he probably refers, in a letter which
he wrote to him from Perth, 25th December 1679 –“I thank you,
from my hearte, for one and all of the expressions of undeserved
kindness and honour you have been pleased to favour me with, . . .
more particularly for the singular encouragements you was pleased
to indulge me with in order to my settlement in some . . . honest
way for my subsistence and livelihood in a world.” He adds, “When
it shall please the Almighty to put me in a condition whereby I can
* Original Letter at Murthly. * Vol. ii. p. 243, No. 177.
clxviii INTRODUCTION.
--~~~
be able to acquite my selfe your servant as becomes me, then I shall
think my selfe arrived at the height of my ambition while my blood
is warme. In the mean while, though every haire of my head were as
capable to serve you as I my selfe, I ingenuously judge my duty, sir,
to yow-ward challenges yet more.” In similarly strong terms he
expresses his sentiments of gratitude in a letter to his uncle, Sir
Thomas, dated 3d July 1680 —“Before I were found to write or
speak a wilful and deliberate lye to any living, and farre less to yow
(who has been pleased, I may justly say, both to breed and to main-
taine me,) I should farre rather wish to be in my grave, by the
Lord's assistance.”
Other letters of Thomas Steuart to his uncle, Sir Thomas,
are pervaded by the warmest acknowledgments of the obligations
under which he was laid by the multiplied tokens of affection
which he had received from him ; and all of them are remarkable
for the uncommon deference which he showed to that relative, whom
he almost worshipped as a demigod, and whom he approached and
addressed with something like the homage that is paid to an Eastern
prince.
In his letters to his cousin John he wrote in a similar strain.
This, John thought, might be proper enough, as addressed to his
father, but it provoked a smile, and seemed to savour of affectation
and adulation when addressed to him. He jeered Thomas for having
“written complimentally, and superfluous speeches,” and for having

1 Original Letter at Murthly. * Original Letter at Murthly,
SIR THOMAS STEUART, LORD BALCASKIE c. 1640-1700. clxix
expressed himself as distempered because of the loss of his company.
“I thanke your honoure likewise,” says Thomas, in writing to John,
8th March 1665, “for that ironicall locution and derision ye vas
pleased to give me in saying give I had been distempered by the
deprivation of your companie I had before this time stood in need
of on physitian ; but, sir, ye knowe better than I can informe you,
that give ve should imploy physitians when ve are affected vith every
malade and distemper, ve should spend the most of our pilgrimage
here in medicinating, and yet not perfectly cured.”
Many of the letters of Thomas to his uncle, Sir Thomas Steuart,
are occupied about matters of business. But these often close with
some of the news of the day. Writing to him from Edinburgh, 16th
February 1680, on business affairs, he concludes by informing him of
some circumstances relating to the departure of the Duke of York
from Scotland, which he had visited —“The Duke went only aboard
his yaughts this afternoone in the road of Leith, and sailes but to-
morrow morning, wind Serving. Severals of the nobilitie and gentry
goes alongs with them in the secound of his yaughts, for he has three
here, which came but up on Friday's night and Saturday morning,
and yesterday's morning the last came. The Provost of Edinburgh
was knighted this forenoOne in the Duke's presence at the Abbay, by
vertue of a comissione direct to my Lord Chancellour for that effect,
and was done with the sword of honour, which was brought out of
the Castle a purpose for the greater solemnity thereof.”
* Original Letter at Murthly. * Original Letter at Murthly.
clxx INTRODUCTION.
In July 1682, Thomas Steuart married Lady Jean Mackenzie,
third daughter of George first Earl of Cromartie. Lady Jean was
born on the 11th of July 1661."
After practising a number of years at the Bar, Thomas Steuart
was created a baronet, by letters patent, dated 2d June 1683, and on
the 7th of December following he was admitted an ordinary Lord of
Session, in place of Sir David Nevoy, for some time Lord Reidy, and
afterwards Lord Nevoy, who died in the autumn of that year. Sir
Thomas Steuart assumed the title of Lord Balcaskie, taking it from
the lands of that name in Fifeshire, which he had acquired in the
same year. He sold Balcaskie to Sir George Nicolson of Kemnay in
the year 1689.”
Lord Balcaskie was an ardent cavalier. From the exuberance of
his devotion and loyalty to Charles the Second, he regarded that
monarch as the beau idéal both of a man and of a king. Upon
the death of Charles, on 6th February 1685, Lord Balcaskie, in a letter
to his cousin, John Steuart, younger of Grandtully, dated 12th Febru-
ary 1685, describes the deceased King as “our great and incomparablie
good and no less wise King, who was not only the best of kings bot the
best of men, and died as the best of Christians.” Charles, he observes,
under his last illness, “ spock with the greatest divine raptures that
ever any did,” “exprest the greatest and holiest contempt of the
world imaginable,” said “ that he made it his bussines, as it was his
| Edinburgh Register. the Rev. Walter Wood, p. 179. Edinburgh,
* History of the East Neuk of Fife, by 1862.
*— . ... * *- : *...* * * *sºrrºr: < zºzºwº
SIR THOMAS STEUART, LORD BALCASKIE c. 1640-1700. clxxi
duty, to take care to governe his people aright, and keep them in
peace and quiet, . . . and recommended religione, pietie, and vertue
to these about him, with all imaginable zeall and constancie.” Pane-
gyric so exaggerated and indiscriminate as this may attest Lord
Balcaskie's personal and political attachment to Charles the Second,
but history will not accept it as a true portrait of a monarch in whose
character, as a man and a ruler, there is so little to applaud and so
much to censure.
Lord Balcaskie and Lord Forret were chosen by the barons of
the county of Fife to represent them in the Parliament which was
about to meet on the 28th of April 1685. When the Duke of
Queensberry, who was appointed King's Commissioner to that Parlia-
ment, and the Earl of Perth, who was Lord Chancellor, were expected
in Edinburgh, Lord Balcaskie, with Lord Balcarras, the Lord Register,
and the Lord Justice-Clerk, (Sir James Foulis of Colintoun,) hired a
coach to go to meet them on their way from Berwick to Edinburgh.
Lord Balcaskie, in a letter to his cousin John Steuart, younger of
Grandtully, dated Edinburgh, 1st April 1685, after communicating
to him this piece of news, adds, “Since you are to cause bring over
your chesnut horse, however, if you please to doe it some few dayes
before the Parliament, I will trye if I might adventure to ryde the
Parliament upon him, after he had been a whyle used upon the
street.”* In that Parliament Lord Balcaskie was elected a Lord of
the Articles, and a member of a commission then appointed for the
23 1
1 Vol. ii. p. 266, No. 199. * Vol. ii. p. 267, No. 200.
clxxii INTRODUCTION.
encouragement of trade between the kingdoms, and also a Commis-
sioner for the Plantation of Kirks.’
Before this Parliament had finished its labours, the public tran-
quillity was disturbed by the expedition of Archibald Earl of Argyll,
undertaken, as the Earl's declaration bears, for the protection of the
religion, rights, and liberties of the kingdom, against King James the
Seventh, “a usurping and persecuting tyrant.” But Argyll, having
been joined by no considerable body of his countrymen, was speedily
defeated by the superior numbers with which he was resisted by the
Government, and he himself was made a prisoner. With this enter-
prise Lord Balcaskie, whose political sentiments were so different from
those of Argyll, could have no sympathy, and, after the defeat and
capture of Argyll, he announces the intelligence with great satisfac-
tion to his uncle, Sir Thomas.” The Earl of Argyll, as is well known,
was beheaded at the Market Cross of Edinburgh, on the 30th of
June 1685.
After this, in the same year, Lord Balcaskie made a journey to
London, at which he arrived on the evening of the 4th of September,
having “ had very good weather and good companie all alongs the
journey.” The King being at Windsor, his lordship went thither to
kiss his Majesty's hand.” On the night of the 7th of that month he
did himself that honour, and he was much gratified at the civility
with which he was received by his Majesty. “Ther is such a world
* The Acts of the Parliaments of Scotland, vol. viii. pp. 452, 457, 478, 481.
* Vol. ii. p. 268, No. 201. 8 Vol. ii. p. 273, No. 205.
SII? THOMAS STEUTART, LORD BALCASKIE-c. 1640-1700. clºxiii
of our covntriemen here,” he remarks, “they cannot all thryve.”
As for himself, looking at the cost of this scramble for Court favour
and patronage, which might result in nothing, he prudently adds, “I
beginne to weary here allready, for money melts away lyke snow
before the sun.” "
Lord Balcaskie, on 28th July 1688, succeeded Sir Roger Hog,
Lord Harcarse, as a Lord of Justiciary, that Judge having been
removed by a letter from the King, in consequence of his having
voted in Parliament against the wishes of the ministry, in a cause
regarding the tutors of the young Marquis of Montrose.”
At the Revolution of 1688, Lord Balcaskie, like other Senators
of the College of Justice who were hostile to the new Government,
and strenuous supporters of the abdicated monarch, was deprived of
his offices as a Lord of Session and of Justiciary.
The exact date of the death of Lord Balcaskie has not been
ascertained, but it occurred before the year 1717, as he is mentioned
as dead in the entail of Grandtully, which was executed in that year
by John Steuart. g
Lord Balcaskie had by Lady Jean Mackenzie a family of four
sons and one daughter:—
1. Thomas Steuart, who was a twin with Margaret, and was
baptized on 21st July 1685.” He was named after his great-uncle,
1 Vol. ii. p. 274, No. 206. Senators of the College of Justice, pp. 407,
* The Acts of the Parliaments of Scot- 417.
land, vol. viii. p. 214. Brunton and Haig's * Edinburgh Register.
$/
clxxiv. - INTRODUCTION.
Sir Thomas Steuart, who was his godfather. As no further notice of
Thomas occurs among the family papers, it may be concluded that
he died in infancy; and his younger brother George became the heir
of their father.
2. George, who was born 12th and baptized 16th October 1686."
He succeeded his father in his baronetcy, and afterwards succeeded
his cousin, John Steuart, in the estate of Grandtully. Sir George
was for some time an officer in the Royal Navy, and he was at one
time captain of Her Majesty Queen Anne's ship the “Delight.” He
married Anne, daughter of Sir Archibald Cockburn of Langton,
Baronet, but he died without issue, in November 1759, and was
succeeded in his baronetcy and in the barony of Grandtully by his
brother John. .
3. John, who was born 29th September, and baptized on the 6th
of October 1687. He carried on the line of the family, as is shown
in the memoir of him which immediately follows.
4. Kenneth, who died unmarried, before 20th January 1721, on
which date his brother John was served heir of line and conquest in
general to him.”
5. Margaret, who, as said before, was a twin with Thomas, and
was baptized on 21st July 1685. Her father, in communicating to
his uncle, Sir Thomas, the tidings of her birth, says:– “My daughter's
name is Margaret, after her great-grandmother, my Lady Colling-
towne, who assisted and was witnes to her birth and christning.”.”
! Edinburgh Register. * Index to Retours, 1863, vol. i. p. 28. * Vol. ii. p. 272.
T.
DTULLY BARON
R.
ART OF
Married Lady Jane Dougl
--
-
SIR JOHN STF,
as 174 (5
Died A.D. 1764, Aged 76.

clxxy
SIR JOHN STEUART, THIRD BARONET
OF GRANDTULLY. 1759–1764.
John Steuart, who on the death of his eldest brother, Sir George,
second Baronet of Grandtully, in 1759, became third Baronet of
Grandtully, was the second son of Sir Thomas Steuart, Lord Bal-
caskie. He was born 29th September 1687. At the time of his suc-
cession he was consequently far advanced in life, and he possessed the
Grandtully estates only a few years. True to his Steuart clanship, he
espoused the cause of the exiled royal family of Steuart, and in the
Rebellion of 1715 he joined the Earl of Mar for their restoration by
force of arms. At the battle of Sheriffmuir, which took place on the
12th of November that year, he fought on the side of the Pretender,
whom he considered to be his lawful sovereign. He was then twenty-
eight years of age. Allusion is made to his being liable to forfeiture in
the entail executed by his cousin, John Steuart of Grandtully, in 1717.
John Steuart entered the Swedish military service, in which he
rose to the rank of a colonel in the army, and he was commonly
designated Colonel Steuart till he succeeded to his brother Sir George
as the third baronet of Grandtully. In the Life of Charles the
Twelfth mention is made of a Steuart, who was an officer near the
person of that sovereign; and John, if he did not enter the Swedish
service late in life, was probably in Charles the Twelfth's army. His
sword-belt, of a yellow colour, and garnished with silver, the Swedish
clxxvi IVTRODUCTION.
uniform, is still at Murthly. It is of considerable breadth, and has
a massive buckle. It is evidently such as would have been worn by
a Superior officer.
Colonel Steuart is conspicuous in history for one of his three
matrimonial alliances, which, from the peculiar circumstances attend-
ing it, gave rise to much discussion.
The first wife of Sir John Steuart was Elizabeth Mackenzie,
daughter and heiress of Sir James Mackenzie of Royston, third son
of George first Earl of Cromartie, one of the Senators of the College
of Justice. By this lady he had two sons: George, who died young,
and Sir John, who became his heir.
The following letter which he wrote, some years after his first
marriage, to his brother, Sir George Steuart of Grandtully, dated Edin-
burgh, 21st November 1728, relates to domestic matters and to some
of the news of the day —“Betty's arme is still ill. . . . What with
her ilmes, dunns, and difficultys, I have pass'd my time very ill of
late. Butt I think I'm in a fair way of leaving all uneasines, by
gitting from this damned toun, to my quiet retreat in the country,
wher I propos to live a happy philosopher. The bairnes ar well, and
wee all join in wishing sister Steuart and yow many merry Christ-
messes. Our toun has no news, butt that Sir James Dick is to be
buried this day. He has left great riches, butt how is not knoun till
after the burial. Lord Carmwath was maried to Peggy Bang" some
1 This probably refers to Margaret Hamil- in the county of Linlithgow, who became the
ton, daughter of John Hamilton of Bangour, third wife of Robert sixth Earl of Carnwath.
,SIAE JOHN STE UART 1759-1764. clxxvii
days ago, and Peggy Hoome of Blackator will in eight days be maried
to John Hamilton, Hadinton's Sone. I went in last night to Free-
bairn's auction to see how your books went of, and herried my self
rather then lett some of them go for nothing. I hav got some more
to divert yow, which yow shall hav when I gett some of last October,
which I want much.”
Colonel John Steuart, when fifty-nine years of age, married,
secondly, on the 4th of August 1746, Lady Jane Douglas, daughter
of James second Marquis of Douglas, and sister of Archibald third
Marquis and first Duke of Douglas, one of the most accomplished
ladies of her age and country, handsome in person, gifted with strong
natural talents improved by education, and most elegant and engaging
in manners. She had then nearly completed the forty-eighth year of
her age, having been born on the 17th of March 1698. The mar-
riage was celebrated privately at Edinburgh, in her own house, by the
Rev. Mr. Keith, and it was kept Secret, because it was feared that
Lady Jane's brother, the Duke of Douglas, who had already become
alienated from his sister, would be the more irritated against her the
moment he knew that she had married Colonel Steuart, who being a
younger son, having neither an estate nor a settled profession, and
who consequently could not maintain her in a position suitable to her
rank, would be considered by him an unsuitable match for his sister,
who was the heiress of the extensive estates of the Douglas family.
The story of the chequered life of Lady Jane Douglas is very
* Original Letter at Murthly.
clxxviii JAWTRODUCTION.
affecting; hardly exceeded in interest, in the touching picture it gives
of suffering and injured innocence, by the most tragic tales of romance.
In order to understand her history after her marriage to Colonel John
Steuart, it will be necessary to notice some particulars respecting it
previous to that event.
Placed in a position that commanded so many of the elements of
human happiness, and possessing so many personal attractions, it
might have been thought that she would be one of the happiest of her
family, and would be courted by persons of the first rank. But some
strange fatality, which appears to have followed her throughout life,
disappointed her in this last particular. In early life she had the pro-
spect of a most advantageous marriage with a nobleman of the first
rank and fortune in Scotland, Francis Earl of Dalkeith, afterwards
second Duke of Buccleuch, on the death of his grandmother, Anne
Duchess of Buccleuch and Monmouth, in 1732. To this alliance,
Anne Duchess of Buccleuch was highly favourable, as we learn from her
correspondence with Lord Royston. In a letter to him, 2d February
[1720, she says that she had written to him some weeks before to
inform him of a most agreeable undertaking she was about, which was
a projected marriage of Lord Dalkeith with Lady Jane Douglas, sister
of the Duke of Douglas, a young lady whom she had heard much com-
mended before she saw her, and who since had lost no ground with her."
Circumstances, however, prevented this marriage from taking place.
The Earl of Dalkeith married another Lady Jane Douglas, who was
* Letters, vol. ii. p. 306, No. 237.
LADY JA VE DO UGAL AS STE UTA R7'. clxxix
the second daughter of James second Duke of Queensberry, and a
sister of Charles third Duke of Queensberry ; an event brought about,
it would seem, by the match-making management of the Duchess of
Queensberry, Lady Catherine Hyde, daughter of Henry Earl of
Clarendon and Rochester. Anne Duchess of Buccleuch thus writes to
Lord Royston, 4th March [c. 1720]:—“Mr. Somervill has acquainted
you with my disapointment in the marage of my grandson. Her
nobll Grace of Queensberry I imput it to, becaws she has the same
fait which some others has in this worald, more powr then they de-
serve.” Had the wishes of her Grace of Buccleuch been fulfilled,
the heirs of the marriage would probably have inherited the estates
of the Duke of Douglas ; and there might also have been a line of
Dukes of Buccleuch and Douglas. Matters, however, were otherwise
destined. But if the Dukedom of Douglas did not pass into the
Buccleuch family, the marriage of the Earl of Dalkeith and Lady
Jane Douglas of Queensberry happily led, in their grandson, Henry
third Duke of Buccleuch, in the year 1810, to the junction of the
Dukedoms of Buccleuch and Queensberry.
At the disappointment on the breaking off of her marriage with
Lord Dalkeith, Lady Jane Douglas was so greatly chagrined, that,
from that time, till considerably advanced in life, she acted as if
* Letters, vol. ii. p. 306, No. 238. Catherine underneath the well-known lines of Horace
Duchess of Queensberry was the wife of Walpole :-
Charles third Duke. She was celebrated for “To many a Kitty Love his car
; , , ,- Would for a day engage,
her great beauty by Pope, Prior, and other But Prior's Kitty, ever fair,
poets. Her portrait was engraved, having Obtained it for an age.”
clxxx JAWTRODUCTION.
resolved to refuse whatever other offers of marriage might be made
to her.
For many years Lady Jane Douglas was peculiarly the favourite
of her brother, Archibald Duke of Douglas. On 15th March 1718, he
executed three deeds, which bespoke his affection for her, first a
disposition containing a procuratory of resignation in favour of his
own heirs of entail, whom failing, to Lady Jane, etc.; secondly,
a nomination and disposition to Lady Jane, appointing her his sole
executrix; and, thirdly, a bond of provision to her for 30,000 marks.
On the 7th of May 1718, he made to her an additional bond of
provision, and a further nomination and disposition of executry. On
the 11th of June same year he executed another disposition of his
estate of Dudhope, or Dundee, to the heirs-male of his body, failing
whom to his heirs-female, and their heirs whomsoever, taking solely,
and not as portioners; failing whom, to Lady Jane and the heirs-male
of her body; failing whom, to Lady Jane's heirs-female, taking in the
same manner as his own ; failing whom, to the other heirs therein
mentioned. Having made other purchases, the Duke, in 1726, settled
them, together with his ancient estate, in the same manner. On
7th February 1736, the Duke gave Lady Jane a bond, reciting that
50,000 merks were due to her, the interest of which was £138,
17s. 9%d, and that by the death of the Marchioness, her mother,
with whom she lived, it having become insufficient to maintain
her, he intended to give her in addition f161, 2s. 23d., both sums
amounting to £300. He accordingly bound himself to pay to
LADY JANE DO UGLAS STE UART. clxxxi
her £300 a year, revocable, however, as to the last sum of £161,
2s. 23d."
But certain parties about the Duke who possessed his confidence,
intent on their own interest, and acting as partisans of the Duke of
Hamilton, who was a Douglas in the male line, and the next collateral
male heir of the Duke of Douglas, had conspired to make every effort
to induce him to alter the succession in favour of the Duke of Hamil-
ton, in the hope that in that event they would share in the manage-
ment. As, however, they could not accomplish their purpose so long
as Lady Jane possessed the confidence and affection of her brother,
they had recourse to innumerable arts by which to infuse jealousies
and suspicions against her into the mind of her brother, the Duke
of Douglas, who, from his peculiarity of temper, was extremely
prone to receive such impressions. The plotters were only too suc-
cessful. If Lady Jane happened not to be at home when he came
to visit her at Edinburgh, it was insinuated that she neglected him.
It was represented to him that she had been contriving to have
him put under restraint, that she might get possession of his estate ;
and though this imputation was proved to be wholly unfounded, it
took possession of his mind, and he vowed resentment against her.
Having been insulted by the mob in his house in Edinburgh,
where he was unpopular, the Duke was made to believe that the
populace, headed by Colonel John Steuart, with whom Lady Jane
was at that time on friendly terms, and the idea of her alliance
* Douglas Case, 4to, p. 6.
2.
clxxxii INTRODUCTION.
with whom offended his family pride,-had been hired by her to
murder him, or to carry him off to St. Kilda, that she and the
Colonel might get possession of his estate. In 1745, the rebels
invaded Douglas Castle, and to this the Duke was assured Lady
Jane had incited them, in order to rob him of his money and arms;
a story which he the more readily believed, from his dislike of
Colonel John Steuart, who, he understood, was courting his sister,
and whom he regarded as a Jacobite and Papist, and as deeply
involved in the rebellion."
Under these circumstances, the situation of Lady Jane was a
very unhappy one. She resolved to marry Colonel John Steuart,
attracted by his gallant bearing, his handsome personal appearance
and lively conversation, and to leave the scene of her troubles.
Accordingly, after their marriage, Mr. Steuart and Lady Jane went
to the Continent ; but they left Scotland separately. Lady Jane, who
assigned as her reason for going abroad that travelling and mineral
waters were necessary for her health, set out for England, accompanied
by Mrs. Hewit, as her lady attendant or companion, and by two maid-
servants, Isabel Walker and Effie Caw. At Huntingdon, in England,
they were joined by Mr. Steuart ; and thence they went to Harwich,
where they embarked for Holland. Having arrived at the Hague
about the beginning of the month of September, they took up their
residence in that town, and continued in it to the end of December
that year. After their arrival at the Hague, they made application to
* Douglas Case, 4to, pp. 7, 8.
L.A. D Y JAAWE DO UGLAS STE UART, clxxxiii
the British Minister resident there for a passport for Lady Jane to go
to the waters of Bourbon, in France. But this was refused. From
the Hague they went to Utrecht, where they resided till April 1747.
During the whole time of their stay in Holland, their marriage
was kept a secret. In the letters written by both, whilst resident
in Holland, to their friends, no allusion is made by them to each
other. Mr. Steuart, writing to his son, John Steuart of Farnese,
afterwards of Grandtully, from the Hague, 7th (N.S.) February 1747,
informs him that he had left the Hague, “the prettiest village in the
world,” for Utrecht, in the hope of finding the air there less moist, as
it stood higher ; but the difference, if any, was scarcely perceptible.
He proposed to go for the season, sometime in the month after, to
Aix-la-Chapelle, where he hoped to find things better and cheaper."
Lady Jane Douglas, in a letter from Utrecht, 10th February 1747,
N.S., to Mrs. Carse, writes:—“This place stands high, and is very
wholesome, which made me choose it till the season for Aix return.
I left the Hague only because it was damp, and not without a good
deal of regret, having got several acquaintances; and some amongst
the Dutch I found mighty well-bred, agreeable people. I have been
as lucky since I came here in meeting with a great many Scots and
English gentlemen. They are indeed chiefly of the younger sort,
who choose this place for their education; but they have so great a
share of good sense, and so much wit, they render themselves accep-
table to much older people.” "
1 Vol. ii. p. 352, No. 289. * Letters of Lady Jane Douglas, London, 1767, p. 6.
clxxxiv. INTRODUCTION.
Having stayed at Utrecht for some time, Mr. Steuart and Lady
Jane set out for Aix-la-Chapelle, where they arrived on the 26th of
April 1747, and where, with the exception of a fortnight which they
passed at Spa, they remained till the 21st of May 1748. It was
during the time of their stay at Aix-la-Chapelle, sometime in the
month of March 1748, that they made known to several persons their
marriage, which hitherto they had kept secret, and the reason given
for making it known was that Lady Jane's advanced pregnancy could
no longer be concealed.
Having resolved on going to Paris, Lady Jane and Mr.
Steuart, after providing themselves with a letter of credit upon a
banker in Paris for 1978 livres, departed from Aix-la-Chapelle on
21st May 1748; and, attended by Mrs. Hewit and their two maid-
servants, they travelled through Liège and Sedan, continuing some
days at each of these places, for Rheims, at which they arrived
on the evening of the 7th of June. From Rheims they started on
the 2d of July for Paris, in the public stage-coach, attended by
Mrs. Hewit, leaving behind them their two maid-servants; and on
the evening of the 4th of July they arrived in the French capital,
where, after staying two or three days in the Hotel Chalons, kept
by one Godfrey, they removed to the house of a woman named La
Brune, who let lodgings, and in this house Lady Jane gave birth to
twins—two boys, on the 10th of July. About the 19th or 20th of
July, they took lodgings in the Hotel d’Anjou, kept by one Michelle,
where they stayed till they left Paris, about the 3d or 4th of August.
: exºr ºxº~ x
LADY JANE DO UGLAS STE UART. clxxxv
For the benefit of fresh air, they went from Paris to the village of
Dammartine. Lady Jane having convalesced, they proceeded to
Rheims on the 14th of August 1748, taking with them one of the
infants—Archibald, a strong, healthy child, who was there publicly
baptized in regular form, and leaving the other, who was born weak
and sickly, with a nurse in the neighbourhood of Paris, under the in-
spection of Pierre la Marre, who had acted as her accoucheur.
Lady Jane now strongly desired to communicate the facts of her
marriage, and of the birth of the children, to her brother, the Duke of
Douglas, from a hope that, forgetting the past, he might now relent,
and restore her to her former place in his fraternal affections.
Availing herself of the friendly offices of John seventeenth Earl of
Crawfurd and fourth Earl of Lindsay," she wrote a letter to her brother,
which the Earl of Crawfurd enclosed in one from himself to the Duke.
The Earl, whose letter is without date, thus writes:—“As it has
providentially been my fate to pass these six last months confined to
a place, where the irretrievable misfortunes it has pleased the
Almighty to afflict me with, could only be rendered supportable to
me by the most agreeable Society of so deserving people as that of
your sister Lady Jane and Mr. Steuart ; and as, during the space of
time we have been together, I have, from a regard I have for your
Grace's family I cannot conceal, so far merited my Lady Jane's con-
* This Earl of Crawfurd-Lindsay adopted 1739, a dangerous wound in his thigh, from
the military profession, and when in the im- which he never recovered, and which caused
perial army as a volunteer, he received, in a his death in the year 1749.
battle fought against the Turks in the year
clxxxvi JNTRODUCTION.
fidence, as to be intrusted with the alteration there has happened in
her state of life, as also the notifying of it to your Grace, by the en-
closed, a service that the same regard I have mentioned I ever shall
have for your family, has even prompted me to offer, on so important
an occasion, recommending, with the greatest earnestness, all its con-
sequences to your Grace's most mature deliberation ; I say, as my
undertaking proceeds from the most warm affection to your Grace's
family, I'm hopeful my representations will not only meet with for-
giveness, but with all their wished-for success, in reconciling your
Grace to an event, all the well-wishers of your Grace's family may
have the greatest reason to rejoice at, as there is such visible hopes of
its being attended with the natural consequences so much longed for
by all who are fond of seeing the family of Douglas multiply ; and
since I have thus far ventured upon my dear Duke's goodness, he
must forgive me if I proceed a little further, and represent, that a
sister tenderly fond of your Grace as she is, and in the situation my
Lady Jane is in at present, a favourable answer from your Grace is
more necessary than may be at first, perhaps, adverted to ; where-
fore, allow me once more to entreat you will, neither by silence nor
indifference, hazard the bad consequences that may follow either the
one or the other. I can assure your Grace she does great honour to
her family wherever she appears, and is respected and beloved by all
that have the honour of her acquaintance. She certainly merits all
the affectionate marks of an only brother to an only sister.””
* Letters of Lady Jane Douglas, London, 1767, p. 11.
J, A D Y JAAVE DO UGLAS STE UA R7". clxxxvii
Lady Jane's letter to her brother, the Duke of Douglas, enclosed
in that of the Earl of Crawfurd to him, we have not seen. But the
Duke returned her no answer. She therefore wrote to him a second
letter, dated Rheims, 7th August 1748. “Though not a little dis-
couraged,” says she, “by your favouring me with no answer to that
under cover of Lord Crawfurd’s, acquainting your Grace with my
change of state, and in whose favours I think it my incumbent duty,
as well as natural inclination, to acquaint you further with the happy
consequences of it, which I am hopeful may be a means to replace
me, in some measure, to the share of your favour I was once happy
in, and never willingly forfeited ; but, to the contrary, have regretted
my ill fortune in that particular more than all the others of my more
than ordinary cross fate. If want of title and estate in the gentle-
man I have chosen seems surprising, your Grace well knows no
subject could add to me ; and a gentleman as well born as any can
take nothing off. Please know then, my Lord, that the tenth of last
month, I was blessed with * boys, one a promising child; the
other, poor thing, so weak, that I fear is little to be reckoned on.
God’s will be done : the other my hopes centre in, and want but the
pleasure of your approving his having your name, with that of Sholto
to the younger to be happy; for, thank God, I have philosophy enough
not to place happiness on superfluous riches or pomp, and faith
enough to hope they nor I shall never want a decent competency.” "
* A blot on the paper which cannot be read. It means two.
* Letters of Lady Jane Douglas, p. 9.
clxxxviii INTRODUCTION.
:
This letter, like Lady Jane's former one to her brother, remained
unanswered.
The Earl of Crawfurd continued to take the warmest interest in
the welfare of Lady Jane, and was assiduous in his endeavours to
bring the influence of others to bear upon her brother, in order to
reconcile him to a sister whom, had she ever wronged him, which it
does not appear that she ever did, it was his duty to forgive. Having
returned to London, he recommended her condition to the attention
of the Duke of Argyll, who promised that he would speak to Lord
Milton about bringing the Duke of Douglas to think of the matter as
he ought to do. He also wrote to the Duke of Douglas a second letter,
though he had received no answer to his first, intimating the safe
delivery of Lady Jane, “thundering in his ears his family's cause,
and trying to rouse up all that was Douglas in him.” He engaged
the Earl of Home, who had gone down to Lord Mark Kerr's, to
endeavour to conciliate the Duke, and he intended to go himself as
soon as he was well, in order to talk to him about some supplies for
Lady Jane. He had also spoken to the Master of Ross, son of Lord
Ross, who had lately come over from Prussia, and who had gone
down to Scotland to see his father, urging him to talk with his father
and the Marquis of Lothian to take the proper steps with the Duke
of Douglas, to induce him to act a right part towards Lady Jane ; and
the Master of Ross undertook the thing very willingly."
1 Letter of the Earl of Crawfurd to Colonel August 1748, O.S., among Letters of Lady
John Steuart at Rheims, dated London, 12th Jane Douglas, p. 15.
LADY JANE DO UGLAS STE UART". clxxxix
In the meantime, Lady Jane and Mr. Steuart abode at Rheims
till the beginning of November 1749, when they went again to Paris
for their child Sholto, and having brought him to Rheims, they left
that city with their two children on the 29th of that month, on their
way to England, and arrived at London about the end of December.
Soon after their arrival in England, Sholto, who, immediately on his
birth, in consequence of his being weak and sickly, had been baptized
by the accoucheur, was baptized by a clergyman, in presence of the
Countess of Wigtoun and others.
Upon her return Lady Jane found herself involved in great
pecuniary distress. The allowance of £300 sterling per annum,
which had been formerly given her by her brother, the Duke of
Douglas, was withdrawn in July 1749, whilst Mr. Steuart, who was
overwhelmed in debt, was thrown into jail by his creditors. Thus
reduced to destitution, she met with all but universal sympathy, and,
with the advice of friends, she applied to his Majesty King George
the Second for a pension, till her circumstances became better. Mr.
Pelham, the Prime Minister, though personally unknown to her, on
being made acquainted with her case, generously compassionated a
lady who, though the presumptive heiress of a great estate and family,
was, with her two children, destitute of bread ; for which she returned
him thanks in a letter dated St. James's Place, 15th May 1750. He
warmly pleaded her cause with the King, who received her application
in the most friendly manner, and granted her a pension of £300 a year.
“Whatever share,” says Mr. Pelham, on informing her of the grant in
2 C.
(*XC JAWTRODUCTION.
a letter dated 3d August 1750, “I may have had in procuring to your
Ladyship this mark of the King's goodness, cannot but be very
pleasing to me, as it furnishes me with an opportunity of testifying
the great respect with which I have the honour to be,” etc.
This pension, however, does not seem to have been adequate
to provide for Lady Jane's necessities. Whilst living at Chelsea with
her children, she was often in great pecuniary embarrassment, for she
had not only herself and her children to support, but also her husband,
who was then living according to the rules of the King's Bench
Prison in Southwark. At this time the correspondence between her
and Mr. Steuart was almost daily, and the letters which passed
between them, many of which have been printed, present an affecting
picture not only of their pecuniary difficulties, but of the tenderness
of their affection towards each other, and of their solicitude for their
children.
Meanwhile, the twin brothers continued in good health. Lady
Jane, in a letter to her step-son, John Steuart of Farnese, afterwards
of Grandtully, dated St. James's Place, 24th June 1751, says,
“Your two little brothers, Archy and Sholto, thrive hitherto very
well;” and in another letter to him from Chelsea, she writes, “Your
two little brothers are very well, and talk pretty distinctly. In a little
time they’ll be able to send you their affectionate compliments.”
In the year 1752, Lady Jane made a journey with her children
* Letters of Lady Jane Douglas, p. 74.
* Note of two letters by Lady Jane Douglas at Murthly.
LADY JANE DO UGLAS STE UART. cxci
to Scotland, with the design chiefly of renewing her solicitations for a
reconciliation with her brother, the Duke of Douglas, whose estrange-
ment from her had caused her so much distress, and to vindicate
herself from certain calumnies, the import of which, as she under-
stood, was, that she was not the mother of the children which she
had brought from France, and that she was attempting to impose
upon him supposititious children as her own.
She arrived in Edinburgh on the 17th of August 1752. Writing
to Mr. Steuart from that city on the 18th of that month, she says, “I
am now in my own country once more, and, blessed be God! arrived
there in perfect safety, and in perfect good health ; the children, too,
are mighty well, and in great good spirits, delighted with everything
they see ; and the people, as we came along, and here, seem, in
indulgence to me, to be highly delighted with them. We came to town
yesterday, the 17th, so that our journey was not a tedious one, and was
a very agreeable one in all respects.” In a letter to her step-son, John
Steuart of Farnese, afterwards of Grandtully, dated Edinburgh, 16th
September 1752, she writes:–“I arrived here a fortnight ago with
your two little brothers, Archy and Sholto, after having made a very
** a statement which does not exactly
safe and prosperous voyage;
agree with the preceding letter as to the date of Lady Jane's arrival in
Edinburgh, but the discrepancy is unimportant. Again, writing to
her husband on the 3d of September, she says, “I’m mighty well
* Letters of Lady Jane Douglas, p. 84.
* Note of a letter by Lady Jane Douglas at Murthly.
excii IAWTRODUCTION.
r:-ºg-r:y:--
lodged, and commodiously, at Mrs. Maitland's house, in Bishop's Land,
and at a pretty easy rate, it being the vacance.”
After remaining in that lodging about two months, her own health
and that of her children not being good, she removed with them to
Hope Park, on the south side of Edinburgh, which was then considered
to be in “the country,” but is now incorporated with that city.
“As to your anxiety about my living in the country,” says she,
in a letter to Mr. Steuart from Hope Park, 15th November 1752,
“imputing it entirely to economy, which I do assure you is the least
consideration; my dear children's and my own health being the chief
motive that made me leave Edinburgh, neither they nor I agreeing
with the place. We were truly indisposed almost all the while
we were in town ; and Sholto had a little fever upon him when I
brought him here ; he is now, I bless God, very well and hearty.
But it was full time to leave a place that impaired our health ; but
for all that, I made no great haste to leave it, being eight weeks
in town, lodging in the best house in it in Bishop's Land, where I
saw all my friends and acquaintances that were then in town ; nor
will they grudge to step a quarter of a mile out of it to see me here ;
and when I choose to wait on them, a chair can carry me in five
minutes. I hope, after reading these reasons, you'll be persuaded
that it is best for me to live in the country; so pray be satisfied
and easy as to that article.” She adds,-‘Archy and Sholto send
you their humble duty. They speak frequently of you, and are
* Letters of Lady Jane Douglas, p. 87.
LA D Y JANE DOUGLAS STEUART. cxciii
perpetually writing letters to you, especially Archy; it is his chief
employment.” "
A large fashionable assembly having been held at Edinburgh on
the 16th of November 1752 in celebration of the anniversary of the
birth of King George the Second, Lady Jane, though, from the cir-
cumstance of Mr. Steuart's imprisonment for debt, having little heart
for mingling in Scenes of amusement, yet to testify her gratitude to
the Sovereign who had graciously bestowed upon her an annual
pension in her necessity, joined in this demonstration of loyalty, and
took her children along with her. The marked attention which was
shown her on that occasion, and the strong interest and sympathy
with which her children were regarded, afforded her much gratifica-
tion. This intelligence she communicates in a very pleasing manner
in a letter to Mr. Steuart, dated 18th November 1752 —
“I went to the assembly this last Thursday, the King's birth-day
being solemnized here on that day, because the week before was set
apart on account of the holy Sacrament. I deal not much in public
diversions; it would ill become me, as you're in confinement ; but
our dear little ones and I, as well as you, are under such great obliga-
tions to his Majesty, that I thought it my indispensable duty to be
present on the day that was appointed for solemnizing his birth-day,
that I might, by that demonstration, express publicly to the world
the sense I have of his Majesty's great goodness to me and mine ;
and for that reason I took the children along with me ; and I cannot
* Letters of Lady Jane Douglas, pp. 94, 95.
cxciv IWTRODUCTION.
really express the warm and kind reception we met with from the
whole assembly, which was extremely crowded and full of company.
Archy and Sholto behaved to a wonder, and were caressed beyond
measure. I thought the people would have eat them up ; and very
many that I did not know complimented me upon their account, and
upon my being returned to my own country; so that I wanted
nothing to make me perfectly happy on this occasion, but your being
there to share in my satisfaction, and so to make it complete.”
Immediately on her arrival in Scotland, Lady Jane wrote to a
person who had constant access to her brother a letter, which she
wished to be shown to him ; but up to the 20th of September 1752,”
N.S., she had got no answer from that person, and she therefore in-
tended to write directly to her brother to see what effect that might
produce. She penned and despatched to him a most submissive
letter, of which she informs her husband, after she had removed to
Hope Park, “out of the smoke of the town.” In order to propitiate
her brother, she also delivered up certain valuable papers of her own
to Mr. Archibald Stuart, (father to Mr. Andrew Stuart, agent for the
Duke of Hamilton in the Douglas case, to be afterwards noticed,) to be
delivered to her brother. To her second letter to him, as to the first,
her brother did not vouchsafe to return an answer. In a communica-
tion to a person whose name is now unknown, 8th December 1752, she
says, “I received the favour of both your letters, that just on my
* Letters of Lady Jane Douglas, p. 96.
* Letter from Lady Jane to Mr. Steuart of that date, ibid., p. 88.
* Letters of Lady Jane Douglas, pp. 90, 91.
LADY JAYE DO UGLAS STE UART. (: XCV"
arrival in Edinburgh, and the other some weeks ago. It gives me
inexpressible pain to find by them that my brother continues still
inflexible; nay, seems to be more than ever incensed against me, not-
withstanding that I have made him all the submissions, by writing
in the most humble, as well as affectionate manner, and in giving up
my papers, which were of great consequence and advantage to me to
have kept ; yet, to please him, I have resigned them, without being
compelled by any other motive than my inclination to do everything
that might contribute to his satisfaction, if happily, by these conces-
sions, I might gain back his favour again, which is all my desire, and
the utmost of my wishes.”
The deep feelings of her brother against her, Lady Jane learned
in another way. She thought it proper to go and pay a friendly
visit to the Duchess of Hamilton when the Duchess came to Edin-
burgh ; but she was not admitted to her presence. The Duke of
Hamilton had written to the Duke of Douglas to inquire whether, in
case Lady Jane offered a visit to the Duchess, it would be agreeable
to him that it should be accepted or not The Duke of Douglas
replied that he did not pretend to dictate or to lay down rules to the
Duke of Hamilton, but that since he never intended to see his sister,
he would take it well if the Duchess of Hamilton did not see her.
This Lady Jane was told by Dr. Clerk, an eminent physician in Edin-
burgh, to whom the Duke of Hamilton had shown the letter he had
received from her brother.”
* Letters of Lady Jane Douglas, p. 106. * Ibid. pp. 102, 109.

cxcvi IWTRODUCTION.
Lady Jane had resolved to wait upon her brother, and was only
prevented from doing so by several persons, who told her that such an
attempt would incur his displeasure. When, however, she was under
the necessity of going to England “to seek out a cheap place to live
in,” she could not think of leaving Scotland “without making an effort
to see him once before she died,” in order to vindicate herself from the
cruel, false aspersions which her enemies had cast upon her. She re-
paired to Douglas Castle with her children, but was refused admittance
to her brother the Duke. Upon this she wrote to him a touching
letter, in which, after informing him that she had come down from
London on purpose to pay her dutiful respects to him, and referring to
his not having honoured with an answer the letter which, on her first
arrival in Edinburgh, she wrote to him, and to the other facts now
stated, she says, “What, then, must my sorrow be, and what an
additional torment do I now feel, when in your house with my chil-
dren, come to throw ourselves at your feet, we are debarred access to
your presence Recal that cruel sentence, I beseech you, if you don't
intend to render me all my life miserable, and to shorten it too,
which must be the case ; for it is impossible to live any time with a
load of such exquisite grief as mine is. All I beg is to be permitted
to speak but a few moments to your Grace; and if I don’t, to your
own conviction, clear up my injured innocence, inflict what punish-
ment you please upon me, I shall receave it willingly, and shall
think I deserve your utmost rigour, if I cannot justify myself fully
of all that is basely and falsely laid to my charge. In hopes that
LADY JANE DOUGLAS STE UART. cxcvii
your Grace will, with great goodness and humanity, allow this my
petition to take place in your heart, and you will call me back again,
I shall remain this day, and the following night, in Douglas town.
“The children, poor babies, have never yet done any fault ; may
I not, then, plead for their being admitted and allowed to see you,
and to kiss your hands? The youngest, Sholto, is thought to resemble
you much when you were a child ; and Archie is thought by a great
many to have the honour too of resembling you much when you
became a man.-I am, dear brother, your ever affectionate sister,
“JANE DOUGLAS STEWART,” 1
But affecting as was this letter, the Duke of Douglas continued
obdurate, and would not admit his sister into his presence. The dis-
appointment of not being permitted to see her brother, with whom
she was so extremely desirous to come to a good understanding,
threw Lady Jane into such deep mental affliction as greatly to impair
her health, and she felt as if it would be impossible for her to live
any length of time under the crushing weight of the bitter anguish
she endured.
In a communication to one of her correspondents, Lady Mary
Menzies, sister to the Earl of Bute, and lady of Sir Robert Menzies,
Baronet, dated Hope Park, near Edinburgh, 23d January 1753,
she probably alludes to her brother's feelings against her, when she
apologizes for not having, immediately on her arrival in Scotland,
written to her Ladyship, on the ground that “various things came in
* Letters of Lady Jane Douglas, p. 124.
2 b
cxcviii IVTRODUCTION.
the way (not mighty delightful) which prevented her.” “My stay
here,” says she in that letter, “is uncertain, having thoughts of going
to the north of England ; but before I leave these parts, I shall cer-
tainly give your Ladyship notice.”
Some time after this she returned to London, leaving her chil-
dren at Edinburgh, under the care of her maid-servant, Isabel
Walker, and of some friends. In May 1753, the youngest of her
twin children, Sholto, died of a fever ; an event which greatly aggra-
vated her mental distress, and gave a severe shock to her health,
which was before in a very precarious state. The Rev. Mr. Gustard,
one of the ministers of Edinburgh, wrote to her a consolatory epistle
on the afflictive event. From the reply of her husband to Mr. Gus-
tard, London, 15th May 1753, we learn that Lady Mary Hamilton
had acquainted Lady Jane's brother, the Duke, by express, with the
distress of his sister by that unexpected severe stroke.” While at Lon-
don she was attended in her sickness by Mr. James Pringle, surgeon
to the Guards, and when he left that place, by Mr. Fordyce. Both
these gentlemen declared that Lady Jane's disease was a broken heart.”
In August 1753, Lady Jane came from London to Edinburgh,
sad in mind and afflicted in body. She made another unsuccessful
effort to obtain admission to her brother, the Duke of Douglas. The
Duke was inexorable, continuing to believe that she was attempting
to impose upon him a supposititious child as her own ; he repelled
* Letters of Lady Jane Douglas, p. 120. * Deposition of Mrs. Hewit, in Letters of
* Ibid. p. 140. Lady Jane Douglas, p. 154.
LADY JAYE DOUGLAS STE UA IPT. Cxcix
her most earnest entreaties for permission to vindicate herself in his
presence from the calumnies by which she believed his mind had
been poisoned against her.
Lady Jane was now fast hastening to the grave. To Mrs. Mary
M'Crabbie, milliner in Edinburgh, she declared “that the shock
which she had received by the death of Sholto, and other griefs that
she had met with, were so severe upon her, that she was perfectly
persuaded she would never recover, but considered herself as a
dying woman, and one who was soon to appear in the presence of
Almighty God.”" A few days before her death, though then suffer-
ing much from pain, she joined in the observance of the Sacrament of
the Supper in one of the churches of the city of Edinburgh. To
her only surviving son, Archibald, she showed much attachment; and
she expressed her anxiety as to what should become of him after her
decease.” About four hours before she expired, having ordered him
to be brought to her bedside, she laid her hand upon his head, and,
expressing the warmest concern for his welfare, recommended him to
God as her son in the most tender and pathetic manner. “God
bless you, my child !” she said ; “God make you a good and an
honest man! for riches I despise. Take a sword in your hand, and
you may one day be as great a hero as some of your predecessors.”
She died at Edinburgh on the 22d of November 1753.
1 Deposition of Mrs. Mary M'Crabbie, in Edinburgh, in Letters of Lady Jane
milliner in Edinburgh, in Letters of Lady Douglas, p. 154.
Jane Douglas, p. 153.
* Deposition of Dr. Martin Eccles, physician * Deposition of Mrs. Hewit, ibid. p. 154.
CC INTRODUCTION.
The melancholy intelligence of the death of Lady Jane was
immediately communicated to her husband, Mr. Steuart, by Dr.
Martin Eccles, the physician who attended her, in a letter dated
Edinburgh, 21st November 1753:—“With very great grief and
concern, I take this opportunity to inform you that Lady Jane
Douglas Stewart died this day at noon, very much emaciated and
decayed. She bore her sickness with Christian patience and resigna-
tion, accompanied with that remarkable sweetness of temper, and
affable behaviour, so natural to her.””
The corpse of Lady Jane was buried in the Abbey Church,
Edinburgh.”
After the death of Lady Jane, Mr. Steuart's affairs did not
improve ; they seem to have gone on from bad to worse, and there
was no imaginable prospect of their being retrieved, unless in the
event of his succeeding to the estates of Grandtully on the death of
his brother, Sir George. In the following letter which he wrote to his
son John in 1759, he gives a melancholy picture of the distressing
condition to which, from the want of money, he was reduced :—
“London, 26th March 1759.
“MY DEAR CHILD,-You would see by my last, or rather by the
enclosed for Logie, how unhappie my present situation is, and how
that I may, for a tryfling sume, be brought from greater difficultys
1 Another correspondent says 22d. Letters Scots Magazine, vol. xv. p. 581.
of Lady Jane Douglas, p. 128. The 22d. is * Letters of Lady Jane Douglas, p. 127.
also the date of her death, as reported in the * Scots Magazine, wt supra.
LADY JANE DOUGLAS STE UART. cci
thane I can bring my self to name, to So affectionat a sone, not
only into opulence and afluence, but be even enabled to make all
whom I have intrest in, easy and independent of the caprices of
fortune, and unkind relations, and this at no distance of time, for
I have a morall certainty that it will turne owt as I say, befor
midsummer. I know well how, by your inconsiderat youth, and
indulgent opinion I had of your conduct, your afairs have been
mismannaged, which wee both now see too late.
“Butt, my dear creature, there is no looking back; all may be
recover'd, and more thane recover'd, if I can have but one hundred
and fifty pounds sent me soon ; and I hope, that on your credit and
mine join'd, so small a sume may be raised ; this is in case Logie
refuses to act the frendly part I hope and expect from him, from his
behaviour and great good will towards me. I woold gladly flatter
myself, that if you should find difficulty in bringing this desired and
much wanted ane afair to bear, that Clark MackEuen and your
frend his sone will contribute their frendly assistance to bring it
about ; which may turne Owt much to their advantage, and can not
possibly hurt them, or any of them. Great, many, and long have
been my sufferings befor I could bring my self to apply even to you,
my dear Sone, for relief, knowing, in the first place, how you was
streitned, and next, being unwilling to give you the peine of knoing
my difficultys, which I might give a stronger name to. I have still
some possibility of raising the small sume wanted here ; but I have
been so often disapointed from promessing apearances of this kind,
ccii IWTRODUCTION.
that I now unwillingly desir your assistance in it, which nothing of
my own suffering could bring me to, if I had not a morall certainty
of making you and yours all happy by it.
“My dear Sone,—You must excuse me from telling how great
my pressing difficultys are, which I could not doe without the dooble
displeasure of giving and feeling more peine thane I have resolution
for. Let it suffice to tell you that things with me are come to the
worst you can imagine; and that a two penny affair will bring me
above the world; consequently, make you as happy as if neither you
nor I had acted imprudently. I wrote you so lately, shall not give
the trouble of repeating my compliments to Ballechin and family.
Accept of my blessing and best wishes, which is all I have as yet to
offer to my dear daughter, you, and the dear little ones.
“Expecting soon to hear from you effectually, I am, my dear
Sone, your fond father, etc., Jo. STEwART.”
In a postscript he adds:–“Remember how I am situat, what
is at stake, and then judge with what impatience I shall wait for a
letter from yow.
“I am besiged, or rather blokaded in my lodging, which I choose
to stand owt, rather than be obliged to change them for a worse,
which I have tasted too much of these last thre years, and what
makes it still worse, very ill provided for such a defence, having
neither mony nor credit, and there is no living on air but for the
» 1
camelions.
* Original Letter at Murthly.
LADY JAVE DO UGLAS STE UART. cciii
Nine months after the date of this letter, an important event
occurred in the history of the unfortunate colonel. This was the
death of his eldest brother, Sir George Steuart, without leaving
children, by which the colonel was put in possession of the Grand-
tully estates and title. He was the third baronet. One of his first
acts after his succession was to grant a bond of provision for upwards
of £2500 to his son, Archibald Steuart, by Lady Jane Douglas.
Sir John Steuart married, thirdly, at Edinburgh, on 12th Sep-
tember 1761, The Honourable Helen Murray, daughter of Alexander
fourth Lord Elibank, by whom he had no issue. This lady survived
him, and died at Ormiston, East Lothian, on 29th December 1809, in
the ninety-fourth year of her age.
A few days before his death, Sir John made the following de-
claration in reference to his sons, Archibald and Sholto, by Lady
Jane Douglas —
“Murthly, 7th June 1764.
“HAVING lately had some severe fits of the gout in my stomach,
with my health in other respects much impaired, these, with my
great age, going seventy-six, make it appear incumbent on me to
make the following declaration, as aspersions have been thrown out
by interested and most malicious people as to the birth of Lady Jane
Douglas her children, in order to rob the surviving child, Archibald,
of his birthright, by making his parents, Lady Jane and me, appear
infamous, to make them illegitimate.
“I, Sir John Stewart of Grandtully, do solemnly declare, before
cciv ... • INTRODUCTION.
God, that the forementioned Lady Jane Douglas, my lawful spouse,
did, in the year 1748, bring to the world two sons, Archibald and
Sholto, and I firmly believe the children were mine, as I am sure they
were hers. Of the two sons, Archibald is only in life now. I make
this declaration, as stepping into eternity, before the witnesses after-
mentioned : James Bisset, Minister of the Gospel at Caputh ; James
Hill, Minister at Gourdie ; John Steuart of Dalguise, Esq., Justice
of Peace ; Joseph Anderson, tenant in Slogenholl.
“JAMES BISSET, witness. Jo. STEWART.”
JAMES HILL, witness.
Jos. ANDERSON, witness.
Jo. STEwART, witness.”
Seven days after making this declaration, namely on the 14th of
June 1764, Sir John Steuart died at Murthly, and his body was in-
terred in the mortuary chapel there. The hatchment which was made
on his death is now in the chapel in tolerable preservation, consider-
ing the lapse of time and the frail materials of which it is composed.
* Scots Magazine, vol. xxvi. p. 350.
CCW
ARCHIBALD STEUART DOUGLAS, afterwards
LORD DOUGLAS OF DOUGLAS.
We subjoin a notice of Archibald Douglas, the son of Sir John
Steuart of Grandtully, by Lady Jane Douglas, afterwards Lord
Douglas of Douglas Castle, who was notable from the famous
Douglas case, or the attempt made on the part of the Duke of
Hamilton to wrest from him the Douglas estates, on the ground that
he was a supposititious child. This action, which sprung out of the
false reports that were circulated during the lifetime of Lady Jane
Douglas, and that excited against her so strongly the resentment
of her brother, the Duke of Douglas, forms, indeed, a part of her
history, and having resulted in favour of her son, it afforded a tri-
umphant vindication of her reputation from the cruel calumnies by
which it had been assailed, and from which she had suffered so much.
After the death of Archibald’s mother, Lady Schaw, one of her
most intimate friends, in testimony of the affection she bore to
Lady Jane, and compassionating the unhappy state of her infant
son, whom his uncle, the Duke of Douglas, disowned, and whose
father's affairs were in confusion, took him under her protection,
and continued to support and educate him while she lived. Lady
Schaw, in a letter to Colonel John Steuart, father of Archibald,
dated Edinburgh, 21st February 1754, in reply to one from him,
in which he expressed his grateful sense of her generous friend-
ship, says, “I received your letter of 10th January last some
2 C
cc vi INTRODUCTION.
time ago, . . . which I would have answered before this time, if
I had not delayed it on purpose to see how your child agreed with
his new quarters. I can now assure you, that not only I, but others
who see him, think that he is improved both in growth and spirit;
for, as he is a very sensible child, he was extremely cast down for the
loss of his dear mother. . . . It was mere Providence that sent me to
this place of the country when my Lady left this world for a better
one, which gave me the opportunity to hear of the destitute condition
her poor infant was in, whom I brought home, and [it] is my intention
to use him as my own child so long as I live ; but as I am old, that
probably will not be many years. I wish your affairs may be settled,
so as to take care of your child at my death ; till then, neither I, nor
none of mine, have any demands upon you, nor none of yours; and
I think myself happy to have it in my power to say that it gives me
the greatest satisfaction to show any part of the regard and honour
had for the dear deceased.”"
On the death of Lady Schaw, a nobleman, probably the Duke of
Queensberry, who afterwards left Archibald the estate of Ambresbury,
in Wiltshire, generously took him under his care, and continued to ex-
tend to him the same friendly assistance which that lady had extended.
Meanwhile Archibald's uncle, the Duke of Douglas, whose
feelings continued unsubdued to the last moment of the life of
his sister, persisted in refusing to acknowledge him as his nephew.
In the year 1754, he executed a settlement of his whole real estate
* Letters of Lady Jane Douglas, p. 144.
ARCHIBAL D STEUART DOUGLAS. cCYii
upon the Duke of Hamilton, failing heirs of his own body; and in
the year 1757 he executed a second deed in favour of the same
series of heirs, expressly excluding the children of his deceased sister,
Lady Jane Douglas, from any part of his estate whatsoever.
But circumstances more favourable to the prospects of young
Archibald were about to arise. His uncle, the Duke, who was con-
sidered averse to matrimony, having, in the year 1758, contrary to
expectation, married Margaret, eldest daughter of James Douglas of
Mains, an ancient cadet of the house of Morton, this event proved
highly auspicious to the fortunes of the repudiated child of Lady
Jane Douglas. The Duchess of Douglas had certainly no inducement
to take the side of an impostor, and to graft him upon the family of
the house of Douglas, to which she now belonged ; but perfectly con-
vinced that Archibald was the son of Lady Jane Douglas, she
espoused his cause with all the ardour of an honourable and generous
mind bent on doing what justice and humanity demanded. That the
nearest relation of the house of Douglas should be cast off, and the in-
heritance which rightfully belonged to him given to more distant kin-
dred, was an idea she could not endure. Intent, therefore, on setting the
Duke right on this question, she endeavoured to disabuse him of the
suspicions which, by the misrepresentations of interested parties, had
taken possession of his mind respecting his sister and her children.
By her influence, he began with some degree of activity to make
inquiries as to the truth, and discovering that he had been imposed
upon, he seemed satisfied that the children who had been represented
coviii INTRODUCTION.
as spurious were in reality his sister's. Being informed of her dis-
tress on the death of Sholto, and of the poverty and neglect under
which she had died, he was much affected, and expressed regret for
the part he had acted towards her, owning that she had been the
most injured of women.
But whilst the Duchess seemed to succeed in what she aimed at,
other parties were strenuous in their efforts to revive his old sus-
picions regarding his sister and her children, and to persuade him
that all that the Duchess had said in favour of Archibald proceeded
from hatred to the family of Hamilton. In this they were only too
successful. From his peculiar temper of mind, the Duke was but too
apt to receive the kind of impressions which they sought to com-
municate, and his former embittered feelings against his sister and
her children returned. The consequence was a quarrel between
him and the Duchess on this very point, and a formal separa-
tion, which took place in February 1759. But this separation,
contrary to what was anticipated, proved a fortunate event both for
the Duchess and Archibald. The Duchess having, with much good
sense and disinterestedness, accepted of a deed which the Duke,
after their separation, executed, settling upon her much less than the
half of what she would otherwise have been entitled to, her conduct
in this respect produced on his mind an impression so strong in her
favour, that he became convinced that she had been equally disin-
terested in her solicitations in behalf of Archibald, and the more he
reflected on the story of his sister, Lady Jane, he saw the more
ARCHIBAL D STEUART DOUGLAS. ceix
reason to believe in its truth. He sought a reconciliation with the
Duchess, which, by the good offices of friends, was speedily effected.
Soon after matters were made up, the Duke entered into a post-
nuptial contract of marriage with the Duchess, wherein, failing issue
of his own body, and the heirs whom he had appointed or should
appoint, he left his whole dukedom of Douglas to his own nearest
heirs and assignees whomsoever, without making any exception as to
the son of his sister, Lady Jane. On the 5th of January 1760, he
revoked and cancelled the settlements of 1754 and 1757, whereby,
failing heirs of his own body, his estates were to fall to the
family of Hamilton. On the 11th of July 1761, believing that he
was dying, he executed an entail of his whole estate in favour of
himself and the heirs whomsoever of his body, failing whom, of the
heirs whomsoever of the body of his father, James Marquis of
Douglas, failing whom, of Lord Douglas Hamilton, and the heirs-
male of his body, with other remainders. He executed another deed,
setting forth that, as in the event of his death without heirs of his
own body, Archibald Douglas alias Stewart, a minor, and son of the
deceased Lady Jane Douglas, his sister, would succeed to him in
his dukedom of Douglas, he therefore by that deed appointed the
Duchess of Douglas, the Duke of Queensberry, and others to be his
tutors and guardians.
Upon the death of the Duke of Douglas, which took place on
the 21st of July 1761, ten days after he had executed the last-men-
tioned deed, Archibald's tutors, without delay, got him served heir
CCX IWTRODUCTION.
of entail and provision to his uncle. Reports having been circulated
that he was a supposititious child, such witnesses as had the means of
knowing the facts relating to his birth were called to give evidence
before a jury, upon whose verdict it was to depend whether he should
be served heir or not to the deceased Duke of Douglas. The proofs
brought on the part of Archibald’s guardians that he was the son of
Lady Jane Douglas appeared so satisfactory to the jury, that he was
immediately served heir to the Duke of Douglas. The retour was
expede 9th September 1761. On the 10th of December following
he obtained a charter from the Crown of the estates of Douglas, as
heir to his uncle the Duke of Douglas, and he was infefted therein
on the 17th of the same month."
The Duke of Hamilton was served nearest heir-male to the Duke
of Douglas on 1st December 1761. That Duke and the Earl of
Selkirk procured writs to be served heirs in special to the late Duke
of Douglas, and they brought actions of reduction and declarator
to set aside the title of Archibald to the earldom of Angus and
Douglas, and the lands of Dundee, on the ground of certain deeds,
the right of Archibald to the deceased Duke's own purchases being
admitted. But the Court of Session, on the 9th of December
1762, pronounced judgment in favour of Archibald against the
pursuers.”
Whilst these proceedings were going on, Archibald Steuart
Douglas was being educated at a public school at Westminster,
* Douglas Case, p. 22. * Douglas Case, pp. 22, 23.
ARCHIBAL D STEUART DOUGLAS. ecxi
London. Several of his letters to his brother, John, afterwards Sir
John Steuart of Grandtully, are written from Westminster. In one
of them, dated 16th January 1762, he informs him that he was
learning Virgil and Pinax, a Greek book, and verse exercises out of
Horace, writing and dancing." In another of them to his brother,
dated 1st June 1762, he writes,—“I hope you will excuse my long
silence, as I have been in the country and void of franks. I hope
you have been very well since I wrote to you last. We have broke
up for our holy-days a little while ago, and I have spent the most
part of them as agreably as if I had been the greatest man in the
world, even the King himself, who, one would think, enjoys all the
happiness that can be had for love or gold.” In another letter to his
brother from Westminster, 19th November 1763, nearly a year after
the Court of Session had decided in his favour in the action of
reduction raised by the Duke of Hamilton and the Earl of Selkirk to
set aside his title to the estates of Douglas, he writes, “I have
resolved stedfastly to regard those who have proved my truest friends
in my adversity, and to despise those who have put on a false cloak
of friendship since my prosperity, as some people of my acquaint-
ances, and I don't know but relations too, directly as this affair is
decided in favour of the Douglases, will fawn like a little dog about
them, and at the same time they are wishing them joy at their
success, wish them at the devil in their hearts.”
Soon after the decision of the Court of Session in favour
1 Original Letter at Murthly. * Original Letter, ibid. 3 Original Letter, ibid.
ccxii INTRODUCTION.
of Archibald referred to in this letter, the contest was renewed
against him in another form. Three separate actions of reduction
of the service of inquest of Archibald as heir of his uncle, the Duke
of Douglas, on the ground that he was not the son of Lady Jane
Douglas, were brought before the Court of Session, one by the guard-
ians of the Duke of Hamilton ; another by Lord Douglas Hamilton,
founded upon the Duke of Douglas's entail of the 11th of July 1761;
and a third by Sir Hugh Dalrymple of North Berwick, Baronet, one *
of the heirs of line in the event of Archibald’s being set aside. These
three actions were afterwards conjoined by the Court of Session.
“It demanded strong proof,” as is justly observed in the case
for Archibald Steuart Douglas, “to maintain that a woman of remark-
able delicacy and honour, highly born, religiously educated, and pos-
sessed of the general esteem, should plunge at once into a scene of
falsehood, baseness, guilt, and shame ; to spend the whole residue of
her life in the hourly practice of hateful dissimulation; nature, con-
science, pride, every just and every noble sentiment, of which nobody
1.
had more, constantly revolting.” But proof was attempted, after
the grave had closed over her. This was one of the greatest litiga-
tions that ever came before the Court of Session ; and from the mag-
nitude of the interests depending upon it, as well as from the
extraordinary circumstances of the case, it excited the greatest
interest throughout the country. Six days—the 7th, 8th, 9th, 10th,
11th, and 14th of July 1767—were occupied by the Judges in de-
* Page 9.
ARCHIBAL D STEUART DOUGLAS. ccxiii
- • *--------- --- - - - - - - - - - --- - - -— –– -
livering their opinions. They were equally divided, and by the
casting vote of the Lord President, the Court, on 15th July, pro-
nounced their interlocutor, Sustaining the reasons of reduction, and
decerning and declaring accordingly. The Judges who sustained the
reasons of reduction in favour of the Duke of Hamilton were—
The Lord President (Robert Dundas of Arniston).
The Lord Justice-Clerk (Sir Thomas Miller).
Lord Alemore (Andrew Pringle).
Lord Kennet (Robert Bruce).
Lord Barjarg (James Erskine).
Lord Elliock (James Veitch).
Lord Stonefield (John Campbell).
Lord Hailes (Sir David Dalrymple).
The Judges who repelled the reasons of reduction, thus pronounc-
ing in favour of Mr. Douglas, were—
Lord Strichen (Alexander Fraser).
Lord Kames (Henry Home).
Lord Pitfour (James Ferguson).
Lord Gardenstone (Francis Garden).
Lord Auchinleck (Alexander Boswell).
Lord Coulstoun (George Brown).
Lord Monboddo (James Burnet).
The young Douglas himself was not discouraged by the adverse
decision of the Court of Session, and his guardians having determined
to carry the case by appeal to the House of Lords, he anticipated a
2 d
cCXiy J.VTRODUCTIOAV.
juster judgment by the higher tribunal." He thus animadverts on
the conclusion reached by the Court of Session, in a letter to his
brother, Sir John Steuart of Grandtully, written from Edinburgh
28th July 1767 —“Our cause is indeed lost here, but there is
another court, where justice and impartiality must prevail. The
final decision here is not so great a stroke upon us as I believe upon
most of our friends. Every person's character here is pretty well
known, as well as their motives for their behaviour, but time and
a little patience show every thing and every man in their proper
light.”
The appeal was entered in the House of Lords. About a
month before the case was heard, Archibald Steuart Douglas thus
wrote to his brother, Sir John Steuart, from Pall Mall, 15th of
December 1768 –“It will not be two months longer before our
cause is finally determin'd here. The House of Lords have fix’d the
16 of January for the hearing of it, and they say will finish it in
less than a fortnight. . . . There can be no certainty how the cause
will end, but our hopes are very sanguine. You shall know of every-
thing that passes here as soon as possible.” Having heard the case,
the Lords unanimously reversed the interlocutor of the Court of
Session, and decided in favour of Mr. Douglas on 27th February 1769.
* Letters, vol. ii. p. 369, No. 303. ber 1768, and answered the 28th of December
* Vol. ii. p. 369, No. 303. 1768. I wrote a congratulatory letter to my
* Original Letter at Murthly. Archibald's brother dated the 4th of March, and another
brother, Sir John, has written on the back of dated the 23d of March 1769.”
this letter:—“Received the 20th of Decem- * Appeal Case.
A ROIIIBA LD STE UART DOUGLAS. (:: *XV
Such was the interest excited by this case, and so strong was
the popular belief that Archibald Steuart Douglas was the son of
Lady Jane Douglas, and therefore the true representative of the
ancient and noble family of Douglas, so distinguished in the annals
of our country for the power they long wielded, the grandeur of their
alliances, and the extent of their possessions, that, immediately on the
arrival of the news in Edinburgh, the inhabitants spontaneously gave
expression to their joy by a general illumination. James Steuart, in
a letter to Sir John Steuart of Grandtully, Archibald's brother, from
Edinburgh, 2d March 1769, writes: —“This will give you more
pleasure than ever you felt in your [life]. Your brother has carried
his cause unanimously ; no division of the House. God make us all
thankful! I have seen none of the letters yet to give you the par-
ticulars. Send off to Ballachin instantly. This is glorious. The joy
here is beyond description. The express is not in above half an hour,
and the windows are mostly illuminated already. I am so much over.
joyed that I cannot write sense. I must conclude. May God bless
you all!”.'
Nor was the interest in the case confined to Scotland. Many
incidents connected with it having occurred in France and other
foreign countries, and much evidence having been taken in France
and Great Britain, the keen interest excited by it extended over
Europe, and it is still referred to, like some important historical
event, as the great Douglas Cause. Other celebrated cases, involving
Original Letter at Murthly.
ccxvi IVTRODUCTION.
the highest titles of honour, such as the old dukedom of Montrose
and the extensive estates of the earldom of Breadalbane, have been
litigated since. But neither of these, nor any others, ever stirred
society like the Douglas cause.
Having obtained possession of his extensive inheritance, Archibald
Douglas took his position in the country as became the representa-
tive of the great house of Douglas. The titles of Duke and Marquis
of Douglas, being limited to male heirs, were not of course inherited
by him, although he petitioned the Crown, claiming his right to the
ancient earldom of Angus, with which his ancestors had been so
much identified. The title was also claimed by the Duke of Hamil-
ton. No decision was pronounced on either claim.
Archibald Douglas entered the House of Commons as Member
for the county of Angus, and he was appointed Lord-Lieutenant of
that county. He was created a British Peer, by the title of Lord
Douglas of Douglas Castle. His matrimonial alliances were made
with two of the greatest Scottish families—his first wife being Lady
Lucy Graham, daughter of William second Duke of Montrose, and
his second wife was Lady Frances Scott, sister of Henry Duke of
Buccleuch.
ccxvii
SIR. JAMES MACKENZIE, LORD ROYSTON.
James Mackenzie was the third son of Sir George Mackenzie,
who was raised to the peerage by King James the Seventh, under the
title of Wiscount Tarbat, and who was made Earl of Cromartie, and
Secretary of State by Queen Anne. George Wiscount of Tarbat
executed, on the 28th of November 1688, an entail of the lands of
Easter Grantown and certain other lands in the county of Edinburgh,
which were erected into a barony, called the barony of Royston, in
favour of this son, and the heirs-male of his body; whom failing,
Kenneth Mackenzie, afterwards Sir Kenneth Mackenzie of Grand-
ville, the Wiscount's second son, and the heirs-male of his body;
whom failing, John Master of Tarbat, afterwards second Earl of
Cromartie, the Wiscount's eldest son, and the heirs-male of his body;
whom failing, the other heirs-male to be procreated of the Wiscount's
body; whom failing, any other person or persons to be nominated
and appointed by him ; whom all failing, his own heirs and assignees
whomsoever.
James Mackenzie was admitted an advocate on the 19th of
November 1698, and he soon became one of the most distinguished
members of the Scottish Bar. -
Previous to his creation as a peer, Sir George Mackenzie was a
baronet by virtue of a title which was conferred on his father by
King Charles the First, by patent, dated in the year 1628. Thinking,
coxviii IATRODUCTION.
possibly, that this minor title was now eclipsed by his higher honours,
the Earl of Cromartie made resignation of his title of baronet into
the hands of Queen Anne, who, by a patent, dated 8th February
1704, was pleased to continue the title of baronet in the person of
Sir James Mackenzie. The succession to the baronetcy has since
been regulated according to the terms of that patent.
On the resignation of his uncle, Roderick Mackenzie, Lord Pres-
tonhall, as an ordinary Lord of Session, Sir James Mackenzie was
appointed his successor, and took his seat on 7th June 1710 as Lord
Royston. He obtained from her Majesty Queen Anne a royal com-
mission, dated 22d July same year, as a Lord of Justiciary, in the
room of James Erskine, Lord Grange, who succeeded, as Lord Justice-
Clerk, Adam Cockburn of Ormiston, whom her Majesty had deprived
of that office, though he retained his place as an ordinary Lord till
his death. James second Duke of Queensberry, one of the principal
Secretaries of State, in a letter to Lord Royston, which he sent along
with the Queen's commission of the same date, informs him that as
it was said that the late Justice-Clerk intended to dispute her Ma-
jesty's power of depriving him, it was the Queen's pleasure that his
commission should not take effect till the other matter should be
adjusted, and this was expressly mentioned in his patent."
In the year 1739, Lord Royston, with the concurrence of George
Mackenzie, his son, obtained an Act of Parliament, authorizing him,
with the consent and approbation of the Right Honourable Charles
* Vol. ii. p. 300, No. 229.
SIR JAMES MACKENZIE, LORD ROYSTOV. cexix
Erskine of Tinwall, his Majesty's Advocate, the Honourable William
Maule of Panmure, and others, or any two of them, to sell the barony
of Royston, for the avowed purpose of discharging the debts affecting
it. In the Act it was declared that Lord Royston should not, by selling
the barony of Royston, or any part of it, be considered as contravening
the tailzie executed by his father in his favour, or any of the clauses
thereof. The Act further provided that the trustees should lay out the
surplus of the money arising from such sale in the purchase of other
lands in fee-simple, which should be settled and disponed to Sir James
Mackenzie of Royston and the other surviving heirs of entail, according
to the different rights and interests, and in the same order and course
of succession secured to them respectively in and by the said deed of
tailzie. The estate of Royston was purchased by John Duke of
Argyll, and the price was paid to Lord Royston.
Lord Royston possessed for some time the superiority of Little
Farnese, which had been given him that he might have a freehold
qualification in the shire of Cromartie. Some years before his death,
he purchased the lands of Avoch from Mackenzie of Delvin, and to
this property he gave the name of Farnese. It was commonly called
Avoch alias Farnese."
Lord Royston married Elizabeth, youngest daughter of Sir George
Mackenzie of Rosehaugh, well known as King's Advocate in the
reigns of Charles the Second and James the Seventh, who, from the
1 Original Letter by Jo. Gorry to Rev. Mr. James Robison, minister of Lochbroom, dated
20th February 1754, at Murthly.
CCXX IAWTRODUCTION.
severity with which he prosecuted the nonconforming Presbyterians,
acquired the sobriquet of “the bloody Mackenzie.” This lady was
the widow of Sir Archibald Cockburn of Langton. On the death of
Sir George Mackenzie, a dispute respecting his property arose be-
tween Lord Royston and James Steuart, first Earl of Bute, who had
married Agnes, eldest daughter of Sir George, and the case was
brought before the Court of Session. In this law-suit Lord Royston
was unsuccessful.
By Elizabeth Mackenzie Lord Royston had two children, an
only son and a daughter:-1. George of Farnese, who married Miss
Isabella Stewart, daughter of Mr. Archibald Stewart, Writer to the
Signet. George Mackenzie of Farnese died at Edinburgh on the
15th of May 1744, “ after a tedious illness, without issue.” In inti-
mating the sad event to his grandson, John Steuart, son of Colonel
John Steuart, Lord Royston adds, “My present distress does not
permit me to write more but that I am, dear child, your afflicted
grandfather.””
Isabella Steuart survived George Mackenzie, and was married,
secondly, on the 3d of October 1748, at Edinburgh, to Sir Robert
Henderson of Fordel, Baronet,” to whom she had a son, Sir John
Henderson of Fordel, Baronet. 2. Elizabeth, who, as already men-
tioned, married Colonel John Steuart, brother to Sir George Steuart
of Grandtully, afterwards Sir John Steuart of Grandtully. Colonel
Steuart, as representing Lord Royston, sold the lands of Avoch or
* Vol. ii. p. 350. * Scots Magazine, vol. x. p. 458.
SIR JAMES MACKENZIE, LORD ROYSTOA. ccxxi
New Farnese, with some other superiorities which Lord Royston
retained in Ross and Cromartie.”
Lord Royston died at Edinburgh on the 9th of November 1744,
aged seventy-three years. He is described as “a person of vast
learning, honour, and probity; impartial in judgment, justly ranked
among the first judges, in criminal causes, of the age, and in private
life a most polite, friendly, agreeable, facetious and affable gentle-
man.””
A copy of Sir George Mackenzie's Criminal Law, containing
copious notes in the handwriting of his son-in-law, Lord Royston, is
preserved in the Advocates' Library, Edinburgh. And in a catalogue
of books, belonging to Sir George Steuart of Grandtully, Baronet,
appears the entry, “Royston's (Lord) manuscript works, . . . 4 vol.”
What has become of these manuscripts is unknown. They may have
been sold in 1760 with the books of Sir George Steuart, which were
then sold for £74. There is preserved at Murthly a portrait of Lord
Royston, in oil, on canvas, having a very fine face, and a large
broad brow, indicating great intellectual power. There is also at
Murthly a portrait of Lord Royston's father, George first Earl of
Cromartie, in oil, on canvas, showing a remarkably striking face.
One of Lord Royston's principal correspondents was ANNE
DUCHESS OF BUCCLEUCH AND MONMOUTH, originally the heiress of the
* Original Letter by Jo. Gorry to Rev. Mr. * Sir Robert Douglas's Peerage, Wood's
James Robison, wt Supra. Edition, vol. i. p. 398.
2 e
ccxxii IVTRODUCTION.
Earls of Buccleuch in her own right, and afterwards the wife of the
unfortunate Duke of Monmouth.
A full memoir of this distinguished Duchess belongs not to this
work. But as her letters form a large section of the correspondence
printed in it, the circumstances in which they were written may be
shortly explained.
After the marriage of the Duchess to Monmouth she resided
chiefly in England, and her large estates in Scotland were managed
by several noblemen and gentlemen resident in that kingdom. One
of these was Lord Royston, in whom she greatly confided as a very
able and upright man. This business relation between the Duchess
and Lord Royston was probably brought about through the marriage
of George first Earl of Cromartie, the father of Lord Royston, with
Margaret Countess of Wemyss, who was sister uterine of the Duchess
of Buccleuch.
Married in the year 1663, when little more than a child of
twelve years, the Duchess of Buccleuch was carried into the gay Court
of King Charles the Second, where her handsome husband and herself
made as fine an appearance as any attending it, and, notwithstanding
the enticements that might have influenced unfavourably so young a
daughter-in-law of King Charles the Second, she triumphed over the
temptations of his Court, of which her letters show the real secret, as
they display a great grasp of mind and power of management, and
are pervaded by that stern, sterling common sense—almost a genius
in itself—which has long been the characteristic of her race.
A VWE DUCHESS OF BUCCI, EUCH. cCxxiii
To some of the Duchess's letters to Lord Royston, as serving to
illustrate her character better than any formal description, it may not
be uninteresting here briefly to advert.
Circumstances induced her to reside for the most part of her life
in England, but she retained a warm affection for Scotland. No part
of the world did she love so well as her own country. “The Scotts
hart is the same I brought to England, and will never chang, as I
find by long experience.”
When Lord Royston was going to the
south, on his circuit, as one of the Lords of Justiciary, in the spring
of the year 1711, she regretted that she could not be at Hawick to
make him welcome. She would have him to get a decreet passed in
the Court of Session against long letters and compliments, else he
would be put to interminable trouble by her propensity in that direc-
tion, which nothing but the strong arm of the law of the land would
keep in check.” At another time, in a similar humorous vein, she
says that could she fly, as some ladies have done, she would be at
Hawick to do the honours of the house to his lordship.” Having
informed him of the marriage of her grandson, Francis Lord Dalkeith,
to Lady Jane Douglas, sister of the Duke of Queensberry, she ejacu-
lates, “God bliss Franscis, and give him Sones, and no daughters!”
She should be very glad to oblige the Marquis of Annandale with
some deer, now that she had so many to spare ; and as to Lord
Royston himself, if he loved venison he would eat it oftener.” She
1 Vol. ii. p. 306, No. 306. * Vol. ii. p. 308, No. 240.
? Ibid. p. 302, No. 232. * Ibid. p. 310, No. 244.
3 Ibid. p. 317, No. 256.
ccxxiv. INTRODUCTION.
had sent him the present of a buck, and she took it very ill that his
Lordship thanked her for it, when he knew he might command as
many as he pleased."
The parish minister of Yarrow had, it would seem, “coveted his
neighbour's grass,” and “advised the turning out of a tenant to please
him.” “If the parson of Yarrow be of such a turblant spritt,” is the
sage advice of the Duchess, “we should preach patience to him and
justice; for it appears he wants both.” The greatest compliment
she could return to Lord Royston was in the Scotch proverb, that
she found that he did equal his forbeers in his friendship to her.”
She owned it would be for her credit when she was dead that she
had improved her estate, and that she had made choice of so good a
friend to rely on."
She added largely to the family estates by the purchase of
various lands, and she often communicated to Lord Royston her
design of purchasing them, and solicited his advice. She had heard
that Scott of Harden was willing to sell an estate in the Forest, and
she wrote to his Lordship that she longed, and, as if this English
word were inadequate precisely to express her feelings, she subjoins
the emphatic Scotch word, that she greined to hear more of the pro-
posal.” Few could furnish St. Boswell's Fair with sheep better than
she could.” But in making purchases of new lands she found that
1 Vol. ii. p. 313, No. 249. * Vol. ii. p. 314, No. 252.
* Ibid. p. 311, No. 246. * Ibid. pp. 314, 315, 318, Nos. 252,253, 259.
3 Ibid. pp. 314, No. 250. 6 Ibid. p. 314, No. 252.
A WAVE DUCHESS OF BUCOLE UCH. CCXXV
she was getting at the bottom of her purse or involving herself in
debt, and that it would be necessary to suspend additional purchases
for a time."
The Duchess's third son, Henry Earl of Deloraine, caused her
some trouble by making demands upon her with which she was not
disposed to comply ; and in 1719 or 1720 he sued her before the
Court of Session. He had received from her £24,000, and since she
had left Scotland the building and furnishing of his house at Lead-
well had cost her upwards of £9000. “He was acting the old Scotch
23
proverb, ‘Ens wod an’ey the war;” and she supposed his purpose
was to give her an opportunity of exercising a noble quality called
patience. The law process terminated in her favour. “It was a
melancholy victory against a son.” Yet she was convinced that the
world would see that she had not been a wicked parent. After the
close of the action she requested Lord Royston to take the trouble to
see that her lawyers were rewarded as they should be.”
The grand-daughter of the Duchess, Lady Jane Douglas, eldest
daughter of James second Duke of Queensberry, the Countess of
her grandson, Francis Earl of Dalkeith, died of the small-pox at
Langley on Sabbath morning, 31st August 1729. In communicat-
ing the melancholy intelligence to Lord Royston, 4th September
that year, she pronounces the following encomium on the departed
Countess:—“I must say she was as good a young womon as ever I
knew in all my life. I never saw any one thing in her that I could
1 Vol. ii. p. 315, No. 252. * Vol. ii. pp. 305, 316, Nos. 236, 254.
ccxxvi J.WTRODUCTIOA.
wish wer otherways. She had two sons and three dawghters, all
living, and fine children.”
The Duchess at different times adopted different modes of
subscribing her letters. Sometimes they were subscribed simply
“Buccleuch,” or “Anna Buccleuch" or “Anna Buccleuch and Mon-
mouth.” After the death of Monmouth, and her marriage to Charles
third Lord Cornwallis in May 1688, she generally subscribed her
letters A. B. C., indicating her name and titles as Anna Duchess of
Buccleuch and Lady Cornwallis.
After a long life of much practical usefulness, and after having
made with much judgment great additions to her paternal estates,
the Duchess of Buccleuch died on 6th February 1732, in the eighty-
first year of her age. Her remains were deposited beside those of her
ancestors in the burying-vault of the family at the east end of the
old church of Dalkeith. Her large crimson-covered coffin, kept above
ground, is still quite entire.
1 Vol. ii. p. 311, No. 245.
L. A. D Y s T = u A RT OF G R A N DT U L LY
An D H = 1 Ress of L.O G1 E AL M 0 N. D.

ccxxvii
PEDIGREES OF THE STEUARTS, ETC.
IN the foregoing Memoirs the leading facts in the history of the
most prominent of the Proprietors of Grandtully, whose names
appear in the Charters and Correspondence contained in these
volumes, are briefly detailed. In the Pedigree of the Grandtully
family, which is printed at the end of volume first, the names of all
the Proprietors, as well as the collateral members of the family, will be
found, showing the succession of the Steuarts of Grandtully, from
the earliest period of their coming into the possession of that estate
down to Sir William Drummond Steuart, the sixth and present
Baronet.
The other Pedigrees, which follow the general Pedigree of the
Grandtully family, show the descendants of Archibald Steuart
Douglas, son of John Steuart, third Baronet of Grandtully, and Lady
Jane Douglas, and also the following Branches of the family:-the
Steuarts of Innernytie, the Steuarts of Fungorth and Balleed, and
the Steuarts of Fondoynet, which appear to be the oldest branches of
Grandtully, and to be now extinct in the male line.
There is also given a Pedigree of the knightly family of Drum-
mond of Logiealmond, the heiress of which, Catherine, sister of
Sir William Drummond, fourth of Logiealmond, married Sir George
Steuart, fifth Baronet of Grandtully. This family is now represented
by Sir William Drummond Steuart. Sir John Drummond, the first
ccxxviii INTRODUCTION.
of Logiealmond, was the third son of John second Earl of Perth, and
an elder brother of Sir William Drummond, second Earl of Roxburgh.
Between him and his great-grandson, Sir William Drummond, the
last Laird of Logiealmond, there were four male heirs, all men of
distinction in various spheres.
Thomas Drummond, the second Laird of Logiealmond, actively
engaged with the Earl of Mar in the unsuccessful enterprise for the
restoration of the exiled family of Stuart. The Laird greatly distin-
guished himself at the battle of Sheriffmuir, where it is said that he
“toomed sixteen saddles” of the enemy, and was wounded in several
parts and taken prisoner, but escaped, it would appear, to a place of
concealment. His bravery is specially commemorated in the Jacobite
poetry of the times. In a contemporary Jacobite song, “The Battle
of Sheriff-Muir,” in which the chief persons in both armies are
described, he is thus celebrated —
“Grave Marshall and Lithgow, and Glengary's pith, too,
Assisted by brave Logie A'mon',
And Gordons the bright, sae boldly did fight,
The red-coats took flight and awa’ man.” "
After the failure of the rising of 1715, Thomas Drummond made
his escape. He disguised himself as a cooper, and, in that capacity,
resided for some time with one of his own tenants. His professed
occupation on that occasion gave rise to the following song:—
1 Chambers's Songs of Scotland prior to Burns, Edinburgh and London, 1862, p. 63.
THE DRUMMONDS OF LOGIEAL MOND. ccxxix
“There was a cooper, they ca'd him Cuddie,
He was the best cooper that ever I saw ;
He coopit a coggie for our gudewifie,
And heigho but he coopit it braw.
O was na he a gallant young cooper ?
And wasna he o' noble degree?
But gin our gudeman had kend o' Cuddie,
He wad hae been hangit out oure a tree.
O wae be to thee, thou silly auld carle,
And aye ane ill dead met ye die.
Thy house had never stood owne thy head,
Gin it hadna been for the young Logie.
But weel befa’ oure true gudewifie,
That kend the right side frae the wrang,
And mony a Drummond shall bless the wifie
That cheatit her fause and fickle gudeman.
And hey the cooper, the cooper, the cooper,
He was the best cooper that ever I saw ;
He coopit a coggie for oure gudewifie,
And, heighho ! he coopit it braw.
Young Cuddie the Cooper can dance and fiddle,
Young Cuddie can fight for honour and law,
Young Cuddie can kiss a sonsy young lassie,
That our gudewifie lo'es best of a'.””
To Thomas Drummond, second Laird of Logiealmond, the follow-
ing letter was addressed by Alexander Carnegie, fifth Laird of Bal-
namoon, when, with others of the Chevalier's army, who had been
made prisoners at the battle of Sheriffmuir, he was incarcerated in
the Castle of Carlisle :-
* Drummond's British Families, vol. ii. p. 18. There is a portrait of Thomas Drummond
at Murthly.
2 f
CCXXX IAWTRODUCTION.
“Carlyle Castle, 25 November 1716.
“DEAR SIR,--I take this opportunity again to make ane offer of
my humble duty to my Lady, you, and all my good friends with you.
Allow me to tell you that I have no reason now to expect any favor
by the solicitations that have been made for me by my great friends,
quhich obliges me to be very pressing with you, to push that project
without loss of time, as the only thing I have to trust too for my all;
and if that should fail, quhich I hope in God it will not, ye wou'd be
pleased to use your intrest with your cousine, the maid of honor, to
interpose for me att Court, quhich, I intreat, yell doe as soon as pos-
sible, if the other affair be not like to succeed. All your friends here
are very well, blessed be God! and offer their hearty service to you.
And I am, as ever yours, etc.
“A. C.”
“The Laird of Logie Almond, to the care of Mr. David Couper, writer
in Edinburgh.”
Another letter, addressed by Balnamoon to this Laird of Logie-
almond, has been already given.”
From the active part he had taken in the rebellion, Thomas
Drummond of Logiealmond was in danger of losing not only his
landed estate, but his life. By the interposition of friends, however,
he obtained assurances that his life would be spared, and ultimately
his estate was restored to him. On this subject a correspondent
* Original Letter at Murthly. * Wide p. cli.
THE DRUMMO.VDS OF LOGIEAL MOND. ccxxxi
thus writes:—“I reckon now honest Logie's life is secure, and that
is a great satisfaction. But without any estate, and a lady, what sort
of life must it be 4 I have writ to the Duke of Roxburgh on that head,
and to his mother and brother. . . . It appears now a very tender point
to medle with any body upon any thing concerning him, without my
Lord Roxburgh's privicy, and therefore I think he should be acquainted
with what is doeing by his cousins, Mrs. Ballantines. . . . I am per-
suaded a word from the Duke of Argyle would make the matter
of the estate goe easie. . . . I know I can get Ardkinlas to write and
use all his intrest with the Duke hartily. . . . There is one great
difficulty remains as to Logie, and that is, if he hath the misfortune
to be brought to his tryall, I doubt much if he will plead guilty, and
it's hard to tell what the consequence of his not doeing so may prove,
and that makes the obtaining a remission in time, or a noli prosequi,
(if it will doe,) timeOuslie the more necessary. As to what the Duke
writes of the difference of circumstances betwixt those who have got
remissions for life and fortune and Logie, I believe it will be found
very true, and that there are few, if any, who have yet got both.
There are, indeed, who have got life onlie, such as Mr. Basill Hamil-
toun, who, I believe, are in the same circumstances with him, but
I doubt if any have got both. The story of Mrs. Ballantine's"
having obtained Logie's life, and of her being a favourite of the Duke
* This was Mary Ballenden, daughter of bell of Mammore, who became fourth Duke
John second Lord Ballenden, son of William of Argyle. She was Maid of Honour to the
Drummond, second Earl of Roxburgh, who then Princess of Wales.
married in 1720 the Honourable John Camp-
ccxxxii 7NTRODUCTION.
of Argyle's, is gone abroad, and therefore it will be necessary to doe
the Duke of Roxburgh justice in that respect, since it's plain he hath
done it with King George before he went beyond sea, and I am fully
persuaded he hath not been forgetfull of his freinds.”
Thomas Drummond of Logiealmond was ultimately pardoned,
by the interest of his relative the Duke of Roxburgh, and his estate
continued in the family.
William Drummond of Grange, Writer to the Signet, Edinburgh,
in a letter to the Laird, dated 11th July 1718, communicates, in re-
gard to the drinking of Jacobite healths, the following extract from a
letter which he had received from his brother John —“This day I
was told from a good hand, that ame information is come up against
severall gentlemen for drinking of Jacobite healths, and that Logie
is one of them who are informed against. I wish ye wowld let Logie
know of this. I am soore it's false, and I wish he wowld write to me
so, if it be so.””
John Drummond, third of Logiealmond, was the eldest son of
William Drummond of Ballathie, brother of Thomas Drummond,
second of Logiealmond. His uncle, Thomas, having purposed to make
him his heir, Lord John Drummond, afterwards Duke of Perth, in a
letter to Thomas Drummond, second of Logiealmond, dated 24th
November 1736, thus writes, recommending him to furnish his nephew
with the means of travelling into France, and acquiring there such
accomplishments as would be suitable to the prospects which now
* Copy. Part of young Blair's Letter, at Murthly. * Original Letter at Murthly.
Lo R D J O H. N. D. R U M M on D. ca. Lie D FOUR TH D UK E 0F PERTH .
1747.
D 1 = D at a nºt w = R P A - D -

THE DRUMMONDS OF LOGIE AL MOVD. ccxxxiii
opened up before him —“Mr. Forbess, who is lately come from Hol-
land, tels me he left your nephew there in very good health. He says
he is in great esteem with all that are acquaint with him. It gives
me an occasion of joy, and consequently I cannot but congratulate
with yow upon it; but he would want a little more than Dutch
education to complete his breeding. I hope you’ll forgive it in a
freind to offer yow an advice upon that score, since yow have told
me yow dessign him for your heir. Would it be amiss, in case yow
think what I write yow proceeds from my freindship towards your
family, as I’m sure yow must judge it so by all my actions and
behaviour towards yow; would it be amiss, Say I, to let him make a
tour into France to see his relations there, and put him for some
time into the accademie, to learn his exercises, and acquire any other
qualifications may be wanting where he is at present, Suttable for
what yow dessign him for ' 'Tis true it will require money, and
should money be spar'd for the improvement of such a person º’’’
The same correspondent, writing to the Laird of Logiealmond
four days after, 28th November 1736, on the same subject, says,
“I just received yours of the 26th instant. . . . No money ought to
be put in ballance or sav'd to give a liberal education to one who
gives so promising hopes of success. This is what I believe few will
refuse for a maxim. Now, as your nephew has hitherto answer'd
your expectation by the esteem he acquires dayly amongst those he
frequents, I must leav the judgement of the time you'll allow him for
* Original Letter at Murthly.
ccxxxiv. INTRODUCTION.
his journey into France to yourself; and as for the money that's
requisit for it, it would be very wrong in me to mention it, since I'm
convinc'd you know your own and his circumstances much better
than I do, and that you’ll have reason to think the money yow bestow
that way, in all appearance for the purposes yow dessign him for,
well lay'd out, so you'll forgive my not entring into a greater detail
upon that scor. After I received your letter, I was so charmed with
your sentements, that I went to see Mr. Symmer, to consult with
him upon the subject, but unluckily he is out of the town.”
John Drummond entered the service of the King of Prussia, under
Marshall Keith, and in 1750 he was aide-de-camp to Frederic the
Great, King of Prussia.” The Earl of Perth, in a letter to Thomas
Drummond, second of Logiealmond, dated 13th of November 1747,
thus writes:—“I have a letter from your nephew, Captain John, of
the 27th of last month, in which he tells me of General Keith's
arrival there, when his Prussian Majesty declar'd him as Field Mari-
schall in his service. His letter is dated from Posdam, [Potsdam,
where the Court resides.” -
After possessing the estate of Logiealmond nearly twenty-nine
years, John Drummond died, on the 9th of September 1776, and was
succeeded by his son, Sir William, the fourth and last laird, who was
a man of great ability and accomplishments. He was distinguished
* Original Letter at Murthly. Drummond were preserved there. But these
* While the mansion-house of Logiealmond letters are now lost.
was inhabited by the Drummond family,
several letters addressed by the King to John * Original Letter at Murthly.
THE LOGIE CHARTERS.
CCXXXV
as a diplomatist, and as the author of many literary works, including
a dissertation on the Governments of Greece, and a translation of the
Satires of Perseus. As the heir-male of the Drummonds, Dukes of
Roxburgh, on the death of the fourth Duke in the year 1805, Sir
William Drummond formally claimed the title of Duke of Roxburgh;
Sir
William's eldest sister, Catherine Drummond, as already observed,
married Sir George Steuart, the fifth Baronet of Grandtully.
Of the printed charters, those contained in the Appendix to the
but Sir James Innes was preferred by the House of Lords.
first volume, relating to the family of Logy of Logy, afterwards of
Logiealmond, are, perhaps, the most interesting in the collection."
A representative of the Logie family, Sir John Logie, is notable
in history, from his having been implicated in 1320 in a conspiracy
against the life of King Robert the Bruce. His fellow-conspirators
were William de Soulis, Seneschal of Scotland, Sir David de Brechin,
(nephew to the King,) who had distinguished himself by his achieve-
ments in the Crusades, four other knights and three esquires. The
* The existence of the Logie Charters only
became known, from many inquiries for them,
after the Grandtully Charters and Correspond-
ence were printed. This will explain the
double paging of the Logie Charters. All the
originals belong to Sir William Drummond
Steuart. The first Logie Charter, printed in
the Appendix, was borrowed by the late
George Drummond Steuart of Braco Castle
from the Collection ; and it was not re-
turned before his death to his brother Sir
William. The charter was accidentally in-
cluded in the list of the personal effects of
Mr. George Drummond Steuart, probably
from the auctioneer's not knowing exactly
what it was. Being aware that it was in the
custody of Mr. George Steuart, Mr. W. F.
Skene, W.S., Edinburgh, ascertained that it
was to be put up for sale, and he then ac-
Quired it for a small sum. In the year 1863,
Mr. Skene presented it to the Lord Clerk-
Register of Scotland, to be kept with the
Public Records.--|The Seventeenth Report of
the Deputy-Clerk-Register of Scotland, 1864,
p. 15.]
ccxxxvi IWTRODUCTION.
object of the conspiracy, according to the testimony of Barbour, a
contemporary of high authority, was to put the King to death, and
place on the throne William Soulis, a lineal descendant of a daughter
of Alexander the Second, whose claims, had the legitimacy of his
mother been indisputable, would have been preferable to those of
Bruce and Baliol. For this conspiracy, which was discovered by the
confession of the Countess of Strathern, Sir John Logie, Sir David de
Brechin, and two others, were executed as traitors."
To this Sir John Logie reference is made by David the Second, in
a charter dated 5th April 1357, in which it is stated that he had
infefted “the deceased John of Logie” in the lands of Strongartnay,
in Perthshire, but being subsequently apprised by his Council that
his father, Robert the Bruce, had formerly granted these lands, which
had fallen into the hands of the Crown “from the forfeiture of the
deceased Sir John of Logie, Knight, father of the same deceased John
of Logie,” to the late Sir John of Meneteth, Knight, and Elen of Mar,
his spouse, he now, therefore, recalled the grant alluded to, and
restored the above-mentioned lands to Sir John de Meneteth, son of
these parties, from whom the lands, by the suggestion of certain
persons, had been thus taken.”
The Logie family acquired considerable note from Margaret Logy's
having been the second wife of King David the Second. Previous
to her becoming Queen of Scotland she was the widow of John Logy
of Logy, probably the John Logy, Son of Sir John Logy, the conspi-
* Tytler's History of Scotland, vol. i. p. 336. * Mar Charter-Chest.
QUEEN MARGARET LOGIE. ccxxxvii
rator, mentioned in the charter now quoted, and to him she had a
son. This we learn from a bond by John Kennedy of Dunure, dated
at Edinburgh, 29th November 136 ..., “To my most excellent
Lady, Lady Margaret, by the grace of God Queen of Scotland,” and
“to her son, the noble and potent man, John de Logy, Lord of that
Ilk,” binding himself “to be of their retinue for the whole period of
his life,” and to assist and support them “with the whole power of
his men.” Fordun and Lord Hailes both represent her as a daughter
of the Laird of Logy." But this is uncertain.
In the records in which her name occurs she is always called
Margaret Logy, and the fact of her having been the wife of John
Logy renders it doubtful whether she adopted the surname of her
husband, or whether Logy was her maiden name, which would be
quite consistent with her marriage to Logy, as he might have been
her cousin, or more remote relation. She is the only Queen of Scot-
land whose parentage has not been ascertained.
Margaret Logy was an able and an enterprising woman; and, aiming
at political power, she formed a party for the aggrandizement of her
son, whilst by her means the family of Stuart, as the next heirs to the
Crown, were thrown into prison. It was probably to strengthen her
faction that she sought and obtained the co-operation of such an
intriguing chieftain as John Kennedy of Dunure. But being com-
paratively of humble extraction, and the affection of the King for her
cooling, and degenerating into aversion, which issued in his applying
1 Fordun's History, vol. ii. p. 370; Lord Hailes' Annals, 1797, vol. iii. p. 115.
29
ccxxxviii INTRODUCTION.
for and obtaining a divorce from her in the chief ecclesiastical Court
in Scotland, in 1369—upon what grounds is unknown—she failed in
her political projects, and the Stuarts were liberated. Escaping to
the Apostolic Court at Avignon, she prosecuted an appeal against the
divorce; and the Pope, who, with his cardinals, warmly supported her
cause, granted a sentence upholding her marriage and her status as
Queen of Scotland. She died in the year 1374 or 1375, while on a
pilgrimage abroad connected with her appeal to the Pope. But the
accounts of the circumstances attending her death are vague and
contradictory." -
When the Logie lands fell into the possession of the Hays,
through the marriage of Margaret Logy, Lady of Logyalmond,” to
Thomas Hay, son of William fourth Earl of Errol, towards the close
of the fifteenth century, it would appear that the neighbours of the
old race of the Logies, who perhaps claimed propinquity, and bore
the name, left the holdings of their fathers, and sought other homes.
Like a tribe, they appear to have held together, and were even at a
later day banded in a neighbourhood near Murthly. In appearance
they were distinctive and remarkable, as their descendants still are,
and were long-lived, but without kindred or neighbours of their own
blood, and never sought to go back to the lands from which their first
exodus was made.
* Riddell's Inquiry into the Law and Prac- as heir of her brother, John of Logie, in the
tice in Scottish Peerages, pp. 982, 987. barony of Logiealmond, 10th November 1486,
* Margaret Logie of that Ilk was infefted vol. i. p. 166%.
ccxxxix
SUMMARY OF CONTENTS.
IT only remains to state shortly the contents of these volumes:
The first consists of selections of Charters, Retours, Agreements,
Notarial Instruments, Patents and other writs from the Muniments
of the family of Grandtully, beginning with the year 1342 and
extending to the year 1683, with an Appendix, consisting of similar
writs, beginning about the year 1260 and continued to the year
1839, the whole amounting to one hundred and sixteen.
The second volume consists of a selection of Letters, extending
to the number of two hundred and eighty-four. Two hundred
and forty-two of these are from a large collection preserved in
the Muniment Room at Murthly. They are arranged under the
divisions, first, of Royal Letters, the earliest of which is a letter from
King James the Fifth, in 1538, and the last of which is one from
King James the Sixth, in 1610: and, secondly, of Family and Do-
mestic Letters, commencing in 1590 and brought down to 1838. To
these is added an Appendix of Jacobite Letters, forty-two in number,
many of which were written by the Chevalier James Francis-Edward,
son of King James the Seventh, several by the Chevalier's nephew,
James second Duke of Liria, and others by John Erskine, Earl of
Mar, after the suppression of the rebellion in 1715. These letters,
which form a fitting sequel to the preceding correspondence, are
peculiarly interesting from the light which they throw on the per-
ccxl IAWTRODUCTION.
sonal history and character of the Pretender, and on the efforts
made to induce foreign powers, particularly Russia, to assist him in
prosecuting his claims for restoration to the throne of his ancestors.
In Great Britain and Ireland, and particularly in the Highlands of
Scotland, there still existed a numerous and powerful party who were
prepared to rally around his standard, and there were many appear-
ances, as detailed in his letters, which tended to buoy up his hopes
of obtaining assistance from Russia, in the event of his making a new
invasion of Britain. But neither Russia nor any other continental
power could be prevailed upon either to recognize his claims or to
promise him any support ; and no attempt was made to draw the
sword in the cause of the exiled House of Stuart till the lapse of
a period of thirty years from the date of the late insurrection, when
Prince Charles Edward landed in the Highlands, but only to have
his hopes finally crushed by the complete victory which the royal
army gained over his troops on the field of Culloden.
The collections in these two volumes, it is hoped, will be rendered
more intelligible and more interesting from the description of the
baronies, lands, etc., forming the estate of Grandtully, and from the
Memoirs of some of the leading chiefs of the family, and others,
contained in the Introduction. -
All the original charters and letters printed are preserved in the
Muniment Room at Murthly, unless when otherwise stated.
A full Abstract of the charters is given at the end of the first
volume, and of the letters at the end of the second. These abstracts
IMPORTA VCE OF FAMILY RECORDS. ccxli
readily indicate the principal points in the charters and corre-
spondence. :
Collections like the present have been highly valued, not only as
gratifying the curiosity of such as have acquired a taste for this
department of inquiry, but as of great utility, from the authentic
materials which they furnish for biography and memoirs of the times.
These volumes, the Editor flatters himself, form a not unimportant
contribution to the history of the Baronial families of Scotland. Many
works on the Royal House of Stuart and its numerous branches
have been written. This work does not profess to embrace a plan
so extensive. It is limited to only one branch of that family, the
House of Grandtully, but a branch which, from its antiquity and
position, is well entitled to have its history recorded from its own
Muniments.
All such collections are liable to perish by accidents. Within the
last twenty years the original muniments, from which these volumes
are printed, were exposed to imminent risk of being entirely destroyed
by fire, when an old tower of Murthly, in which the muniments
were preserved, was burned, in the year 1848. To save them, the
people employed in extinguishing the fire, hurriedly threw the papers
from the tower to the ground, and in the confusion many of them
were trampled upon and injured, whilst many perished in the
flames. But, notwithstanding the serious loss and injury then sus-
tained, there is still extant an almost unbroken series of charters
and other feudal titles, from the reign of King David the Second
ccxlii INTRODUCTION.
down to the present time, embracing a period of upwards of five
centuries.
The printing of family records in the present form may be
regarded as securing to posterity the valuable information which they
contain. Limited as the impressions of such family records generally
are, yet a judicious distribution of them in some of our principal
public libraries, and even in private collections, where they will be
cared for, renders it highly probable that some of the copies will be
long preserved.
During the thirty years that the present proprietor of Grandtully
has possessed that estate many outlays have been made, especially
on the barony of Murthly. In the same space of time few estates
have undergone so much embellishment.
Those who value such works as the present, will, we doubt not,
judge that the same taste which has guided these conspicuous im-
provements has been exercised in recording in this form, and thereby
securing, to all future times, the family muniments now printed.
If there is any merit in this work it is due to the generous owner of
these muniments, as its sole originator.
WILLIAM FRASER.
32 CASTLE STREET,
EDINBURGH, December 1868.
s c. E N E 1 N T H E R O C KY M 0 u N T Al N. S. 0 F A M E R 1 CA .

C H A R T E R S.
1. CHARTER by KING DAVID II., dated 22d August 1342, confirming a
charter by DUNCAN EARL OF FIFE to JoHN OF YRELANDE, dated 20th
January 1336, fixing the marches between the baronies of Strathurde
and Morthely.
DAUID Dei gracia rex Scottorum, Omnibus ad quos presentes littere peruene-
rint, salutem : Noueritis nos inspecsisse quasdam litteras sigillo Duncani
comitis de Fyff sigillatas, formam que sequitur de verbo ad verbum conti-
nentes : OMNIBUS hoc scriptum visuris vel audituris, Duncanus comes de
Fyff, salutem in Domino Sempiternam : Quia quedam discencio fuit inter
nos et antecessores nostros, ex vna parte, et Johannem de Yrelande et
antecessores Suos, ex altera, de quibusdam diuisis rectis inter terram nostram
baronie de Strathurde et terram dicti Johannis baronie de Morthely, nos
vero plenarie cognoscentes rei veritatem et sanitatem consciencie nostre con-
siderantes, damus, concedimus, et hoc scripto nostro, pro nobis et heredibus
nostris, in perpetuum confirmamus dicto Johanni de Yrelande et heredibus
suis has metas et diuisas subscriptas ad dictam baroniam de Morthely here-
ditarie fore spectandas, videlicet, incipientes ad petram de Madeforne ex-
tendentes versus Crescholtre, et de Crescholtre extendentes versus austrum
vsque Inchedawf, et de Inchedawf versus occidens contra occursum riuoli
extendentes vsque Cragileth extendentes versus boream vsque Mongrethe, et
de Mongrethe extendentes vsque Aachindarg, et de Aachindarg sicut riuulus
currit vsque le lyn Ruebarbur, et de Ruebarbur ascendentes riuulum vsque
le lyn de Cragtarsin, et de Cragtarsin sicut riuulus currit descendendo vsque
A - *-
2 CHARTERS. - [1345.
Tomford, et de Tomfod per quoddam mariseum descendendo vsque le
Foresterhill, et del Foresterhil descendendo in aquam de Tay; ita quod nos
mec heredes nostri aliquod ius vel clameum in dicta baronia de Morthly vltra
metas prenominatas de cetero in futurum exigere valeamus. In cuius rei
testimonium presenti scripto sigillum nostrum apposuimus : Datum apud
Falcland, xx” die Januarij anno Gracie millesimo coc" xxx” viº: DATUM
apud Londors, sub sigillo nostro priuato, xxij" die Augusti anno regni nostri
quarto decimo.
2. PRECEPT by DUNCAN EARL OF FIFE to ROBERT STEWARD OF SCOTLAND, ament
the fixing of the marches of the barony of Morthely. [21st March] 1345.
DUNCANUS comes de Fyfe, Domino Roberto Senescallo Scocie, balliuo suo
omnium terrarum Suarum regni Scocie, salutem : Vobis mandamus et preci-
pimus quatinus, visis presentibus, has metas et diuisas subscriptas ad baroniam
de Morthely a nobis et heredibus nostris Johanni de Hibernia et heredibus
suis per nos concessas, et dicte baronie de Morthely de iure spectandas, vide-
licet, incipientes apud petram de Madforne extendentes versus Crescholtyr,
et de Crescholtyr extendentes versus austrum vsque Inchedavfe, et de Inche-
davfe versus Occidens contra occursum riululi extendentes vsque Cragyleth, et
de Cragyleth extendentes versus boriam vsque Mongrethe, et de Mongrethe
extendentes vsque Aachindarge, et de Aachindarge sicut riuulus currit vsque
le lyn de Ruebarbur, et de Ruebarbur ascendentes riuulum vsque le lyn de
Cragtarsin, et de Cragtarsin sicut riuulus currit descendendo vsque Tomfod,
et de Tomfod per quoddam mariseum descendendo vsque le Forsterhil, et de
le Forsterhil descendendo in aquam de Tay, faciatis dicto Johanni inuiola-
biliter obseruari; ita quod nullus de Cetero dictum Johannem vel suos heredes
in premissis presumat perturbare vel molestare, sub pena omnium que erga nos
1345-1388.] CHARTERS. 3
amittere possit. In cuius rei testimonium sigillum nostrum presentibus ap-
posuimus: Datum apud Kylvemym in die sancti Benedicti Abbatis, anno
Gracie millesimo ccc"'° xl"'° quinto, presentibus reuerendo patre, Domino
Thoma Dei gracia episcopo Sodorensi, nobili viro Domino Roberto semescallo
Scocie, et Thoma de Lummysdem et multis aliis.
3. PRECEPT by ROBERT STEWARD OF SCOTLAND, to DUNCAN son of Andrew,
Head Forester of Brammam, anent the marches of Morthley. [1345.]
ROBERTUs Senescallus Scocie, balliuus omnium terrarum Comitis de Fyfe infra
regnum Scocie, Dumcano filio Andree, capitali Foristerio de Brannam, salutem :
Litteras Comitis de Fyfe nobis nuper directas recepimus patentes, quarum
tenor subsequitur in hec verba : Duncanus comes de Fyfe [etc., ut supra,
No. 2.] QUARUM QUIDEM literarum autoritate tibi et foristariis sub te con-
stitutis mandamus et firmiter precipimus quatinus predictas metas et diuisas,
vt premittitur, eidem Johanni et heredibus suis quatenus in vobis est, sine
contradictione, sub pena omnium que erga dictum comitem amittere poteritis,
inuiolabiliter obseruari faciatis in futurum.
4. CHARTER by KING ROBERT II., in favour of ALEXANDER OF BERCLAY of
Kercow, of the baromy of Kercow. 15th May [1388.]
ROBERTUs Dei gracia Rex Scottorum, omnibus probis hominibus tocius terre
sue, clericis et laycis, salutem : Sciatis nos dedisse, concessisse, et hac pre-
senti carta nostra confirmasse Alexandro de Berclay de Kercow integram
Baroniam de Kercow, cum pertinenciis, infra vicecomitatum de Perth, que
fuit Willelmi de Berclay, patris sui, et quam idem Willelmus, non vi aut metu
ductus, nec errore lapsus, sed mera et spontanea voluntate sua per fustum et
4 CHARTERS. [1414.
baculum nobis per literas suas resigmacionis sursum dedit pureque et sim-
pliciter resignauit, ac totum ius et clameum que in dicta baronia cum per-
tinenciis habuit, vel habere potuit, pro se et heredibus suis omnino quietum
clamauit imperpetuum : Temendam et habendam eidem Alexandro et heredibus
suis de nobis et heredibus nostris in feodo et hereditate, per Omnes rectas
metas et diuisas suas, cum omnibus et singulis libertatibus, commoditatibus,
aysiamentis et iustis pertinenciis quibuscunque ad dictam baroniam cum
pertinenciis spectantibus, seu quoquo modo iuste spectare valentibus in
futurum, adeo libere et quiete, plenarie, integre, et honorifice in omnibus et
per omnia, sicut dictus Willelmus pater suus eamdem baroniam de nobis tenuit
ante resignacionem huiusmodi nobis factam : Faciendo nobis et heredibus
nostris dictus Alexander et heredes sui seruicia inde debita, et consueta :
Saluo patri libero tememento eiusdem pro toto tempore vite sue, et nobis et
heredibus mostris releuio aut Warda post mortem dicti sui patris. In cuius
rei testimonium presenti carte nostre nostrum precepimus apponi sigillum ;
testibus, reuerendissimo in Christo patre, Waltero Dei gracia Sedis Apostolice
Cardinali, venerabili in Christo patre Johanne episcopo Dunkeldensi, cancel-
lario nostro, Johanne primogenito nostro de Carric, senescallo Scocie, Roberto de
Fyf et de Menteth, Jacobo de Douglas, filiis nostris dilectis, comitibus, Arche .
baldo de Douglas, et Thoma de Erskyne, consanguineis nostris, militibus,
apud Edynburgh, quinto decimo die Maij, anno regni nostri septimo decimo.
5. CHARTER by ARCHIBALD EARL OF DOUGLAs to his shield-bearer and
cousin, ALEXANDER STEWART, of the lands of Garnetully and others.
30th March 1414.
OMNIBUS hanc cartam visuris vel audituris, Archibaldus comes de Douglas
Dominus Galvidie et vallis Anandie, salutem in Domino sempiternam :
º
***
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1414.] CHARTEIPS.
5
Noueritis nos dedisse, concessisse, et hac presenti Carta nostra confirmasse
dilecto scutifero et consanguineo nostro, Alexandro Senescalli, filio nobilis
viri domini Johannis Senescalli, domini de Lorn, militis, consanguinei nostri
karissimi, pro Suo Seruicio nobis impenso et impendendo, Omnes et singulas
terras nostras de Garnetully, Kyltullyth, et Abirfally, cum Suis pertinen-
ciis, infra Abthaniam de Dull et vicecomitatum de Pertht: Quequidem terre
cum pertinenciis per prius fuerunt predicti domini Johannis Senescalli, et
quas ipse, non vinec metu ductus, nec errore lapsus, Sed mera et spontanea
sua voluntate, in presencia Serenissimi principis et domini nostri metuendi,
domini ducis Albanie gubernatoris regni, et aliorum multorum dominorum,
nobis per fustim et baculum sursum reddidit, pureque et simpliciter resig-
nauit, ac totum ius et clameum que in eisdem habuit uel habere potuit,
per suas patentes literas suo sigillo sigillatas, in presencia dictorum Serenis-
simi principis et aliorum dominorum, apud Streuelin, pro se et heredibus
suis quibuscunque quitum clamauit imperpetuum : Tenendas et habendas
predictas terras de Garnetully, Kiltullyth, et Abirfally, cum suis pertinenciis,
predicto Alexandro Senescalli et heredibus suis masculis de corpore suo legit-
time procreatis seu procreandis; quibus forte deficientibus, predicto domino
Johanni Senescalli et heredibus suis quibuscunque, de nobis et heredibus
nostris in feodo et hereditate imperpetuum, per omnes rectas metas et diuisas
Suas, in boscis, planis, moris, marresijs, pratis, pascuis et pasturis, aquis,
stagnis, riuulis, molendinis, multuris et eorum sequelis, viis, semitis, turbarijs,
petarijs, et carbonarijs, fabrilibus et brasinis, aucupacionibus, venacionibus, et
piscacionibus, curijs et curiarum exitibus, et alijs eschaetis, ac cum Seruicijs
libere tenencium earundem, et cum omnibus alijs et singulis commoditati-
bus, libertatibus, et aisiamentis ac iustis suis pertinencijs quibuscunque,
tam non nominatis quam nominatis, tam Sub terra quam supra terram, et
tam procul quam prope ad predictas terras cum pertinenciis spectan-
6 CHARTERS. [1414.
tibus, seu iuste spectare valentibus infuturum, libere et quiete, plenarie,
integre et honorifice, bene et in pace, in omnibus et per omnia: Red-
dendo inde annuatim predicti Alexander et heredes sui prenotati, quibus
deficientibus, predicti dominus Johannes et heredes sui quicumque nobis
et heredibus nostris tres sectas curie ad tres curias nostras de Garne-
tully tenendas supra montem dictum le Courthill, quem montem nobis et
heredibus nostris duntaxat reseruamus pro curiis nostris ibidem tenendis;
et reddendo domino Abthanie de Dull seruicium de dictis terris debitum et
consuetum, pro omni alio seculari seruicio, exaccione, consuetudine, uel de-
manda que de dictis terris de Garnetully, Kiltullith, et Abirfalli, cum suis
pertinenciis, exigi poterunt uel requiri: In cuius reitestimonium huic pre-
senti carte nostre sigillum nostrum fecimus apponi, apud Streuelin, penultimo
die mensis Marcij, anno Domini millesimo coccº” decimo quarto; presentibus
dicto illustrissimo principe, domino nostro regni gubernatore metuendo, no-
bilibus viris, Johanne Senescalli, comite Bouchanie et camerario Scocie,
Roberto Senescalli de Lorne, scutiferis; et domino Willelmo de Borthwike,
milite, consanguineo nostro, cum multis alijs.


1414.] CHARTERS. 7
6. PRECEPT by ARCHIBALD EARL OF DOUGLAS for infefting his cousin,
ALEXANDER STEUART, in the lands of Garnetully and others. 8th
March 1414.
ARCHIBALDUs comes de Douglas, Dominus Galvidie et vallis Anandie, dilecto
nostro Andree Asoot, ballivo nostro hac vice omnium terrarum nostrarum
cum pertinenciis infra apthamiam de Dull et vicecomitatum de Pertht,
salutem : Quia concessimus dilecto consanguineo nostro Alexandro Senescalli,
filio nobilis viri Domini Johannis Senescalli de Innermethe, militis, consan-
guinei nostri karissimi, omnes et singulas terras nostras de Garnetully, Kyl-
tullyth et Abyrfally cum suis pertinenciis, infra dictam balliam vestram
terrarum nostrarum apthanie de Dul et vicecomitatum predictum iacentes, in
feodo et hereditate imperpetuum, Secundum tenorem carte nostre sibi inde
confecte, vobis precipiendo mandamus quatemus predicto Alexandro Senes–
calli vel suo certo actornato, Saisinam statum et possessionem hereditariam
omnium predictarum terrarum nostrarum de Garnetully, Kiltulyth, et
Abirfally cum Suis iustis pertinenciis quibuscunque, secundum tenorem
predicte carte nostre eidem Alexandro confecte, in omnibus et per omnia,
visis presentibus, haberi faciatis indilate, iure cuiuslibet semper salvo;
ad quod faciendum vobis, hac parte ballivo nostro omnium predictarum
terrarum nostrarum cum pertinenciis infra dictam apthaniam de Dull, ut
prefertur, plenam et liberam tenore presentium nostram committimus potes-
tatem. In cuius rei testimonium his literis nostris sigillum nostrum
fecimus apponi, apud Streuelin, octauo die mensis Marcij, anno Domini
millesimo coccº” xiiij”.
8 CHARTE RS. [1419.
7. CHARTER by CHRISTIANA OF MURE, Lady of Brintschelis, to ALEXANDER
STEUART, of the lands of Carnbo. 1st June 1419.
OMNIBUS hanc cartam visuris vel audituris, Christiana de Mure, domina
de Brintschelis, salutem in Domino sempiternam : Noueritis me, in
mea pura viduetate existens, dedisse, concessisse, et hac presenti carta
mea confirmasse nobili viro, Alexandro Steuart, filio domini Johannis
Steuart, domini de Lorne, pro suo consilio pariter et auxilio michi gra-
tanter ac multipliciter impensis, omnes et singulas terras meas de Carnbo,
cum pertinenciis, infra vicecomitatum de Perth, in comitatu de Strath-
erme jacentes : Tenendas et habendas omnes et singulas prenominatas terras
de Carnbo, cum pertinenciis, predicto Alexandro, heredibus suis et suis
assignatis, a me et heredibus meis, in feodo et hereditate imperpetuum, per
omnes rectas metas suas antiquas et diuisas, in boscis, planis, pratis, pascuis
et pasturis, moris, marresiis, viis, semitis, aquis, stagnis, venacionibus, aucu-
pacionibus, et piseacionibus, molendinis, multuris, et eorum sequelis, eum
curiis, eschaetis et earum exitibus, et cum omnibus aliis libertatibus, com-
moditatibus, aisiamentis, et justis pertinenciis suis quibuscunque, tam non
nominatis quam nominatis, tam prope quam procul, tam sub terra quam
supra terram, ad dictas terras cum pertinenciis spectantibus, seu spectare
valentibus quoquomodo in futurum, libere, quiete, plenarie, integre, honorifice,
bene et in pace : Faciendo inde annuatim predictus Alexander, heredes sui
et sui assignati, domino superiori seruicium debitum et consuetum : Ego uero
predicta Christiana [et] heredes mei, dictas terras predicto Alexandro, heredi-
bus suis et suis assignatis, contra omnes mortales Warantisabimus, aquitabi-
mus, et imperpetuum defendemus. In cuius rei testimonium sigillum meum
presentibus est affixum, apud Perth, primo die mensis Junij, anno Domini
millesimo quadringentesimo decimo nono ; hiis testibus, domino Nicholaio
1445.] CHARTERS. 9
Huntare, secretario domini Ducis Albanie, Johanne de Camera, Domino de
Glasle, Cristino de Camera, Secretario domini Comitis Buchanie, et Johanne
de Camera, camerario domini Ducis Albanie antedicti.
8. SASINE in favour of THOMAS OF ABBYRCROMBY of that Ilk, of the lands of
Murthly and Nether Eskyndi. 10th May 1445.
IN Dei nomine Amen : Nouerint Vniuersi hoc presens publicum instru-
mentum inspecturi, quod anno ab Incarnacione eiusdem millesimo quad-
ringentesimo quadragesimo quinto, mensis vero Maij die decima, indictione
viij, pontificatus Sanctissimi in Christo patris ac domini nostri, domini Eugenij
diuina disponente clemencia pape quarti, anno XV. : In mei notarij publici et
testium subscriptorum presencia personaliter constitutus nobilis vir, Thomas
de Abbyrcromby de eodem, quasdam literas a Capella Supremi domini nostri
Regis emanatas nobili viro Johanni Ewiot de Ballousy, cum ea qua decuit
reuerencia, presentauit, tenorem qui sequitur continentes : Jacobus Dei gracia
Rex Scottorum, dilecto nostro Johanni Ewiot de Ballousi, balliuo nostro
in hac parte, salutem : Quia concessimus dilecto et fideli nostro Thome
de Abbircrombi omnes et singulas terras de Murthtly et Nethir Eskyndi,
cum pertinenciis, jacentes infra vicecomitatum de Pertht, quequidem terre
cum pertinenciis fuerunt eiusdem Thome hereditarie, et quas idem Thomas
in manibus nostris per fustem et baculum Sursum reddidit, pureque et sim-
pliciter resignauit, prout in carta nostra inde confecta plenius continetur,
vobis precipimus et mandamus quatenus dicto Thome uel suo certo actor-
nato, latori presencium, Saisinam dictarum terrarum cum pertinenciis, Secun-
durn tenorem dicte carte quam inde habet, iuste habere faciatis, et sine
dilacione, et ad hoc faciendum nostram per presentes plenariam commit-
timus Vobis potestatem, et hoc nullo modo omittatis; teste meipso, apud
B
1() CHARTERS. [1445.
Striveling, secundo die mensis Aprilis anno regni nostri nono : Quibus quidem
literis et carta receptis ac demum perlectis, prefatus Thomas predicto Johanni
Ewiot humiliter supplicauit vf Saisinam dictarum terrarum de Murthtle et
Eskyndi, iuxta tenorem, vim, formam et effectum huiusmodi Carte Sibi traderet:
predictus vero Johannes volens literis regiis obedire, vt tenetur, accedens ad
messuagium capitale de Murthtle et Eskyndi, predicto Thome saisinam dictarum
terrarum de Murthtli et de Nethir Eskyndi, cum pertinenciis, iuxta formam
dicte carte inde confecte per terram et lapides, vi moris est, tradidit: Super
qua quidem saisine tradicione prefatus Thomas per me notarium publicum
Sibi fieri peciit presens publicum instrumentum. Acta fuerunt hec apud
manerium de Murthtli et de Nethir Eskyndi, anno, die, mense, indictione, et
pontificatu supra dictis ; presentibus ibidem honorabilibus viris, videlicet,
Willelmo de Cardeny de eodem, Duncano de Cardeny eius filio, Johanne de
Irlande de Burnban, armigeris, Roberto Galichtli, Gilberto Galichtli, Mal-
Colmo Galichtli, fratribus germanis, Ricardo de Stratherne, domino Simone
M'Nar, rectore de Arddewnane, domino Roberto M'Nar capellano, et Dun-
cano de Fordwy, cum multis aliis testibus ad premissa vocatis specialiter et
rogatis.
Et ego Johannes de Atholia, presbyter Dunkeldensis diocesis, publicus
imperiali auctoritate notarius [etc., in forma communi.]
9. CHARTER by KING JAMES II. to ROBERT OF ABERCROMBY of the barony of
Murthlie, and the lands of Eschindy and Abercromby. 22d March 1445.
JACOBUS Dei gratia Rex Scotorum, omnibus probis hominibus totius terre
sue, clericis et laicis, Salutem : Sciatis nos dedisse, concessisse, et hac pre-
senti carta nostra confirmasse dilecto nostro et fideli nostro Roberto de
Abercromby, omnes et singulas terras baronie de Murthlie, terras de Eschindy,
1445.] CHARTE H?S. -. ] 1
cum pertinentiis, jacentes infra vicecomitatum de Perthe, et terras de Aber-
crombie cum pertinentiis jacentes infra vicecomitatum de Fyffe ; quequidem
terre cum pertinentiis fuerunt Thome de Abercromby de eodem, patris sui,
hereditarie, et quas idem Thomas, non vi aut metu ductus, nec errore lapsus,
sed mera et spontanea voluntate sua, in mamus nostras per fustem et baculum
sursum reddidit, pureque et simpliciter resignauit, ac totum ius et clameum
que in dictis terris cum pertinentiis habuit seu habere potuit, pro se et here-
dibus suis omnino quieteclamauit imperpetuum : Tenendas et habendas
omnes et singulas prenominatas terras baromie de Murthlie et Eschindie et
de Abercromby, cum pertinentiis, predicto Roberto et heredibus suis, de nobis,
heredibus et successoribus nostris, im feodo et hereditate imperpetuum, per
omnes rectas metas suas antiquas et diuisas, cum omnibus et singulis liberta-
tibus, commoditatibus, asiamentis, ac iustis pertinentiis suis quibuscunque,
tam non nominatis quam nominatis, tam subtus terra quam supra terram,
procul et prope ad dictas terras cum pertinentiis spectantibus, seu juste
spectare valentibus quomodolibet in futurum, adeo libere, quiete, plenarie,
integre, honorifice, bene et in pace, in omnibus et per omnia, sicut prefatus
• Thomas aut aliquis predecessorum suorum prenominatas terras cum perti-
nentiis de nobis et antecessoribus nostris ante dictam resignationem nobis
inde factam liberius tenuit seu possidit: Faciendo inde nobis et successoribus
nostris dictus Robertus et heredes sui quicumque servitia debita et consueta,
reseruato tamen libero tenemento dictarum terrarum cum pertinentiis dicto
Thome pro toto tempore vite sue, ac rationabili tertia earumdem cum con-
tingat sponse prefati Thome quo tempore fuit. In cuius rei testimonium
presenti carte nostre magnum sigillum nostrum apponi precepimus; testibus,
reuerendo in Christo patre ac charissimo consanguineo et consiliario nostro
Jacobo episcopo Dunkeldensi, Willielmo comite de Douglas, Alexandro comite
de Craufurd, Willielmo domino de Creichtoum, consanguineijs etiam nostris
] 2 CHARTERS. [1446.
charissimis Alexandro de Levingstoum de Calender, Joanne de Cokburne de
Dalginche, militibus, magistris Willielmo Turnbull, secreti sigilli nostri
custode, Joanne de Railstoum, secretario nostro, Jacobo de Levingstoum, capi-
taneo castri nostri de Striuiling, Jacobo de Dundas de eodem, et Alexandro
Nairne de Sandefurd, scutiferis, apud Striuiling, vicesimo secundo die
mensis Martij anno Domini millesimo quadringentesimo quadragesimo quinto,
et regni nostri decimo.
Hec est vera copia principalis carte suprascripte, copiata et collatiomata
per me magistrum Joannem Hay de Eister Kennet, scribam consilij,
de mandato dominorum eiusdem, ac virtute eorum decreti latj decimo
die mensis Julij, anno Domini millesimo sexcentesimo decimo septimo,
cum principali in omnibus concordans, nil addito vel remoto quod
substantiam mutaret aut sententiam variaret, testantibus meis signo
et subscriptione manualibus.
J. HAY.
10. SASINE in favour of ROBERT DE ABBERCRUMBY, son of Thomas Abber-
crumby of that Ilk, of the barony of Murthlie and lamds of Eschindy and
AbberCrumby. 2d Jume 1446.
IN Dei nomine, Amen : Per hoc presens publicum Instrumentum cunctis
pateat euidenter quod anno ab Incarnatione eiusdem millesimo quadrin-
gentesimo quadragesimo sexto, indictione nona, mensis vero Junij die
secundo, pontificatus sanctissimi in Christo patris ac domini nostri, domini
Eugenij diuina prouidencia pape quarti, anno decimo sexto: In mei motarij
publici et testium subscriptorum presencia personaliter constitutus generosus
vir, Johannes Evyot, dominus de Balwolssy, vnam literam commissionis in
pergameno scriptam, per medium sigilli serenissimi ac excellentissimi domini
1446.] CHARTERS. 13
nostri, Jacobi Regis Scotorum, in cera alba pendentis sigillatam, non rasam,
non abolitam, non cancellatam, nec vermibus corrosam, Sed omnivicio et sus-
picione carentem, mihi notario subscripto presentauit perlegendam, cuius
tenor sequitur, et est talis : JACOBUS Dei gratia Rex Scotorum, omnibus probis
hominibus suis ad quos presentes litere peruenerint, salutem : Sciatis quod
facimus, constituimus, et per presentes ordinamus dilectos nostros et fideles,
Willelmum Oliphant de Kelly, militem, et Johannem Eviot de Balwolssy,
et eorum alterum, coniunctim et diuisim, balliuos nostros in hac parte, et hac
vice duntaxat: dantes et concedentes eisdem Willelmo et Johanni, balliuis
nostris, coniunctim et diuisim, nostram plenariam potestatem et speciale man-
datum ad liberandum et haberi faciendum Saisinam terrarum baronie de
Murthle, terrarum de Eschindy, cum pertinenciis, jacentium infra vicecomi-
tatum de Perthe, et terrarum de Abbercrumby cum pertinenciis, jacentium
infra vicecomitatum de Fyff, Roberto de Abbercrumby, filio Thome de Abber-
crumby, iuxta tenorem breuis de capella nostra eisdem Willelmo et Johanni
exinde directi, coniunctim et diuisim, et generaliter omnia alia et singula
faciendum et perimplendum que in premissis necessaria fuerint, Seu eciam
oportuna. In cuius rei testimonium has literas nostras fieri fecimus patentes,
apud Strivelyn, xxiij die mensis Marcij, anno regni nostri decimo : qua per
me perlecta, antedictus Johannes vnum breue clausum capelle Domini nostri
Regis predicti presentauit perlegendum, cuius tenor sequitur in hec verba :
JACOBUS Dei gratia Rex Scotorum, dilecto nostro Johanni Eveot de Balwossy
balliuo nostro in hac parte, salutem : Quia concessimus dilecto et fideli nostro
Roberto de Abbercrumby omnes et singulas terras baronie de Murthle et
terras de Eschindy cum pertinencijs, jacentes infra vicecomitatum de Perthe,
quequidem terre cum pertinenciis fuerunt Thome de Abbercrumby de eodem,
patris Sui, hereditarie, et quas idem Thomas in manibus nostris per fustem et
baculum sursum reddidit pureque et simpliciter resignauit, prout in carta
14 CHIA H?TERS. [1449.
nostra imde confecta plenius continetur, vobis precipimus et mandamus
quatenus dicto Roberto vel suo certo actornato, latori presencium, saisinam
dictarum terrarum cum pertinenciis iuste habere faciatis, et sine dilacione,
saluo iure cuiuslibet, et hoc mullo modo omittatis : Teste meipso, apud
Striwelyn, xxiii die mensis Marcij anno regni nostri decimo : Post cuius
quidem breuis lecturam antedictus Johannes balliuus prenominatus saisinam
hereditariam baromie de Murthle et terrarum de Eschindy cum pertinenciis
tradidit, secundum tenorem sue carte, Roberto de Abbercrumby, libero tene-
mento Thome de Abbercrumby, patri suo, pro toto tempore vite sue reseruato,
et iure cuiuslibet: quibus sic factis, antedictus balliuus terram et lapidem im
manu predicti Roberti posuit, sicut est moris ac consuetudinis : Super quibus
omnibus et singulis antedictus Robertus peciit a me notario publico publicum
seu publica instrumentum vel instrumenta. Acta fuerunt hec in capitali mes-
suagio de Murthle, hora quasi sexta post merediem, sub anno, indictione,
mense, die, et pontificatu quibus supra ; hiis testibus, videlicet, Gilberto Haye,
Johanne Yrland de Burmbane, Roberto Galychtly, et Gilberto Galychtly, cum
multis aliis, ad premissa vocatis specialiter et rogatis.
Et ego Willelmus de Abbermethy, presbyter Dunblamensis diocesis, publi-
cus auctoritate imperiali notarius [etc., în forma communi.]
11. AGREEMENT between WILLIAM ABBOT OF CUPAR and THOMAS STEWART Of
Garntully concernimg the marches of Murthly and Kyntully. 10th
July 1449.
UNIUERSIS ad quorum noticias presentes litere peruenerint, Willelmus mis-
eracione diuina abbas monasterij de Cupro ordinis Cisterciensis, Sancte
Andree diocesis, et Thomas Stevart de Garntuly, salutem in omnium Salua-
tore : Noueritis quod, cum inter nos Abbatem et Conuentum monasterij pre-
1449.] CHARTERS. 15
dicti, ex vna, et me Thomam Stevart prefatum, partibus ex altera, de et super
rectis metis et diuisis marchiarum, limitum, et confinium terrarum de Mvrthly
nobis abbati ſet] conuentui pertinentium, ac terrarum de Kyntuly mihi Thome
spectantium, Orta fuisset materia questionis, tandem post diuersas alterca-
ciones, questiones et demandas inter nos Abbatem et Conuentum ac Thomam
predictos hinc inde motas et propositas, de Vnanimi nostro et mei Thome
consensu et assensu electa fuit assisa proborum et fidedignorum virorum
patrie, pro, de et super dictarum terrarum diuisis et marchijs fideliter peram-
bulandis, quorum virorum nomina Subsecuntur; widelicet, Johannes Menyheis
de le Wemys, Johannes Stevart de Ranath, Patricius Ogylby, Malcholmus
Moncrefe de eodem, Angusius Menyheis, Willelmus Blare de Ardblare, Thomas
Chavimer de Drumlochy, Johannes Menyheis, Johannes Rethre, Dauid Blare,
Johannes Butter, Robertus Maknare, Malcholmus Reath, Fargusius Ade,
Fynlaus Nelsoun, Gylgormore et Danaldus Croy: Qui vero viri de assisa,
conuocatis ad se antiquioribus et probioribus patrie viris, habitaque cum
eisdem collacione et deliberacione super dictis marchijs et diuisis declarandis,
ac bene auisati et consulti deliberarunt, pronunciarunt, et Ordinarunt quod
nos Abbas et Conuentus libere habeamus, teneamus, congaudeamus, et pro
perpetuo possideamus, ac nostri successores qui pro tempore fuerint libere
habeant, temeant et congaudeant, et pro perpetuo possideant dictas terras Suas
de Murthly cum pertinencijs, cum vniuersis et singulis libertatibus, commo-
ditatibus, et asiamentis, ac iustis pertinencijs quibuscunque ad easdem terras
spectantibus, Seu iuste spectare valentibus quomodolibet in futurum, per
has methas et diuisas subscriptaset ordinatas per predictos dominos de assisa,
videlicet, inchoando ad aquam de Taya, deinde per vnum magnum lapidem
in latere collis iuxta aquam prefatam, et sic directe tendendo Vsque ad verti-
cem cuiusdem montis a parte australi: quequidem diuise, et marchie notifi-
cate et signate existunt per magnorum lapidum impressionem et infixionem
| 6 CHARTERS. [1462.
in tramite antedicto; et siquid de terris mei Thome Stevart ex deliberacione
dicte assise prefati abbas et conuentus habuerint, seu per dictam assisam
adiudicatum est eisdem, illud dictis abbati et conuentui propter orationum
suffragia per ipsos et eorum successores pro meet meis successoribus impen-
denda, et ob mean confraternitatem in monasterio predicto libere dono, et
per presentes plenarie concedo : necnon meum consilium, auxilium, manu-
tenenciam, et fauorem impendere promitto fideliter imperpetuum ; meque,
heredes meos, et successores quoscumque quittos et immunes ab Omni iure et
clameo, calumpneis et demandis dictorum limitum, confinium et marchiarum,
reddo imperpetuum : Et hoc vniuersis et singulis quorum interest, uel intererit
in futurum, nos dicti Abbas et Thomas notum facimus et declaramus pre-
sencium per tenorem, quibus, in premissorum testimonium, sigilla nostra
vnacum sigillis quorundam de assisa Sunt appensa, apud monasterium nostrum
antedictum, decimo die mensis Julij, anno Domini millesimo quadringentesimo
quadragesimo nono.
12. RETOUR of the Service of ALEXANDER STEWART, as heir of his father
THOMAS STEwART, in the lands of Grantuly, 13th May 1462.
HEC inquisicio facta fuit apud Perth, Coram domino Andrea Murray, milite,
deputato dicti vicecomitatus, decimo tercio die mensis Maij anno Domini
millesimo cocc” sexagesimo Secundo, per hos subscriptos ad hoc magno
sacramento juratos et Oneratos, videlicet, dominos Patricium Rothwen,
Robertum Abircrumby, Laurencium Mercere, milites, Dauid Ogilby, An-
dream Mercer, Dauid Hering, Siluestrum Rettre, Johannem Muncrefe,
Robertum Ros, Finlaum Ramsay, Willelmum Blare, Walterum Kynnard,
Thomam Oliphant, Johannem Buttergask, Johannem Haliburtoun, Robertum
Mercer, et Thomam Rogerj: Qui jurati dicunt quod quondam Thomas
1462.] CHARTERS. 17
Stewart, pater Alexandri Stewart, latoris presencium, obiit vltimo vestitus
et saisitus vt de feodo ad pacem et fidem domini nostri Regis de terris de
Grantuly cum pertinenciis, iacentibus infra dictum vicecomitatum : Et quod
dictus Alexander est legitimus et propinquior heres eiusdem quondam Thome
patris sui de dictis terris cum pertinenciis ; Et quod est legitime etatis : Et
quod dicte terre cum pertinenciis nunc valent per annum quadraginta libris
et tantum valuerunt tempore pacis : Et quod tementur in capite de Domino
nostro rege per seruicium Warde et reliuij, faciendo inde annuatim communem
sectam in curiis de Appindul: Et quod sunt in manibus domini nostri Regis
legitime per seipsum, ob mortem dicti Thome, patris sui, per spacium novem
annorum vel eo circa, in defectu veri heredis minime prosequentis ius suum.
In cuius rei testimonium sigilla quorundam qui dicte inquisicioni intererant
faciende apponuntur et clause sub sigillo dicti deputati, hoc breui incluso, loco,
die, mense, et anno supradictis.
13. RETOUR of the Service of ALEXANDER STEWART, as heir to his father,
THOMAS STEWART, in the lands of Banchry. 2d Jume 1462.
HEC Inquisicio facta fuit apud Clakmannam, coram Johanne Menteith,
deputato dicti vicecomitatus, secundo die mensis Junij, anno Domini mil-
lesimo cccc° sexagesimo secundo, per hos subscriptos, ad hoc magno sacra-
mento juratos et oneratos, videlicet, Johannem Breis, Alexandrum Seton,
Willelmum Broum, Robertum Breis, Johannem Allerdes, Andream Lewinstoun,
Johannem Erkyl, Dauit Erkyl, Alexandrum Breis, Jacobum Forschifitson,
Johannen Morissoun, Thomam Breis, Villielmum Ynch, Rannaldum Dauitsoun,
et Morisium Adisoum : Quijurati dicunt quod quondam Thomas Stewart, pater
Alexandri Stewart latoris presencium, obiit vltimo vestitus et saisitus vt feodo,
ad pacem et fidem domini nostri regis, de terris de Banchry cum pertinenciis,
C
18 CHARTERS. [1465.
jacentibus infra dictum vicecomitatum : Et quod dictus Alexander est legiti-
mus et propinquior heres eiusdem quondam Thome patris sui de dictis
terris cum pertinencijs: Et quod est legitime etatis: Et quod dicte terre cum
pertinenciis nunc valent per annum Octodecim marcis, et tantum valuerunt
tempore pacis: Et quod tenentur in capite de domino comite de Huntle
et domino de Tulibody, per seruicium warde et reliuij: Et quod sunt in
manibus dicti domini comitis legitime per seipsum, ob mortem dicti Thome,
patris sui, per spacium nouem annorum, vel ea circa, in defectu veri
heredis minime prosequentis ius suum. In cuius rei testimonium sigilla
quorundam qui dicte inquisicioni intererant faciende apponuntur et clause
sub sigillo dicti deputati, hoc breue incluso, loco, die, mense, et anno, Supra-
dictis.
14. CHARTER by JOHN EARL OF ATHOLE to JOHN STEWART of Furthirkill, of
the lands of Eddirdagonat. 24th February 1465.
OMNIBUS hanc cartam visuris vel audituris, Johannes comes Atholie et
dominus de Balvany, salutem in Domino sempiternam : Sciatis nos dedisse,
concessisse, et hac presenti carta nostra confirmasse dilecto consanguineo
nostro Johanni Stewart de Furthirkill, omnes et singulas terras de Eddir-
dagonat cum pertinenciis, iacentes in comitatu nostro Atholie, infra vicecomi-
tatum de Perth : Que quidem terre cum pertinenciis fuerunt dilecti consan-
guinei nostri Siluestri de Rettre de eodem hereditarie, et quas terras cum
pertinenciis idem Siluester, non vi aut metu ductus, nec errore lapsus, sed
mera et spontanea voluntate sua in manus mostras per fustem et baculum
personaliter sursum reddidit, pureque et simpliciter resignauit, ac totum ius
et clameum que in dictis terris cum pertinenciis habuit seu habere potuit, pro
se et heredibus suis, omnino quietumclamauit imperpetuum : Tenendas et
1465.] OHA ETEES. 19
habendas omnes et singulas prenominatas terras de Eddirdagonat cum per-
tinenciis predicto Johanni Stewart, heredibus suis et suis assignatis, de nobis
et successoribus nostris, in feodo et hereditate imperpetuum, per Omnes rectas
metas suas antiquas et diuisas, in boscis, planis, moris, marresiis, Siluis, aquis,
stagnis, pratis, pascuis, et pasturis, molendinis, multuris et eorum sequelis,
aucupacionibus, venacionibus, piscacionibus, fabrinis et brasinis, ac cum curiis
et curiarum exitibus, herizeldis, bludwitis et merchetis mulierum, cum Com-
muni pastura ac libero introitu et exitu, necnon cum omnibus aliis et singulis
libertatibus, commoditatibus et aisiamentis, ac iustis suis pertinenciis quibus-
cunque, tam non nominatis quam nominatis, tam Subtus terra quam Supra
terram, tam prope quam procul, ad predictas terras de Eddirdagonat Cum
pertinenciis spectantibus, Seu iuste spectare valentibus quomodolibet in futu-
rum, adeo libere et quiete, plenarie, integre et honorifice, bene et in pace, in
omnibus et per omnia, sicut dictus Siluester aut aliquis predecessorum Suorum
prenominatas terras de Eddirdagonat cum pertinenciis de nobis aut anteces-
Soribus nostris, ante prefatam resignacionem nobis inde factam, liberius tenuit
seu possedit: Faciendo inde nobis et successoribus nostris ac nostris heredi-
bus dictus Johannes Stewart, heredes sui et Sui assignati, Seruicia debita et
consueta, cum communi secta Curie nostre : Et nos Johannes, comes Supra-
dictus, omnes et singulas dictas terras de Eddirdagonat cum pertinenciis, ac
eciam heredes nostri, et nostri successores, prefato Johanni Stewart, heredibus
suis et suis assignatis, in omnibus et per omnia, ut premissum est, contra
omnes mortales warantizabimus, acquietabimus, et imperpetuum defendemus.
In cuius rei testimonium presenti carte nostre sigillum nostrum apponi pre-
Cepimus; testibus, honorabilibus viris, videlicet, dominis Jacobo de Crechton
de Karnis et Roberto de Abircrumby de eodem, militibus, Wilelmo Blair de
Ardblair, Roberto Gall, Roberto Bonkill, familiaribus nostris, dominis Thoma
de Irland, rectore de Weyme, et Johanne Halden, capellano nostro, notario
20 CHARTERS. [1468.
publico, apud Perth, vicesimo quarto die mensis Februarij, anno Domini
millesimo quadringentesimo Sexagesimo quinto.
15. CHARTER by ALEXANDER EARL OF HUNTLE, to ALEXANDER STEwART of
Granetuly and MATILDA STEWART his spouse, of the lands of Banchry
in the lordship of Tulibody. 26th July 1468.
OMNIBUs hanc cartam visuris vel audituris, Alexander comes de Huntle
et dominus de Badzenoch, salutem in Domino Sempiternam : Noueritis nos
dedisse, concessisse, et hac presenti Carta nostra imperpetuum confirmasse
dilecto consanguineo nostro Alexandro Stewart de Granetuly et Matilde
Stewart, sponse sue, et eorum diucius viuenti, Omnes et singulas terras de
Banchry, cum suis pertinenciis, jacentes in baronia siue dominio de Tulibody
et infra vicecomitatum de Clakmanane, pro suis Seruicijs nobis impensis et
impendendis; quas quidem terras cum pertinencijs predictus Alexander, non
vi aut metu ductus, nec errore lapsus, Sed Sua mera et spontanea voluntate, in
presencia diuerSorum testium subscriptorum, personaliter per fustim et bacu-
lum nobis in manus nostras Sursum reddidit, pureque et simpliciter resignauit,
actotum ius et clameum que in eisdem habuit vel habere potuit, prose et
heredibus Suis quibuscumque, quitumclamauit imperpetuum : Tenendas et
habendas omnes et singulas predictas terras, cum pertinencijs, predictis Alex-
andro et Matilde sponse Sue, et eorum diucius viuenti, ac heredibus suis inter
ipsos legittime procreatis seu procreandis, de nobis et heredibus nostris, in
feodo et hereditate imperpetuum, per Omnes rectas metas suas antiquas et
diuisas, prout jacent in longitudine et latitudine, in boscis, planis, montibus,
moris, marresijs, vijs, semitis, aquis, stagnis, riululis, pratis, pascuis et pasturis,
aucupacionibus, venacionibus piscacionibus, molendinis, multuris et eorum
sequelis, petarijs, turbarijs, carbonarijs, fabrilibus, brasinis, genestis, domibus
1468.] CHARTERS. 21
et edificijs, lapicidijs, lapide et calce, cum curijs et curiarum exitibus, eschaetis
merchetis mulierum, herieldis et bludwetis, cum libero introitu et exitu, ac
cum communi pastura, ac cum omnibus alijs et singulis libertatibus, com-
moditatibus, aisiamentis ac iustis suis pertinencijs quibuscumque, ad predic -
tas terras cum pertinencijs spectantibus, Seu iuste spectare valentibus quomo-
dolibet in futurum, tam non nominatis quam nominatis, tam subtus terra quam
supra terram, tam procul quam prope, et adeo libere, quiete, plenarie, integre,
honorifice, bene et in pace, in Omnibus et per omnia, absolue aliquo retinemento
vel reuocatione, sicut predictus Alexander aut predecessores sui predictas
terras cum pertinencijs ante istam resignationem tenuit seu possedit, tenu-
erunt seu possederunt : Reddendo inde annuatim dicti Alexander et Matilda
sponsa sua, ac eorum diucius viuens, et heredes sui inter ipsos legittime pro-
creati seu procreamdi, nobis et heredibus nostris Seruicium debitum et con–
suetum tantum, pro Omni alio onere, Seruicio Seculari, exactione Seu demanda :
Et nos dictus comes et heredes nostri omnes et singulas predictas terras cum
pertinencijs prenominatis Alexandro et Matilde sponse Sue, et eorum diucius
viuenti, et heredibus suis inter ipsos legittime procreatis seu procreandis, in
omnibus et per omnia, Vt premissum est, contra omnes mortales warrantiza-
bimus, acquietabimus et imperpetuum defendemus. In cuius rei testimonium
presenti carte nostre sigillum nostrum apponi fecimus, apud Badzenoch, vice-
simo Sexto die mensis Julij anno Domini millesimo quadringentesimo Sexa-
gesimo Octauo ; testibus, Waltero Stewart de Strathoyn, Duncano Grant de
eodem, militibus, Johanne Stewart de Forthirgil, Thoma Dauid de Forbes,
Negello Stewart, Laichlano Mackyntoich, Roberto Mackymnare, et Roberto
Menzeis, cum multis alijs.
2
2
CHARTEÄ?S. [1470.
16. RESIGNATION by ALEXANDER STEWART of the lands of Garntuly, Kiltuly,
Aberschaldy and Carnbow, in the hands of the King. 4th July 1470.
EXCELLENTISSIMO principi supremoque domino nostro domino Jacobo Tertio
Scotorum Regi illustrissimo suus humilis ligius subditus et seruitor, Alex-
amder Stewart de Garntuly, seipsum cum omni subiectione et famulatu :
Ad resignandum et in manibus vestre regie maiestatis, pro me et heredibus
meis, sursum reddendum et quittumclamandum omnes et singulas terras meas
de Garntuly, Kiltuly, Aberschaldy et Carnbow, cum pertinenciis, iacentes
infra vicecomitatum de Perth, prouidos viros magistrum Dauid de Guthre de
eodem, Alexandrum Wardroppar, et Alexandrum Stewart, ac eorum quemlibet
coniunctim et diuisim, meos veros, legittimos et indubitatos procuratores,
actores, factores ac muncios speciales facio, constituo et ordino, cum licencia
curatoris mei et cum consensu eiusdem, tenore presentium literarum : Ratum
et gratum habens et habiturus pro me et heredibus meis irreuocabiliter
pro perpetuo, totum et quicquid dicti mei procuratores aut eorum aliquis
coniunctim vel diuisim, nomine meo, in premissis duxerint, seu duxerit faci-
endum : Quas eciam terras predictas cum pertinenciis ego dictus Alexander
Stewart, non vi aut metu ductus, nec errore lapsus, sed mea pura et spontanea
voluntate, in manus vestre celsitudinis, cum consensu et assensu dicti mei
curatoris, sursum reddo ac pure et simpliciter resigno pro perpetuo per pre-
sentes : Itaque facta dicta resignacione vobis liceat de dictis terris disponere
ad vestre libitum voluntatis. In cuius rei testimonium sigillum meum pre-
sentibus est appensum, apud Garuntuly, quarto die mensis Julij, ammo
Domini millesimo quadringentesimo septuagesimo.
1470.] CHARTERS. 23
17. NOTARIAL COPY, made on 9th July 1494, of a CHARTER, by KING JAMEs
III. to JOHN STEWART of the lands of Kyltuly, Aberschaldy, Garne-
tuly, and Carnbow, dated 5th July 1470.
IN Dei Nomine Amen : Per hoc presens publicum instrumentum cunctis
pateat euidenter et sit notum, quod ab anno incarnacionis Dominice mil-
lesimo quadringentesimo nonagesimo quarto, mensis Julij die uero nona,
indictione duodecima, pontificatus Sanctissimi in Christo patris et domini,
domini Alexandri diuina prouidentia pape sexti anno secundo, in testium
Subscriptorum et mei notarii publici presencia, personaliter constitutus dis-
Cretus vir, Alexander Stwart, frater germanus Thome Stwart domini de
Garntuly, quandam cartam terrarum de Kyltuly, Aberschaldy, Garntuly et
Carnbow, Supremi domini nostri Regis sub suo magno sigillo sigillatam, mon
rasam, non cancellatam, nec in aliqua Sue parte suspectam, sed omni prorsus
vicio et suspicione carentem, michi notario publico infrascripto tradidit per-
legendam, copiandam et in publicam instrumenti formam redigendam: cuius
quidem carte tenor Sequitur et est talis : Jacobus Dei gratia Rex Scotorum,
omnibus probis hominibus tocius terre sue, clericis et laicis, salutem : Sciatis
nos dedisse, concessisse, et hac presenti carta nostra confirmasse dilecto nostro
Johanni Stwart, filio et heredi apparenti dilecti nostri Alexandri Stwart de
Garntuly, totas et integras terras de Kyltuly, Aberschaldy et Garnetuly,
cum pertinenciis, jacentes infra vicecomitatum nostrum de Perth, ac terras
de Carnebow cum pertinenciis, jacentes in comitatu de Stratherne infra
dictum vicecomitatum de Perth : Quequidem terre de Kyltuly et Aberschaldy
cum pertinenciis fuerunt dicti Alexandri Stwart et Matilde sponse Sue in
coniuncta infeodacione, et dicte terre de Garnetuly et Carnbow cum perti-
menciis, fuerunt dicti Alexandri hereditarie, et quas omnes terras predictas
24 CHARTERS. [1470.
dicti Alexander et Matilda sponsa sua, non vi aut metu ducti, nec errore
lapsi, Sed suis meris et spontaneis voluntatibus, in manus nostras apud Perth,
per fustem et baculum ac Suos procuratores ad hoc legittime constitutos, cum
consensu curatoris dicti Alexandri, coram subscriptis testibus Sursum reddi-
derunt, pureque simpliciter resignarunt, ac totum ius et clameum que in
dictis terris cum pertinenciis habuerunt, seu habere potuerunt pro se et here-
dibus suis omnino quittumclamarunt imperpetuum : Tenendas et habendas
totas et integras terras predictas cum pertinenciis dicto Johanni Stwart et
heredibus suis de nobis, heredibus et successoribus nostris, in feodo et here-
ditate imperpetuum, per omnes rectas metas Suas antiquas et diuisas, prout
jacent in longitudine et latitudine, in boscis, planis, moris, maresiis, viis,
Semitis, aquis, stagnis, riuolis, pratis, pascuis et pasturis, molendinis, mul-
turis et eorum sequelis, aucupacionibus, venacionibus, piscacionibus, petariis,
turbariis, carbonariis, lapicidiis, lapide et calce, fabrilibus, bracinis, brueriis,
et genestis, cum curiis et earum exitibus, herezeldis, bludewitis et marchetis
mulierum, cum tenentibus, tenandiis, et libere tenencium Seruiciis, ac cum
omnibus aliis et singulis libertatibus, commoditatibus et asiamentis ac iustis
pertinenciis quibuscumque, tam non nominatis quam nominatis, ad dictas
terras cum pertinenciis spectantibus, seu quouismodo iuste spectare valenti-
bus in futurum, et adeo libere, quiete, plenarie, integre, honorifice, bene et
in pace, in Omnibus et per omnia, sicut dicti Alexander et Matilda, uel pre-
dicessores Sui, prenominatas terras seu aliquam partem earundem de nobis
aut predicessoribus nostris, ante dictam resignacionem nobis inde factam,
liberius tenuerunt Seu possederunt : Faciendo inde annuatim dictus Johannes
et heredes Sui nobis, heredibus et successoribus nostris, jura et Seruicia de
dictis terris debita et consueta ; reseruato libero tenemento dictarum ter-
rarum de Kyltuly et Aberschaldy, cum pertinenciis, dictis Alexandro et
Matilde, sponse Sue, et eorum alteri diucius viuenti, pro toto tempore vite
1470.] CHARTERS. 2
5
eorundem, et reseruato libero tenemento dictarum terrarum de Garntuly et
Carnbow, cum pertinenciis, dicto Alexandro pro toto tempore vite sue, ac
racionabili parte tercia earundem terrarum de Garntuly et Carnbow dicte
Matilde pro toto tempore vite Sue, cum contigerit. In cuius rei testimonium
presenti carte nostre magnum Sigillum nostrum apponi precepimus ; testibus,
reverendis in Cristo patribus, Thoma episcopo Aberdonensi, nostri secreti
sigilli custode, Willelmo episcopo Orchadiensi, dilectis consanguineis nostris,
Andrea domino Awandale, cancellario mostro, Johanne comite Atholie, Jacobo
comite Buchanie, auunculis nostris, Colino comite de Ergile, domino Lorne,
magistro hospicij nostri, Villelmo Knowys, preceptore de Torfichin, thesaurario
nostro, Johanne de Cwlquhoune de eodem, militibus, magistris Dauid de
Guthrie de eodem, nostrorum compotorum rotulatore, et Archibaldo de
Quhitelaw, Archidiacono Laudonie, secretario nostro; apud Perth, quinto die
mensis Julij, anno Domini millesimo quadringentesimo Septuagesimo, et
regni nostri decimo : Super quibus omnibus et singulis prefatus Alexander
Stwart a me notario publico subscripto Sibi fieri peciit hoc presens publicum
instrumentum siue publica instrumenta. Acta erant hec in ecclesia cathe-
drali Dunkeldensi, hora quasi nona ante meridiem uel eo circa, sub anno, die,
mense, indiccione et pontificatu quibus supra; presentibus ibidem, discretis
viris magistris et dominis, Johanne Boncle, Stephano Zoung, Finlaio SymsOne,
notariis publicis, et Johanne Toche, cum diversis aliis testibus ad premissa
vocatis specialiter et rogatis. (Sic subscribitur.)
Et ego, Thomas Kyer, clericus Dunkeldensis diocesis, auctoritate imperiali
notarius [etc., in forma communi.]
26 CHARTERS. [1470.
18. PRECEPT by KING JAMES III. for infefting JOHN STEwART, Son of Alex-
ander Stewart, in the lands of Kiltuly, Aberschaldy, Garntuly and
Carnbow. 5th July [1470.]
JACOBUs Dei gratia Rex Scotorum, dilectis nostris Roberto de Abercrumby
de eodem, militi, Duncano de Cardny de eodem, et Roberto Menzeis de
Cumre, ac eorum cuilibet, coniunctim et diuisim vicecomitibus nostris de
Perth ac Senescallis de Stratherne in hac parte specialiter constitutis, Salu-
tem : Quia dedimus et concessimus hereditarie dilecto nostro Johanni Stewart,
filio et heredi apparenti dilecti nostri Alexandri Stewart de Garntuly, totas
et integras terras de Kiltuly, Aberschaldy et Garntuly, cum pertinenciis,
jacentes infra vicecomitatum nostrum de Perth, et terras de Carnbow, cum
pertinenciis, jacentes in comitatu de Stratherne, infra dictum vicecomitatum,
quequidem terre de Kiltuly et Aberschaldy, cum pertinenciis, fuerunt dicti
Alexandri et Matilde sponse sue in coniuncta infeodacione, et dicte terre
de Garntuly et Carnbow, cum pertinenciis, fuerunt dicti Alexandri heredi-
tarie, et quas omnes predictas terras cum pertinenciis dicti Alexandri et
Matilda, non vi aut metu ducti, nec errore lapsi, Sed suis meris et spon.
taneis voluntatibus in manus nostras per fustem et baculum et Suos legittimos
procuratores sursum reddiderunt, pureque simpliciter resignarunt, prout in
carta nostra dicto Johanni inde confecta plenius continetur; vobis precipimus
et mandamus quatenus dicto Johanni, vel Suo certo actornato, latori presen-
cium, Sasinam dictarum terrarum cum pertinenciis, Secundum tenorem dicte
carte nostre quam inde habet, juste habere faciatis, et sine dilacione, et hoc
nullo modo omittatis : ad quod faciendum, Vobis et vestrum cuilibet con-
iunctim et diuisim nostram committimus potestatem. Datum sub testimonio
magni sigilli nostri, apud Perth, quinto die mensis Julij, anno regni nostri
decimo.
1480.] CHA RTERS.
*9
7
19. CHARTER by KING JAMES III., tO ALEXANDER ABERCROMBY, of the baromy
of Murthlie and lands of Abercromby. 20th February 1480.
JACOBUs Dei gratia Rex Scotorum, omnibus probis hominibus totius terre
sue, clericis et laicis, salutem : Sciatis nos dedisse, concessisse, et hac presenti
carta nostra confirmasse dilecto nostro Alexandro Abercromby, legittimo
filio carnali Roberti Abercromby de eodem, militis, totas et integras terras
baronie de Murthlie cum pertinentijs, jacentes infra vicecomitatum nostrum
de Perthe, ac totas et integras terras de Abercromby cum pertinentijs, jacentes
infra vicecomitatum nostrum de Fyfe, quequidem terre barronie de Murthlie
et terre de Abercromby cum, pertinentijs fuerunt dicti Roberti Abercromby,
militis, hereditarie, et quas idem Robertus, non vi aut metu ductus, nec errore
lapsus, sed sua mera et spontanea voluntate in manus nostras, apud Edinburgh,
per fustem et baculum et suos procuratores ad hoc legittime constitutos sur-
sum reddidit pureque simpliciter resignauit, ac totum jus et clameum que in
dictis terris cum pertinentijs habuit sue habere potuit pro se et heredibus suis
omnino quieteclamauit imperpetuum : Tenendas et habendas totas et integras
predictas terras baronie de Murthlie et totas et integras terras de Abercromby
cum pertinentijs dicto Alexandro et heredibus suis, de nobis et successoribus
nostris, in feodo et hereditate imperpetuum, per omnes rectas metas suas am-
tiquas et diuisas, prout jacent in longitudine et latitudine, in boscis,
cum curiis et earum exitibus, herezeldis, bluduetis, et marchetis mulierum,
eum tenentibus, tenandriis et libere tenentium seruitiis, ac cum omnibus aliis
et singulis libertatibus, commoditatibus et asiamentis, et justis suis pertinen-
tijs quibuscunque, tam non nominatis quam nominatis, ad dictam baroniam et
terras spectantibus, seu juste spectare valentibus quomodolibet in futurum, et
adeo libere, quiete, . . . sicut dictus Robertus aut predicessores sui
predictam baroniam et terras cum pertinentijs de nobis et predicessoribus
28 CHARTERS. [1480.
nostris ante dictam resignationem nobis inde factam liberius tenuit seu pos-
sidit tenuerunt seu possiderunt : Faciendo inde annuatim dictus Alexander
et heredes sui nobis, heredibus et successoribus nostris, jura et seruitia de
dictis baronia et terris cum pertinentijs ante prefatam resignationem debita et
consueta ; reseruato tamen libero tenemento de dictis totis et integris terris
dicte baronie de Murthlie, et de totis et integris predictis terris de Abercromby,
cum pertinentijs, cum curijs et earum exitibus, dicto Roberto prototo tempore
vite sue, et rationabili tertia parte dicte baronie et terrarum de Murthlie et
Abercromby cum pertinentiis sponse Sue, cum contigerit. In cuius rei testi-
monium presenti carte nostre magnum sigillum nostrum apponi precipimus;
testibus, reuerendissimo in Christo patre Willielmo Archiepiscopo Sanctiandree,
ac reuerendis in Christo patribus, Joanne episcopo Glasguensi, Willielmo
episcopo Moraviensi, nostri Secreti sigilli custode, dilectis consanguineis nostris,
Andrea domino Avendale, cancellario nostro, Colino comite de Ergyle, domino
Campbell et Lorne, magistro hospitij nostri, Dauid comite de Craufurd, domino
Lindsay, Joanne domino Carleill, magistris Archbaldo Quhytlaw, archidecano
Laudonie, Secretario nostro, et Alexandro Inglis, decano Dunkeldensi, clerico
nostrorum rotulorum et registri, apud Edinburgh, vicesimo septimo die men-
sis Februarii, anno Domini millesimo quadringentesimo octuagesimo, et regni
nostri vicesimo primo.
Hec est vera copia principalis Carte Suprascripte, copiata et collationata per
me, magistrum Joannem Hay de Eister Kennet, scribam consilij, de mandato
dominorum eiusdem, ac virtute eorum decretilatj decimo die mensis Julij, anno
Domini J" Vjº decimo Septimo, cum principali in omnibus concordans, nil ad-
dito vel remoto quod Substantiam mutaret, aut sententiam variaret, testantibus
his meis signo et subscriptione manualibus.
J. HAY.
1481.] CHA H?TERS. 29
20. SASINE in favour of ALEXANDER ABIRCRUMBY of the Barony of Murthly.
30th April 1481.
IN Dei nomine, Amen. Per hoc presens publicum instrumentum cunctis
pateat euidenter quod anno Dominice Incarnationis millesimo quadringen-
tesimo octogesimo primo, die vero mensis Aprilis vltimo, indictione decima
quarta, pontificatus sanctissimi in Christo patris et domini nostri, domimi
Sexti diuina prouidentia pape quarti anno decimo, im reuerendi in Christo
patris et domini, domini Jacobi Dei et apostolice sedis gratia episcopi Dun-
keldensis, nostrorumque notariorum publicorum et testium subscriptorum pre-
sentia, honorabilis vir, dominus Robertus de Abircrumby de eodem, miles,
ac vicecomes de Perth, personaliter accessit ad capitale messuagium terrarum
baronie de Murthly jacentium infra vicecomitatum de Perth, et ibidem quod-
dam preceptum saisine siue breue de capella regia, directum vicecomiti de
Perth et balliuis suis, perlegi fecit et publicari : cujusquidem precepti siue
breuis tenor sequitur, et est talis : JACOBUS Dei gratia, Rex Scotorum, vice-
comiti et balliuis suis de Perth, salutem : Quia dedimus et Concessimus
hereditarie dilecto mostro Alexandro Abircrumby, legittimo filio carnali
Poberti Abircrumby de eodem, militis, totas et integras terras baronie de
Murthly cum pertinenciis, jacentes infra balliam vestram, quequidem terre
cum pertinenciis fuerunt dicti Roberti hereditarie, et quas idem Robertus,
non vi aut metu ductus, nec errore lapsus, sed sua mera et spontanea volun-
tate, in manus nostras, apud Edinburgh, per fustem et baculum et suos pro-
curatores ad hoc legitime constitutos sursum reddidit pureque simpliciter
resignauit, prout in carta nostra dicto Alexandro inde confecta plenius conti-
metur; Vobis precipimus et mandamus quatenus dicto Alexandro, vel suo certo
actornato latori presentium, saisinam dictarum terrarum baronie cum perti-
30 CHA RTERS. [1481.
mentiis iuste haberi faciatis, et sine dilatione, secundum tenorem dicte carte
nostre quam inde habet, et hoc nullo modo Omittatis ; teste meipso, apud
Edinburgh, quinto die mensis Marcij, anno regni nostri vicesimo primo.
QUOQUIDEM precepto saisine perlecto, et in vulgari exposito, dictus dominus
Robertus de Abircrumby, saisinam, statum, et possessionem hereditariam dicte
l)aronie de Murthly et terrarum eiusdem cum pertinentiis Alexandro de
Abercrumby, legitimo filio suo carnali, per exhibitionem terre et lapidis fundi
eiusdem dedit, transtulit, et secundum tenorem carte domini nostri Regis sibi
desuper inde confecte, vt moris est, vtique deliberauit, et in signum hujus-
modi saisine dictum Alexandrum in domum principalem dicti messuagij, Ostio
super eum clauso, imposuit, maribus et feminis prius de eadem penitus ex-
clusis : De et super quibus omnibus et singulis prefatus Alexander Abir-
crumby a nobis notarijs publicis subscriptis sibi fieri petiit vnum vel plura
publicum seu publica instrumentum seu instrumenta. Acta fuerunt hec in
ostio australi aule de Murthly, hora quasi prima post merediem vel eo circa,
sub anno, die, mense, indictione et pontificatu predictis ; presentibus ibidem,
nobilibus, honorabilibus, providis et discretis viris, videlicet, Roberto Logame
de Restalryg, Alexandro Robertj de Strowane, Magistro Waltero Drummound,
Johanne de Levyngtone, Willelmo Logane, Domaldo Johannis de Lud, Johanne
Ross de Ouchtergavim, Magistro Dauid Abircrumby, Waltero Yrland, Johanne
Wellis, Johanne Abircrumby, Andrea Oliphant, Thoma Towris, et Andrea
Ross, cum multis alijs testibus ad premissa vocatis specialiter et rogatis.
Et ego Thomas Huntar, presbyter Glasguensis diocesis, publicus imperiali
et regali auctoritatibus notarius: quia [etc., în forma communi.]
Et ego Dauid Coldem, clericus Sancti Andree diocesis, publicus imperiali
et regali auctoritatibus notarius: quia [etc., în forma communi.]
1488.] - CHARTERS. 3]
21. LEGITIMATION by KING JAMES IV. of JAMES STEWART, natural som of
James Earl of Bucham. 20th February 1488.*
JACOBUs Dei gracia Rex Scotorum, omnibus probis hominibus suis ad quos
presentes litere peruenerint, salutem : Sciatis quod, ex nostris gracia et
fauore specialibus, dedimus et concessimus, ac tenore presencium, pro nobis,
heredibus et successoribus nostris, damus et concedimus liberam facultatem,
plenariam potestatem, et licenciam specialem dilecto nostro Jacobo Stewart,
filio naturali dilecti consanguinei nostri Jacobi comitis Buchamie, vt ipse
libere disponere valeat ad sue libitum voluntatis, in toto tempore vite sue,
siue fuerit eger, siue sanus, siue in tempore mortis sue, de omnibus et singulis
terris suis, tenementis, annuis redditibus, et possessionibus, ac de omnibus
bonis suis, mobilibus et immobilibus quibuscumque, quesitis seu querendis
cuicumque persone vel quibuscumque personis, prout sibi melius videbitur
expediens, conueniens et oportunum, non obstante bastardia sua in qua genitus
est, et preuilegio juris nobis super eschaetis bastardorum concesso ; ac eciam
dictum Jacobum Stewart ad omnimodos actus legittimos, actiones et libertates,
in judicio et extra judicium, exercendum, dignitatibus, honoribus, officiis,
preuilegiis et libertatibus gaudendum, in omnibus et per omnia, sicut de legit.
timo thoro esset procreatus, legittimum fecimus, et de plenitudine nostre regie
maiestatis legittimamus per presentes, sine quouis obstaculo, impedimento,
clameo vel contradictione seu reuocamento per nos, heredes nostros seu suc-
cessores, dicto Jacobo aut persone seu personis cui vel quibus ipsum de dictis
suis terris, tenementis, annuis redditibus, possessionibus, officiis aut bonis
disponere contigerit, quouismodo inde faciendo in futurum : Strictius inhi-
* From the Original Legitimation at Traquair House.
32 - C HA RTERS. [1488.
bentes me quis in contrarium dictarum nostrarum concessionis et legittima-
cionis aliqualiter deuenire presumat, sub omni pena quam erga nostram
regiam incurrere poterit maiestatem. Datum sub magno sigillo mostro, apud
Edinburgh, vicesimo die mensis Februarii, anno Domini millesimo quadringen-
tesimo Octuagesimo octauo, et regni nostri primo.
22. SASINE in favour of THOMAS STEUART of Garntuly, of the lamds of
Bankory. 13th March 1488.
IN Dei nomine, Amen. Per hoc presens publicum instrumentum cunctis
pateat euidenter quod anno ab Incarnatione Domini millesimo quadringen-
tesimo octuagesimo octauo, die vero mensis Marcij decimo tercio, indictione
septima, pontificatus sanctissimi in Christo patris et domini nostri domini
Immoeencij, diuina prouidencia pape octaui ammo quinto, in meique notarij
publici et testium subscriptorum presencia, personaliter constitutus, prouidus
vir, Thomas Steuart de Garntuly, accessit ad terras de Bankory, jacentes infra
vicecomitatum de Clakmanane, et inibi presentauit mobili viro, Alexandro
Seytoii, domino superiori earumdem terrarrum, quoddam breue sasime capelle
domini nostri Regis sibi dicto Alexandro directum, cuius quidem tenor
sequitur, et est talis: JACOBUS Dei gracia Rex Scotorum, dilecto mostro Alex-
andro Cettoum de Tulibody et balliuis suis, salutem : Quia per inquisicionem
de mandato nostro, per vicecomitem nostrum de Clakmanam factam, et ad
capellam nostram retornatam, compertum est quod quondam Alexander
Steuart, pater Thome Steuart, latoris presentium, obiit vltimo vestitus et
sasitus ut de feodo ad pacem et fidem nostram de totis et integris terris de
Bankory, cum pertinencijs, jacentibus in baronia de Tulibody, infra vicecomi-
tatum nostrum predictum, et quod dictus Thomas est legittimus et propinquior
1488.] CHARTERS. 33
heres eiusdem quondam Alexandri, patris Sui, de dictis terris cum pertinencijs,
et quod est legittime etatis, et quod de te Alexandro Cetton de Tulibody
tenentur in capite, vobis precipimus et mandamus quatemus, cum dictus
Thomas tibi fecerit pro dictis terris quod de jure facere tenetur, Sibi vel suo
certo attornato, latori presentium, sasinam dictarum terrarum cum pertinencijs
juste habere faciatis, et sine dilacione, saluo jure cuiuslibet, et hoc nullo modo
omittatis; teste meipso, apud Edinburgh, vicesimo Sexto die mensis Januarij,
anno regni nostri primo : Et post visum et lecturam prescripti breuis, Alex-
ander Cetton de Tulibody, dominus superior terrarum de Bankory, tenens
predictum breue in manu sua, accessit ad domum habitacionis Duncani Wrycht
in eadem villa, et tradidit statum et sasinam hereditariam Omnium et singu-
larum terrarum de Bankory cum suis pertinencijs predicto Thome Steuart
per dacionem terre et lapidis, ut est modus patrie, Secundum formam et
tenorem carte dicti Thome Steuart: Super quibus omnibus et singulis pre-
missis idem Thomas Steuart peciit a me vnum instrumentum siue plura
instrumenta, cum copiacione predicti breuis, cum mencione cuiusdam bouis
Sasine nigri coloris albe cornuti appreciati pro summa triginta duorum soli-
dorum. Acta erant hec in dicta villa de Bankory, hora decima ante meridiem
vel eocirca, Sub anno, die, mense, indictione et pontificatu, quibus Supra;
presentibus ibidem testibus, dominis Duthaco, Johanne Morison, Capellanis,
Vilelmo Balfour, Alexandro Robertson, Duncano Vrycht, Vilelmo Byssat,
Hugone Henrison, Jacobo Sponse, Henrico Thomson, Thoma Jameson, Jacobo
Annand et Johanne Wilson, cum multis alijs testibus, ad premissa vocatis
specialiter et rogatis.
Et ego Johannes Adamson, presbyter Dunblanensis diocesis, publicus
imperialique regali autoritatibus notarius, premissis [etc., in forma communi.]
34 CHARTERS. [1494.
23. CHARTER by King JAMES IV. to THOMAS STEWART of Garntulith, and
AGNES MURRAy, his spouse, of the lands of Garntulith, 2d July 1494.
JACOBUs Dei gracia Rex Scotorum, omnibus probis hominibus tocius terre
sue, clericis et laicis, salutem : Sciatis nos dedisse, concessisse, et hac pre-
senti carta nostra confirmasse dilecto nostro Thome Stewart de Garntulith
et Agneti Murray eius sponse, et eorum alteri diucius viuenti, in coniuncta
infeodacione, omnes et singulas terras de Garntulith, cum pertinencijs,
iacentes in dominio de Appin, infra vicecomitatum nostrum de Perth,
quequidem terre cum pertinencijs fuerunt dicti Thome hereditarie, et quas
idem Thomas, non vi aut metu ductus, nec errore lapsus, Sed Sua mera et
spontanea voluntate, in manus nostras, apud Glenfinglas, per fustem et
baculum et suos procuratores ad hoc legittime constitutos, Sursum reddidit,
pureque et simpliciter resignauit, ac totum ius et clameum que in dictis terris
cum pertinenciis habuit seu habere potuit, pro se et heredibus suis, Omnino
quittumclamauit imperpetuum : Tenendas et habendas Omnes et singulas
predictas terras de Garntulith, cum pertinencijs, predictis Thome et Agneti
eius sponse, et eorum alteri diucius viuenti, in coniuncta infeodacione, et
heredibus inter ipsos legittime procreatis Seu procreandis, quibus forte defi-
cientibus, legittimis et propinquioribus heredibus dicti Thome quibuscumque,
de nobis et successoribus nostris, in feodo et hereditate imperpetuum, per
omnes rectas metas Suas antiquas et diuisas, prout iacent in longitudine et
latitudine, in boscis, planis, moris, marresiis, viis, semitis, aquis, stagnis,
riuolis, pratis, pascuis et pasturis, molendinis, multuris et eorum sequelis,
aucupacionibus, venacionibus, piscacionibus, petariis, turbariis, carbonariis,
lapicidiis, lapide et calce, fabrilibus, brasinis, brueriis et genestis, cum curiis
et earum exitibus, herezeldis, bludewitis et marchetis mulierum, ac cum omni-
1494.] CHARTERS. 35
bus aliis et singulis libertatibus, commoditatibus et asiamentis, ac iustis suis
pertinenciis quibuscumque, tam non nominatis quam nominatis, tam subtus
terra quam supra terram, procul et prope ad dictas terras cum pertinencijs
spectantibus, seu iuste spectare valentibus quomodolibet in futurum, adeo
libere, quiete, plenarie, integre, honorifice, bene et in pace, in omnibus, et per
omnia, sicut dictus Thomas aut predecessores Sui, predictas terras cum per-
tinencijs, de nobis aut predecessoribus nostris, ante presentem resignacionem
nobis inde factam, liberius tenuit seu possedit, tenuerunt seu possederunt :
Faciendo inde annuatim dicti Thomas et Agnes eius sponsa, et eorum alter
diucius viuens, et heredes inter ipsos legittimi procreati Seu procreandi,
quibus forte deficientibus, legittimi et propinquiores heredes dicti Thome
quicumque, nobis et successoribus nostris, iura et Seruicia de dictis terris de
Garntulith cum pertinenciis ante predictam resignationem nobis debita et
consueta. In cuius rei testimonium presenti carte nostre magnum sigil-
lum nostrum apponi precepimus; testibus, reuerendissimo in Christo patre,
Roberto archiepiscopo Glasguensi, dilectis consanguineis nostris, Archibaldo
comite Angusie, domino Douglas, Patricio comite de Bothuile, domino Halis,
Alexandro domino Hume, magno camerario nostro, Roberto domino Lile,
Johanne domino Glammis, justiciariis nostris, Andrea domino Gray, magistro
hospicii nostri, venerabilibus in Christo patribus, Georgio abbate de Dunferm-
ling, Georgeo abbate de Pasleto, thesaurario nostro, et dilectis clericis nostris,
magistris Ricardo Murehede, decano Glasguensi, secretario nostro, et Johanne
Fresale, decano de Lestalrig, nostrorum rotulorum et registriac consilij clerico;
apud Edinburgh, secundo die mensis Julij, anno Domini millesimo quad-
ringentesimo nonagesimo quarto, et regni nostri Septimo.
36 CHARTERS. [1494.
24. SASINE in favour of THOMAS STEWART of Gramtully and AGNES MURRAY,
his spouse, of the lands of Grantully. 21st July 1494.
IN nomine Domini, Amen. Nouerint vniuersi et singuli presentis publici
instrumenti seriem inspecturi, quod, anno Incarnacionis Dominice millesimo
quadringentesimo nonagesimo quarto, die vero mensis Julij vigesima prima,
eiusdemque diei hora quasi decima ante meridiem, indictione duodecima, pon-
tificatus sanctissimi in Christo patris et domini nostri, domini Alexandri
diuina providencia pape sexti tercio anno, in mei notarii publici et testium
infrascriptorum presencia personaliter constitutus prouidus vir, Michael
Murray, attornatus et eo nomine honorabilis viri, Thome Stewart de Gran-
tully, et Agnetis Murray eius sponse, prout per literam attornati sui michi
notario publico et testibus imfrascriptis luculenter constabat, litteras supremi
domini nostri Regis in pergamino scriptas patentes, more cancellarie regie pen-
dentibus sigillatas, vnam, videlicet, attornatoriam quam michi notario publico
perlegendam et publicandam tradidit, aliam vero, sasine preceptoriam homesto
viro Alexandro Derynoch, vicecomiti de Perth dicti domini nostri Regis,
in hac parte specialiter constituto, ostendit, exhibuit, et presentauit, sanas,
integras, non viciatas, non cancellatas, nec in aliqua sui parte suspectas, sed
omni prorsus vicio, et suspicione, carentes, ac cum reuerencia qua decuit, re-
cepit idem Alexander, vicecomes vt supra, dictam litteram sasine preeep-
toriam, michi notario publico ad perlegendam tradidit ; quarum litterarum
amtedictarum tenores sequuntur de verbo in verbum, et sunt tales : JACOBUs
Dei gratia Rex Scotorum, omnibus probis hominibus suis, ad quos presentes
littere peruenerint, salutém : Sciatis quod suscepimus Willelmum Murray de
Tolibardin, militem, Jacobum Reidhucht, Michaelem Murray, Alexandrum
Balfour, et Andream Wod de Vuerblairtoum, vel eorum aliquos vel aliquem,
1494.] CHARTERS. 37
attornatos vel attornatum dilecti nostri Thome Stewart de Grantully et
Agnetis Murray, eius sponse, in omnibus negociis et loquelis, placitis et
querelis, motis seu mouendis, ipsos Thomam et Agnetem tangentibus, seu
tangere valentibus, quibuscumque diebus et locis, contra quoScunque, et
coram quibuscunque : Quare vobis precipimus et mandamus quatenus
dictum Willelmum, Jacobum, Michaelem, Alexandrum et Andream, vel
eorum aliquos vel aliquem, quos vel quem, presentes vel presentem esse
contigerit, tanquam attornatos vel attornatum predictorum Thome et Agnetis
in premissis recipiatis; presentibus post annum minime valituris: In cuius
rei testimonium has litteras nostras sibi fieri fecimus patentes, apud Edin-
burgh, primo die mensis Julij, anno regni nostri Septimo : JACOBUS Dei gratia
Rex Scotorum, vicecomiti et balliuis suis de Perth, necnon dilectis nostris
Willelmo Murray, Dauid Murray, Alexandro Derynoch, et Thome Belfurd, et
eorum cuilibet, coniunctim et diuisim vicecomitibus nostris de Perth in hac
parte, salutem : quia dedimus et concessimus hereditarie dilectis nostris
Thome Stewart de Grantully et Agneti Murray, eius sponse, et eorum alteri
diucius viuenti in coniuncta infeodacione, omnes et singulas terras de Gran–
tully, cum pertinenciis, jacentes in dominio de Appin, infra vicecomitatum
nostrum de Perth, quequidem terre cum pertinencijs fuerunt dicti Thome
hereditarie, et quas idem Thomas, non vi aut metu ductus, nec errore lapsus,
Sed Sua mera et spontanea voluntate in manus nostras, apud Glenfinglas, per
fustem et baculum et Suos procuratores ad hoc legitime constitutos, Sursum
reddidit, pureque et simpliciter resignauit, prout in carta nostra dictis Thome
et Agneti, eius sponse, desuper confecta plenius continetur : Vobis precipimus
et mandamus quatenus dictis Thome et Agneti eius sponse, vel suis certis
attornatis, latoribus presencium, Sasinam dictarum terrarum cum pertinencijs,
secundum tenorem dicte carte nostre quam de nobis inde habent, juste
haberi faciatis, et sine dilacione; et hoc nullo modo omittatis : Ad quod faci-
3S CHA 1?TEÄ?S. [1494.
endum vobis et vestrum cuilibet, coniunctim et diuisim, in hac parte commit-
timus potestatem : Datum sub testimonio magni sigilli nostri, apud
Edinburgh, secundo die mensis Julij, anno regni nostri septimo. QUIBUS -
QUIDEM litteris prescriptis per me notarium publicum infrascriptum lectis,
publicatis, et in wlgari expositis, prenominatus Alexander Derynoch, tanquam
vicecomes de Perth dicti supremi domini nostri Regis, et eo nomine, ad
ministrationem sui officii in hac parte faciendum, accessit ad principale mes-
suagium terrarum de Grantully, iacentium in dominio de Appin, et infra
vicecomitatum de Perth, ibique per terre et lapidis traditionem premotato
Michaeli, attornato vt supra, statum, sasinam et possessionem hereditariam
omnium et singularum dictarum terrarum de Grantully, cum suis perti-
mencijs, in ostio domus principalis prefati messuagii, publice donauit, exhi-
buit et deliberauit, ipsumque sepedictum Michaelem attornatum dictorum
Thome et Agnetis, eius sponse, in omnium et singularum predictarum ter-
rarum de Gramtully cum pertinencijs, realem, actualem, corporalem et pos-
sessionem hereditariam, mullo reclamante, et iuxta formam et tenorem carte
supremi domini nostri Regis desuper confecte, et mandatum littere precep-
torie antedicte, obseruatisque ceteris circumstancijs et solemnitatibus in
huiusmodi fieri solitis et consuetis, induxit, et inuestiuit. Super quibus
omnibus et singulis premissis prefatus Michael, attornatus et eo nomine quo
supra, a me notario publico sibi fieri pecijt vnum vel plura publicum vel
publica instrumentum seu instrumenta. Acta fuerunt hec apud prescriptum
messuagium, sub anno, die, mense, indictione et pontificatu quibus supra ;
presentibus ibidem J ohanne M°Wayein, Thoma Belfurd, Archibaldo Beg,
Thoma, Domaldsom, Johanne M°Zere, et Domaldo M°Gruer, cum diuersis aliis
testibus ad premissa vocatis specialiterque Togatis.
Et ego Mauricius Johnestoune, presbyter Dunkeldensis diocesis, imperiali
et regali autoritatibus notarius publicus, quia [etc., în forma commwni.]
1494.] CHAJ?TER,S. 39
25. TRANSUMPT, made om 10th December 1528, of—(1.) Nomination of attorneys
for receiving sasine in favour of THOMAS STEWART and AGNES MURRAY
his spouse, of the lands of Garntuly; and (2) the sasine in their favour,
dated 21st July 1494.
VNIUERSIS et singulis sancte matris ecclesie filiis ad quorum noticias
presentes litere peruenerint, Johannes Pebles, vnus balliuorum burgi de
Perth, salutem in omnium Salvatore: Noueritis quod comparente coram nobis
domino Eduardo Gray, procuratore et eo nomine Agnetis Murray relicte quom-
dam Thome Stewart de Garntuly, et judicialiter exhibitis duobus instrumentis
publicis, signis et subscripcionibus notariorum infrascriptorum roboratis, per
nos consideratis, sana, integra, pergamimo scripta, non rasa, non abolita, ad
instanciam dicte Agnetis copiari, exemplari, et in publicam transumpti formam
redigi mandari per notarium publicum subscriptum, curiarum burgi de Perth
scribam et tabellionem, mandauimus et fecimus, decernentes quod presenti
transumpto siue instrumento publico tanta fides in judicio et extra ac vbique
locorum detur et adhibeatur qualis et quanta ipsis instrumentis originalibus
daretur et adhiberetur, si in ipsarum origimalibus formis producerentur :
quibus omnibus et singulis tanquam rite et juridice factis, nostram et dicte
curie interposuimus, prout per presentes interponimus autoritatem pariter et
decretum ; quorumquidem instrumentorum tenor vnius sequitur in hec verba :
In Dei nomine, Amen : Per hoc presens publicum instrumentum cunctis
pateat euidenter et sit notum, quod anno Incarnacionis Dominice millesimo
quadringentesimo nonagesimo quarto, mensis vero Julij die secundo, indictione
duodecima, pontificatus sanctissimi in Christo patris et domini nostri, domini
Alexandri diuina prouidencia pape sexti anno secundo, et regni supremi
domini nostri, domini Jacobi Dei gracia Scotorum Regis Quarti illustrissimi
anno septimo, in prefati supremi domini nostri Regis, meique motarii publici
40 CHARTERS. [1494.
et testium subscriptorum presencia personaliter constitutus nobilis et honora-
bilis vir, domimus Wilelmus Murray de Tulybardin, miles, ac prouidus armiger
Andreas Wod de Overblairtoun, michi notario publico subscripto literas quas-
dam attornatorias patentes eiusdemque supremi domini nostri Regis in per-
gamino scriptas, apud Edinburgh, primo die mensis Julij antedicti, anno
regni sui quo supra, testimonio magni sigilli impressas alba cera pendente
roboratas, tradiderunt perlegendas ; quibus perlectis, legitimo constabat docu-
mento predictos dominum Willelmum et Andream attornatos fuisse recipiendos
pro Thoma Stewart de Garntulyth et Agnete eius sponsa : deinde autem pre-
fatus supremus dominus Rex, omnes et singulas terras de Garntulyth, cum
pertinenciis, jacentes in dominio de Appyn infra vicecomitatum de Perth, dictis
Thome et Agneti eius sponse, et eorum alteri diucius viuenti, in coniuncta
infeodacione, et heredibus suis inter ipsos legitime procreatis seu procreandis,
quibus forte deficientibus, legitimis et propinquioribus heredibus dicti Thome
quibuscumque, secundum vim, formam, tenorem et effectum carte desuper
conficiende, dedit et concessit : quam quidem concessionem et donacionem per
fustem et baculum, ut moris est, dicti dominus Willelmus et Andreas, attor-
nati vt supra, ab ipso supremo domino nostro Rege, flexis eorum genubus,
cum reuerencia debita receperunt : Super quibus omnibus et singulis dictus
dominus Willelmus a me notario publico sibi peciit vnum seu plura publicum
seu publica instrumentum seu instrumenta. Acta erant hec in hospicio
ipsius supremi domini nostri Regis, in Kylmahug, horam circiter septimam
post meridiem, sub anno, die, mense, indictione, pontificatu et regno, quibus
supra ; presentibus ibidem, Jacobo episcopo Dumblamensi, domino Wilelmo
Striueling de Keyr, milite, Archibaldo Edmundstoun de Drumtreth, Jacobo
Edmundstoun et Jacobo Balfour, cum diuersis aliis testibus ad premissa
vocatis pariter et rogatis. Sequuntur subscripciones duorum notariorum
subscribemcium et signancium instrumentum supra scriptum, quorum prima
1494.] CHARTERS. 4]
talis est : Et ego Jacobus Johnesoum, arcium magister, publicus Glas-
guensis diocesis, auctoritatibus apostolica et regali, notarius quia premissis
[etc., in forma communi.] Sequitur subscriptio alterius notarii : Et ego
Andreas Makbrek, presbyter Dunkeldensis diocesis, publicus auctoritatibus
imperiali et regali motarius: quia premissis [etc., ίη forma communi.] Tenor
vero alterius instrumenti sequitur in hec verba : In Dei nomine, Amen [ut
supra, No. 24.] In quorum omnium et singulorum fidem et testimonium
premissorum presentes literas siue publicum instrumentum exinde fieri, et
per notarium publicum subscriptum subscribi et publicari, mandamus, sigil-
lique officii nostri balliuatus jussimus et fecimus appensione communiri :
Datum et actum in pretorio burgi de Perth, nobis pro tribunali sedentibus,
sub anno ab Incarnacione Domini J° V° vigesimo octauo, mensis vero Decem-
bris die decimo, indictione secunda, pontificatus sanctissimi in Christo patris
et domini nostri, domini Clementis diuina prouidencia pape septimi, ammo
sexto ; presentibus ibidem honorabilibus viris, Andrea Bruiche seniore,
Johanne Robertson, Waltero Routhwen, burgensibus dicti [burgi,] Waltero
Fyn, vno seriandorum burgi de Perth, cum multis aliis testibus ad premissa
vocatis specialiter et rogatis.
Et ego Andreas Blinsele, Sanctiandree diocesis publicus sacra apostolica
auctoritate notarius, quia dictis recognicione, transumpto et decreto,
ceterisque premissis [etc., in forma communi.]
26. INSTRUMENT of INTERRUPTION and CASSATION by ALEXANDER STWART,
brother-german of the deceased Thomas Stwart of Garntuly, of the sasime
given to MICHAEL MURRAY of the lands of Garntuly. 22d August 1494.
IN Dei nomine, Amen. Per hoc presens publicum instrumentum cunctis
pateat euidenter et sit notum quod anno Incarnacionis Dominice millesimo
F
42 CHARTERS. [1494.
quadringentesimo nonagesimo quarto, mensis uero Augusti die xxij?, indic-
tione duodecima, pontificatus sanctissimi in Christo patris, ac domini nostri,
domini Alexandri diuina prouidencia pape sexti anno secundo ; in mei notarii
publici et testium subscriptorum, ad hòc vocatorum et rogatorum, presencia
discretus vir Alexander Stwart, frater germanus quondam Thome Stwart,
olim domini de Garntuly, et heres sibi Thome, ut asseruit, personaliter ac-
cessit ad terras de Garntuly cum pertinencijs, jacentes infra Abmathiam
(Abthamiam) de Dwll et vicecomitatum de Pertht, et ibidem possessionem
et sasinam dictarum terrarum, si possessio et sasina dici debeat, si pro non,
per Alexandrum Derenoch, balliuum in hac parte supremi domini nostri
Regis, ut assertum est, cuidam Michaeli Mwrray, actornato predicti quondam
Thome Stwart et Agnetis Mwrray sue sponse, et heredibus inter ipsos legitime
procreatis, in dampnum et preiudicium dicti Alexandri et ipsius hereditatis
alienacionem, ut predictus Alexander asseruit, traditas, fregit et interrupit,
ac per ignis incendium, per tecture domus abstraccionem, publice ac alta et
intelligibili voce adnullauit, protestando quod dicta possessio siue sasima, si
possessio et sasina dici debeat, predictis, ut assertum est, factis sibi Alexandro
nullum generaret preiudicium, nec juri suo habito ad dictas terras de Garn-
tuly cum pertinencijs, nullatenus noceret : De et super quibus omnibus et
singulis ipse Alexander a me notario publico subscripto sibi fieri pecijt, ac
tradi publicum et publica, Vnum et plura, instrumentum et instrumenta.
Acta erant hec super solum et fundum de Garntuly, sub anno, die, mense, im-
dictione et pontificatu quibus supra ; presentibus ibidem, discretis viris Roberto
Stwart, Oswaldo Kneland, Patricio Cor, Laurencio Talzour, Roberto Talzour,
Villelmo M°Tersanych, Alexandro MºNachtam, Gregorio Cristison, et Duncamo
Finlason, cum diuersis aliis testibus ad premissa vocatis pariter et rogatis.
Et ego Finlaius Symsone, clericus Dunkeldensis diocesis, publicus autori-
tate imperiali notarius, quia [etc., in forma communi.]
1494.] CHA I?TERS. 43
27. PROTEST by ALEXANDER STEWART, om the refusal of NEIL STEWART of
Fordergill to grant him a charter of Gartolie. 2d October 1494.
IN Dei nomine, Amen. Per hoc presens publicum instrumentum cunctis
pateat euidenter quod anno Incarnacionis Dominice millesimo quadringen-
tesimo nonagesimo quarto, indictione duodecima, mensis vero Octobris die
secundo, ac pontificatus sanctissimi in Christo patris, et domini nostri, domini
Alexandri diuina prouidencia pape sexti anno secundo, in mei notarii publici
et testium subscriptorum presencia personaliter constitutus prouidus vir, Alex-
ander Stewart, frater germanus quondam Thome Stewart de Gartolie, rogauit,
supplicauit, et humiliter requisiuit honorabilem virum Negellum Stewart de
Eordergil ad dandum sibi Alexandro vnam cartam tallie de terris de Gartolie
ac de aliis terris, prout in huiusmodi carta plenius continetur, vmacum litera
balleuatus eiusdem tanquam propinquiori heredi, vt asseruit, prefato quondam
Thome de dictis terris racione tallie. Ad hoc respondens idem Negellus dixit
quod habuit in mandatis dictam cartam cum litera balleuatus eiusdem
supremo domino nostro Regi deliberare, et hoc facere voluit, vt asseruit.
Hoc dicto, prefatus Alexander protestatus est de remedio iuris quod dicta
detencio sibi ac heredibus suis non constaret in preiudicium temporibus pre-
futuris. Super quibus omnibus et singulis prefatus Alexander a me notario
publico subscripto sibi fieri petiit vnum vel plura publicum seu publica im-
strumentum seu instrumenta. Acta erant hec apud Crucem fori de Pertht,
hora quasi vndecima ante merediem, vel eocirca, sub anno, die, mense, indic-
tione et pontificatu quibus supra ; presentibus ibidem nobili et potenti domino
Johanne comite Adholie, Johanne Stewart, Arthuro Singlare, et Donaldo
Alexander, cum multis aliis testibus ad premissa vocatis specialiter et rogatis.
Et ego Patricius Brison, presbyter Sanctiandree diocesis, publicus auttori-
tatibus imperiali et regali notarius, quia [etc., in forma communi.]
44 CHARTERS. [1494.
28. SASINE in favour of ELIZABETH STEWART of the lands of Garnetully.
12th January 1494.
IN Dei nomine, Amen. Per hoc presens publicum instrumentum cunctis
pateat euidenter quod anno Incarnationis Dominice millesimo quadringen-
tesimo nonagesimo quarto, mensis vero Januarij die duodecima, indictione
terciadecima, ac pontificatus Sanctissimi in Christo patris et domini nostri,
domini Alexandri diuina providencia pape sexti anno tercio, in mei notarii
publici et testium infrascriptorum presencia personaliter constitutus honestus
vir, Thomas Stodherd, unus marorum vicecomitatus de Perth, vigore cuiusdam
precepti, de mandato speciali nobilis et potentis domini, Wilelmi domini
Ruthven ac vicecomitis de Perth, Sibi litteratorie directi, in papiro scripti,
eiusque signeto officij cera rubea impressi, patenter signati et roborati, accessit
ad terras de Garnetully, iacentes in dominio de Appin et infra vicecomitatum
de Perth, et ibidem statum, Sasinam et possessionem hereditariam, omnium et
singularum predictarum terrarum de Garnetully cum suis pertinencijs, vide-
licet, omnium predictarum terrarum in feodo, et quatuor marcatarum antiqui
extentus vnacum principali messuagio de Garnetully in feodo et libero tene-
mento, prouido viro Patricio Scott, attornato Elizabeth Stuart, filie et heredis
quondam Thome Stuart de Garnetully, de speciali et expresso consensu et
assensu Agnetis Murray, domine liberi tenementi de Garnetully ac matris
dicte Elizabeth, per terre et lapidis tradicionem, ac domus inclusionem, vt
moris est, cum omni juris valitudine, juxta tenorem dicti precepti publici, con-
tulit et deliberauit; et sic eundem Patricium, attornatorio nomine quo supra,
in realem, actualem et corporalem, possessionem, feodi omnium predictarum
terrarum de Garnetully, et quatuor marcatarum antiqui extentus vnacum
principali messuagio in feodo et libero tenemento, vt prefertur, et suis pertin-
1507.] CHARTERS. 45
encijs, induxit pariter et inuestiuit, saluo iure cuiuslibet : Super quibus ommi-
bus et singulis premissis memoratus Patricius Scott, attornatorio nomine vt
supra, a me notario publico subscripto sibi fieri pecijt vnum vel plura publi-
cum seu publica instrumentum et instrumenta. Acta erant hec super fundum
predictarum terrarum de Garnetully, et in ostio aule dicti principalis messua-
gii, hora decima ante meridiem, vel eo circa, sub anno, die, mense, indictione
et pontificatu quibus supra ; presentibus ibidem, probis et discretis viris,
Jacobo Balfour, Alexandro Derymach, Thoma Belfurd, Johanne Dow
M'Neische, et Johanne Scott, cum diuersis alijs testibus ad premissa vocatis
specialiterque rogatis.
Et ego Mauricius Johnesoune, presbyter Dunkeldensis diocesis, autoritati-
bus imperiali et regali motarius, quia [etc., ίη forma communi.]
29. LETTERS by CARDINAL LUDOVIC, Penitentiary of Pope Julius II., for dis-
pensing with the impediments to the Marriage betweem Alexander
Stewart and Margaret Murray. 23d June 1507.
VENERABILIBUS in Christo patribus, Dei gracia Dunkeldensi et Dumblam-
ensi episcopis, uel eorum vicarijs in spiritualibus, Ludouicus miseratione diuina
tituli Sancti Marcelli presbyter Cardinalis, salutem et sinceram in Domino
caritatem. Ex parte Alexandri Stewart, laici, et Margarete Murray mulieris,
coniugum vestrarum diocesum, nobis oblata petitio continebat quod ipsi olim
scientes se duplici quarto consanguinitatis et duplici quarto affinitatis gradibus
inuicem fore coniunctos et attimere, sponsalia inter se per uerba de futuro eon-
traxerunt, et deinde sese carnaliter cognouerunt, cum autem in eorum sic com-
tracto presumpto matrimonio remanere non possint, et si diuortium perpetuum
fieret inter eos grauia exinde scandala possent uerisimiliter exoriri, supplicari
fecerunt humiliter ijdem coniuges, eis super hijs per sedem apostolicam de
46 CHIA H?TERS. [15l4.
absolutionis debite beneficio et opportune dispensationis gracia misericorditer
prouideri: Nos igitur cupientes dictorum coniugum animarum prouidere
saluti, et scandalis hujusmodi, quantum cum Deo possumus, obuiare, auctori-
tate domini pape, cuius penitenciarie curam gerimus, et de eius speciali man-
dato super hoc uiue uocis oraculo nobis facto, circumspectioni vestre et cuilibet
vestrum committimus, quatenus, si est ita, ipsis prius ad tempus de quo vobis
uidebitur ab inuicem separatis, eosdem a generali excommunicationis sententia
quam propter hoc incurrerunt, et huiusmodi incestus reatu hac uice absoluatis,
in forma ecclesie consueta, et iniungitis inde eorum cuilibet, pro modo culpe,
penetentia salutari et alijs que de iure fuerint iniungenda, quodque eorum
alteri superuiuens perpetuo remaneat absque spe coniugij; demum cum eisdem
quod, impedimentis consanguinitatis et affinitatis huiusmodi non obstantibus,
possint inter eos matrimonium de mouo libere contrahere, et in eo postquam
contractum fuerit licite remanere misericorditer dispensetis, dummodo dicta
mulier propter hoc ab aliquo rapta non fuerit, prolem susceptam siqua sit, et
suscipiendam exinde legitimam decernentes.
Datum Rome, apud Sanctum Petrum, sub sigillo officij Penetenciarie, viiij
IKalendas Julij, pontificatus domini Julij pape secundi anno quarto.
30. SASINE in favour of ANDREW RETTRAY, as heir of Silvester Rettray, of the
lands of Balnacard. 19th of April 1514.
IN Dei nomine, Amen. Per hoc presens publicum instrumentum cumctis
pateat euidenter et sit notum quod anno Incarnationis Dominice millesimo
quingentesimo decimo quarto, die vero Mercurij mensis Aprilis decimo nono,
indictione secunda, pontificatus sanctissimi in Christo patris et domini nostri,
domini Leonis diuina providentia pape decimi, anno secundo, in mei notarij
publici et testium subscriptorum presencia personaliter constitutus honestus
1514.] CHA RTERS. 47
vir, Thomas Chesome senior, marus vicecomitatus de Perth, quoddam pre-
ceptum in papiro scriptum, signeto officij vicecomitatus de Perth antedicti
roboratum, michi tradidit perlegendum et publicandum ; cuiusquidem pre-
cepti tenor sequitur in vulgari, et est talis : WILLIAM LORD ROTHWEN, Schiref
of Perth, to Thomas Chesome elder and Thomas Chesome Zoungar, coniunctlie
and seueralie, maris of the schirefilome of Perth forsaid, gretyng: ForSamekill
as that is presentit to me a breyf of sesyng of our souerane Lordis chapell,
and to me direckyt, berand in effect that it was fundyn and delyuerit befor me
be ane inquest, and retowryt til our souerane Lordis chapell, that wnquhill
Siluester Rettray of Balnacard, fader til Andro Rettray, deyt last vestit
and sesyt as in fe, at the faith and the pece of the Kyng, of the said landis
of Balmacard with thar pertinents, lyand within the boundis of myn office,
and at the said Andro is narast and lauchfull ayr till the said winquhyle
Siluester, his fader, of the saidis landis with thar pertinents, and of lachfull
eild, and that thai ar haldyn of our souerane Lord the Kyng in the heid,
lyke as at mayr lynth is expressyt in the said breyf: Quharfor I charge
Zow, in Our Souerane Lordis behalf and myn, that Zhe pas incontinent with
the said Andro, and with certane attornais, to the forsaid landis of Balnacard,
with the pertinents, and thar zhe gif hym or thame sesyng and possession of
the Sammyn rychtwysly, but delay, saiffand ilka mannis richt ; takand
Securite for the payment of xxv S. of the Martymes maill of the saidis
landis last bypast, beand in our souerane Lordis handis, in falt of recoueryng
of Sesyng, quhilkis malys extendis Zherlie to fyfty S., and of twa siluer
pennies for the dowbillyng of the blanche ferme of the sammyn aucht til
Our Souerane Lord : and this zhe do winder all payn and charge that efter
may fallow : Wryttin whder the signete of myn office, at Perth, the x day of
Aprile in the zher of God a thowsand fyve hundreth and xiiij Zheris. QUO
precepto sic, vt premittitur, per me notarium publicum subscriptum publicato
48 CHARTERS. [1516.
et perlecto, prefatus Thomas Chesome senior, marus, suum officium perimplere
curans, et mandatis sibi in hac parte commissis obtemperans, accessit ad
principalem domum dicte ville de Balnaeard, et ibidem honorabili viro
Andree Rettray, filio et heredi quondam Siluestri Rettray de Balnacard pre-
dicti, tunc presenti, statum, saisinam, et hereditariam possessionem omnium et
singularum terrarum prefate ville de Balnacard cum pertinentijs, per terre
et lapidis traditionem, contulit, dedit et deliberauit, ac ipsum Andream in
pacificam possessionem, realem, actualem et corporalem, omnium et singu-
larum terrarum predicte ville de Balmaeard cum pertinentijs, secundum
teriorem precepti predicti, induxit et inuestiuit. IDe et super quibus omnibus
et singulis prefatus Andreas a me notario publico subscripto sibi fieri petiit
vnum seu plura publicum seu publica instrumentum seu instrumenta. Acta
erant hec apud principalem domum antedictam prefate ville de Balnacard,
ante merediem hora Octaua aut eo circa, sub anno, die, mense, indictione et
pontificatu quibus supra ; presentibus ibidem, honestis et discretis viris, Amdrea
Robertson, Willelmo Angusom, Fynlao M°Andoche, Johanne Ayson, et Macolmo
Fischar, cum diuersis alijs testibus in premissis. (Sic subscribitur.)
Et ego Alexander Fairfoull, presbyter Sancti Andree diocesis, publicus
sacra auctoritate apostolica notarius: quia [etc., in forma communi.]
31. SASINE in favour of ELIZABETH STUART, daughter of the deceased Thomas
Stuart of Garnetuly, of the lands of Carnebo-Stuart. 22d April 1516.
IN Dei nomine, Amen. Per hoc presens publicum instrumentum cunctis
pateat euidenter quod anno Incarnacionis Dominice millesimo quingentesimo
decimo sexto, die Martis mensis Aprilis vigesima secunda, horaque eiusdem
diei quasi vndecima ante meridiem, indictione quarta, ac pontificatus sanctis-
simi in Christo patris et domini nostri, domini Leonis diuina prouidemcia pape
1516.] CHARTERS. 49
decimi anno quarto, et regni Supremi domini nostri, domini Jacobi Quinti,
Dei gracia Scotorum regis illustrissimi, anno tertio, in mei notarij publici
testiumque infrascriptorum presencia, personaliter constitutus probus vir, Dauid
Murray, actornatus et eo nomine Elizabeth Stuart, filie et heredis quondam
honorabilis viri, Thome Stuart de Garnetuly, vt per literas actornati sui
regias patentes michi notario publico et testibus subscriptis luçide constabat,
quoddam preceptum Sasine in papiro Scriptum, Sub signeto nobilis viri,
Wilelmi Murray de Tulibardin, militis, ac senescalli de Strathern, cera rubea
papiro cooperto impressum, subscriptum et signatum honesto Viro Donaldo
Wat, seriando et deputato dicti domini Senescalli in hac parte specialiter ad
infrascriptum peragendum constituto, Ostendit, exhibuit et presentauit, re-
quirendo eundem Donaldum deputatum quatemus dictum preceptum debite
executioni demandaret; quod preceptum a prefato Dauid actornato, cum
reuerencia qua decuit, recepit, et michi notario publico Subnotato perle-
gendum dedit, cuius tenor sequitur, et est talis: WILLIAM MURRAY OF TULI-
BARDIN, Knycht, and Stuart of Stratherne, to Donald Wat, my depute in that
part, and seriand of the said Stuartry, greting : ForSamekle as ther is present
to me ame brefe of sesing of our souerane lordis chapell be Elizabeth Stuart,
douchter and air of vnguhile Thomas Stuart of Garnetuly, chargeand me
and my deputis to gif hir heretable sesing of the landis of Carnebostuart with
the pertinentis, liand in the said Stuartry, efter the tenour of the said breve,
Tharefore I charge Zou incontinent, this my precept sene, to pass to the said
landis of Carnebostuart, with the pertinentis, and ther that Ze giff heretable
sesing of the foresaidis landis of Carnebostuart, with the pertinentis, to the
said Elizabeth, or hir certane actournay, berare of thir presentis, be dona-
cione of erd and stane, as the maner is, eftir the forme of the said brefe
direct to me thairupon : the quhilk to do I committ to zou my full poveir
be this my precept. In witnes of the quhilk thing I haue affixt my signete
G
50 CHARTERS. [1516.
heirto, and subscriuit the sammyne with my hand, at Tulibardin, the nynetene
day of Aprile, the zere of God ane thousand fyve hundreth and sexteine
zeris. Et sequitur manualis subscripcio predicti domini senescalli, William
Murray of Tolibardin. QUODQUIDEM preceptum sasine prescriptum per me
notarium publicum infranotatum alta et intelligibili voce perlectum et pub-
licatum, dictus Donaldus Wat, seriandus et dicti Senescalli deputatus, ad
ministrationes sui officij in hac parte faciendum requisitus, Vt prefertur,
accessit ad prefatas terras de Carnebostuart, ibique Sasinam hereditariam earun-
dem, cum suis pertinentijs, predicto Dauid Murray, actornatorio nomine quo
supra, per terre et lapidis traditionem ac domus inclusionem, Vt moris est,
secundum tenorem dicti breuis regij, saluojure cuiuslibet, publice contulit et
deliberauit, ac ipsum Dauid actornatum vigore dicti precepti in realem et
actualem ac corporalem possessionem earundem terrarum de Carnebostuart,
cum pertinentijs, publice induxit et inuestiuit. Super quibus omnibus et
singulis premissis memoratus Dauid, actornatorio nomine quo Supra, Vnum
vel plura publicum seu publica instrumentum et instrumenta Sibi fieri peciit
per me notarium publicum infranotatum. Acta erant hec Super fundum
dictarum terrarum de Carnebostuart cum pertinentijs, ante Ostium domus
habitacionis Thome Atkin, inhabitantis et occupantis dictas terras, sub anno,
die, hora, mense, indictione, pontificatu et regno regio Supradictis; presenti-
bus ibidem, Patricio Loutfute de Vrquhile, Willelmo Nevane, Patricio Osuald,
et dicto Thoma Atkin, testibus ad premissa vocatis specialiterque atque
rogatis.
Et ego Johannes Browne, presbiter Dounblanensis diocesis, publicus sacris
apostolica regali et imperiali auctoritatibus notarius, premissis [etc.,
in forma communi.]
1517.] (C' HA RTERS. 51
32. REVOCATION by ELIZABETH STEUART, Lady of Grantuly, of am alienatiom ,
made by her of her lamds of Carnbo and Banquhory. 1st September
1517.
IN Dei nomine, Amen. Per hoc presens publicum instrumentum cunctis
pateat euidenter quod anno ab Incarnatione Domini millesimo quingentesimo
decimo septimo, mensis vero Septembris die primo, indictione quinta, ponti-
ficatus sanctissimi in Christo patris et domini nostri, domini Leonis diuina
prouidentia pape decimi anno quimto, im venerabilis et egregii viri magistri
Johannis Weddall, in vtroque jure licenciati, canonici Morauiensis ac officialis
Sanctiandree principalis, pro tribunali sedentis, meique notarij publici et
testium subscriptorum, presencia, comparuit in judicio honorabilis domina,
Elizabeth Steuart, domina de Grantuly in Aitholl, motu proprio, et ex certa
sua scientia, coram dicto officiali lamentabiliter exposuit et dixit, quod ipsa, vi
et violentia, et sime eius voluntate detenta per honorabilem virum Willelmum
Murray de Tulybarm, militem, infra suum locum de Tulybarn, ad mandatum,
imperium, et compulsionem eiusdem, coacta per eum, inuito et sine eius volun-
tate fecit alienationem quamdam suarum terrarum de Carnbo, jacentium infra
vicecomitatum de Perth, et suarum terrarum de Banquhory, jacentium infra
vicecomitatum de Clakmanmam, dicto militi, et cuidam domino Willelmo
Murray, capellamo, omnino contra eius proficuum, vtilitatem, honorem et com-
modum, et sine consilio et auisamento eius amicorum ; et propterea, coram
dicto domino officiali prefata Elizabeth reuocauit, et de presenti reuocat, et
pro reuocatis habere wlt huiusmodi alienationes qualitercunque per eam
factas prefatarum terrarum, seu aliquam partem earum, dictis militi et capel-
lano, seu cuicunque alteri, ac omnes alios contractus per eam infra dictum
locum de Tulybardin factos, et protestata est solemniter quod huiusmodi
52 CHARTERS. [1517.
alienationes et contractus per eam facti de cetero et in futurum nullius sint
roboris aut momenti, nec autoritatem aut effectum sortiantur in futurum, et
quod non cogatur seu compellatur huiusmodi contractus et alienationes per-
implere, seu obseruare, et quod sibi non preiudiceretur in futurum eius heredi-
bus et assignatis, ex quo fecit eosdem detenta infra dictum locum dicti
militis violenter, et sine eius voluntate, mom habens liberum arbitrium, et
sine consilio amicorum, et contra eius honorem, et pro mullo commodo ; et
desuper, fidem et juramentum corporale prestitit et fecit, etiam ad sacra Dei
ewangelia jurauit quod istam reuocationem et remunciationem fecit ex eius
proprio motu et voluntate, et pro eius commodo et vtilitate, incoacta et in-
compulsa per aliquem : Et ad omnia et singula premissa prefatus dominus
officialis ad instantiam dicte Elizabeth suam interposuit autoritatem ordi-
mariam pariter et decretum, et decreuit huiusmodi renunciationi sigillum sui
officii apponi, et intimari reuocationem huiusmodi dictis personis juxta juris
exigentiam. Super quibus omnibus et singulis dicta Elizabeth Steuart a me
notario publico subscripto sibi fieri peciit vnum seu plura publicum seu pub-
lica instrumentum seu instrumenta. Acta erant hec in ecclesia beati Johannis
Ewangeliste pedagogii, infra ciuitatem Sanctiandree, loco consistoriali eius-
dem solito et consueto, hora decima ante merediem, aut eo circa, sub anno,
die, mense, indictione et pontificatu quibus supra; presentibus ibidem venera-
bilibus viris magistris Roberto Crechtoune, preposito ecclesie collegiate beati
Egidii de Edimburgh, Johamme Bonar, vicario de Eglisgreg, Johanne Spense,
Mertimo Balfour, Alexandro Scot, Alexandro Mertym, cum diuersis aliis testibus
ad premissa vocatis pariterque rogatis.
Et ego Robertus Lausone, arcium magister, clericus Sanctiandree diocesis,
publicus autoritate apostolica motarius: quia [etc., ìn forma communi.]
1517.] CHARTERS.
5
3
33. INSTRUMENT of INTIMATION of the CASSATION by ELIZABETH STEWART,
Lady of Garntully, of am alleged alienation of the lands of Carmboy.
17th September 1517.
In Dei nomine, Amen. Per hoc presens publicum instrumentum cunctis
pateat euidenter quod anmo Incarnacionis Dominice millesimo quingentesimo
decimo septimo, mensis vero Septembris die decimo septimo, indictione
quinta, pontificatus sanctissimi in Christo patris et domini nostri, domimi
Leonis diuina, prouidentia pape decimi anno quinto, in mei notarii publici et
testium subscriptorum presentia, personaliter constitutus homestus vir, Jaco-
bus Stewart, procurator et eo nomine Elizabeth Stewart, domina de Garm-
tuly in Atholie, accessit ad locum habitationis domini Willelmi Murray,
capellani, infra burgum de Striueling, et ibidem, coram me notario publico et
testibus subscriptis, intimauit dicto domino Willelmo, capellamo, quomodo
dicta Elizabeth veniuit coram domino officiali Sanctiandree principali, primo
die mensis Septembris, anno suprascripto, in judicio in ecclesia Sancti
Johannis Ewangeliste, et reuocauit, cassauit ac annualauit pretensam aliena-
tionem factam per dictam Elizabeth, ad compulsionem et seductionem domini
Willelmi Murray de Tullebardim, sui auunculi, prefato domino Willelmo
Murray, capellano, de terris de CarnbOy pertinentibus dicte Elizabeth here-
ditarie, prout latius continetur in instrumento reuocationis desuper facto
coram dicto domino officiali: De et super quibus omnibus et singulis prefatus
Jacobus Stewart, procurator dicte Elizabeth, a me motario publico subscripto
sibi fieri petiit vnum vel plura publicum vel publica instrumentum seu im-
strumenta. Acta erant hec infra burgum de Striueling, hora vndecima ante
meridiem, vel eo circa, sub anno, mense, die, indictione et pontificatu quibus
supra, presentibus ibidem, prouidis et discretis viris, Alexandro Cummynghame
54 CHARTERS. [1525.
de Polmais, milite, Alexandro Forestar, preposito dicti burgi, Alexandro Wat-
sone, Patricio Pardovin, Archibaldo Dawsone, Johanne Turnbule, et Johanne
Spittale, cum diuersis alijs testibus ad premissa vocatis pariter et rogatis.
Et ego Eduardus Spetale, clericus Sanctiandree diocesis, publicus auc-
toritatibus imperiali et regali notarius, premissis [etc., in forma
communi.]
34. SASINE in favour of ALEXANDER STUART, brother-german of the deceased
Thomas Stuart of Garnetully, of the lands of Obbirfeally in Appin.
5th July 1525.
IN Dei nomine, Amen. Per hoc presens publicum instrumentum cunctis
pateat euidenter quod anno Incarnationis Dominice millesimo quingentesimo
vigesimo quinto, die Mercurij mensis Julij quinta, horaque eiusdem diei quasi
vndecima ante meridiem, indictione tercia decima, ac pontificatus sanctissimi
in Christo patris et domini nostri, domini Clementis diuina prouidencia pape
septimi anno Secundo, et regni Supremi domini nostri, domini Jacobi quinti,
Dei gracia Scotorum Regis illustrissimi, anno duodecimo, in mei notarii
publici testiumque subsequentium presentia, personaliter constitutus honora-
bilis vir, Alexander Stuart, germanus frater quondam Thome Stuart de Garne-
tully, secum deferens quasdem litteras balliatus in pergameno scriptas, sub
sigillis proprijs et subscriptionibus manualibus Elizabeth Stuart de Garne-
tully, et Agnetis Murray domine coniuncte infeodacionis dictarum terrarum
de Garnetully, cera rubea albe impressa cum pergamineis caudis, more Scoticane
curie, impendentibus sigillatas, Sanas et integras, non viciatas, non cancellatas,
nec in aliqua parte Sui suspectas, Sed Omni prorsus vicio et suspicione caren-
tes, probo viro, Nigello Baroun de Moinness, balliuo in hac parte dictarum
Elizabeth et Agnetis matris Sue litteratorie ad infrascriptum peragendum con-
1525.] CHARTERS. 55
stituto, exhibuit, ostendit et presentauit; quas litteras dictus Nigellus cum
reuerencia qua decuit recepit, et michi notario publico subscripto perlegendas
et publicandas dedit ; quarum tenor sequitur, et est talis : VNIUERSIS pateat
per presentes, me Elizabeth Stuart de Garnetully, cum speciali et expresso
consensu et assensu carissime matris mee, Agnetis Murray domine coniuncte
infeodacionis de Garnetully cum pertinenciis, fecisse, constituisse et ordin-
asse, tenoregue presentium facere, constituere et ordinare dilectos meos
Robertum Stuart, Mauricium M*Awasche, et Nigellum Baroun de Moinness,
coniunctim et diuisim, balliuos meos in hac parte, ad dandum et deliberandum
pro me et nomine meo predilecto patruo meo, Alexandro Stuart, vel suo certo
attornato Seu procuratori, presentium latori, Sasinam hereditariam et corpor-
alem possessionem omnium et singularum terrarum mearum de Obbirfeally,
cum pertinentijs, jacentium in dominio de Appin et infra vicecomitatum de
Perth, per terre et lapidis donationem, in forma juris Solita et consueta, Secun-
dum formam et tenorem carte mee sibi desuper confecte: Ad quod faciendum
dictis balliuis meis et eorum cuilibet, coniunctim et diuisim, mean liberam et
plenariam potestatem ac mandatum speciale, sine reuocatione duraturam, do
et committo per presentes. In cuius rei testimonium presentibus, manu mea
Subscriptis, Sigillum meum proprium est appensum, Vna cum manuali sub-
scriptione et proprii sigilli dicte matris mee presentibus etiam appensione,
apud burgum de Perth et oppidum de Balvard, vltima die mensis Junij, anno
Domini millesimo quingentesimo Vigesimo quinto ; Coram hijs testibus, Wil-
elmo Murray, filio nobilis viri Andree Murray de Balvard, militis, magistris
Andrea M*Brek, cancellario ecclesie cathedralis Dounblanensis, Alexandro
M*Brek, Waltero Chape, Karolo Murray, Alexandro Quhitehill, et Johanne
Browne, vicario ecclesie parochialis de Crefe, ac notario publico, cum diuersis
alijs ; et sequitur subscriptio manualis dictarum Elizabeth et Agnetis matris Sue,
Elizabeth Stuart, with my hand at the pen. Agnes Murray, with my hand
56 CHIA H?TERS. [1525.
at the pen. POST QUARUMQUIDEM litterarum prescriptarum perlecturam et
publicacionem, prefatus Nigellus, balliuus et eo nomine quo supra, ad ministra-
tionem sui officij in hac parte faciendum requisitus, accessit ad terras de
Obbirfeally, jacentes in dominio de Appim et infra vicecomitatum de Perth,
ibique, vigore dictarum literarum, sasinam hereditariam et corporalem posses-
sionem omnium et singularum dictarum terrarum de Obbirfeally, cum per-
tinentijs, predicto Alexandro Stuart ibidem presenti et recipienti, per terre et
lapidis domacionem ac domus inclusionem, vt moris est, cum omni juris vali-
tudine, mullo reclamante vel contradicente, publice contulit et deliberauit, ac
ipsum Alexandrum Stuart in realem et actualem possessionem earumdem
terrarum de Obbirfeally, cum suis pertinentijs, induxit et inuestiuit. De et
super quibus omnibus et singulis premissis prenominatus Alexander a me
notario publico infrascripto sibi fieri petiit vnum vel plura publicum seu
publica instrumentum et instrumenta. Acta erant hec super fundum dic-
tarum terrarum de Obbirfeally cum pertinenciis, et apud domum habitacionis
Donaldi M°Vairchy, situatam in eisdem terris, sub, anno, die, hora, mense,
indictione, pontificatu et regno regio supradictis ; presentibus ibidem, domino
Duncano Angussone, curato ecclesie parrochialis de Dull, Dauid Murray,
IRoberto Stuart antefato, Gilberto M$Myir, Dumcano M°Gillegon, Johanne
M°Kymtarsamyth, Nigello M'Gillevarquhane, Gregorio M'Ewindoy, Donaldo
M*Anvig, Johanne Scherar, et Stephano Murdosome cum diuersis alijs testibus
ad premissa vocatis specialiterque rogatis.
Et ego Johannes Brovne, presbyter Dounblamensis diocesis, publicus
sacris apostolica regali et imperiali auctoritatibus notarius, premissis
[etc., în forma communi.]
1525.] CHARTERS. 57
35. PROCURATORY by ELIZABETH STUART, Lady of Garnetully, for resigning the
lands of Garnetully, Kyiltoly and Obbrefeally. 15th March 1525.
EXCELLENTISSIMO et serenissimo principiac domino, nostro domino Jacobo
quinto Dei gracia Scotorum Regi illustrissimo, vester humilis ligia et Seruitrix,
Elizabeth Stuart, domina de Garnetully, cum Omni Subiectione et famulatu,
prosperitatis incrementum : Ad Sursum reddendum pureque et simpliciter, per
fustem et baculum, resignandum, quittumclamandum, et libere deliberandum,
pro meet heredibus meis, in manibus vestre serenissime maiestatis, tanquam
in manibus domini mei Superioris, Omnes et singulas terras meas de Garne-
tully, Kyiltoly, et Obbrefeally, cum vniuersis suis pertinentijs, iacentes in
Senescallia de Appin Dow, et infra vicecomitatum de Perth, quas de Sereni-
tate vestra teneo in capite, honorabiles viros, videlicet, Robertum Leslie,
Magistrum Johannem Lethane, Thomam Stewart, et eorum quemlibet, con-
iunctim et diuisim, meos veros, legitimos, indubitatos et irreuocabiles procura-
tores facio, constituo, et irreuocabiliter ordino, sic quod ad huiusmodi perficien-
dum meam plenariam et irreuocabilem potestatem et mandatum speciale do et
concedo per presentes : quas etiam terras prefatas, cum molendino et piscaria
earundem, cum suis pertinentijs, ego dicta Elizabeth, non vi aut metu ducta,
nec errore lapsa, Seu dolo circumuenta, sed mea mera, pura et spontanea volun-
tate, in manibus vestre regie maiestatis, tamquam in manibus domini mei
Superioris earundem, per has meas litteras procuratorijet resignationis Sursum
reddo, ac per fustem et baculum, tenore presentium, pure et simpliciter resigno,
actotum ius et clameum que de dictis terris cum pertinentijs habui, habeo,
Seu quouismodo habere potero, pro me et heredibus meis quittumclamo im-
perpetuum, in fauorem honorabilis viri consanguinei mei, Alexandri Stuart,
pro vestris carta et infeodatione de predictis terris, molendino et piscaria
earundem, cum vniuersis suis pertinentijs sibi et heredibus suis hereditarie
H
58 CHARTERS. [1526.
dandis et conferendis: Reseruando tamem michi prefate Elizabeth Stuart
libero tenemento omnium et singularum predictarum terrarum cum pertin-
entijs, pro toto tempore vite mee dumtaxat : ratum et gratum firmum atque
stabile habens et habitura totum et quicquid dicti mei procuratores, aut
eorum aliquis, coniunctim et diuisim, nomine meo in premissis duxerint seu
duxerit faciendum. In cuius rei testimonium sigillum meum proprium presen-
tibus, manu mea super pennam existente subscriptis, est appensum, apud
Tulibardin, quinta decima die mensis Marcij, anno Domini millesimo quin-
gentesimo vicesimo quinto; coram hijs testibus, Patricio Murray in Dunfally,
Andrea Rolloc, dominis, Thoma Scheoch, Dauid Beg,
Wilelmo Johnesone, capellanis, Dauid Murray et
Domaldo Symsone, cum diuersis alijs.
Elizabeth Stuart with my hand at the pen, etc.
Ita est Johannes Browne, Notarius ad premissa
scripsit.'
36. CHARTER by KING JAMEs V., to ALEXANDER STEWART, of the lands of
Garntuly, Kyltoly, and Obbrefrally. 28th April 1526.
JACOBUs Dei gracia Rex Scotorum, omnibus probis hominibus tocius terre
sue, clericis et laicis, Salutem : Sciatis nos cum auisamento et consensu
dominorum consilij nostri secreti, per tres regni nostri status in parliamento
nostro electorum, dedisse concessisse, et hac presenti carta nostra confirmasse
hereditarie dilecto nostro, Alexandro Stewart, omnes et singulas terras de
Garntuly, Kyltoly, et Obbrefrally, cum molendino et piscaria earundem et
suis pertinenciis, iacentes in semescallia de Appindow, infra vicecomitatum
* Thelands were resigned by Robert Leslie, the 28th April 1526, in presence of Archibald
as procurator for Elizabeth Steuart, Lady of Earlof Angus, Lord Douglas, Nimiam Crechtoum
Garntully, in the hands of King James V., in of Bellibocht, and others.—[Instrument of Re-
the house of George, Abbot of Holyrood, on signation dated 28th April 1526, at Murthly.]

1526.] CHARTERS. 59
nostrum de Perth ; quequidem terre, cum molendino et piscaria earundem et
suis pertinenciis, fuerunt Elizabeth Stewart, domine de Garnetuly, perprius
hereditarie, et quas eaderm per fustem et baculum et procuratores suos ad hoc
legitime constitutos et litteras Suas patentes in manibus nostris, apud Edin-
burgh, Sursum reddidit, pureque et simpliciter resignauit, ac totum ius et
clameum que in eisdem habuit seu habere potuit, pro se et heredibus suis,
omnino quittumclamauit imperpetuum: Tenendas et habendas omnes et singu-
las prefatas terras de Garnetuly, Kyiltoly, et Obbrefrally, cum molendino et
piscaria earundem, et suis pertinenciis, dicto Alexandro Stewart et heredibus
Suis, de nobis et successoribus nostris, in feodo et hereditate imperpetuum, per
omnes rectas metas Suas antiquas et diuisas, prout iacent in longitudine et
latitudine, in boscis, planis, moris, marresiis, vijs, semitis, aquis, stagnis,
riuolis, pratis, pascuis et pasturis, molendinis, multuris et eorum sequelis,
aucupacionibus, venationibus, piscationibus, petariis, turbarijs, carbonarijs,
lignis, lapicidijs, lapide et calce, fabrilibus, brasinis, bruerijs et genestis, cum
curijs et earum exitibus, herezeldis et mulierum merchetis, cum communi
pastura, libero introitu et exitu, ac cum Omnibus alijs et singulis libertatibus,
commoditatibus, proficuis et asiamentis, ac iustis pertinenciis suis quibus-
cunque, tam non nominatis quam nominatis, tam Sub terra quam supra terram,
procul et prope, ad predictas terras cum molendino et piscaria earundem et
suis pertinenciis spectantibus, seu iuste spectare valentibus quomodolibet
in futurum, adeo libere, quiete, plenarie, integre, honorifice, bene et in pace,
in omnibus et per omnia, sicut dicta Elizabeth vel predecessores sui prefatas
terras cum molendino et piscaria earundem, et suis pertinentiis, de nobis vel
predecessoribus nostris, ante prefatam resignationem nobis inde factam liberius
tenuit seu possedit, tenuerunt sell possederunt : Faciendo inde annuatim dictus
Alexander et heredes Sui, nobis et successoribus nostris, iura et Seruicia de
dictis terris cum molendino et piscaria earundem, et suis pertinenciis, ante pre-
60 CHARTERS. [1526.
fatam resignationem nobis debita et consueta ; saluo michilominus et reseruato
libero tenemento omnium et singularum prefatarum terrarum de Garnetully,
Kyiltoly, et Obbrefrally, cum molendino et piscaria earumdem et suis pertim-
encijs, dicte Elizabeth, pro toto tempore vite sue. In cuius rei testimonium
huic presenti carte nostre magnum sigillum nostrum apponi precepimus; testi-
bus, reuerendissimis et reuerendo in Christo patribus, Jacobo Sanctiamdree archi-
episcopo, cancellario nostro, Gawino archiepiscopo Glasguensi, Gawino episcopo
Abirdonensi, nostrorum rotulorum registri et concilij clerico, dilectis consan-
guineis nostris, Archibaldo comite Angusie, domino Douglas, Colino comite de
Ergile, domino Campbell et Lorne, Johanne comite de Leuinax, domino Dernlie,
venerabilibus in Christo patribus, Patricio priore ecclesie metropolitane Sancti-
amdree, secretario nostro, Georgio abbate monasterij nostri Sancte Crucis, nostri
secreti sigilli custode, dilectis familiaribus nostris, magistro Johanne Campbell
de Lundy, thesaurario nostro, et Jacobo Coluile de Vchiltre, nostrorum compo-
torum rotulatore, et nostre cancellarie directore, apud Edinburgh, vicesimo
octauo die mensis Aprilis, anno Domini millesimo quingentesimo vicesimo
sexto, et regni nostri decimo tercio.*
37. LETTERS of REGRESS by KING JAMES V., in favour of ALEXANDER STEWART,
to the lands of Abirfealdy. 14th May 1526.
Regressus.
JACOBUS Dei gratia Rex Scotorum, omnibus probis hominibus suis, salu-
tem : quod sciatis quod licet dilectus noster Alexander Stewart de Garmtuly,
vendidit et alienauit Patricio Buttir de Gormok et Jonete Gordoum eius
sponse, et ipsorum alteri diucius viuenti in coniuncta infeodatione, et here-
1 On the same date a precept was issued by ter ; and sasine was given to Alexander Stew-
Κing James V., underthetestimony of hisGreat art, mear the place of Grantully and * Villam
Seal, to the Sheriff of Perth, to imfeft Alex- de Aberfeldy,* om the 3d May 1526.—[Original
ander Stewart in thelands specified in the char. Precept and Instrument of Sasine at Murthly.]
1526.] CHARTERS. 61
dibus masculis inter ipsos legitime procreatis seu procreandis; quibus defi-
cientibus, legitimis et propinquioribus heredibus masculis dicti Patricij
quibuscunque; quibus omnibus (quod absit), deficientibus, legitimis et pro-
pinquioribus heredibus suis quibuscunque, totas et integras terras Suas de
Abirfealdy cum pendiculis et le outsetis earundem, et suis pertinentiis,
jacentes in dominio de Garntuly in senescallatu de Appindow, infra vice-
comitatum nostrum de Perth, tenendas de nobis et successoribus nostris, et
Super huiusmodi alienatione sic facta prefatus Patricius et Joneta tradiderunt
et deliberarunt dicto Alexandro quamdam reuersionem certam pecunie sum-
mam in se continentem, prout in eaderm latius continetur: Nos nichilominus,
pro bono et fideli et gratuito Seruicio nobis per dictum Alexandrum impenso,
cum auisiamento et consensu dominorum consilij nostri Secreti, per tres regni
nostri status in parliamento nostro electorum, volumus, concedimus et pro-
mittimus pro nobis et successoribus nostris dicto Alexandro, heredibus suis
et assignatis, quod quandocumque dicta summa in prefata reuersione inserta
fuerit plenarie persoluta dicto Patricio et Jonete, eius sponse, et heredibus
Suis Suprascriptis et assignatis, et prefata reuersio in omnibus punctis et
articulis, Secundum tenorem eiusdem, integre perimpleta et obseruata fuerit,
dictus Alexander heredes sui et assignati habebit et habebunt plenum et
liberum regressum et ingressum in et ad predictas terras de Abirfealdy cum
pendiculis, et le outsetis earundem et suis pertinentiis, atque ipsum et insos,
exnunc prout extunc, et e conuerso, recipimus et admittimus, approbamus et
ratificamus hereditarios tenentes nobis de eisdem terris cum pertinentiis per
presentes, adeo libere tenentes in futurum sicut ante dictam alienationem
prius tenebantur, sine quouis impedimento, preiudicio, forisfactura, eschaeta,
dampno et periculo quibuscumque dicto Alexandro, heredibus suis et assig-
natis, quouismodo inde inferendis. Datum sub secreto nostro sigillo, Vnacum
nostra subscriptione manuali, et subscriptionibus manualibus prefatorum domi-
62 CHARTERS. [1526.
norum, apud Edinburgh xiiij° die mensis Maij, anno Domini millesimo
quingentesimo vicesimo sexto, et regni nostri anno decimo tercio.

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38. RENUNCIATION by ARCHIBALD CAMPBELL of Skyppinch of his right to
Garnetulie. 1st June 152ö.
IN Dei nomine, Amen. Per hoc presens publicum instrumentum cunctis
pateat euidenter quod anno Incarnacionis Dominice millesimo quingen-
tesimo vigesimo sexto, mensis vero Jumii die primo, indictione decima quarta,
pontificatusque sanctissimi in Christo patris, et domini nostri, domini Cle-
mentis, diuina prouidencia pape septimi, anno quarto, in meique motarii pub-
lici, et testium subscriptorum presencia, personaliter constitutus honorabilis
vir, Archibaldus Campbell de Skyppynche, non vi aut metu ductus, com-
1526.] CHARTERS. 63
pulsus, Seu choactus, Sed Sua propria et spontanea voluntate, illas suas
literas acquittanciales Thome Stewart, filio et apparenti heredi, ac attornato
et eo nomine Alexandri Stewart de Garntulie, factas, Summam septingintarum
mercarum vsualis monete Scocie in pecunia numerata in se continentes, et
dicto Archibaldo per eundem Thomam deliberatam propter renunciacionem
juris et clamei quod dictus Archibaldus habuit uel habere poterit in futurum
per Elizabeth Stewart, eius sponsam (Agnetem Murray matrem ipsius Eliza–
beth), in et ad terras predictas de Garntulie, tenentes et tenendrias, et ad
Omnes alias terras eisdem terris de Garntulie pertinentes annexas cum perti-
menciis, michi notario publico infrascripto inspiciendas et perlegendas in
presenciis dictorum Archibaldi et Thome, tradidit, Sub hac forma : I ARCHI-
BALD CAMPBELL OF SKYPPINCHE grantis me till haue ressauit fra the handis of
Thomas Stewart, Sone, attorna, and apperend air to Alexander Stewart of
Garntulie, and in his name and behalf, the Sowme of sewyne hundreth merkis
gud and Vsuale mony of the realm of Scotland, in numerat mony, ordanit to
be deliuerit to me by ane decret arbitrale gewyn thairapone for the renun–
ciacioun and ourgewing of all ryctht clem that I haue, hed, or ma haue be
Elizabeth Stewart my spouse (Agnes Murray hir modir), in and to the landis
of Garintulie, with the pertinence, tenentis and tenendriis, and all vtheris
landis pertenyng thairto ; of the quhilk Sowme of sewyn hundreth merkis, in
numerat mony forsaid, I the said Archibald Campbell haldis me weile content
and thankfullie payt, quitclames and discharges the said Alexander, his
aris, executoris and assignais, for me, my aris, executouris and assignais, and
als dischargis the said Alexanders caucionaris, that ar to say, Patrick Ayson
of Tulymot and Johnne Stewart of Stukis, thair aris, executouris and assig-
nais, of the said Soume of sewyne hundreth merkis for now and evir; and
renouncis and leafis all rycht, clem of rycht, that I haue hed, or ma haue
ony maner of way, be Elizabeth Stewart my spouse, in and to the saidis
64 CHARTERS. [1526.
landis with thair pertinence, and salbe gud frend to the said Alexander and
dame Agnes in tym tocum, and nocht molest nor trible tham in the peceable
joysing and brewking of the saidis landis, ony maner of way, in tym tocum,
efter the tenour of the said decret. In wytnes herof, becaus I hed ma seile
proper present of myn awyn, I haue purchest with instance the seile of ane
honorabillman, Alexander Blayr, prouest of the burcht of Perth, to be affixt
to this myn acquittance, vnder the strynth and effect of my proper Seile, at
the said burgh of Perth, the first day of the moneth of Junij, the zeir of God
jº vº and twenti sex zeris, before thir witnes, schiris Symon Zoung, vicar
of Petcarne, Thomas Paule, William Ray, Thomas Monipeny, Thomas Walcar,
chaplanis and notaris public, and Andrew Blinseile, with otheris diuers.
QUIBUSQUIDEM literis acquittancialibus per me notarium antedictum lectis, et
auribus dictorum Archibaldi et Thome insinuatis, idem Archibaldus fatebatur
et recognouit se dictam summam septingentarum mercarum monete prescripte
ob causam preinsertam in pecunia numerata recipisse, et a dicto Thoma
Stewart habuisse, propterea easdem literas acquittanciales, singulaque puncta
in eisdem inserta, ratificata et approbata, sigillumque dicti Alexandri Blair
prepositi de Perth, dictis literis acquittancialibus muniendum cum instancia
debita procurauit, quibus etiam dictus Alexander affixit. Super quibus omni-
bus et singulis dictus Thomas Stewart a me notario publico subscripto sibi
fieri peciit publica instrumenta, Vnum seu plura. Acta erant hec in ecclesia
parochiali de Perth, hora decima ante merediem, aut eo circiter, sub anno,
mense, die, indictione et pontificatu quibus supra; presentibus ibidem, vener-
abilibus viris, dominis Symone Zoung, vicario de Petcarne, Thoma Paule,
Willelmo Ray, Thoma Walcar et Thoma Monipenny, capellanis et notariis
publicis, testibus ad premissa vocatis pariter et rogatis.
Et ego Andreas Blinsele, Sanctiandree diocesis, publicus sacra apostolica
auctoritate notarius: quia [etc., in forma communi,
1529.] CHARTERS. 65
39. SASINE im favour of ALEXANDER ABIRCRUMBY, as heir of his father,
THOMAS ABIRCRUMBY, of the barony of Murthlie. 12th May 1529.
IN Dei nomine, Amen. Per hoc presens publicum instrumentum cunctis
pateat euidenter quod anno Incarnacionis Dominice millesimo quingentesimo
vigesimo nono, mensis vero Maij die duodecimo, indictione secunda, pontifi-
catus sanctissimi in ChristO patris et domini nostri, domini Clementis diuina
prouidentia pape septimi anno sexto, in mei notarij publici et testium sub-
scriptorum presencia personaliter honorabilis vir, Johannes Pablis, balliuus in
hac parte supremi domini nostri regis, accessit ad totas et integras terras de
Mowrthtlie cum pertinentiis, jacentes infra vicecomitatum de Pertht, et ibidem
quoddam preceptum saisine capelle regie pergamino scriptum, vt moris est,
michi notario publico infrascripto perlegendum tradidit, tenorem qui sequitur
in se continens: JACOBUS Dei gratia Rex Scotorum, vicecomiti et balliuis suis
de Pertht, salutem: Quia per inquisicionem de mandato nostro per vos factam,
et ad capellam nostram retornatam, compertum est quod quondam Thomas
Abircrumbj de Mowrthtlie, pater Alexandri Abircrumbj, latoris presentium,
obiit vltimo vestitus et saisitus, vt de feodo ad pacem et fidem nostram, de
tota et integra baronia de Mowrthtlie, cum tenentibus, tenandriis, et libere
tenencium seruiciis eiusdem, cum suis pertinenciis, jacente infra balliam ves-
tram ; et quod dictus Alexander est legittimus et propinquior heres eiusdem
quondam patris sui de dicta baronia ; et quod est legittime etatis; et quod
de nobis tenentur in capite ; vobis precipimus et mandamus quatenus dicto
Alexandro vel suo certo attornato, latori presencium, saisinam totius et integre
dicte baronie de MoWrthtlie, cum tenentibus, tenandriis et libere tenencium
seruiciis eiusdem, cum suis pertinenciis, juste haberi faciatis, et sime delacione,
saluo jure cuiuslibet ; capiendo securitionem septingentarum vigente quattuor
I
66 CHIA RTEÄ?S. [1529.
librarum de firmis dicte baronie cum pertinentiis existentibus in manibus nos-
tris per spacium mouem annorum vltimo elapsorum, ratione Warde, que firme
se extendunt annuatim ad sexaginta mouem libras sex solidos Octo denarios
nobis debita, et hoc nullo modo omittatis ; presentibus post proximum ter-
minum minime valaturis: Teste me ipso, apud Edinburghe, quinto die mensis
Maij, anno regni nostri decimo sexto. POST cuiusquidem precepti perlecturam,
publicationem, et ipsius in manibus dicti Johannis Pablis receptionem,
idem balliuus, vigore dicti precepti capelle regie sibi in hac parte commissi,
statum, saisinam et possessionem hereditariam omnium et singularum dic-
tarum terrarum de Mowrthtlie cum pertimenciis earumdem honorabili viro
Alexandro Abircrumbj, per terre et lapidis traditionem, supra solum dictarum
terrarum de Mowrthtlie, vt moris est, secundum vim, formam, et temorem
carte dicti Alexandri desuper confecte, contulit et deliberauit, ac eundem
Alexandrum in realem, actualem, et corporalem possessionem omnium et sim-
gularum dictarum terrarum de MoWrthtlie, cum pertinencijs earundem,
jacentium vt supra, induxit, imposuit, et nullo reclamante seu contradicente,
solemniter investiuit : Super quibus omnibus et singulis prefatus Alexander
Abircrumbj a me notario publico subscripto sibj fieri petiit vnum vel plura
publicum vel publica instrumentum seu instrumenta. ACTA erant hec supra
solum dictarum terrarum de Mowrthtlie, hora quarta post merediem, vel eo
circiter, sub anno, die, mense, indictione et pontificatu quibus supra; presen-
tibus ibidem, Andrea Abircrumbj, Johanne Abirerumbj, Thoma Zoung, Alex-
andro Jacksone, et Roberto ZoWng, cum diuersis aliis testibus ad premissa
vocatis specialiter et rogatis.
Et ego Patricius Lawsone, presbyter Dunkeldensis diocesis, et sacra
Apostolica auctoritate notarius publicus, quia [etc., in forma communi.]
1529.] CHARTERS. 67
40. LETTERS of INQUEST and CONJUNCTION, finding the lands of Pettequharne,
Caltulyth, and Abirfeldy to be pertinents of the lands of Garntulie.
5th July 1529.
To all and syndrye to quhays knaw.lege thyr present letteris Salcum, Olipher
Maxtoun, maceir, Schyrray of Pertht in that part, be our Souerane Lordys
commissioun specialie constitut, gretyng : For Samekle as our Souarane Lord,
be the deliuerance of the Lordis of his consaill, hes directit his commissione
vnder the testimonial of his greit Seil to me and Jhone Baldowye, maceris,
coniunctlie and seuerlie, makand ws Schireffis of Pertht in that part, wytht ful
power to hald courtis apone the landis Wythtin writtin, apone the premuni-
cioun of thretty days, and to summond ane honorable man, Mastir Adam
Ottyrburn, aduocat to our Souerane Lord, for his Henes interes, personalie at
his duellyng place wythtin the towne of Edingburghe, and ane mobile man,
Archbald Campbell of Skypinche, elikwis personalie apprehendit, gif his
presence mycht be hed, and falzeand thairof, Mastir Alexander Makbrek, in
his name, personalie apprehendit to compeir befoir us, or ony of us, at certane
day and place to be assignit thairto, and to tak inquisition gif the landys of
Pettequharne, Caltulyth, and Abbyrfeldy, liand wythtin the schirefilome of
Pertht, be pertinence of the landys of Garntulie, and reput and haldin ane
tenendrie wytht thame, wytht ane Sut and ane seruice for all the said landys;
and gif thai be nocht syndrie haldyngis nor syndrie Saisyngis vsit to be gyffin
thairapone, and gif thaily contigue wytht the said landis of Garntulie, and to
summond ane inquest of the best and worthiast of the said Schirefdome and
of the four halfys about to sufficient numer that bestis knawys the verite, and
to creat all officiaris necessar to that effect, as at mair lyntht is contenit in
the said commission : Be the virtew of the quhilk I passit at the instance of
68 CHARTERS. [1529.
ane honorable man, Thomas Stuart, Sone, apperand air, and procuratour of
Alexander Stuart of Garntulie to the towbuthe of Pertht, the twenty auch
day of the monetht of Maijlast bypassit, and thair, in ane court be me fensit,
I creat Jhone Makhermyk, Donald Symson, James Alexanderson, and Alex-
ander Reyd, coniunctlie and seuerlie, maris and officiaris of the said Schiref-
dome of Pertht in that part, Jhone, Arthur, and Patrik Correour dempstaris,
coniunctlie and seuerlie, Schir Thomas Walcar and Thomas Grumengreg,
coniunctlie and seuerlie, clerkis of the same, for executioun of the said com-
mission, and causit thame be suorne for dew execution of thair office, and
directit my precept to the saidis officiaris to summond the saidis Mastir Adam
Ottyrburn, Archbald Campbell, gif he ma be apprehendit, and falzeand
thairof, the forsaid Mastir Alexander Makbrek, in his name, to compeir befoir
me or my said colleg, apone the grund of the said landys, the fif day of the
monetht of Julij instant, to heir and Secognition takin in the said mater eftyr
the tenour of the sayd commissioun : At the quhilk day, in the fensit court of
the said schirefilome of Pertht, haldin be me at the Karne of Pettequharne
wythin the sayd landys of Garntulie, comperit the said Alexander Stuart,
wytht Robert Lesley his foirspekar, and producit the said precept directit be
me obefoir, dewlie execut and indorsit be the sayd Jhone Makhermyk apome
the saidis Mastir Alexander M%brek personalie apprehendit, and be the
said Donald Symson apone the said Mastir Adam Ottyrburn, elikvise per-
somalie apprehendit, as thair execution of the said precept proportis: And
becauss thai and ilk ane of thame beand lachtfullie summonit and oft tymys
callit, and nocht comperit, the said Alexander and his forspekar requirit me
to proceid apone the executioun of the said commissioun and precept directit
thairapone : And becaus the said parteis comperit nocht, I put the said
mater to the knaw.lege of thir worthe personis whdir writtin, beand lachtfullie
summonit thairto be the said precept of befoir, that is to say, Jhone Stuart of
1529.] CHARTERS. 69
the Stuykis, Jhone Blayir of Ardblair, Andro Rettray of Inchscurwy, Jhone
Rettray of the Leychhill, Jhone Chalmyr of Drumlochy, Jhone Sowter in
Bankhorrye, Jhone Reid of Strathlocht, Patrik Ayson of Tulymat, Patrik
Robertson in Dulkabane, Andro Robertson of Balnagard, Waltyr Bannermann
of Kyllebrothyt, Adam Reid in Petnocre, Dauid Ramsay in Tulypowr, Fyndlay
M“Kowhe, Alexander Robertson of Faskalle, Alexander MºJames of Callewyn,
Fergus Menzeis, Alexander Barroun, Dougall Jhonsone, Donald Makclaagam,
Syme Makhymme, Jhone Stuart of Arntulie, Robert Maknar, Jhone M*Alles-
ter, and Patrik MºMyir, and causit thame be sworne in juggment to decid
lelely thairapone: In presence of the quhilkis personis of inquest, the sayd
Robert Lesley, in the name forsaid, producit ane retour of Vmduhill Alex-
ander Stuart of Garntulie, of the date at Pertht the thretene day of Maij, the
zeir of God ane thousand four hundretht thre skoyir twa Zeris, quhair the
said vnmauhill Alexander wes serrowit and retowrit as ayr to Thomas Stuart,
his fadyr, of the landis of Garntulie, with the pertinence, makand namencion ſº
of the said landis of Pettequharne, Caltulyth, and Abbirfeldy, and quhair the
said landis of Garntulie wes retowrit to the sowme of fourty lib. be zeir,
togiddyr with ane precept of Saisyng of our Souerane Lordis chapell undyr
the testimoniall of the greit Seill giffin to Vnguhill Thomas Stuart and Augnes
Murray, his spous, of the said landis of Garntulie, with the pertinence, wytht
ane instrument of Saisyng thairapone, Vnder the signe and subscriptioun of
Schir Moris Jhonsone, notar publice, and als ane perambulation maid
betuix vmquhill William Abbot of Cowper, on the ta part, and Vmguhil
Thomas Stuart of Garntule, on vthir part, of the sayd landys of Garntulie,
vndir the commone seill of Cowper, of the dayt at the Abbay of Cowper, the
tene day of the monetht of Julij, the zeir of God ane thousand four hun-
dretht fourtynyne Zeris: Be the quhilkis euidentis the said Robert allegit that
apperit cleirlie that the said landys of Pettequharne, Caltulyth, and Abbyr-
70 CHARTERS. [1529.
feldy war ane pertinence of the said landis of Garntulie, and all the said
landis war ane haldyng, wytht ane Sut [and] ane Seruice, becaus the principal
towne of Garntulie extendis now be zeir to viii markis allanerlie, and that
the said landis of Garntulie with the pertinence arretowrit to fourty lib.
be zeir, and that the said vnmouhill Thomas and Augnes Murray, his spouse,
brukit the said landis of Pettequharne, Caltulyth, and Abbirfeldy, be virtu of
the saidis precept and instrumentis of the said landis of Garntulie, with the
pertinence allanerlie, quhairthrow it apperis cleirlie that the said landis of
Pettequharne, Caltulyth, and Abbirfeldy are contenit in the said retour as
pertinence of the same, and extendis to the Sayd wail be zeir ; and als be-
caus the said landis ar perambulat wytht the landys of Murthlie pertenand
to the said abbot of Cowper, fra the wattyr of Tay to the foirfront of the hill
be southe the same and na forthir, and sa fra the front of the said hill Suthe-
wart, all the said landys lyis contigue, but ony difference, or vthir landis
lyand betwene, wytht diuers vtheris resonis and allegacionis: eftir the quhilkis
allegiance, I causit the said personis of inquest to remwif furtht of court, to
avise apone the euidentis and allegiance, and to deliuer apone the said mater
eftir their knaw.lege : The quhilkis personis beand riplie avisit thairapone,
fand and deliuerit all in ane voce, be the moythe of the sayd Jhone Stuart of
the Stuykis, that the saidis landys of Pettequharne, Caltulyth, and Abbirfeldy,
at pertinence of the said landys of Garntulie, and hes bene reput and haldin
ane Sut [and] ane Seruice for all the saidis land, and nocht syndrie haldyngis,
nor syndrie Saisynge vsit to be giffin thairapone, and that thai ly contigue
wytht the saidis landis of Garntulie, fra the front of the hill callit Strong
Awnocht, Suthtwart to the Month. And this to all and syndrie to quhome it
efferis I mak it knawin be this presente : In witnes heirof to this my rol-
ment and retour, selit wytht the selis of the mast part of the said inquest, I
haif affixit my propir Seyll and closit wytht the same, at Garntulie, the fif
1532.] CHARTEP.S. 71
day of the monetht of Julij, the zeir of God ame thousand fif hundretht and
twenty nyne Zerys.
41. CHARTER by ELIZABETH STUART, Lady of Garntulye, in favour of THOMAS
STUART, son and heir-apparent of Alexander Stuart of Garntulye, of
the lands of Carneboy-Stuart. 4th June 1532.
OMNIBUS hanc cartam visuris vel audituris, Elizabetht Stuart domina de Garn–
tulye, Salutem in Domino Sempiternam : Noueritis me dedisse, concessisse,
et hac presenti carta mea imperpetuum confirmasse, tenoreque presentium
dare, concedere, et imperpetuum confirmare dilecto meo Thome Stuart, filio
et apparenti heredi Alexandri Stuart de Garntulye, heredibus Suis, et assigna-
tis quibuscumque hereditarie, propter carnalem affectionem quam erga eum-
dem Thomam gero et habeo, diuerSasque gratitudines et Seruicia per eumdem
michi diuersummodo impensas et collatas, totas et integras terras de Carneboy
Stuart cum pertinenciis, quas de presenti inhabitat et Occupat Georgius
Newying, jacentes infra senescallatum de Stratherne et vicecomitatum de
Pertht: Tenendas et habendas totas et integras predictas terras de Carneboy
Stuart, cum suis pertinenciis, prefato Thome Stuart, heredibus suis et assig-
natis quibuscumque a me et heredibus meis, de Supremo domino nostro
Rege, in feodo et hereditate imperpetuum, per omnes rectas metas Suas, nouas,
antiquas, et diuisas, prout jacent in longitudine et latitudine . . . in Omnibus
et per omnia, sicut alique terre, Cuicunque persone infra regnum Scotie,
nomine warde et releuij, concedumtur : Reddendo inde annuatim dictus
Thomas, suique heredes et assignati predicti Supremo domino nostro Regi
antedicto Seruicium warde et releuij, quantum ad easdem terras pertinet, una–
cum Seruiciis et Omeribus solitis et consuetis, ante presentem infeodationem
de eisdem terris debitis tantum pro omni alio onere, seruicio seculari, et exac-
72 CHARTERS. [1533.
tione seu demanda, que de dictis terris per quoscumque iuste exigi poterint
vel requiri. In cuius rei testimonium, sigillum meum proprium huic presenti
carte mee est appositum, apud Balvard, quarto die mensis Junij, anno
Domini millesimo quingentesimo tricesimo Secundo, coram hijs testibus,
magistro Willelmo Murray, Dauid Murray, Alexandro Waltsoun, Donaldo
Symsoun, et Johanne Murray, cum diuersis aliis."
42. SASINE in favour of ALEXANDER YOUNG, Sub-prior of St. Andrews, as
representing the Curate who was to officiate at the Chapel (templum)
built near the manor-place of Petquharne, of Croftdawe, part of Garn–
tullie. 9th May 1533.
IN Dei nomine, Amen. Per hoc presens publicum instrumentum cunctis
pateat euidenter quod anno Incarnacionis Dominice millesimo quingentesimo
trigesimo tertio, mensis vero Maij die nono, indictione sexta, pontificatus
sanctissimi in Christo patris et domini nostri, domini Clementis diuina proui-
dentia pape septimi anno decimo, in mei notarij publici et testium subscrip-
torum presentia personaliter constitutus Alexander Steuart de Garntulye,
non vi aut metu ductus, nec errore vllo circumuentus, sed sua deuotione,
diuinique cultus augmentandi intuitu, Vt asseruit, accessit ad quandam par-
tem seu portionem terrarum Suarum de Grantuly dictam Croftdawe, et
ibidem, cum consensu et assensu primogeniti Sui Thome Stewart, apparentis
sui heredis, tune presentis et consentientis, et ibidem saisinam, statum et
possessionem hereditariam dictarum terrarum de Croftdawe, iacentium in
1 On the same date a precept was granted was confirmed by a charter by King James V.,
by Elizabeth Stuart to her bailies for infeft- dated the 12th of the same month of June.
ing Thomas Stuart in the lands of Carneboy —[Original Precept, Sasine, and Charter at
Stuart; and he was infefted on the 17th June Murthly.]
1532. The above charter by Elizabeth Stuart
1533.] CHARTERS. 73
baronia de Garntulye, infra vicecomitatum de Perth, in longitudine et latitu-
dine ad quatuor celi plagas, secundum tenorem carte desuper faciende vener-
abili et egregio viro, domino Alexandro Zoung, canonico regulari ac subpriori
Sanctiandree, et vicario ecclesie parochialis de Dow perpetuo, nomine et ex
parte curati seruituri ac sacramenta ministraturi apud templum edificatum
prope maneriem de Petouharne, et consecrandum in honore omnipotentis Dei,
et gloriosissime virginis Marie, beatorum Andree apostoli, Adamnani et
Beani, per terre et lapidis traditionem, vt moris est, contulit et liberauit,
ac eundem dominum Alexandrum, vicarium antedictum, in realem, actualem, et
corporalem possessionem eiusdem Croft Dawe, nomine quo supra, induxit
pariter et inuestiuit, nemine impediente, seu contradicente. Super quibus
omnibus et singulis prefatus dominus Alexander Zoung a me notario publico
subscripto sibi fieri peciit publicum seu publica instrumentum seu instru-
menta Vnum seu plura. Acta erant hec circiter horam decimam ante me-
ridiem super fundo huiusmodi Croft Dawe, sub anno, mense, die, indictione, et
pontificatu quibus supra; presentibus ibidem magistro Barnardo Zule,
Gilberto Ramsay, Thoma Stewart, et Duncano Maknothac, cum diuersis
aliis testibus ad premissa rogatis et requisitis.
Et ego, Gawinus Logye, artium magister, clericus Sanctiandree diocesis,
apostolica auctoritate notarius publicus, quia premissis [etc., in forma
communi..]
43. NOTARIAL COPY of CHARTER by ALEXANDER STEWART of Garntulye, to the
Curate of the Church of St. Mary of Grantulye, and his successors,
3d June 1533.
VNIUERSIS sancte matris ecclesie filiis, tam presentibus quam futuris, Alex-
ander Stewart dominus de Garntulye, salutem : Sciatis tam presentes quam
futuri, me cum consensu et assensu Thome Stewart, filij mei dilecti et appar-
K
74 CHARTERS. [1533.
entis heredis, dedisse, concessisse, et hac presenti carta mea confirmasse Deo,
et gloriose eius matri beate Marie, Sanctisque Andree, apostolo, Adamnano ac
Beano, confessoribus, et capellano idoneo curato personaliter residenti et
diuina celebranti in ecclesia beate Marie de Grantulye, necnon diuina
sacramenta irreprehensibiliter et sine querela parrochanis eiusdem cum
omnibus appendiciis de Grantulie deuote decenterque ministranti, totam
illam terram meam, que Croft Dawe w!gariter appellatur, iacentem iuxta
maneriem mean de Petquharne intra orrea eiusdem ad occidentem de duabus
marcatis terre proximis maneriei [de] Petquharne ad Orientem in baronia de
Grantulye, infra vicecomitatum de Perth, in longitudine et latitudine prout
sequitur, in latitudine ab Oriente ad occidentem ducentarum et quadraginta
vlnarum, hoc est, duodecim ly Scoir vlnarum, et ab austro ad boriam totidem
vlnarum, hoc est, duodecim lie Scoir vlnarum, et in toto circuitu septinginta
vlnarum, hoc est, septies centum vlnas, continentem, ita quod vnaqueque
mensura centenaria contineat Sex lie Scoir vlnarum, cum libero introitu et
exitu ad intus et extra predictam glebam, cum pastura duodecim lie Suermis
animalium suorum, bouſulm, Ouium, aut caprarum, cum domesticis auibus, in
pratis, pascuis, moris, et montibus, in estate et hyeme, sicut pascuntur ani-
malia dominorum de Grantulie, lie Scheling et huiusmodi pasturis; etian cum
libera potestate effodiendi glebas, turbas, lie hadder et pettas in montibus,
moris, et petariis totius dominii de Grantulie predicto curato et tribus suis
seruis, et inducendi ad dictam Suam glebam seu maneriem discrete sufficienti-
bus; cum suis omnibus asiamentis et libertatibus, commoditatibus et emoli-
mentis quibuscumque, tam nominatis quam non nominatis, tam subtus terra
quam supra terram, tam prope quam procull, adeo libere et quiete, pacifice et
honorifice possedendam in perpetuam et puram eliemosinam, sicut aliqua
terra ecclesiastica possidetur et tenetur in toto regno Scocie, pro suffragiis per
dictum curatum fiendis pro statu Vniuersalis ecclesie, inuictissimi regis nostri
1538.] CHARTERS. 75
Jacobi quinti et Sui regni felici successu, pro salute anime mee et anime
Margarete Murray, mee sponse, necnon pro animabus Thome Stewart, filij
mei et apparentis heredis, et Margarete Murray eiusdem sponse, et pro ani-
mabus heredum nostrorum, et omnium viuorum prosperitate, ac salute fidelium
defunctorum. In cuius rei testimonium sigillum meum proprium, vnacum
sigillo Thome Stewart, filij mei et heredis, presenti carte mee sunt appensa,
apud Petquharne, die tertio mensis Junij, anno Domini millesimo quingen-
tesimo trigesimo tertio; coram his testibus, magistris Gavino Logy et Bar-
nardo Zule, Gilberto Ramsay et Johanne Watsoune, cum diuersis aliis.
Hec estuera copia principalis carte collacionata per me cum eaderm, et ab
ea in nullo discrepans quod substantie naturam mutare possit.
Ita est, Gawinus Logye notarius publicus scripsit.
44. PROCURATORY by ALEXANDER STEwART for resigning the lands of Garn–
tulie, Kiltulie, and others, in favour of THOMAS STEWART, his son and
apparent heir. 1st March 1538.
ExCELLENTISSIMO ac serenissimo principi et domino nostro metuendissimo,
domino Jacobo quinto Dei gracia Scottorum Regi inuictissimo, vester humilis
liegius et seruitor, Alexander Stewart de Garntulie, omni cum Subiectione,
famulatu, et promptitudine seruiendi: Ad sursum reddendum, pureque et
simpliciter per fustim et baculum resignandum, quiteclamandum, ac libere
deliberandum, pro me et heredibus meis, in manibus vestre regie maiestatis,
tanquam in manibus domini mei superioris, totas et integras terras meas de
Garntulie, Kiltulle, Tullochcrosk, Pettoquharne, cum omnibus dependentiis et
pertinentiis earundem, jacentes infra vicecomitatum de Perth, quas de vobis
teneo in capite, honorabiles viros, magistros Henricum Lauder, Willelmum
Steward, rectorem de Cothauem, Gilbertum Moncreif, et eorum quemlibet,
76 -* CHARTERS. [1538.
coniunctim et diuisim, meos veros, legitimos, indubitatos et irreuocabiles pro-
curatores facio, constituo, et irreuocabiliter Ordino, eisque et eorum cuilibet,
coniunctim et diuisim, ad hujusmodi perficiendum, meam plenariam et irreuo-
cabilem potestatem ac mandatum speciale do et concedo, per presentes ; quas
etiam terras cum pertinentijs ego dictus Alexander, non vi aut metu ductus,
mec errore lapsus, seu dolo circumuentus, sed mea pura, libera, et spontanea
voluntate in manibus vestre regie maiestatis, tanquam in manibus domini mei
superioris earumdem, per has meas literas procuratorij et resignationis sursum
reddo, et per fustim et baculum tenore presentium resigno, ac totum jus et
clameum, proprietatem et possessionem, que et quas in et ad dictas terras
cum pertinentijs habui, habeo, seu quouismodo in futurum habere potero, pro
me et heredibus meis quiteclamo imperpetuum, in fauorem Thome Stewart,
filij et heredis apparentis mei, pro vestris carta et infeodatione sub vestro
magno sigillo sibi, et heredibus suis masculis de dictis terris cum pertinentijs
dandis et conferendis; et generaliter [ad] omnia alia et singula faciendum ger-
endum dicendum et exercemdum, que ad officium procuratoris in premissis de
jure seu regni consuetudine dinoscuntur pertinere, et que egomet facerem seu
facere possem si presens personaliter interessem : Ratum et gratum, firmum
atque stabile habens et habiturus totum et quicquid predicti mei procuratores,
aut eorum aliquis, coniunctim et diuisim, nomine meo in premissis seu pre-
missorum aliquo rite duxerint seu duxerit faciendum, sub ypotheca et obliga-
tione omnium bonorum meorum, mobilium et immobilium, presentium et
futurorum : Reseruando nicholominus et reseruato libero tenemento omnium
et singularum prefatarum terrarum de Garntulie, Kiltulie, Tullochcrosk,
Pettoquharne, cum omnibus dependentijs et pertinentijs earumdem, pro toto
tempore vite mee. In cuius rei testimonium sigillum meum proprium, vnacum
mea subscriptione manuali, presentibus est appensum, apud Garntulie, primo
die mensis Marcij, anno Domini millesimo quingentesimo trigesimo octauo ;
1538.] CHA RTERS.
7
7
coram hiis testibus, Andrea Stewart, Roberto Flemyng, Domaldo Simsoun,
domino Thome Brovne, notario publico, cum diuersis aliis.
ALEXR STEWART, Wytht my hand at the pen.
Ita est, dominus Thomas Broune, notarius ad premissa, etc.*
45. CHARTER by KING JAMES V. to THOMAS STEWART, of the lamds of Garn-
tulie, Kiltulie, Tullochcrosk, and PittOquaharne, erected into the free
barony of Garntulie. 14th March 1538.
JACOBUS Dei gracia Rex Scotorum, omnibus probis hominibus tocius terre sue,
clericis et faicis, salutem : Sciatis nos nostras post perfectam viginti quinque
annorum etatem completorum reuocationemque generalem dedisse, conces-
sisse, et hac presenti carta nostra confirmasse hereditarie dilecto nostro Thome
Stewart, filio et apparenti heredi Alexandri Stewart de Garntulie, et heredibus
suis subscriptis, omnes et singulas terras de Garntulie, Kiltulie, Tullochorosk,
Pittoquharne, cum omnibus suis pendiculis et pertinentiis, jacentes imfra
vicecomitatum nostrum de Perth ; quequidem terre cum suis pertinentiis
fuerunt dicti Alexandri perprius hereditarie, et quas idem, per fustem et
baculum et procuratores suos ad hoc legitime constitutos et literas suas
patentes, in manibus nostris apud Linlithgow sursum reddidit, pureque et
simpliciter resignauit, ac totum ius et clameum que in eisdem habuit seu
habere potuit, pro se et heredibus suis, omnino quieteclamauit imperpetuum :
Insuper pro bono fideli et gratuito seruicio nobis per dictum Thomam im-
penso, ac pro alijs racionalibus causis mos mouentibus, ex potestate nostra
regia et auctoritate regalivnimus, annectimus, creamus et incorporamus omnes
' In virtue of this procuratory, resignation presence of the Earl of Argyll, Gordon of
was made of the landls of Garntullie and Gyeht, am(l Mr. John Moncreif, Prior of Blan-
others,'in the hands of King James V., at his tyre, and other witnesses.
palace of Limlithgow, om 14th March 1538, in
78 CHARTERS. [1538.
et singulas prefatas terras de Garntullie, Kiltulie, Tullochcrosk et Pitto-
quharne, cum omnibus suis pendiculis et pertinentijs, in Vnam integram et
liberam baroniam, omni tempore affuturo baroniam de Garntulie nuncupan-
dam, ordinantes manerium de Garntulie fore principale messuagium dicte
baronie: Ac volumus, concedimus, et, pro nobis et successoribus nostris pro
perpetuo, decernimus et ordinamus quod Sasina nunc per dictum Thomam
apud principale messuagium dicte baronie, videlicet, apud Garntulie, et per
eius heredes, omni tempore affuturo, capienda, stabit et sufficiet pro Omnibus
et singulis predictis terris et baronia, tanquam partibus et pendiculis eiusdem,
absolue aliqua alia speciali aut particulari Sasina, per dictum Thomam aut
eius heredes super solo dictarum terrarum, aut aliqua parte earundem, in
futurum Sumenda : Ac etiam tenore presentis carte nostre damus et concedi-
mus dicto Thome totum jus, titulum, interesse et juris clameum que nos, mostri
predecessores, aut successores habuerunt, habuimus, habemus, Seu quouismodo
habere vel clamare poterimus vel poterint, in et ad predictas terras et baro-
niam, aut aliquam partem earundem, firmas, proficua, et deuoria ipsarum,
ratione eschaete, forisfacture, recognitionis maioris partis, alienationis, pur-
presture, disclamationis, heredum nonintroitus, aut alias quouismodo pro
quibuscunque actione aut causa preteritis; ac exoneramus, quieteclamamus et
renunciamus eisdem imperpetuum, cum Suplemento omnium defectuum, tam
mon nominatorum quam nominatorum, quos pro expressis in hac presenti
carta nostra habere volumus : Tenendas et habendas omnes et singulas pre-
fatas terras de Garntulie, Kiltulie, Tullochcrosk, et Pittoquharne, cum omnibus
suis pendiculis et pertinentiis, nunc vnitas et annexatas in Vnam integram
et liberam baroniam, omni tempore affuturo baroniam de Garntulie, ut pre-
mittitur, nuncupandam, dicto Thome etheredibus suis masculis quibuscunque,
de nobis et nostris successoribus in feodo et hereditate ac libera baronia im–
perpetuum, per omnes rectaS metas Suas antiquas et diuisas, prout iacent in

1538.] CHARTERS. 79
longitudine et latitudine, in boscis, forestis, planis, moris, marresijs, vijs,
Semitis, aquis, stagnis, riuolis, pratis, pascuis et pasturis, molendinis, multuris
et eorum sequelis, aucupationibus, venationibus, piscationibus, petarijs, tur-
barijs, carbonarijs, lignis, lapicidijs, lapide et calce, fabrilibus, brasinis, bru-
erijs, et genestis, cum furca, fossa, Sok, Sak, thole, theme, infangtheif, outfang-
theif, pitt et gallous, cum vert et venisoun, cum curijs et earum exitibus,
herezeldis, bludewitis, et mulierum marchetis, cum communi pastura, libero
introitu et exitu, ac cum omnibus alijs et singulis libertatibus, commoditati-
bus, proficuis et asiamentis, ac justis pertinentijs suis quibuscumque, tam
non nominatis quam nominatis, tam Sub terra quam Supra terram, procul
et prope ad predictas terras cum pendiculis et pertinentiis spectantibus,
seu iuste spectare valentibus quomodolibet in futurum, libere, quiete,
plenarie, integre, honorifice, bene et in pace, et adeo libere, in omnibus et
per omnia, sicut dictus Alexander vel predecessores Sui predictas terras
nunc vnitas in vnam baroniam, vi premittitur, de nobis vel predecessori-
bus nostris, ante dictam resignationem nobis inde factam, liberius tenuit
seu possedit, tenuerunt seu possederunt : Faciendo inde annuatim prefatus
Thomas et heredes sui masculi predicti, nobis et nostris successoribus,
seruicium de dictis terris et baronia cum pertinentijs, ante dictam re-
signationem nobis debitum et consuetum : Reseruato nichilomimus libero
tenemento omnium et singularum predictarum terrarum et baronie cum
pertinentijs prefato Alexandro, pro toto tempore vite sue. In cuius rei
testimonium huic presenti carte nostre magnum sigillum nostrum apponi
precepimus; testibus, reuerendissimo reuerendoque in Christo patribus,
Gawino archiepiscopo Glasguensi, cancellario nostro, Henrico episcopo Can-
didecase, nostreque capelle regie Striuelingensis, dilectis nostris fratre et
consanguineis, Jacobo Morauie comite etc., Archibaldo comite Ergadie,
domino Campbell et Lorne, etc., Malcolmo domino Fleming, magno camerario
80 CHARTERS. [1540.
nostro, dilectis familiaribus nostris, Thoma Erskin de Brechin, milite, secre-
tario nostro, Jacobo Kirkcaldy de Grange, thesaurario nostro, Magistris
Jacobo Foulis de Colintoun, nostrorum rotulorum registri et consilij clerico,
et Thoma Bellenden de Auchnolinshill, nostre cancellarie directore, apud
Linlithquow, decimo quarto die mensis Marcij, anno Domini millesimo quin-
gentesimo trigesimo octauo, et regni nostri vicesimo Sexto.
46. FEU-CHARTER by SIR WALTER YOUNG, chaplain of the altar of St. Michael,
in the diocese of Dunkeld, to THOMAS LINDSAY and MARGARET COCH-
RANE, his spouse, of the lands of Wester Balnagard. 25th July 1540.
OMNIBUS hanc cartam visuris vel audituris, dominus Walterus Zoung, capel-
lanus altaris et capellanie perpetue beati Michaelis archangeli, Dunkeldensis
diocesis, salutem in omnium Salvatore : Quia regni Scotie retro principes
diuersi in Parliamentis suis cum tribus regni Sui statibus super republica
eiusdem mutuo disceptantes, terras Regis et aliorum prelatorum, dominorum
temporalium, comitum, baronum, ceterorumque quorumcunque hominum
terras hereditarie possidentium in emphiteosim Seu feudifirmam absolue
suorum rentalium et commoditatum diminutione, prout cum tenentibus con-
uenire poterunt, per diuersa parliamentorum statuta et acta que nobis Scotis
pro legibus obseruanda Sunt, assedandas fore decreuerunt, opinantes perinde
commoda non modica, ut policie honesta edificia, terrarum nouas culturas, ster-
ilium meliorationes, arborum plantationes, piscium in aquis recentibus et per
stagna nutritiones, columbariorum, Ortorum, viridariorum et cuniculariorum
constructiones, ac tenentium possessorum huiusmodi terrarum sic in emphi-
teosim seu feudifirmam locatarum in rebus mobilibus ditationes, ac armorum
et rerum bellicarum prouisiones pro regis et regni contra veteres hostes seu
alios quoscunque inuaSores defensione, ex firma spe remanendi cum tene-
1540.] CHARTERS. 8 |
mentis suis, et illis per se et heredes Suos pro perpetuo gaudendi, regi
et regno prouenire, reipubliceque saluti apprime proficere: Ego, igitur, sta-
tuta et leges prescriptorum principum et regum veterumque maiorum
meorum opinans et firmiter sciens toti regno et eiusdem incolis esse
maxime perutiles, easdem nedum, Sed et Sacros canones qui de terris eccle-
siasticis perpetuam emphiteosim permittunt, insequens certas terras meas
suadentibus premissis in feudifirmam locare statui : Noueritis, igitur, me, cum
consensu et assensu reuerendi in Christo Patris et domini, domini Georgij,
permissione diuina, Dunkeldensis episcopi, ac canonicorum et capituli eiusdem,
ad hoc capitulariter congregatorum, meorum patronorum, vtilitate et commodo
mei et successorum meorum Vndique preuisis et consideratis, diligenti tractatu
et matura deliberatione prehabitis, ac pro policia in regno habenda, et mei
rentalis augmentatione, dedisse, concessisse, assedasse, arrendasse, locasse, et
ad feudifirmam Seu emphiteosim hereditarie dimisisse, et hac presenti carta
mea confirmasse, necnon dare, concedere, assedare, arrendare, locare, et ad
feudifirmam seu emphiteosim hereditarie dimittere, et hac presenti carta mea
confirmare, dilectis meis Thome Lindesay et Margarete Cochrane eius coniugi,
et eorum alteri diutius viuenti, in coniuncta infeodatione, et heredibus suis
subscriptis, omnes et singulas terras meas de Wester Balnagard, quas ego
prefatus dominus Walterus nunc occupo, cum pertinentiis, jacentes in baronia
de Dunkeldin, infra vicecomitatum de Perth, extendentes annuatim in meo
rentali in firma, grassuma, et Omnibus aliis proficuis ipsis inuicem computatis
ad quinquaginta solidos monete Scotie, Vnam bollam ordei, et unam bollam
auenarum, pro multura molendini mei de Tulipowny, et Vnum lee cowdeich
solitum, si petatur tantum : Tenendas et habendas omnes et singulas prefatas
terras de Wester Balnagard, cum pertinentijs, dictis Thome et Margarete eius
coniugi, et eorum alteri diutius viuenti, in coniuncta infeodatione, et heredibus
masculis inter ipsos legitime procreatis seu procreandis, quibus deficientibus,
I,
82 CHARTERS. [1540.
seniori heredum Suarum feminearum inter ipsos procreatarum seu procrean-
darum, quibus deficientibus, legitimis et propinquioribus heredibus masculis
dicti Thome quibuscumque, quibus deficientibus, Seniori heredum Suarum
feminearum cuicunque, absºlue diuisione predictarum terrarum, de me et
successoribus meis, dicti capellanie capellanis, in feudifirma Seu emphiteosi, et
hereditate imperpetuum, per Omnes rectas metas Suas antiquas et diuisas,
prout iacent in longitudine et latitudine, in boscis, planis, moris, marresijs,
vijs, semitis, aquis, stagnis, riuolis, pratis, pascuis, pasturis, molendinis, mul-
turis, et eorum sequelis, aucupationibus, venationibus, piscationibus, petarijs,
turbarijs, carbonibus, carbonarijs, cuniculis, cunicularijs, columbis, colum-
barijs, pomis, pomerijs, fabrilibus, brasinis, bruerijs, genestis, domibus, edifi-
ciis, ortis, tignis, lignis, lapicidijs, lapide et calce, cum curijs et earum exiti-
bus, herezeldis, et mulierum marchetis, cum communi pastura, libero introitu
et exitu, ac cum omnibus alijs et singulis libertatibus, commoditatibus, pro-
ficuis, asiamentis, ac iustis pertinentijs suis quibuscunque, tam non nominatis
quam nominatis, tam Subtus terra quam Supra terram, procul et prope, ad
predictas terras cum pertinentijs spectantibus, seu iuste spectare valentibus
quomodolibet in futurum, libere, quiete, plenarie, integre, honorifice, bene et
in pace, sine aliquo impedimento, reuocatione, contradictione, aut obstaculo
aliquali: Reddendo inde annuatim dicti Thomas et Margareta, ejus coniumx,
et eorum alter diutius viuens, et heredes sui suprascripti, michi et succes-
Soribus meis, dicte Capellanie Capellanis, summam trium librarum et decim
solidorum monete predicte, ad duos anni terminos, Penthicostes, videlicet, et
Sancti Martini in hieme, per equales portiones, Vnam bollam ordei, et Vnam
bollam auenarum, et Vnum lee Cowdeich solitum, si petatur tantum, ad ter–
minos Solitos et consuetos, nomine feudifirme, in augmentationem mei rentalis
annuatim ad summam viginti Solidorum, necnon reddendo michi et meis
successoribus tres Sectas annuatim ad tria placita capitalia per nos aut nostros
1540.] CHARTERS. 83
balliuos super terris de Tulipowne tenenda, tantum pro omni alio onere,
exactione, questione, demanda, seu Seruitio Seculari, que de predictis terris
cum pertinentijs per quoScunque iuste exigi poterunt, quomodolibet, vel
requiri: Et ego uero prefatus dominus Walterus Zoung et successores mei,
cum consensu et assensu prefati reuerendi patris ac canonicorum antedic-
torum, omnes et singulas prefatas terras de Wester Balnagard, cum pertin-
entijs dictis Thome et Margarete, eius coniugi, et eorum alteri diutius viuenti,
in coniuncta infeodatione, et heredibus suis Suprascriptis, in omnibus et per
omnia, forma pariter et effectu, ut premissum est, contra omnes mortales
warrantizabimus, acquietabimus, et imperpetuum defendemus. In cuius
rei testimonium sigillum meum, Vnacum mea subscriptione manuali
necnon sigillo et subscriptione manuali prefati reuerendi patris, ac etiam
sigillo communi prefati capituli, et Subscriptionibus manualibus canoni-
corum eiusdem, in signum, eorum consensus ad premissa, presentibus est
appensum apud Dunkeldin, vicesimo quinto die mensis Julij, anno Do-
mini millesimo quingentesimo quadragesimo, coram his testibus, domino
Joanne Donaldsoun, domimo Andrea Bell, Magistro Willelmo Crechtoun,
Joanne Banerman, domino Thoma Mureheid, Joanne Blair, Alexandro Linde–
say, Georgio Ireland, et Magistro Willelmo Fairfowle, cum diuersis aliis.
G. DüKss. Eps.
WALTERUS ZOWNG, manu propria.
Jacobus Hepburn, decanus. Alexander Annand de Forgundyny.
Marcus Ker, Precentor. Thomas Broun de Inchmagranocht.
Wilelmus Douglas, Cancellarius. Simon Young de Capeth.
Dauid Meldrum, Archidiaconus. Jacobus Lauder de Fardischaw.
Alexr. Arskin, Sub-decanus. Jacobus Lyn de Abberladie.
Michael Walcar de Monythy. Robertus Grahayme de Alycht.
84 CHARTERS. - [1540.
47. LETTERS by CARDINAL ANTONIUS, Penitentiary of POPE PAUL III., to
the Precentor, Archdeacon, and JOHN MELDRUM, Canon of Brechin,
to confirm a Charter by WALTER ZOUNG, Chaplain of St. Michael of
Dunkeld, to THOMAS LYNDESAY and MARGARET COCHRAN, of the lands
of Wester Ballyngard. 21st September 1540.
ANTONIUS, miseratione diuina, titulo Sanctorum Quattuor Coronatorum, pres–
byter, cardinalis, discretis viris, precentori et archidiacomo, ac Johanni Meldrum,
canonico ecclesie Brechinensis, salutem in Domino : Hijs que pro ecclesiarum
et aliorum beneficiorum ecclesiasticorum commodo et vtilitate prouide facta
fuisse noScuntur, vt perpetuo firma et illibata persistant, Sedes Apostolica, cum
ab ea petitur, libenter apostolicam mandat adiici firmitatem, exhibita, siquidem
nobis muper pro parte Thome Lyndesay, laici, et Margarete Cochran mulieris,
coniugum, Sanctiandree vel alterius diocesis, petitio continebat quod alias
Walterus Zoung, cappellanus cuiusdam beneficijaltaris et cappellanie perpetue
beati Michaelis Archangeli, nuncupati Dunkeldensis diocesis, de consensu
venerabilis in Christo patris, domini Georgij Dei gratia episcopi et capituli
ecclesie Dunkeldensis dicte cappellanie, patronorum ad id capitulariter con–
gregatorum, vtilitate dicti Walteri et suorum in dicta cappellania successorum
vndique preuisa et considerata, diligentigue tractatu et matura deliberatione
prehabitis pro politia regni Scotie et augmentatione rentalis dicte cappellanie,
omnes et singulas terras de Wester Ballyngard nuncupatas, quas dictus
Walterus tune possidebat in baronia de Dunkel, infra vicecomitatum de Perth,
cum suis pertinentiis, et forsan alias iuxta Suos confines consistentes ad dictam
cappellaniam legitime pertinentes, ex quibus dictus Walterus et pro tempore
existens cappellanus dicte cappellanie Summam duarum librarum et decem
solidorum monete in dicto regno cursum habentis, necnon Vnam auenarum et
1540.] CHARTERS. 8
5
pro multura molendini de Tulypowry nuncupati ad dictam cappellanian
similiter pertinentis, alteram vero ordei bollas, et Vnum coldeich solitum,
donarium nuncupatum, si peteretur, prius percipere consueuerat, dictis Thome
et Margarite coniugibus, ac eorum alteri superuiuenti, in coniuncta infeu-
datione, et heredibus masculis inter eos legitime procreatis et procreamdis, et
illis deficientibus, seniori heredum feminearum inter eos procreatarum et pro-
creandarum, et illis deficientibus, legitimis et propinquioribus heredibus
masculis dicti Thome quibuscumque, ac illis similiter deficientibus, seniori
heredum Suarum feminearum Cuicumque, abs(ſue diuisione predictarum ter–
rarum; de Waltero et successoribus prefatis in feudifirma seu emphiteosiac
hereditate in perpetuum tenendas et habendas, per omnes rectas metas suas
antiquas et diuisas, prout iacebant in longitudine et latitudine, cum omnibus
et singulis libertatibus, commoditatibus, ac iustis pertinentiis, tam non no-
minatis quam nominatis, tam subtus terra quam supra terram, ad predictas
terras spectantibus, seu iuste spectare valentibus quomodolibet in futurum,
libere, quiete, integre, et pacifice, sine impedimento, reuocatione, aut contra-
dictione aliqualibus, sub annuo canone siue censu trium librarum et decem
Solidorum dicte monete, necnon vnius ordei et alterius bollarum auenarum, et
wnius, si peteretur, coldeich, donarijnuncupati, hujusmodi valorem vnius libre
sterlingorum insimul non excedentium, dicto Waltero, et pro tempore exist-
enti cappellano dicte cappellanie, per Thomam et Margaritam, coniuges, et
eorum alterum superuiuentem, ac heredes predictos pro vna, videlicet, in
pentecostes, et alia medietatibus dicti annui canonis pecuniarij in Sancti
Martini episcopi hyemalis festiuitatibus bollarum, vero et si peteretur, donarij
hujusmodi censu, in terminis solitis, annis singulis, integre Soluendo ; quoddue
exponentes et heredes prefati, tres sectas ad tria placita capitalia per Wal-
terum et successores predictos ad dictum altare cappellanos, aut Suos balliuos
super terris prefatis pro tempore tementes, prestarent; ipsi vero Walterus et
86 CHARTERS. [1540.
Successores, Omnes et singulas terras cum pertinentijs hujusmodi, Thome et
Margarete coniugibus, et eorum alteri Superuiuenti, in dicta infeudatione, et
heredibus prefatis, in omnibus et per omnia, forma pariter et effectu, vt pre-
missum est, contra omnes mortales warantizare, acquietare, et in perpetuum
defendere tenerentur, ac forsan, sub certis alijs pactis, legibus, et conditionibus
tunc expressis, saluo dicte Sedis beneplacito, dedit, concessit, arrendaluit,
locauit, et in feudifirmam seu emphiteosim huiusmodi hereditarie dimisit,
prout in eius charta aut alijs literis auctenticis desuper confectis plenius
dicitur contineri: Cum autem, sicut eadem subiungebat petitio, datio, Con-
cessio, arrendatio, locatio, et dimissio hujusmodi in euidentem cesserint et
cedant dicte cappellanie vtilitatem, cupiatgue propterea dictus exponens
illas pro earum subsistencia firmiori Apostolice confirmationis munimine
roborari, supplicari fecerunt humiliter sibi super his per Sedem predictam de
opportuno remedio misericorditer prouideri: Nos, igitur, de premissis certam
notitiam non habentes, ac omnium et singularum terrarum et pertinentiarum
huiusmodi situationes, confines, veros annuos valores, qualitates, quantitates,
et circumstantias ac veriora vocabula, necnon charte seu litterarum
predictarum aliorumque hic latius de necessitate exprimendorum tenores,
presentibus pro plene et sufficienter expressis habentes ac attend-
entes, quod, in his in quibus ecclesiarum et aliorum beneficiorum
ecclesiasticorum euidens procuratur vtilitas, fauorabiles esse debemus atque
benigni, auctoritate domini pape, cuius penitenciarie curam gerimus, et
de eius speciali mandato super hoc viue vocis oraculo nobis facto, discre-
tioni vestre committimus, et mandamus quatemus Vos, vel duo vestrum con-
iunctim, procedentes, Waltero, necnon domino Georgio episcopo et capitulo
predictis, et dicta ecclesia Dunkeldensi, per eiusdem Georgij episcopi cessum
vel decessum, aut alias, ante presentium exeguutionem, pastoris solatio desti-
tuta, dicto capitulo dumtaxat vocatis, de datione, concessione, arrendatione
1540.] O'HARTERS. 87
locatione, et dimissione premissis, diligenter vos informetis, et si per infor-
mationem eandem quod ille in euidentem cappellanie predicte viilitatem
cesserint et cedant repereritis, super quibus conscientiam Vestram Oneramus,
easdem dationem, concessionem, arrendationem, locationem, et dimissionem,
ac, prout illas concernunt, omnia et singula in charta Seu litteris predictis
contenta et inde sequuta, quecundue licita tamen et honesta, apostolica
auctoritate approbetis et confirmetis, eisque perpetue firmitatis robur adiiciatis,
ac ea valida et efficacia existere, Suosque effectus Sortiri et perpetuo inuio-
labiliter obseruari, sicque per quoScunque judices quauis auctoritate fungentes,
sublata eis et eorum cuilibet quauis aliter iudicandi et interpretandi facultate
et auctoritate, iudicari et diffiniri debere, et quicquid secus attemptari conti-
gerit, irritum et inane decernatis, Omnesque et singulos, tam iuris quam facti,
defectus, si qui forsan interuenerint, in eisdem suppleatis, non obstantibus
premissis ac felicis recordationis Pauli pape ij de rebus ecclesiasticis non
alienandis, necnon quibusuis alijs apostolicis ac in prouincialibus et synodali-
bus concilijs editis, generalibus vel specialibus constitutionibus et ordina -
tionibus, ac ecclesie Dunkeldensis et cappellanie predicte etiam juramento
confirmatione apostolica vel quauis firmitate alia roboratis, statutis et consue-
tudinibus, priuilegijs quoque indultis, et litteris apostolicis eisdem ecclesie et
cappellanie, acillorum Superioribus et personis, sub quibuscunque tenoribus
et formis, ac cum quibusuis etiam derogatoriarum derogatorijs, alijsque effica-
cioribus et insolitis clausulis irritantibus, et alijs decretis etiam iteratis vici-
bus concessis, approbatis et innouatis; quibus Omnibus tenores illorum, ac si
de verbo ad verbum, nichil penitus omisso, insererentur presentibus pro
sufficienter expressis, et formam in illis traditam pro in indiuiduo obseruata
habentes, illis alias in Suo robore permansuris, hac vice duntaxat Specialiter et
expresse derogamus, ceterisque contrariis quibuscunque : Volumus autem
quod, quatenus ecclesia Dunkeldensis hujusmodi ante presentium exeguu-
88 CHARTERS. [1541.
tionem vacauerit, ut prefertur, michilominus vos vel duo vestrum ad premis-
sorum exequutionem, etiam postquam eidem ecclesie de successore prouisum
fuerit, procedere possitis, ac si arrendatio hujusmodi de dicti Georgij episcopi
successoris consensu facta fuisset, seu ipse Georgius episcopus vsque ad
dictam executionem superuixisset. Datum Rome, apud Sanctum Petrum,
sub sigillo officij penitenciarie, xj Kalendas Octobris pontificatus Domini
Pauli pape iij ammo sexto.
48. LETTERS by CARDINAL ANTONIUS, Penitentiary of Pope Paul. III., to the
PRIOR OF PETTYNWEYM and others, to confirm a grant by ALEXANDER
ERSKYN, sub-deam of Dunkeld, to ALEXANDER ABERCRUMMY of Murthlie,
of the lands of Slogymhoile and Colrau and others. 4th October
1541.
ANTONIUS, miseratione diuina, titulo Sanctorum Quattuor Coronatorum, presby-
ter, cardinalis, discretis viris, priori monasterij de Pettynweym, Sancti Andree
diocesis, et decano Lesmorensis ac archidiacono Rossensis ecclesiarum, salutem
in Domino : His que pro quarumlibet ecclesiarum presertim cathedralium ac
aliorum beneficiorum ecclesiasticorum commodo et vtilitate prouide facta
fuisse noscuntur, vt perpetuo firma et illibata persistant, Sedes Apostolica, cum
ab ea petitur, libenter apostolicam mandat adiici firmitatem, exhibita siquidem
nobis nuper pro parte Alexandri Abercrummy de Murthlie, clerici vel laici
dicte vel alterius diocesis, petitio continebat quod alias Alexander Erskyn,
subdecanus ecclesie Dunkeldensis, cum consensu venerabilis in Christo
patris, domini Georgii episcopi Dunkeldensis, nec non decani et canonicorum
capituli dicte ecclesie Dunkeldensis ad id capitulariter congregatorum, eius-
dem Alexandri subdecani ac suorum in subdecanatu dicte ecclesie Dunkeld-
ensis successorum vtilitate vndique preuisa et pensata, diligentique tractatu et
1541.] CHARTERS. 89
matura deliberatione desuper prehabitis, pro augmento annui redditus dicti
subdecanatus, et forsan ex nonnullis alijs rationabilibus causis, Omnes et
singulas terras de Slogynhoile et Colrau nuncupatas, et partem dicti Sub-
decani de Murthlie maneriei ipsius Alexandri exponentis contigue adjacentem,
vna cum vniuersis et singulis decimis tam rectorie quam vicarie earundem
terrarum, cum suis pertinentijs, que eatenus ab eisdem terris et earum fructi-
bus principalibus seu trunco minime separari Solebant, Vnacum piscatura
earundem terrarum, Pot et Elmtre ac Lyne, Super aqua de Taya situata, nec–
non pastura animalium in moro de Forne nuncupato, cum alijs necessarijs,
que dictus Alexander, Subdecanus, et predecessores Sui, eorumque tenentes de
dictis terris tune habuerunt, et habere possent, aut Saltem habere pretenderent,
in dicto moro intra baroniam Dunkeldensem et vicecomitatum de Pertht; et
forsan alias iuxta Suos confines consistentes, ad dictum subdecanatum legitime
pertinentes, ex quibus dictus Alexander, et pro tempore existens subdecanus
dicte ecclesie Dunkeldensis summam vigintivnius marcharum monete in regno
Scotie cursum habentis, prius annuatim percipere consueuerat, dicto Alexan-
dro exponenti, et heredibus suis masculis, de corpore suo legitime procreatis
seu procreandis, et illis deficientibus, seniori heredum Suarum feminearum
absºlue diuisione ; per eos de Alexandro subdecano et successoribus predictis,
in feodifirma et hereditate in perpetuum tenendas et habendas, per omnes
rectas metas Suas nouas antiquas et diuisas, prout iacebant in longitudine et
altitudine, ac domibus et edificijs, nec non cum omnibus et singulis alijs
libertatibus et commoditatibus, et justis pertinentijs suis quibuscunque, ad
terras et decimas, tam rectorie quam vicarie, ac piscaturam et pasturam
hujusmodi, spectantibus, Seu juste spectare valentibus quomodolibet, in
futurum, libere, quiete, integre, pacifice, sine impedimento, reuocatione, aut
obstaculo aliqualibus, Sub annuo canone siue censu viginti quatuor marchar-
um similium, Valorem annuum trium librarum sterlingorum vel circa con-
M
90 CHARTERS. [1541.
stituentium, Alexandro subdecano et successoribus predictis, per Alexandrum
exponentem et heredes prefatos pro vna, videlicet, in Penthecostes et alia
medietatibus annui canonis siue census hujusmodi in Sancti Martini episcopi
hiemalis festiuitatibus, annis singulis, integre persoluendo; quodque si con-
tingeret Alexandrum exponentem aut heredes predictos eorum culpa in solu-
tione dicti census deficere, sic quod vnus terminus in alterum incideret, aut
per quindecim dies depost tunc, eo casu, ipso facto, a jure infrascripte loca-
tionis caderent ; prouiso itaque quod si etiam contingeret terras cum pertin-
entijs hujusmodi aut earundem aliquam partem per forisfacturam aut alias
quouismodo Regie Maiestati adiudicari, voluit tunc idem Alexander sub-
decamus quod terre cum pertinentiis hujusmodi ad eum et successores predic-
tos libere reuerterentur ; insuper, quod Alexander exponens et heredes prefati
im curiis eorundem Alexandri subdecani et successorum per eos in terris dicti
subdecanatus singulis annis tenendis, cum ad easdem curias mom tamen vltra
tres per Alexandrum subdecanum et successores prefatos premoniti forent et
residentiam intra baroniam de Murthlie facerent personaliter se exhiberent :
ipsi vero Alexander subdecanus et successores, terras et decimas ac pisca-
turam et pasturam, cum pertinentijs, hujusmodi Alexandro exponenti et here-
dibus prefatis in omnibus et per omnia forma, pariter et effectu, ut premit.
titur, contra omnes mortales Waurantizare, acquietare, et im perpetuum
defendere, respectiue tenerentur, ac forsan sub certis alijs pactis, legibus, et
conditionibus, declarationibus, et limitationibus tunc expressis, saluo dicte
Sedis beneplacito, dedit, concessit, arrendauit, locauit, et in feudifirmam
hujusmodi seu emphiteosim perpetuo hereditarie dimisit, prout in eius carta
seu aliis literis auctenticis desuper confectis plenius dicitur contineri: Cum
autem, sicut eadem subiungebat petitio, datio, concessio, arrendatio, locatio,
et dimissio prefate in euidentem dicti subdecanatus vtilitatem cesserint et
cedant, cupiatque propterea dictus exponens illas pro earum subsistentia
1541.] CHARTERS. 91
firmiori apostolice confirmationis munimine roborari, supplicari fecit humiliter
sibi super his per Sedem predictam de opportuno remedio misericorditer pro-
uideri: Nos, igitur, de premissis certam notitiam non habentes ſac) singularum
terrarum et decimarum ac piscature et pasture cum pertinentijs hujusmodi
situationes, confines, veros annuos valores, qualitates, quantitates, et circum-
stantias et veriora vocabula, nec non charte seu litterarum predictarum alio-
rumque hic latius et necessitate exprimendorum tenores, presentibus pro plene
et sufficienter expressis habentes ac intendentes, quod in his in quibus sin–
gularum ecclesiarum et beneficiorum ecclesiasticorum euidens procuratur
vtilitas, fauorabiles esse debemus atque benigni, auctoritate domini pape,
cuius penitentiarie curam gerimus, et de eius speciali mandato super hoc viue
vocis Oraculo nobis facto, discretioni vestre committimus, et mandamus qua-
tenus vos, vel duo vestrum, coniunctim, procedentes, vocato dicto Alexandro
subdecano, et dicto subdecanatu per eius Cessum vel decessum, aut alias
quouismodo ante presentium exeguutionem vacante, eius in dicto subdecanatu
immediato successore, de datione, concessione, arrendatione, locatione et dimis-
sione, ac alijs premissis, vi prefertur, factis, diligenter vos informetis; et si
per informationem eandem quod ille in euidentem dicti Subdecanatus vtili-
tatem cesserint et cedant repereritis, Super quibus vestram conscientiam
Oneramus, easdem dationem, concessionem, arrendationem, locationem, et
dimissionem, ac prout illas concernunt, omnia et singula in charta seu litteris
predictis contenta et inde sequuta, quecunque licita tamen et honesta, apos-
tolica auctoritate approbetis et confirmetis, eisque perpetue firmitatis robur
adiiciatis, ac ea valida et efficacia existere, suosque effectus sortiri et perpetuo
inuiolabiliter obseruari, sicque per quoscunque judices quauis auctoritate
fungentes, sublata eis et eorum cuilibet quauis aliter judicandi et interpre-
tandi facultate et auctoritate, judicari et diffiniri debere, et quicquid secus
attentari contigerit, irritum et innane decermatis, omnesque et singulos, tam
92 CHARTERS. [1545.
juris quam facti, defectus, si qui forsan interuenerint, in eisdem suppleatis, non
obstantibus premissis, ac felicis recordationis Pauli pape ij de rebus ecclesias-
ticis non alienandis, nec non quibusuis aliis apostolicis ac in prouincialibus et
synodalibus concilijs editis, generalibus vel specialibus constitutionibus et
ordinationibus, ac ecclesie predicte etiam juramento aut confirmatione apos-
tolica vel quauis firmitate alia roboratis, statutis et consuetudinibus, priuile-
gijs quoque indultis, et litteris apostolicis eisdem ecclesie et capitulo ac
illorum superioribus et personis, sub quibuscunque tenoribus et formis, ac cum
quibusuis etiam derogatoriarum derogatoriis, aliisque efficacioribus et insolitis
clausulis irritantibus, aliisque decretis etiam iteratis vicibus concessis, appro-
batis, et innouatis; quibus omnibus tenores illorum, ac si de verbo ad verbum,
mihil penitus omisso, insererentur presentibus pro sufficienter expressis, et for-
mam in illis traditam pro indiuiduo observata habentes, illis alias in suo robore
permansuris, hac vice dumtaxat specialiter derogamus, ceterisque contrariis
quibuscumque. Datum Rome, apud Sanctum Petrum, sub sigillo officii
penitentiarie, iiij monas Octobris, pontificatus domini Pauli pape iij anno
septimo.
49. LETTERS OF REGRESs by QUEEN MARY, in favour of WILLIAM STEWART, of
the lands of Abirfaldy. 11th September 1545.
MARIA Dei gratia Regina Scotorum, vicecomiti et balliuis suis de Perth, salu-
tem : Quia dilectus noster Willelmus Stewart, filius et heres apparens Thome
Stewart de Garntuly, ac cessionarius et assignatus in et ad reuersionem pro
redemptione terrarum subscriptarum, per suam supplicationem nostri consilij
dominis exposuit, quod quondam Alexander Stewart de Garntuly, eius auus,
totas et integras terras de Abirfaldy, cum pertinentiis, jacentes infra baroniam
de Garntuly et balliam vestram, quondam Patricio Buttir de Gormok sub
1545.] CHARTERS. 93
reuersione certas pecunie Summas continente, vendidit et alienauit, veluti
ipsa reuersio dicto quondam suo auo facta, et assignatio Sibi Willelmo pro
redemptione dictarum terrarum confecta, latius proportant, quarum virtute
idem Willelmus, tanquam assignatus antedictus, prenominatas terras a
Johanne Butter de Gormok, filio fratris seu nepote ex fratre et herede dicti
quondam Patricij legitime redemit, qui easdem per dictum Willelmum legi-
time redemptas fore confessus est, actotum ius, clameum, et titulum que ipse
Johannes in et ad prescriptas terras habere poterit, renunciauit et extradon–
auit, prout autenticum instrumentum desuper captum et productum proportat,
vti latius in dicta sua supplicatione continetur; vobis igitur ex dictorum
dominorum deliberatione precipimus et mandamus quatenus prefato Willelmo
Stewart, tanquam assignato suprascripto, vel suo certo actornato, latori presen-
tium, Sasinam predictarum terrarum, Vt premittitur, redemptarum, cum suis
pertinentiis, Secundum tenorem dicte reuersionis, assignationis, instrumenti et
regressus antedictorum iuste haberi faciatis, et sine dilatione, et hoc nullo
modo omittatis. Datum sub testimonio nostri magni Sigilli, apud Sanctum-
andream, Vndecimo die mensis Septembris, anno Domini millesimo quingen-
tesimo quadragesimo quinto, et regni nostri tertio.
Ex deliberatione Dominorum consilij etc.
50. PROCURATORY OF RESIGNATION by WILLIAM STEWART, son of THOMAS
STEWART of Garrntulye, of the lands of Abirfaldy. 13th December
1545.
VNIUERSIS et singulis pateat per presentes me Willelmum Stewart, filium et
heredem apparentem honorabilis viri, Thome Stewart de Garrntulye, fecisse,
constituisse, nominasse, et Ordinasse, necnon tenore presentium facere, nomi-
nare, constituere, et Ordinare honorabiles viros et predilectOS meos, Johannem
94 - CHARTERS. [1545.
Hammiltone de Woidhall et Archibaldo Hammiltone, et eorum quemlibet
insolidum, coniunctim et diuisim, meos veros legitimos, indubitatos, etirreuoca-
biles procuratores, actores, factores, negotiorumque meorum gestores, dantem
et concedentem dictis meis procuratoribus, et eorum cuilibet, coniunctim et
diuisim, mean veram, legitimam et Omnimodam potestatem, ac mandatum
speciale et generale, ad comparendum coram Serenissima principissa, Maria
Dei gracia Scotorum Regina, ac potentissimo et metuendissimo Jacobo
Arranie comite, domino Hammiltoun, etc., eius protectore et gubernatore, et
ibidem omni cum subiectione et famulatu, nomine meo, ad Sursum reddendum
pureque et simpliciter, per fustim et baculum in manibus dicti gubernatoris,
tamguam in manibus Sue Serenissime maiestatis et domine Superioris eiusdem,
Omnes et singulas terras meas de Abirfaldy, cum pertinentijs, iacentes infra
baroniam de Garrintulye et vicecomitatum de Perth, pro coniuncta infeoda-
tione mihi fienda et Margarete Abircrummy, sponse mee, heredibus masculis
et tallie inter nos legitime procreatis seu procreandis, quibus forte deficienti-
bus, heredibus meis masculis et tallie quibuscunque ; saluo tamen quod
huiusmodi resignatio et coniuncta infeodatio de mouo mihi et Margarete dicte,
mee sponse, et heredibus, Vt Supra, non sit lesio, ruptio, aut quouismodo preiu-
dicium dicte baronie et carte tallie alias desuper confecte et leuate, sed quod
remanebunt dicte terre de Abirfaldy cum predicta baronia de Grarrintulye,
tamquam pars et pendicula eiusdem, ab eadem minime diuisa et separata, et
quod Seruitium supreme domine nostre Regine predicte, debitum et consuetum,
stabit et sufficiens erit pro tota et integra baronia predicta, et non alias, neque
alio modo: Et generaliter omnia alia et singula faciendum, dicendum, gerendum,
et exercendum, que, in premissis et circa ea, necessaria fuerint, seu quomodo-
libet oportuna, et que egomet facerem si presens personaliter interessem :
Ratum et gratum, firmum, atque stabile, habentem et habiturum id totum et
quicquid dicti mei procuratores, aut eorum aliquis, coniunctim et diuisim,
1545.] CHARTERS. 95
nomine meo in premissis iuste et rite duxerint seu duxerit faciendum, sub
ypotheca et obligatione omnium bonorum meorum, mobilium et immobilium,
presentium et futurorum. In cuius rei testimonium sigillum meum, vnacum
mea subscriptione manuali, presentibus est appensum, apud Dunkeld, decimo
tertio die mensis Decembris, anno Domini millesimo quingentesimo quadra-
gesimo quinto, Coram his testibus.
WILLIAM STEWART, wytht my hand.
51. CHARTER by QUEEN MARY, in favour of WILLIAM STEwART and MARGARET
ABIRCRUMMY, his spouse, of the lands of Abirfauldy. 2d January
1545.
MARIA Dei gracia Regina Scotorum, Omnibus probis hominibus totius terre
Sue, clericis et laicis, salutem: Sciatis nos cum auisamento, auctoritate et con-
sensu charissimi consanguinei ac tutoris nostri, Jacobi Aranie comitis, Domini
Hammiltoun, regni nostri protectoris et gubernatoris, dedisse, concessisse, et
hac presenti carta nostra confirmasse dilectis nostris Willelmo Stewart, filio
et heredi apparenti Thome Stewart de Garntulie, et Margarete Abircrummy,
eius conjugi, et eorum alteri diucius viuenti, et heredibus suis subscriptis,
totas et integras terras de Abirfauldy, cum pertinentijs, jacentes infra baroniam
de Garntulie et vicecomitatum nostrum de Perth, que prefato Willelmo per-
prius hereditarie pertinuerunt, et quas idem, per fustem et baculum et pro-
curatores Suos nomine suo in manibus prefati nostri tutoris et gubernatoris,
tanquam in manibus nostris, apud Sanctumandream, Secundo die mensis
Januarijinstantis, Sursum reddidit, pureque et simpliciter resignauit: Tenendas
et habendas totas et integras prefatas terras de Abirfauldy, cum suis pertinentijs,
dictis Willelmo et Margarete, eius conjugi, et eorum alteri diucius viuenti,
in coniuncta infeodatione, et heredibus masculis inter ipsos legitime procreatis
96 CHARTERS. [1545.
seu procreandis, quibus deficientibus, legitimis et propinquioribus heredibus
masculis dicti Willelmi quibuscunque, de nobis et successoribus nostris, in
feodo et hereditate imperpetuum, absºlue lesione seu preiudicio carte tallie
terrarum et baronie de Garntulie, per omnes rectas metas Suas antiquas et
diuisas, prout jacent in longitudine et latitudine, in boscis, planis, moris,
marresijs, vijs, semitis, aquis, stagnis, riuulis, pratis, pascuis et pasturis, molen-
dinis, multuris et eorum sequelis, aucupationibus, venationibus, piscationibus,
petarijs, turbarijs, carbonarijs, lignis, lapicidijs, lapide et calce, fabrilibus,
brasinis, brueriis et genestis, cum curiis et earum exitibus, herezeldis et muli-
erum marchetis, cum communi pastura, libero introitu et exitu, ac cum Omni-
bus alijs et singulis libertatibus, commoditatibus, proficuis et asiamentis, ac
iustis pertinentijs suis quibuscumque, tam non nominatis quam nominatis, tam
sub terra quam supra terram, procul et prope, ad predictas terras cum perti-
mentijs spectantibus, seu iuste spectare valentibus quomodolibet in futurum,
adeo libere, quiete, plenarie, integre, honorifice, bene et in pace, in omnibus
et per omnia, sicut prefatus Willelmus vel predecessores sui predictas terras,
cum pertinentijs, ante prefatam resignationem inde factam, liberius tenuit seu
possedit, tenuerunt seu possederunt : Faciendo inde annuatim dicti Willelmus
et Margareta, eius coniux, et eorum alter diucius viuens, et heredes sui supra-
scripti, nobis et nostris successoribus, jura et Seruicia de dictis terris cum per-
tinentiis, nobis et predecessoribus nostris, ante prefatam resignationem, debita
et consueta. In cuius rei testimonium huic presenti carte nostre magnum
sigillum nostrum apponi precepimus; testibus, dilecto nostro consanguineo
Dauide, cardinali Sanctiandree, etc., cancellario nostro, reuerendissimo in
Christo patre, Gawino archiepiscopo Glasguense, etc., dilectis nostris con-
sanguineis, Archibaldo comite Ergadie, domino Campbell et Lorne, etc., Mal-
colmo domino Flemyng, magno camerario nostro, Venerabili in Christo patre,
Johanne abbate monasterij nostri de Pasleto, thesaurario nostro, dilectis nos-
1546.] - CHARTERS, 97
tris familiaribus, magistris Jacobo Foulis de Colintoum, nostrorum rotulorum
registri ac consilij clerico, et Thoma Bellenden de Auchnoule, mostre justiciarie
clerico, apud Sanctumandream, secundo die mensis Januarij, anno Domini
millesimo quingentesimo quadragesimo quinto, et regni nostri quarto.
52. CHARTER by QUEEN MARY, in favour of WILLIAM STEWART, son and heir-
apparent of THOMAS STEWART, of the lamds of Grantulle. 14th May
1546.
MARIA Dei gracia Regina Scotorum, omnibus probis hominibus totius terre
sue, clericis et laicis, salutem : Sciatis mos, cum auisamento, auctoritate, et
consensu charissimi consanguinei et tutoris nostri Jacobi Aranie comitis,
domini Hammiltoun, regni nostri protectoris et gubernatoris, dedisse, conces-
sisse, et hac presenti carta nostra confirmasse dilecto mostro Willelmo Stewart,
filio et heredi apparenti Thome Stewart de Grantulle, et heredibus suis mas-
culis subscriptis, totas et integras terras de Grantulle, jacentes infra Appim de
Dull et vicecomitatum mostrum de Perth, exceptis terris de Abirfauldy cum
suis pertinentijs, in quibus prefatus Willelmus Stewart et Margareta Abir-
crummy eius sponsa perprius infeodati et sasiti hereditarie existunt; que-
quidem tote et integre prefate terre de Grantulle, cum suis pertinentijs,
exceptis prius exceptis, fuerunt dicti Thome Stewart perprius hereditarie, et
quas idem per fustem et baculum, et procuratores suos ad hoc legitime con-
stitutos, et literas suas patentes, in manibus dicti nostri gubernatoris, tanquam
in manibus nostris, specialem ex nobis potestatem ad hoc habentis, apud
Edinburgh, sursum reddidit, pureque et simpliciter resignauit, ae, totum jus et
clameum que in eisdem habuit seu habere potuit, pro se et heredibus suis,
Omnino quieteclamauit imperpetuum : Tenendas et habendas omnes et sin-
gulas prenominatas terras de Grantulle, cum pertinentijs, exceptis prius
N.
98 CHARTERS. [1546.
exceptis, dicto Willelmo Stewart, heredibus suis masculis, secundum formam
et tenorem carte tallie et infeodationis, per nobilissimum quondam patrem
nostrum bone memorie, cuius anime propicietur Deus, in sua perfecta etate,
memorato Thome Stewart, de predictis terris de Grantulle, exceptis prius
exceptis, confecte, de nobis et successoribus nostris in feodo et hereditate im–
perpetuum, per omnes rectas metas Suas antiquas et diuisas, prout jacent in
longitudine et latitudine, in domibus, edificijs, bondis, campis, pascuis, et
pasturis etc., cum communi pastura, libero introitu et exitu, etc., molendinis,
multuris et eorum sequelis, aucupationibus, venationabus, piscationibus,
petarijs, turbarijs, carbonarijs, lignis, lapicidijs, lapide et calce, fabrilibus,
brasinis, bruerijs et genestis, cum curijs et earum exitibus, herezeldis, blude-
witis et mulierum marchetis, etc., ac cum omnibus alijs et singulis libertati-
bus, commoditatibus, proficuis et asiamentis, ac iustis pertinentijs suis quibus-
cunque, tam non nominatis quam nominatis, tam Sub terra quam supra
terram, procul et prope, ad predictas terras cum pertinentijs spectantibus, seu
iuste spectare valentibus quomodolibet in futurum, libere, quiete, plenarie,
integre, honorifice, bene et in pace, et adeo libere sicut predictus Thomas
Stewart prefatas terras, ante predictam resignationem nobis inde factam,
prius tenuit seu possedit: Faciendo inde annuatim prefatus Willelmus
Stewart et heredes sui masculi antedicti nobis et successoribus nostris jura et
Seruitia de dictis terris cum suis pertinentiis ante prefatam resignationem
prius debita et consueta; Saluo nichilominus et reseruato libero tenemento
totarum et integrarum prenominatarum terrarum de Grantulle, cum suis per-
tinentiis, exceptis prius exceptis, dicto Thome Stewart, pro omnibus diebus
vite Sue, aceciam vitali redditu terrarum de Tulochcrosc et Pettoquharne,
cum omnibus et singulis suis iustis pertinentijs, vinacum rationabili tercia
totius et integri residui dictarum terrarum de Grantulle, cum suis pertinentijs,
exceptis prius exceptis, Margarete Murray, sue sponse, pro omnibus diebus
1552.] CHARTERS. 99
vite sue post ipsius Thome decessum, cum contigerit, et eadem per decessum
deficiente, alicui alie sue sponse legitime que pro tempore fuerit, qua vna
rationabili tertia prescriptarum terrarum de Grantulle, cum suis pertinentijs,
exceptis prius exceptis, post dicti Thome decessum gaudebit; prouiso tamen
quod hujusmodi resignatio et presens nostra infeodatio desuper fienda nulla
erunt lesio seu preiudicium prefate carte tallie et infeodationis, per dictum
quondam nobilissimum patrem nostrum memorato Thome et heredibus suis
masculis, ex prefatis terris facte, sed potius eandem fortificabunt, supplebunt,
et corroborabunt, secundum tenorem eiusdem. In cuius rei testimonium huic
presenti carte nostre magnum sigillum nostrum apponi precepimus; testibus,
dilecto nostro consanguineo, Dauide cardinali Sanctiandree, etc., cancellario
nostro, reuerendissimo in Christo patre, Gawino archiepiscopo Glasguense,
etc., dilectis nostris consanguineis, Archibaldo comite Ergadie, domino Camp-
bell et Lorne, etc., Malcolmo domino Flemyng, magno camerario nostro,
venerabili in Christo patre, Johanne abbate monasterij nostri de Pasleto, the-
Saurario nostro, dilectis familiaribus nostris, magistris Jacobo Foulis de Colin-
toun, nostrorum rotulorum registri ac concilij clerico, et Thoma Bellenden de
Auchnoule, nostre justiciarie clerico, apud Edinburgh, decimo quarto die
mensis Maij, anno Domini millesimo quingentesimo quadragesimo Sexto, et
regni nostri quarto.
53. CHARTER by QUEEN MARY, in favour of WILLIAM STEwART of Grantuly,
and ISOBELLA STEWART, his spouse, of the lands of Abirfeldy. 22d
April 1552.
MARIA Dei gratia Regina Scotorum, omnibus probis hominibus totius terre
Sue, clericis et laicis, Salutem: Sciatis nos, gum auisamento, consensu, et auc-
toritate charissimi nostri consanguinei et tutoris, Jacobi ducis de Chattellarault
100 CHARTERS. [1552.
*
Arranie comitis, domini Hammiltoun, regni nostri protectoris et gubernatoris,
dedisse, concessisse, et hac presenti carta nostra confirmasse dilectis nostris
Willelmo Stewart, filio et heredi apparenti Thome Stewart de Grantuly, ac
Isobelle Stewart eius coniugi, eorumque alteri diutius viuenti, in coniuncta
infeodatione, et heredibus suis subscriptis, hereditarie, totas et integras terras
de Abirfeldy, cum domibus, edificiis, molendinis, terris molendinariis, pisca-
riis, lacubus, lie outsettis, et pendiculis earundem, ac Suis pertinentiis, jacen-
tes infra vicecomitatum nostrum de Perth : quequidem terre de Abirfeldy,
cum domibus, edificiis, molendinis, terris molendinariis, piscariis, lacubus, lie
outsettis, siluis, et pendiculis earundem, ac omnibus suis pertinentiis, fuerunt
dicti Willelmi perprius hereditarie, et quas idem, per fustem et baculum et
procuratores suos ad hoc legitime constitutos, et literas Suas patentes, in mani-
bus dicti nostri gubernatoris, tanquam in manibus nostris, nostras potestatem
et auctoritatem virtute sui officii tutoris resignationes terrarum de nobis im–
mediate tentarum recipiendi habentis, apud Striueling Sursum reddidit, pure-
que et simpliciter resignauit, ac totum ius et clameum que in eisdem habuit
seu habere potuit, pro se et heredibus suis omnino quieteclamauit imper-
petuum : Tenendas et habendas totas et integras prenominatas terras de Abir-
feldy, cum domibus, edificiis, molendinis, terris molendinariis, piscariis, lacubus,
lie outsettis, siluis, et pendiculis earundem, ac Suis pertinentiis, dictis Willelmo
Stewart et Isobelle Stewart, eius coniugi, eorumque alteri diutius viuenti, in
coniuncta infeodatione, ac heredibus masculis inter ipsos legitime procreatis
seu procreandis, quibus deficientibus, heredibus et assignatis masculis dicti
Willelmi quibuscumque, de nobis et successoribus nostris in feodo et heredi.
tate imperpetuum, per Omnes rectas metas suas antiquas et diuisas, prout jacent
in longitudine et latitudine, in boscis, planis, moris, marresiis, viis, semitis,
aquis, stagnis, riuulis, pratis, pascuis, et pasturis, molendinis, multuris et
eorum sequelis, aucupationibus, venationibus, piscationibus, petariis, turbariis,
1552.] CHARTERS. 101
carbonariis, lignis, lapicidiis, lapide et calce, fabrilibus, brasinis, brueriis et
genestis, cum curiis et earum exitibus, herezeldis, et mulierum marchetis, cum
communi pastura, libero introitu et exitu, ac cum omnibus aliis et singulis
libertatibus, commoditatibus, proficuis et asiamentis, ac justis Suis pertinentiis
quibuscumque, tam non nominatis quam nominatis, tam Sub terra quam Supra
terram, procul et prope, ad predictas terras cum pertinentiis spectantibus, seu
iuste spectare valentibus quomodolibet in futurum, adeo libere et quiete,
plenarie, integre, honorifice, bene et pace, in omnibus et per omnia, sicut dictus
Willelmus aut predecessores sui, dictas terras cum domibus, edificiis, molen-
dinis, terris molendinariis, piscariis, lacubus, lie outsettis, siluis, et pendiculis
earundem, ac suis pertinentiis, ante prefatam resignationem nobis inde factam,
liberius tenuit seu possedit, tenuerunt Seu possiderunt : Reddendo inde annu-
atim dicti Willelmus Stewart et Isobella Stewart, ac heredes sui et assignati
suprascripti, nobis et successoribus nostris iura et Seruicia de dictis terris de
Abirfeldye, cum domibus, edificiis, molendinis, terris molendinariis, piscariis,
lacubus, lie outsettis, siluis et pendiculis earundem, ac Suis pertinentiis, ante
prefatam resignationem nobis inde factam, debita et consueta. In cuius rei
testimonium huic presenti carte nostre magnum sigillum nostrum apponi pre-
Cepimus; testibus, reuerendissimo in Christo patre, Johanne archiepiscopo
Sanctiandree, etc., thesaurario nostro, dilectis nostris consanguineis Georgio
comite de Huntlie ac Morauie, domino Gordoun et Badzenauch, cancellario
nostro, Archibaldo comite Ergadie, domino Campbell et Lorne, etc., Willelmo
domino Ruthuen, nostri Secreti sigilli custode, dilectis nostris familiaribus,
Imagistris Thoma Marioribankis de Ratho, nostrorum rotulorum registri ac
consilij clerico, J ohanne Bellenden de Auchnoule, nostre iusticiarie clerico, et
Alexandro Levyngstoun de Donypace, nostre cancellarie directore, apud Stri-
ueling, vicesimo Secundo die mensis Aprilis, anno Domini millesimo quingen-
tesimo quinquagesimo Secundo, et regni nostri decimo.
102 CHARTERS. [1584.
54. CHARTER by ROBERT, BISHOP OF DUNKELD, with consent of his Chapter, in
favour of ALEXANDER ABERCRUMBIE of that Ilk, of the lands of Easter
Inschewins or Dalpowie, with the fishing in the Garthpuile, etc. 13th
and 16th January 1584.
OMNIBUS hanc cartam visuris vel audituris, Robertus miseratione diuina Dun-
keldensis episcopus, salutem in omnium Saluatore : Quum ex vtriusque juris
Sanctione, et serenissimorum Scotiae principum statutis in reipublicae et regni
commodum editis, cautum existit, et terras et possessiones tam ecclesiasti-
corum quam secularium eiusdem, in emphiteosim Seu feudifirmam assedandas
et locandas fore, quo per prudentium virorum curam et industriam, terre
steriles Colantur, meliorentur, et ad vberiorem fertilitatis cultum producan-
tur : Noueritis, igitur, nos, cum expressis consensu et assensu decani capituli
et canonicorum ecclesie cathedralis Dunkeldensis, diligentibus tractatibus et
maturis deliberacionibus prehabitis, in euidentem vtilitatem dicte nostre
ecclesie, nostrorum successorum, et annuam augmentacionem nostri rentalis,
necnon pro certis magnis pecuniarum summis, nobis per honorabilem virum,
Alexandrum Abercrumbie de eodem, in pecunia numerata persolutis, ac in
VSum nostrum totaliter conuersis, de quibus tenemus nos bene contentos, ac
plenarie et integre persolutos, dictumque Alexandrum, heredes suos et assig-
natos, de eisdem quietos inde clamamus et exoneramus, tenore presentis carte
nostre, imperpetuum, dedisse, concessisse, arrendasse, locasse, et ad feudifirmam
Seu emphiteosim hereditarie dimisisse, et hac presenti carta nostra confirmasse,
necnon dare, concedere, assedare, arrendare, locare, et ad feudifirmam seu
emphiteosim hereditarie dimittere, et hac presenti carta nostra confirmare
predicto Alexandro Abercrumbie de eodem, et heredibus suis quibuscunque,
totas et integras terras nostras de Eister Inschewin, alias Dalpowie, cum pis-
1584.] CHARTERS. 103
caria in aqua de Taya in lie Garthpulle et Trourquheis, cum memore in Birnen,
vocato lie Reinge, cum multuris earundem terrarum, et cum communi pastura,
libero introitu et exitu Solitis et consuetis, et cum omnibus aliis et singulis
suis pendiculis, proficuis, et pertinenciis, jacentes in dominio siue baronia
de Dunkeld, infra vicecomitatum de Perth : Tenendas et habendas totas et
integras prefatas terras de Eister Inschewin alias Dalpowie, cum piscaria,
memore, multuris, ac cum communi pastura, liberoque introitu et exitu pre-
dictis, ac omnibus et singulis suis pendiculis, proficuis, et pertinenciis,
predicto Alexandro Abercrumbie de eodem, et heredibus suis quibuscumque,
de nobis et successoribus nostris, Dunkeldensibus episcopis, in feodo et
hereditate imperpetuum, per omnes rectas metas Suas antiquas et diuisas
bene et in pace, sicut alique terre, piscarie, nemora, multure, com-
munes pasture et alia suprascripta alicuj in feudifirma Seu emphiteosi
infra regnum Scotie, per quemcunque dantur, conceduntur, dimittuntur,
seu quouismodo possidentur, sine aliqua reuocacione, contradictione, impedi-
mento, aut obstaculo quocunque: Reddendo inde annuatim dictus Alexander
Abercrumbie de eodem, et heredes sui predicti nobis et successoribus
nostris, Dunkeldensibus episcopis, pro predictis terris de Eister Inschewin,
alias Dalpowie, cum piscaria, nemore, multuris, cum communi pastura, libero
introitu et exitu, ac cum omnibus et singulis suis pendiculis, proficuis, et per-
timenciis eiusdem, Summam quatuor librarum monete Scotie, ad duos anni ter-
minos consuetos, festa, videlicet, Penthecostes, et Sancti Martini in hieme, per
equales portiones, tanquam antiquam firmam pro prefatis terris de Eister
Inschewin, alias Dalpowie, cum piscaria, nemore, multuris, cum communi
pastura, libero introitu et exitu, cum omnibus suis pendiculis, proficuis et per-
tinencijs eiusdem, Solui Solitis et consuetis; necnon summam sex solidorum et
octo denariorum, usualis monete predicte, in annuam augmentacionem nostri
rentalis plusquam vnquam prefate terre, piscaria, nemus, multure, communis
104 CHARTERS. [1584.
pastura, et alia prescripta, cum pendiculis, proficuis, et pertinencijs predictis,
nobis aut predicessoribus nostris, Dunkeldensibus episcopis, prius persoluerunt
seu dederunt, ad dictos duos terminos Soluendo, nomine feudifirme; necnon
heredes dicti Alexandri duplicando dictas firmas feudifirme, primo anno intro-
itus cuiuslibet heredis ad huiusmodi terras, piscariam, nemus, multuras, Com-
munem pasturam, liberumque introitum et exitum, pendicula, proficua et
pertinencia prescripta, nobis et successoribus nostris, Dunkeldensibus episco-
pis, pro feudefirma et deuorijs illius anni dumtaxat, vi vsus est, persoluent,
acetiam prestando tres sectas ad tres curias capitales baronie nostre Dun-
keldensis, cum premoniti fuerint, tantum pro Omni alio Onere, exactione,
questione, demanda seu Seruicio seculari, que de predictis terris, piscaria,
memore, multuris, communi pastura, libero introitu et exitu, cum pendiculis,
proficuis et pertinenciis earundem, per quoScunque iuste exigi poterint quo-
modolibet vel requiri: Et nos vero prefatus Robertus Dunkeldensis episcopus,
et successores nostri, Dunkeldenses episcopi, totas et integras predictas terras
de Inschewin, alias Dalpowie, cum piscaria, nemore, multuris, communi pas-
tura, libero introitu et exitu, cum pendiculis, proficuis et pertinencijs pre-
scriptis prefato Alexandro Abercrumbie et heredibus suis predictis, adeo libere
et quiete, in omnibus et per omnia, forma pariter et effectu, vt premissum est,
cum consensu predicto, contra omnes mortales warrantizabimus, acquietabi-
mus, et imperpetuum defendemus: Insuper dilectis nostris, Joanni Irland
de Burnbane,
ac vestrum cuilibet, coniunctim et diuisim, balliuis nostris in hac parte
specialiter constitutis, salutem : Wobis precipimus et mandamus quatenus,
visis presentibus, indilate statum, Sasinam hereditariam pariter, et posses—
sionem realem, actualem, et corporalem totarum et integrarum prefatarum
terrarum de Inschewin, alias Dalpowie, cum piscaria, memore, multuris, com-
muni pastura, libero introitu et exitu, pendiculis, proficuis et pertinencijs pre-
1584.] CHARTERS. 105
Scriptis, predicto Alexandro Abercrumbie de eodem, vel suo certo attornato,
latori presentium, per terre et lapidis fundi earundem, vi moris est, tradi-
tionem, Secundum tenorem antedicte nostre carte, iuste haberi faciatis, tradatis,
et deliberetis; et hoc nullo modo omittatis : Ad quod faciendum, vobis et
vestrum cuilibet, coniunctim et diuisim, balliuis nostris in hac parte antedictis,
nostram plenariam et irreuocabilem, tenore presencium, committimus potes-
tatem. In cuius rei testimonium, presentibus, manu nostra et manibus can-
onicorum dicti nostri capituli subscriptis, sigillum nostrum, una cum sigillo
communi dicti nostri capituli, Sumt appensa, apud Edinburght et Dunkeld
respectiue decimo tertio et decimo Sexto diebus mensis Januarij, anno Domini
millesimo quingentesimo Octuagesimo quarto.
ROT DUNKELDEN.
Mr. THOMAS ROBERTSONE, persone off Mr. RICHART HALDEN, subdecanus.
Monydie. GEORGE HERING, prebandar of For–
Mr. GUILIELMUS EDMONSTOUN, cancel- goundyne.
larius. Mr. JO. BARTAN, decanus, Dunkeld-
Mr. GUILIELMUS GLAS, Thesaurarius. ensis.
Mr. JACOBUS LAUDER, prebendarius de Mr. DAUID SPENS, Archidiaconus.
Fardischaw, &c. Mr. JoHNLYNDESAY, person of Men-
JAMES RUTHUEN, Chauntour. muir.
John LINDSAY, Prebender of Mucarsie. Mr. DAUID MAKEGILL of Fongarth.
WILLZAME BANERMANE, prebender of ROBERT SINCLAR, vicar of Aberladie.
Crage. Mr. ANDRO ABIRCRUMBY, Subchantor.
WILLIAM DRUMMOND, prebendarius de THOMAS CRUIKSCHANK, parson of Lun-
Kreiff, precentor, etc. deiffe.
*** * * *-ºs---º-º-º:
106 - CHARTERS. [1603.
55. BOND of MANRENT by ARCHIBALD SEVENTH EARL of ARGYLL to Sir THOMAS
STEwART of Grandtully, Knight. 5th April 1603.
BE it kend till all men be thir present lettres, Ws, Archibald Erle of Argyle,
Lord Campbell and Lorne, Justice-Generall of this realme of Scotland, to be
bundin and obleist, and, be the tennor heirof, faithfullie bindis and oblissis us,
to the richt honorabill and our veilbelouit cousing Sir Thomas Stewart of
Grantully, Knyght, as followis, to wit, That we, our kyne, freindis, servandis,
and pairtakeris Sall fortifie, maintene, and defend the said Sir Thomas Stewart,
his kyne, freindis, men, tennentis, and servandis, in thair bodies, landis, posses—
sionis, guidis, and gere, and sall tak trew and efauld pairt with thame in all
thair actionis, causs, quarrellis and debaittis movit or to be movit be thame,
or aganis thame, be quhatsumeuer or contrair quhatsumeuer persoun or per-
sonis, our Souerane Lord and his Hienes' authoritie onlie exceptit; and to this
effect we, with our freindis, servandis and forces, att all tymes neidfull, sall
repaire and cum to the said Sir Thomas his landis and possessionis for his
support and defence foirsaid, and Sall mather heir nor sie his skaith, hurt nor
harme in his persoun, possessionis, guidis, nor gere, bot sall stop and lat the
Samyn, at our vtter power, and Sall giff him our trew and efauld counsall in
all his business and effairis, our said Souerane Lord and his Hienes' authoritie
alwayis exceptit, as said is, promittand faithfullie neuer to cum in the contrait
heirof be our selff, nor name viheris in our name, directlie nor indirectlie, in
ony tyme cuming. In witnes heirof thir presentis, writtin be Mr. James Gaw,
sone laufull to Thomas Gaw, burges of Perth, we haue subscryuit the samyn
with our awin hand, at Caningait, the fyft day of Aprile, the zeir of God jº
sex hundreth and thrie zeiris, befoire thir witness, Colen Campbell of Lundie,
William Douglas, master stabler to the Prince, James Douglas,seruitour to the
1603.] CHARTERS. 107
said Erle, Robert Seytoun, vicar of Tucht, Mr. William Merser, burges of
Perth.
Colin Campbell of Lundie, witnes.
Williame Dowglas, witnes.
James Douglas, witnes.
Robert Setoun, Vitnes.
W* Merser, witness.
56. OBLIGATION by ROBERT GRYCE, Groom of the Privy Chamber of KING
JAMES VI., to Sir WILLIAM STEWART, apparent of Grantully, for pay-
ment of £20 sterling. 30th December 1603.
BE it knowen to all men be these presentis, Me, Robert Gryce, Esq., one of the
groomes of his Maiestie's priuie chalmer, to be bundin and obleist, and, be the
tennour heirof, bindis and Obliss me, my aires, and assignais, that, when, as it
sall pleis the Almightie God, the right heigh and mightie Prince James, be the
grace of God King of England, Scotland, France, and Ireland, sal happin to be
in his Highnes' palice or park of Falkland, I shall, within forty-eight hours
immediatlie therefter, mak pament to the right honorabill Sir William Stewart,
appearand of Grantully, gentilman of his Maiestie's priuie chalmer, off the
Sowme of tuenty pundis, lauchtfull money of England, and incais of failzie I
am content and consentis that this present band and obligatioune be registrat
in the buikis of Counsale and Sessioune, and lettres of horning, poynding, and
warding be direct heirupone, vpoun ane symple charge of thrie dayes allanerlie,
and for registring heirof makis and constitutis
my procuratouris, coniunctlie and seueralie, in vberiori forma
promittens de rato, etc. In witnes quhairof I haue subscriuit this present
with my hand, at Hamptoun court, the penult of December, the zeir of God

108 CHARTERS. - [1606.
------ --—- - - - - - - - ——--->
j" vi' and thrie zeirs, befoir thir witness, James Steuart, Robert Maxwell, and
Mr. Francis Bothuell. RO. LE GRYS.
James Steuart, witness.
Robert Maxwell, wittness.
Mr. F. Boithuell, vitnesse.
57. LICENCE from the BAILIES, COUNCIL and COMMUNITY of DUNKELD to Sir
WILLIAM STEUART of Banchrie, Knight, to build a house in the Com-
mon Gate of Dunkeld. 12th March 1606.
WE, Bailleis, Counsell and Citineris of Dunkeld, be thir presenttis granttis and
gewis libertie and licence to ane honorabill mane Schir William Steuartt of
Banchrie, Knicht, gentillmane in his Maiesteis privie chalmer, to big and
edefie ane hous and dyk vpoun that pairt of the Commone Gait of the said
citie of Dunkeld betuixt the tenement of Sanct
altar on the eist, the kirkZeaird dyk of Dunkeld on the northe, the Vynd
passand directlie fra the kirk portche of Dunkeld to the auld brig on the
west, and the said Schir William his awin tenement callit the Manis of Ferne
on the sowithe ; prowyding alvyis that at quhat tym the said Kathedrall kirk
of Dunkeld beis sufficientlie reparit, and the kirkZeaird dyk therof beis bigit
and vphaulden in all pairtis as effeiris, thane, and in that caise, and navther-
wyis, the said Schir William salbe haulden at the sicht and discretioun of the
balzeis, counsell, and citineris of the said citie, to mak the said Commone Gait
frie and red of the foirsaid biging, Vpoun the premonitioun of thrie scoir dayis.
In witnessing of the quhilk thing thir presenttis, wretten be Andro Burtt,
seruitour to the said Schir William, we haue subscryuit with our haindis, as
followis, at Dunkeld, the tuelf day of Merche, in the zeir of God, jº sex hun-
drethe and sex zeiris, befor thir witness, Jhone Zoung, portionair of Fingorth,
1610.] CHARTERS. | 09
Alexander Adamesoune, seruitour to James Erle of Athoill, Jhone Glas, lauch-
full Sone to Mr William Glas, minister at Dunkeld, James Fowlis thair,
James Robertsone, officer thair, Williame Fyff and Thomas Merschell, notaris.
Mr. Jai Steuart, Commisser, consents. MaisterWalter Stewart, bailzie, consentis.
Mr. William Glas, consentis. Williame Fyff, bailzie, consentis.
Jhone Ross, consenttis. Johne Merschell, baillze, consentis.
Patrick Forbes, consentis. Robert Makraithe, ane of the Counsall,
Jhone Cwmisane, consentis. consentis.
Thomas Rogertoun, consentis. Jhone Ambros, messenger, consentis.
James Reid, consentis.
Patrk Toschiche, consentes.
Duncane Gilbert, consentis.
Dauid M*Condoquhy, Thomas Merteine, Thomas Bennett, Alex. Gloge, W*
Reid, Smyth, Johne Litilihone, Thomas Tailzeour, Johne Robertsone, Jo"
Cowper, Dauid Strachane, Williame Millain, Mathow Abercromby, and Robert
Baxter forsaidis consentis with our handis on the pen, led of the notair
publict and commone clark of the towne of Dunkeld whderwrittin, becaus
we can not wreit.
Ita est, Thomas Merschell, notarius publicus admissus ac scriba curie
Dunkeldensis, de mandato dictarum personarum consentium scribere mes-
cientium, vt asseruerunt, in fidem ad hec requisitus, teste manu propria.
58. BOND OF MANRENT by ARCHIBALD SEVENTH EARL OF ARGYLL to
Sir WILLIAM STEwART, fiar of Grantully. 13th June 1610.
BE it kend to all men be thir present letteris, Ws, Archibald Erll of Argyll,
Lord Campbell and Lorne, Justice Generall of this realme of Scotland, to be
I 10 CHARTERS. [1610.
bundin and obleist, and, be the tennour heirof, faithfullie bindis and obliss
ws to the richt honorabill and our veilbelouit cousing Sir William Stewartt,
feare of Granttully, gentill mane of his Maiesteis moist honorabill privie chal-
mer, as follouis, to wit that we, our kyne, freindis, servandis and pairtakeris,
sall fortefie, manteyne and defend the said Sir William Stewartt, his kyne,
freindis, men, tennenttis, and servanttis, in thair bodeis, laindis, possessionis,
guidis, or geir, and sall tak trew and afauld pairtt with them in all thair
actionis, causs, qverrellis and debaittis, moiwit, or to be moiwitt be them, or
aganis them, be quhatsumeuer, or contrair quhatsumeuer perSone or personis,
our souerane Lord, and his Hienes' authoritie only exceptit, and to this effect,
we, withe our freindis, servandis and forcis, at all tymis neidfull, sall repair
and cum to the said Sir William his laindis, and possessionis, for his support
and defence foirsaid, and sall nether heir, nor sie, his skeathe, hurtt, nor
harme, in his persone, possessionis, guidis nor geir, bot Sall stoipe and latt the
Samyne, at our vtter pouer, and Sall gif him our trew and afauld counsell in
all his bissenes and effairis, our said soverane Lord and his Hienes' autho-
ritie alvyis exceptit, as said is, promittand faithfullie neuer to cum in the
contrair heirof be our self, nor navtheris in our name, directlie nor indirectlie,
in any tym cuming. In witnes heirof thir presentis, wretten be Andro Burtt,
zounger, Seruitour to the said Sir William, we haiwe subscryuit the samyne
with our hand, att Striviling, the threttene day off Jwnij, the zeir of God ane
thowsand sex hundrethe and ten zeiris, befor thir witness, Colene Campbell
of Lundie, our brother germane, Colene Campbell of Abirvrquhill, Archibald
Campbell of Glenkaradell, and William Striuling of Auchyill.
C. Lundie, witnes. ARGYLL.
Coleine Campbell off Aberuiquhyll, wyttnes.
A. Campbell off Glenkaradell, witnes.
Williame Striueling of Auchyill, witnes.
1611.] CHARTERS. 111
59. BOND OF MANRENT by ALEXANDER FLEMYNG of Mones to Sir WILLIAM
STEUART of Grantully. 28th December 1611.
BE it kend till all men be thir present letteris, Me, Alexander Flemyng of
Mones to be faithfullie bundin and oblist, lykas, be the tennour heirof, and
the faithe and treuthe in my bodie, I faithfullie and treulie bind and obleis
me, my airis and successouris to ane richt honorabill mane Sir William
Steuartt of Granttullie, Knicht, his airis and successouris, lairdis of Granttully
in all honorabill dependence, lawtie, kyndnes, manrent and service with my
kin, freindis, tennentis, servantis and partakeris, to ryd and gaing, nicht and
day, in peace and in weir, with the said Sir William and his foirsaidis, at all
occasiones neidfull, and sall tak ther trew, afauld and plane pairtt in all thair
actiones, causs, querrellis and debaittis, moivit be them or aganes them, be
quhatsumeuer, or contrair quhatsumeuer persone or persones, our Soverane
Lord and his Hienes' authoritie onlie exceptit; and, also, that I sall nether
heir, nor sie, the said Sir William, nor his foirsaidis, hurtt, harme, nor skeithe,
in thair persones, landis, possessiones, guidis, nor geir, bot sall mak the said
Sir William, or his foirsaidis, dewlie advertesit therof, resist, stoip, lat, and
impeid the same, at my wtter power, and sall gif him, and his foirsaidis, my
trew and afauld counsell, in all thair bissenes and effairis, thair counsell that
beis commwnicat to me sall conceill and keip secreit from all persones, our
Sowerane Lord and his Hienes' authoritie onlie exceptit; and forder, be the
tennour heirof, I faithfullie bind and obleis me, and my foirsaidis, neuer, at
ony tym heireſter, to swit, ask, acquyre, nor obtene ony tak, richt, or tytill of
the personage or viccarage of the landis of Mones, or ony pairt therof, nor
any laindis, rowmes, possessiones, takis, teyndis, priviledgis, fredomes or com—
moditeis quhatsumeuer, pertening to the Hous of Granttullie, the rent and
leiwing therof, or of the quhilk the lardis of Granttullie hes bene kyndlie
I 12 CHARTERS. [1611.
tennentis and possessouris fra quhatsumeuer persone or persones, titularis, or
haiffing, or pretending richt and power in and to the Samyne respectiue aboue
wrettin, or ony pairt therof, without the speciall licence, consent, and guid
will, of the said Sir William and his foirsaidis, first haid and obtenit therto ;
and, finalie, I bind and obleis me and my foirSaidis, neuer to cum in the
contrair heirof, nor of ony of the premiss, be my selff, nor na vther in my
name, directlie nor indirectlie, renunceand expreslie all remeid of law inducit
be quhatsumeuer act, statut or ordenance, that mey be proponit, or alledgit
in the contrair heirof. In witnessing of the quhilk thing thir presentis
wretten be Andro Burtt, notare in Dunkeld, I haif subscryuit the samyn,
with my hand, as followis, at Dunkeld, the tuentie aucht day of December,
the zeir of God jº' sex hundrethe and ellevin zeiris, befor thir witness, Mr.
James Banermane, minister at Capethe, Johne M'Duff of Bellenloin, Johne
Glais, eldest laufull sone to Mr. William Glais, minister at Dunkeld, Thomas
Merschell, notar in Dunkeld, and the said Andro Burtt.
James Banerman, witnes. ALEXR, FLEMYING,
Johne M'Duff, witnes. with my hand at the pen, led of the
Johne Glass, witnes. notaris aboue and vndervretten, at my
command, becaus I cannot vreit.
Ita est, Andreas Burtt, notarius publicus
admissus, premissa Subscribere de man-
dato dicti Alexandri, Scribere nescientis,
ut asseruit, in fidem requisitus, teste
hoc meo chyrographo.
Ita est, Thomas Merschell, conotarius,
in premissis similiter requisitus, teste
manu propria.
1646.] CHARTERS. I 13
60. INSCRIPTION on the House OF CROMARTIE concerning THOMAS URQUHART,
baron and hereditary sheriff of Cromartie, and his SPOUSE, by his
great-great-grandson, SIR THOMAS URQUHART. 25th August 1646.
ABOVE are
The exact pictures of a marry'd pair, no less illustrious by descent than con–
spicuous by their exemplary vertue, viz., of Thomas Urquhart, baron and
hereditary sheriff of Cromarty, descended from twenty-four famous successive
progenitors, and of his most faithful Lady Helen Abernethy, Lord Salton's
beloved daughter, who, after she had born to her forsaid most beloved
husband thirty-six most comely children, lived with him till twenty-five sons
respectively came to man's estate, and of these six (at least) travell'd France,
and many other foreign countrys, with the strictest view (for their education),
upon their father's proper charges, and the rest (passing by none) were hand-
somely provided; and her elevin daughters (of whom severally a numerous off-
spring is still extant) were splendidly match'd to their principal neighbours,
and those of best estates, and tho’ their father lived more sumptuously than
any of his time, and rode pompuously with a retinue of fifty domesticks, yet
built this castle, which in strength exceeds any in this kingdom (contrived
by a French architect), upon his own expenses in the year 1507,--and that
with so much foresight and prudence, though he was cumbered with a numer-
ous family of children as well as menial servants, equipage and largesses to
many of his relations in their greatest straits and intricate affairs, yet left
what land estate or sums of money he had from his father to his Successors,
especially his eldest son, without any burden. In remembrance whereof, lest
a man of so much probity and excellency should be forgotten, his great-great-
P
114 CHARTERS. [1647.
ſº
grandson, Sir Thomas Urquhart, who, after taking the ordinary Oath upon
that occasion, was solemnly knighted in the royal palace at London by King
Charles the First, in the beginning of the sixth year of his reign, tho' much
embarrass'd by his father's debt, yet copying his ancestor's honesty and in-
dustry, hoping thereby to extricate himself soon of his difficultys, ordered
to cut this monument to his honour, the twenty fifth day of August 1646.
Dorso, Copy Inscription on the House of Cromertie by Sir T. Urquhart.
61. AGREEMENT between LIEUTENANT-COLONEL JOHN INNES and SIR THOMAS
STEwART of Grantully. 3d May 1647.
Att Murthly, the third May, 1647,-
Leivtenant Collonell Johne Innes doth ingadge himself to give Sir Thomas
Stewart off Grantully the best bever hatt and band off gold in Edinburgh, vpon
condition he do not exceedin drinking one quart offailleveryday, from the daitt
heiroff till the first off May 1648, with a quantitie off aquavytie, for his health,
bott nott extraordinarly ; which iff he faill in, the said Sir Thomas doth bind
himself to give him two such hatts and bands, and binds himself not to drink
any other strong drink, and the most aill he shall drink in a day shall not
exceed a quart, and two days are reserved, either at the christianing of, or
mariage off, any off his owne children. Thir presents are subscrivit in pre-
sence off Mr. Andro Moncreiff, and Captane James Colvill, and Maior George
Meldrum. S. T. S. GRANTULLY.
G. Meldrum, witnes. JO. INNES.
Mr. A. Moncreiffe, witnes.
J. Coluill, witnesse.
1648.] CHARTERS. 1 15
62. ORDER by GENERAL DAVID LESLIE concerning the exaction of money for
support of the troops. 7th November 1648.
THES ar desyring all officers and souldiours vnder my comand not to exact
mor then 160 lib. schotis for everie horsman, and 40 lib. for everie foott soul-
diour, provyding the heritor be villing to giue obedience till giue the saming,
and not to exact the vther in regard the orderis from the comittie of the schir
ver not published as was expected by the comittie of the estatis. Feall not
herin as Zev vil be ansuerabll. Giuein 7 November 1648, at Perthe.

27, 2%

63. PATENT by KING CHARLEs I, creating SIR JOHN STEWART of Traquair,
Knight, LORD STEwART of Traquaire. 19th April 1628.*
CAROLUs Dei gratia Magne Britannie, Francie, et Hibernie, Rex, fideique de-
fensor, omnibus probis hominibus suis ad quos praesentes literae pervenerint,
salutem : Sciatis, quia nos e regali nostra dispositione, quo melius omnes
hujusmodi nostros dignos subditos, quorum benemeritum, prosapia, fortune et
obsequium erga nostrum servitium, gratiosum nostrum favorem, et respectum
merentur, ad honoratas virtutum vias incitemus, volentes tales honores, in
hujusmodi eorum, sicuti nobis e regio nostro judicio visum fuerit, conferre;
inter quos é speciali respectu, quem erga praedilectum nostrum dominum
* From the original Patent at Traquair House.

116 CHARTERS.
[1628.
Joannem Stewart de Traquaire militem, gerimus, tesseram aliquam nostrae
regiae benevolentiae hujus generis in eum conferre optimum ducentes: Igitur
nos, & regia nostra potestate, et authoritate regali, fecimus, creavimus et con–
stituimus, tenoreque praesentium facimus, creamus et constituimus praefatum
dominum Joannem Stewart de Traquaire, militem, dominum Stewart de
Traquaire ; dando et concedendo praefato domino Joanni Stewart, et heredibus
suis masculis, cognomen et insignia de Stewart gerentibus, titulum, honorem,
gradum et dignitatem domini Stewart de Traquaire, necnon investivimus,
tenoreque praesentium investimus memoratum dominum Joannem Stewart,
heredesque suos masculos predictos, in praefato titulo et dignitate domini Stew-
art de Traquaire, Omni tempore affuturo, nuncupandos et indigitandos fore :
Tenendum et habendum praefatum titulum, honorem, gradum, et dignitatem
predicti domini Stewart de Traquaire, cum suffragiis in parliamento, et cum
omnibus aliis praerogativis, preeminentiis, dignitatibus, et honoribus quibus–
cunque ad predictam dignitatem domini pertinentibus, prenominato domino
Joanni Stewart, heredibusque suis masculis predictis, in omnibus nostris et suc-
cessorum nostrorum parliamentis, publicisque statuum regni nostri Scotiae
comitiis, ac, etiam, quatenus potestate, loco, ac jure suffragium inibi dandi, cum
omnibus praerogativis, et dignitatibus fruatur, in Omnibus et per omnia, sicuti
aliquis alius dominus, temporibus retroactis, gaudebat et fruebatur, vel, pro pre-
senti, infra idem regnum nostrum Scotiae fruitur vel gaudet, et vt prefatus do–
minus Joannes Stewart, heredesque Sui masculi predicti, et eorum vnusquisque
successive, omni tempore affuturo, domini Stewart de Traquaire indigitentur et
nominentur, et vt omni dignitate et respectu dominis praedicti regni nostri
Scotie competentibus honorentur: Mandando, etiam, leoninostro regi armorum,
suisque fratribus faecialibus, quatenus additionem signorum et insignium
presentibus insignibus praedilecti nostri consanguinei et consiliarii Joannis
domini Stewart de Traquaire tradant, et prescribant, prout, in talibus casibus,
1628.] CHA RTERS. 117
Vsitatum et consuetum est. In cujus rei testimonium praesentibus magnum
Sigillum nostrum apponi praecepimus, apud regiam nostram de Whitehall,
decimo nono die mensis Aprilis anno Domini millesimo sexcentesimo
vigesimo Octavo, et anno regni nostri quarto.
Per signaturam manu Supremi Domini Nostri Regis suprascriptam.
64. EXTRACT ACT OF PRIVY COUNCIL anent the creation of SIR JOHN STEWART
as LORD STEwART of Traquair. 8th July 1628."
At Halyruidhous, the aucht day of Julij, 1628.
The whilk day Johne archbishop of St. Andrewes presented and exhibite
before the Lords of his Majesteis secreit counsell ane patent, vnder his Ma-
jesteis great seale, by which his Majestie was gratiouslie pleased, out of his
speciall respect to Sir Johne Stewart of Tracquair, knight, and for his better
encouragement to proceed and goe on in the wayes of vertew, to prefer,
advance and honnour him with the title, dignitie, preeminence, and ranke of
ame baron and lord of parliament, to be callit in all tyme comming Lord
Stewart of Tracquair, as the said patent, bearing dait at Whitehall, the myn-
tein of Apryle last, more fullie proports: Which patent being read, heard, seene
and considderit be the saids lords, they, with all dew reuerence, did acknow-
ledge his Majesteis bountie and fauour, showin to the said Lord Stewart of
Tracquair, and, accordinglie, did ressaue and admitt him as ane baron and
lord of parliament, to haue plaice, vote, ranke and dignitie among the noble-
men of this kingdome, in all publict and priuat meetings in tyme comming:
Lykeas, the said archbishop of St. Andrewes delyuered the said patent to
Thomas Erle of Hadinton, in name of the said Lord Tracquair, who is absence
* From the original Extract at Traquair House.
118 CHARTERS. [1633.
and not compeerance to ressaue his said patent, and to render his humble
thankes vnto his Majestie for the same, wes excuised, in respect of his pre-
sent attendance at court vpoum his Majesteis seruice : And in regaird the said
Lord Tracquair his patent is of a priour dait, and wes also produced this day
in counsell befoir the Lord of Rae his patent, thairfoij, the saids Lords Ordains
the act of the said Lord Tracquair his creatioun to be registrat in the bookes
of secreit coumsell, and to haue the first plaice before the act of creatioum of
the said Lord of Rae. Extractum de libris actorum secreti consilij Supremi
Domini Nostri Regis, per me, Jacobum Prymrois, clericum ejusdem, sub meis
signo et subscriptione manualibus. JACOBUS PRYMROIs.
65. PATENT by KING CHARLES I., creating JOHN LORD STEWART of Traquair
EARL OF TRAQUAIR. 23d June 1633.*
CAROLUS Dei gratia Magne Britannie, Francie et Hibernie Rex, fideique de-
fensor, Omnibus probis hominibus suis ad quos presentes litere pervenerint,
salutem : Sciatis, quia nos memoria nostra recolentes prosapiam, habilitatem,
et affectionem fidelis et predilecti nostri consanguinei et consiliarii, Joannis
domini Stewart de Traquair, etc., regni nostri Scotie thesaurarij deputati, quam
erga nostrum servitium gerit, hactenus sufficientia et approbata testimonia
eiusdem exhibendo, in nostris gravissimis negotiis et rebus dicti nostri regni,
et specialiter animo nostro reputantes eximiam curam et operam iam suscep-
tam, et per eum suscipiendam in ipsius officio, et aliter quoad attinet ad
providentiam et preparationem quorundam gravium negotiorum aptorum et
necessariorum pro nostra receptione et hospitio nostro felici, adventu et rema-
nentia (volente Deo), hoc tempore, infra dictum antiquum regnum nostrum
Scotiæ, et nos volentes prefatum predilectum nostrum consanguineum et con-
1 From the original Patent at Traquair House.
1633.] - CHARTERS. 119
siliarium, Joannem dominum Stewart de Traquair, etc., incitare et animare, vt
in tali grato servitio posthac permaneat, in eum aliquam tesseram nostri regij
favoris conferre visum est: Igitur fecimus, constituimus, et creavimus, tenore-
que presentium facimus, constituimus et creamus predictum fidelem nostrum
consanguineum et consiliarium, Joannem dominum Stewart de Traquair,
comitem de Traquair, dominum de Lyntoun et Caberstoun, et dedimus et
concessimus, tenoreque presentium damus et concedimus sibi, et heredibus
suis masculis, imperpetuum, cognomen et arma de Stewart gerentibus, titulum,
honorem, ordinem, et dignitatis gradum comitis, cum omnibus et singulis
prerogativis, preeminentiis, privilegiis, libertatibus, et immunitatibus ad eun-
dem pertinentibus et spectantibus, in quoquidem titulo, honore, ordine et
dignitatis gradu, investivimus et nobilitavimus, tenoreque presentium inves-
timus et nobilitamus, prenominatum predilectum nostrum consanguineum et
consiliarium, Joannem dominum Stewart de Traquair, etc., heredesque suos
masculos antedictos, omni tempore futuro, comites de Traquair, dominos
de Lyntoun et Caberstoun nuncupandos: Tenendum et habendum prefatum
titulum, honorem, ordinem, et dignitatis gradum comitis, cum omnibus et
singulis privilegiis, preeminentiis, prerogativis, libertatibus, et immunitatibus
ad eundem pertinentibus et spectantibus, predicto fideli nostro "consan-
guineo et consiliario, Joanni domino Stewart de Traquair et heredibus suis
masculis antedictis, de nobis et successoribus nostris, pro perpetuo, in omni-
bus et singulis nostris nostrorumque successorum parliamentis, generalibus
concilijs, privatis et publicis conventibus, cum jure, loco, et potestate in iisdem
suffragia ferendi, cum omnibus aliis prerogativis, dignitatibus, immunitatibus
et libertatibus, ad quemlibet comitem infra dictum regnum nostrum Scotie
pertinentibus, vel pertinere valentibus, aut que, quovis tempore preterito, vel
futuro, pertinere possunt : Mandantes leoni nostro regi armorum, suisque
fratribus fecialibus, quatenus additionem signorum et insignium presentibus
120 CHA H?TERS. [1633.
insignibus dicti predilecti mostri consanguinei et consiliarii, Joannis domini
Stewart de Traquair, sicuti in talibus casibus vsitatum est, dent et prescrib-
ant : Preterea, volumus et concedimus, tenoreque presentium, pro nobis et
successoribus nostris, decernimus et ordinamus quod hæ presentes literæ
nostræ sunt et erint tam valide effectuales et sufficientes, in omnibus respec-
tibus, antedicto predilecto nostro consanguineo et consiliario, Joanni domino
Stewart de Traquair, suisque [heredibus], pro fruitione et gavisione predicti
tituli, honoris, et dignitatis [gradus] comitis, cum omnibus et singulis preroga-
tivis et preeminentiis, privilegiis, libertatibus et immunitatibus, ad eundem
pertinentibus et spectantibus, [quasi] dictus predilectus noster consanguineus
et consiliarius, Joannes dominus Stewart de Traquair, in eodem, solemni ritu et
ceremonia, cum omnibus solemnitatibus, more antiquo, inauguraretur et inves-
tiretur, quocirca dispensavimus, temoreque presentium in hac parte dispens-
amus imperpetuum. In cuius rei testimonium presentibus magnum sigillum
nostrum apponi precepimus, apud Halyruidhous, vigesimo tertio die mensis
Junii, anno Domini millesimo sexcentesimo trigesimo tercio, et anno regni
nostri nono.
Per signaturam manu supremi domini nostri Regis suprascriptam.
66. EXTRACT ACT anent the creation of the title of EARL OF TRAQUAIR.
4th July 1633.'
Apud Dumfermline, quarto die mensis Julij, anno Domini millesimo
sexcentesimo tricesimo tertio.
FORSAMEKLE as the King's Majestie remembreth the birth, habilitie, and good
affectioum of his trustie and weilbelouit cousine and counseller, Johne Lord
Stewart of Tracquair, deputie thesaurar of the kingdome of Scotland, whairof
1 From the original Extract at Traquair House.
1633.] CHARTERS. 121
he hes givin sufficient and approved testimoneis in his Majesteis most weightie
effaires of this kingdome; and in speciall, his Majestie considdering the great
paines and travellis alreadie tane be the said Lord Tracquair, and to be vnder-
tane be him in his office, and otherwayes, tuicheing the provisioun and pre-
paratioun of manie weightie maters, verie expedient and necessar for his
Majesteis receptioun and interteanment at his comming and remaining within
this his ancient kingdome of Scotland; and his Majestie being willing, for
encouraging the said Lord Tracquair to continew in the lyke thankefull ser–
vice heerafter, to bestow vpon him some pledge and symbole of his royall
favour, his Majestie hes thairfoir, by his lettres patent of the date at Haly-
rudhous, the twentie thrid day of Junij last, made, constitute, and create the
said Lord of Tracquair Earle of Tracquair, Lord of Lyntoun and Caberstoun,
and hes givin vnto him and his airs male for ever, bearing the name and
armes of Steuart, the title, honnour, order, and degree of ane Earle, with all
the prerogatives, preeminences, priviledges, liberteis and immuniteis pertean-
ing thereto, as the said patent more fullie proports: The which patent, his
Majestie being in his palace of Dumfermeline, attended and accompanied
with the Duke of Lennox, Lord High Chamberlaine of this kingdome, the
Marqueis of Hamiltoun, and diverse others of his nobilitie and officers, de-
lyvered out of his hand to the said Johne Earle of Tracquair, as ane pledge
and tokin of his Majesteis royall favour and bountie, Ordaineing him and his
airis male foresaid to be callit in all tyme comming Earles of Tracquair, Lords
of Lyntoun and Caberstoun, and to have place, vote, ranke, and precedence in
all parliaments, generall counsellis, privat and publict meetings amongst the
Earles of this kingdome, according to the date of his patent and creatioun
foresaid: Lykeas the said Earle of Tracquair, with most submissive and humble
reverence, on his knees, receaved the said patent frome his Majestie, promis-
ing to the vºtermost of his endeavoures to approve himselfe answerable to the
Q
122 CHA MºTER.S. [1673.
trust that his Majestie hes reposed in his fidelitie and alledgeance. Extractum
de libris actorum Secreti Consilij Supremi Domini Nostri Regis, per me, Magis-
trum Gilbertum Prymerose, clericum ejusdem, sub meis signo et subscriptione
manualibus. Mr. G. PRYMEROSE.
67. EXTRACT of the BLAZONING of the COAT-ARMORIAL of CHARLES EARL OF
TRAQUAIR, etc. 20th September 1673."
To all and Sundrie whom it effeers, I, Sir Charles Araskine of Cambo, Knight,
Baronet, Lyon King of Armes, considering that, be the tuentie one act of the
third session of the second parliament of our dread soveraigne lord, Charles
the Second, be the grace of God, King of Scotland, England, France, and Ire-
land, defender of the faith, I am impowered to visit the wholl armes of noble-
men, prelats, barons, and gentlemen within this kingdome, and to distinguish
them with congruent differences, and to matriculat the same in my books and
registers, and to give armes to vertuous and weell deserveing persones, and
extracts of all armes expressing the blazoning of the armes vnder my hand
and seall of office, which register is thereby ordained to be respected as the
true and unrepealable rule of all armes and bearings in Scotland, to remaine
with the Lyon's office as a publict register of the kingdome: Therfore, con-
forme to the tenor of the said act of parliament, I testifie and make knowen
that the coat armour appertaining and belonging to the right honorable
Charles Earle of Traquair, Lord Caberstoune, and approven of and confirmed
be me to him, is matriculat in my said publict register vpon the day
and dait of thir presents, and is thus blazoned, viz., The right honorable
Charles Earle of Traquair, &c., for his atchievement and ensigne armoriall,
bears four coats quarterlie: First, Topaz, a fess checkie, saphire and pearle.
* From the original Extract at Traquair House.
1683.] CHARTERS. 123
Second, Saphire, three garbs, topaz. Third, Diamond, a mollet, pearle. Fourt,
Pearle, ane inescutcheon, rubie, voyded of the feild. In chiefe, three martlets
as the third. Above the sheild his croune, ouer the same ane helmet befitt-
ing his degree mantled rubie, doubled pearle. Next is placed for his crest, on
a garb, a crow proper, supported be two bairs proper, armed pearle. The
motto in ane escroll, above, “Judge Nought.” Which coat above blazoned I
declare to be the said noble Earle his coat and bearing. In testimonie wherof
I have subscryved this extract with my hand, and have caused append my
seall of office therto. Given at Edinburgh, the tuentie day of September, and
of our said Soveraigne lord's reigne the tuentie fyft year, 1673. -
CH. ARASKINE, Lyon.
68. PATENT in favor of Mr. THOMAS STEWART of Blair, of the title and dignity
of Knight Baronet. 2d June 1683.”
CAROLUs Dei gratia Magnæ Britanniae, Franciae et Hiberniae, Rex, Fideique
Defensor, omnibus probis hominibus ad quos presentes Literae pervenerint,
salutem: Noveritis, nos, benigne cupientes perpetuam regalis nostri favoris
tesseram, in fidelissimum et praedilectum nostrum magistrum Thomam Stewart
de Blair, unum ex Senatoribus nostri Collegij Iustitiae, ejusque heredes infra
mentionatos, conferre : Igitur dedisse, contulisse et concessisse, sicutinos, tenore
presentium, damus, concedimus et conferimus predicto Magistro Thomae
Stewart, et heredibus masculis de Suo corpore, titulum, dignitatem, gradum,
et honorem militis baronetti, atque ipsum, ejusque predictos, eodem titulo,
cum precedentia, prioritate, omnibusque alijs privilegiis et immunitatibus
militibus baronettis, virtute quorumcunque actorum, statutorum, diplomatum,
seu consuetudinum, in dominiis hisce nostris, debitis, Specialim vero in omni-
1 From the Registrum Magni Sigilli, Lib. 69, No. 40.
124 CHARTERS. [1683.
bus sessionibus, conventibus, aliisque congressibus quibuscunque, tam publicis
quam privatis, in hoc nostro regno fruiet gaudere, ordinamus: Nec non uxores
liberosque predicti Magistri Thomae Stewart, ejusque heredum, prioritatem,
precedentiam, privilegia, immunitates aliaque quaecunque, uxoribus, heredibus,
alijsque liberis militum baronettorum debita, retinere pariter ordinamus ;
cumque generalitate presentium, omnibusque formalitatibus, solennitatibus et
ritibus, in casibus ejusmodi usitatis, Omnino dispensamus : Leonj, porro,
armorum regi, ejusque fratribus fecialibus, prenominato Magistro Thomae
Stewart talia insignia armorea, sive prioribus insigniis additamenta, qualia
necessaria videbuntur, et convenientia, dare et concedere imperamus. In cujus
rei testimonium presentibus magnum Sigillum nostrum appendi praecepimus,
apud castrum nostrum de Windsor, Secundo die mensis Junij, anno Domini
millesimo Sexcentesimo Octogesimo tertio, regnique nostri anno trigesimo
quinto.
APPENDIX OF CHARTERS ETC.
I.—CHARTERS OF THE FAMILY OF LOGY OF LOGY,
NOW LOGIEALM OND.
69*. CHARTER by MALISIUS EARL OF STRATHERENE to MALISIUS OF LOGY, of
the lands of Cultenacloche and others in Glenalmond.—[Circa 1260.]
OMNIBUS hoc scriptum visuris vel audituris Malisius Comes de Stratherene,
filius quondam domini Malisii Comitis de Stratherene, eternam in Domino
salutem: Nouerit uniuersitasvestra me dedisse, concessisse et hac presenti carta
mea confirmasse domino Malisio de Logy, filio quondam domini Malisii senes-
calli de Stratherene, pro homagio et Seruicio Suo, totas terras meas de Cultena-
cloche et de Garfene et de Kypeny cum Corecase in Glennamone: Tenendas et
habendas sibi et heredibus suis de me et heredibus meis in feodo et heredi-
tate, et per omnes rectas diuisas Suas, et cum omnibus fortyris et communibus
pasturis et cum omnibus aliis pertinenciis et libertatibus suis, in bosco et
plano, in terris et aquis, in pratis et pascuis, in moris, mossis et maresiis, in viis
et semitis, in stagnis et molendinis et piscariis, in feris et auibus, in montibus
et vallibus, in collibus et rupibus, et cum omnibus aliis libertatibus ad dictas
terras pertinentibus vel aliquo tempore pertinere valentibus libere, quiete,
plenarie et honorifice: Faciendo tantummodo ipse et heredes sui pro meet
heredibus meis Scoticanum excercitum et commune auxilium domini Regis
quantum pertinet ad predictas terras: Et reddendo inde annuatim ipse et
heredes Sui michi et heredibus meis unum par cerothecarum vel unum den-
R*
126* CHARTERS OF THE [1330.
arium ad Pasca pro Omni seculari Seruicio, consuetudine, exactione et demanda,
et sine Omnimoda secta curie seu curiarum michi vel heredibus meis aliquo
tempore pertinente : Ego uero Malisius et heredes mei predictas terras cum
pertinenciis et libertatibus, ut plenius Supradictum est, predicto domino Malisio
et heredibus suis contra omnes homines et feminas warrantizabimus, acquie-
tabimus et defendemus inperpetuum : Et ut hec mea donacio, concessio et
presentis carte mee confirmacio perpetue stabilitatis robur in posterum optine-
ant presentem cartam sigilli mei in pressione roboraui : Testibus, dominis
Alexandro Comyne comite de Bochane, iusticiario Scocie, Fergusio Comyne
fratre eius, Malcolmo de Moravia tunc vicecomite de Perth, Dauid de
Lochore, Roberto Cambrune, Ranulpho de Laceles, Willielmo Olifard, Dun-
cano de Loraynse, militibus, Gilberto rectore ecclesie de Comry, Nicholao
rectore ecclesie de Crefe, Willielmo de Morauia filio domini Malcolmi de Mor-
auia, Duncano filio Fergusii, Lorne fratre eius, Tristramo de Gorty, Johanne
Mac Alpyne, Ath’ fratre eius, Patricio clerico, et aliis,
70*. CHARTER by MURDOCH EARL OF MENETETH to ROBERT OF LOGE, son of
Malisius of Logi, of Estir Broculli in Meneteth.-[Circa 1330.]
OMNIBUS hoc presens Scriptum visuris vel audituris : Murdacus Comes de
Meneteth eternam in Domino Salutem: Nouerit universitasvestra me dedisse,
concessisse et hac presenti carta mea confirmasse, Roberto de Logi filio
quondam Malisii de Logi, pro homagio et servicio Suo, totam terram de Estir
Broculli in Meneteth cum pertinenciis, per omnes suas rectas divisas et
marchias; tenendam et habendam Sibi et heredibus suis de meet heredibus
meis in feodo et hereditate, in bosco et plano, in pascuis et pratis, in terris et
aquis, in viis et Semitis, in molendinis, piscariis, venacionibus et aucupaci-
1344.] FAMILY OF LOG Y OF LOG Y. 1
2
7
A*
onibus, et omnibus aliis libertatibus, commoditatibus et aysiamentis tam non
nominatis quam nominatis ad dictam terram pertinentibus seu aliquo jure
pertinere valentibus, libere, quiete, plenarie, honorifice et in pace, faciendo inde
forinsecum servicium domini Regis quantum ad dictam terram pertinet, et
tres sectas quolibet anno ipse et heredes sui mihi et heredibus meis ad tria
placita capitalia comitatus de Memeteth pro omni alio seculari servicio, con-
suetudine, exaccione vel demanda que de dicta terra per me et heredes meos
in posterum exigi poterunt vel requiri. Ego vero predictus Murdacus et
heredes mei predictam terram cum pertinenciis ut plenius
predicto Roberto et heredibus suis contra omnes homines et feminas warranti-
zabimus acquietabimus inperpetuum et defendemus : In cuius rei testi-
monium hanc cartam sigilli mei impressione roboravi, hiis testibus videlicet
dominis Johanne de Menetethe, Willielmo de Montefixo, Waltero de Mene-
tethe militibus, Johanne de Moravia de Drumsergart, Gilberto de Drummamd,
Malcolmo de Drummand, et multis aliis.
71*. PRECEPT OF SASINE by KING DAVID II. in favour of JOHN OF LOGY, of
the lamds of Strathgartnay.—17th September [1344.]
DAUID Dei gracia Rex Scottorum vicecomiti et balliuis suis de Perth, salutem :
Sciatis nos veraciter intellexisse quod in reddicione ville Sancti Johannis de
Perth, per Robertum senescallum Scocie, militem, nepotem nostrum tunc
locum nostrum tenentem et per omnes regni nostri proceres in obsidione
dicte ville secum existentes, inter ceteras condiciones pro communi vtilitate
regni nostri hiis qui dictam villam contra nos de guerra tenuerunt factas,
concessas, fide firmatas et sigillis eorum omnium roboratas, terra de Strat-
gartemay cum pertinenciis Johanni de Logy filio quondam Johannis de
| 28% CHARTERS OF THE [1365.
Logy militis de communi consensu sub securitate predicta, Secundum quod
dictus quondam Johannes pater suus dictam terram cum pertinenciis aliquo
tempore iuste tenuit seu possedit, eidem Johanni de Logy filio hereditarie
possidenda, ex parte nostra Sibi fuit plene concessa ; nos concessionem et
permissionem sibi factam volentes in Omnibus obseruari in hac parte, vobis
districte precipimus et mandamus quatinus saysinam dicte terre de Strat-
gartenay cum pertinenciis eidem Johanni visis literis liberari faciatis indilate,
quod Johannes de Meneteth miles consanguineus noster predictam terram
cum pertinentiis jam occupat non obstante : In cuius rei testimonium
has literas nostras vobis mittimus patentes : Datum apud Dunfermline xvii
die Septembris anno regni nostri quinto decimo.
72*. CHARTER by ROBERT STEWARD OF SCOTLAND and EARL OF STRATHERNE to
JoHN OF LOGY, of the lands of Foulis, Gask, and others.-12th May 1365.
OMNIBUS hand cartam visuris vel audituris, Robertus Senescallus Scocie,
comes de Stratherne, salutem in Domino Sempiternam : Noueritis nos cum
consensu et assensu Eufemie sponse nostre dedisse, concessisse, et hac pre-
senti carta nostra confirmasse dilecto consanguineo nostro Johanni de Logy
domino eiusdem, omnes et singulas terras nostras in comitatu nostro de
Stratherne infrascriptas, videlicet, manerium de Foulys, et omnes et singulas
terras nostras dominicas de Foulys cum pertinentiis, Gask, Cristkynkell,
Buchnyn Letirbonachtyn, Lekog, Dromfyne, le toftys Dromy, Fauchalathyn,
Petlandyn, Formoucht, Creeff Orientalem, molendina de Foulys et de Melach,
cum pertinentiis, infra vicecomitatum de Perth : Tenendas et habendas dicto
Johanni, heredibus suis et Suis assignatis, de nobis et heredibus nostris, in
feodo et hereditate per Omnes rectas metas et diuisas Suas, in boscis et planis,
1365.] FAMILY OF LOGY OF LOGY. 129*
'moris, marresiis, viis et semitis, Ortis, pratis, pascuis et pasturis, aquis, stagnis,
et viuariis, molendinis, multuris, et eorum sequelis, aucupationibus, venacioni-
bus et piscationibus, cum bondis, bondagiis, natiuis, et eorum sequelis, cum
curiis et escaetis, cum tenandiis et Seruiciis liberetenencium, cum aduoca-
tionibus ecclesiarum, necnon cum Omnimodis aliis libertatibus, commodi-
tatibus, aysiamentis et iustis pertinenciis quibuscunque, tam Sub terra quam
supra terram, tam procul quam prope, tam non nominatis quam nominatis,
ad dictas terras et earum quamlibet spectantibus Seu quoquo modo iuste
spectare valentibus in futurum, adeo libere et quiete, plenarie, integre et
honorifice, in Omnibus et per omnia, Sicut aliquis comes in regno Scotie
aliquas terras cum pertinenciis liberius, quietius, plenius, integrius et honori-
ficencius alicui persone potest concedere siue dare : Reddendo inde nobis
et heredibus nostris dictus Johannes heredes et assignati Sui vnum denarium
argenti apud Foulys Supradictum annuatim ad festum pentecostes nomine
albe firme, si petatur tantum, pro wardis, releuiis, maritagiis, curiarum sectis,
consuetudinibus, exaccionibus, Seruiciis secularibus et demandis, que per nos
vel heredes nostros aut eorum aliquem, de dictis terris cum pertinenciis vel
earum aliqua aliquo tempore exigi poterunt vel requiri. Et nos Robertus
Senescallus Scotie comes de Stratherne predictus et heredes nostri omnes et
singulas terras predictas cum pertinenciis predicto Johanni heredibus suis,
et suis assignatis in Omnibus et per Omnia vt predictum est contra omnes
mortales warantizabimus, acquietabimus et in perpetuum defendemus: In
cuius rei testimonium presenti carte nostre sigillum nostrum fecimus apponi,
Testibus Johanne Senescallo domino de Kyle primogenito nostro, domino
Johanne Senescallo fratre nostro, Mauricio de Dromound, Waltero de Morauia
de Tolybardyne, Johanne de Roos, Hugone de Roos, Johanne Mercer, bur-
gensibus de Perth, et Johanne Kady ac aliis, apud Perth, duodecimo die
mensis Maij anno Domini millesimo coc" lx” quinto.
130* CHARTE RS OF THE [1365.
73*. DECLARATION by BARTHOLOMEW OF LONE, Knight, and spouse, relating to
the Marches betwixt Lethendys and Coultnecloyche.—[Circa 1365.]
VNIUERSIS ad quorum moticiam presentes litere peruenerint Bertholomeus de
Lone miles dominus de Balbougale et domina Philipa sponsa sua, salutem in
Domino: Quia de baronia de Logy est quedam villa que uocatur Coultne-
cloche que cum certis terris de nostris jacentibus infra comitatum de Stratheryn
que uocantur Lethynys metat, et ideo quod aliqui predictas terras de Lethin-
diys habentes ut possessores occupantes firmantes aut inframanentes occupa-
uerunt Corrergy dicentes dictum Corergy ad prefatas terras de Lethyndiys
pertimere veraciter: Sciatis quod nos cognouimus et omnibus motum facimus
quod Socoth inter riuum de Erregi et riuum de Telleny est de rectis et
iustis pertinenciis dicte terre de Coulnecloyche, et ad maiorem huius rei
securitatem ac diucius testimonium et omnium licium discordiarum et nocu-
mentorum remocionem, vniuersitati vestre motum facimus quod dictum Cor-
rergi minime ad dictas terras de Lethyndyis pertinere dinunciamus, sed
omnino ad predictas terras de Coultnecloyche contingere et pertinere, et quod
nos pro nobis, heredibus nostris assignatis et omnibus prescriptis omnem titulum
clameum vel occupacionem quas vel que nos ipsi vel eorum aliqui in pre-
dicto Corrergy per aliquam causam vel iuris titulum habuimus vel habuerunt
habemus vel habebimus in futurum Johanni de Logy domino eiusdem renun-
ciauimus damus et renunciamus nunc et in perpetuum ; et omnino pro nobis
et omnibus prescriptis dictum Corrergy ut justam pertinenciam dicte ville
de Coultnecloche remanere pronunciamus; et prefatum Corrergy ut aliquas
pertinencias ad dictas terras de Lethyndyis per nos vel aliquos predictos
numquam exigi vel requiri: In cuius rei testimonium sigilla nostra presenti
scripto sunt appensa.
1366.] ÆFAMILY OF LOGIY OF LOG Y. 13 1*
74*. CHARTER by KING DAVID II. granting of new to JOHN OF LOGy the
lamds of Logy.—26th July [1366.]
DAUID Dei gratia rex Scottorum omnibus probis hominibus tocius terre sue
clericis et laicis salutem : Cum dilectus et fidelis noster Johannes de Logy
filius et heres quondam Johannis de Logy militis apud Edynburgh, die Octaua
mensis Maii anno Domini millesimo ccc"'° lx"'° sexto, omnes et singulas
terras suas de Logy cum pertinenciis infra comitatum de Stratherne in mani-
bus Roberti senescalli Scocie comitis de Stratherme nepotis nostri tune im
presencia nostra et plurium nobilium regni nostri existentis per fustum et
baculum sursum reddiderit pureque et simpliciter resignauerit, ac idem comes
nepos noster postea apud Sconam vicesimo quinto die mensis Julii anno
Domini supradicto, non vi aut metu ductus, nec errore lapsus, sed mera, et
spontanea voluntate sua, omnes et singulas predictas terras de Logy cum
pertinenciis sic sibi antea resignatas nobis per fustum et baculum sursum
reddiderit pureque et simpliciter resignauerit, ac totum jus et clameum quod
in dictis terris cum pertinenciis habuit vel habere potuit in futurum pro se
et heredibus suis omnino quietum clamauerit in perpetuum : Noueritis mos
dedisse, concessisse et hac presenti carta nostra confirmasse predicto Johammi
de Logy omnes et singulas predictas terras de Logy cum pertinenciis in
comitatu de Stratherne infra, vicecomitatum de Perth : Tenendas et habendas
dicto Johanni et heredibus suis de nobis et heredibus nostris in feodo et
hereditate in perpetuum, per omnes rectas metas et diuisas suas, in vnam
integram et liberam baroniam ac liberam regalitatem, libere, quiete, plenarie,
integre et honorifice, in boscis et planis, moris, marresiis, viis et semitis, aquis
et stagnis, molendinis multuris et eorum sequelis, aucupacionibus venacionibus
et piscacionibus, bondis bondagiis natiuis et eorum sequelis, cum tenandiis et
132* CHARTERS OF THE [1366.
seruiciis liberetenencium, cum euriis et escaetis, cum furca et fossa sok et sak
tholl et theam et infangand theff, necnon cum omnibus aliis et singulis liber-
tatibus commoditatibus aysiamentis et iustis pertinenciis quibuscumque, tam
sub terra quam supra terram, tam mom nominatis quam nominatis, ad dictam
baroniam spectantibus seu quoquo modo iuste spectare valentibus in futurum :
Reddendo inde nobis et heredibus nostris dictus Johannes et heredes sui
vnum denarium argenti annuatim ad festum pentecostes apud capitalem
mansum de Logy si petatur nomine albe firme tantum pro wardis releuiis
maritagiis curiarum sectis consuetudinibus exaccionibus seruiciis secularibus
seu demandis, que de dicta baronia, cum pertinenciis aliquo tempore exigi
poterint vel requiri: In cuius rei testimonium presenti carte nostre sigillum
nostrum precepimus apponi: Testibus venerabilibus in Christo patribus
Willelmo episcopo Sancti Andree, et Patricio episcopo Brechinensi cancellario
nostro, Patricio comite Marchie et Morauie, Thoma comite de Marr, Willelmo
comite de Douglas, Willelmo de Keth marescallo nostro Scocie, Roberto de
Erskyne, Waltero de Haliburtoun, et Hugone de Eglyntoun, militibus, apud
Sconam in pleno parliamento nostro tento ibidem vicesimo sexto die mensis
Julii anno regni nostri tricesimo septimo.
75*. AssENT of several Peers met in Parliament, to a grant by KING DAVID II.
to JOHN OF LOGY of that Ilk of his lands in Annandale.—26th July 1366.
UNIUERSIS ad quorum noticiam* Alexander, Alexander,
Patricius et Alexander ecclesiarum Abirdonensis, Morauiensis, Brechimensis
et Rossensis Dei gracia episcopi, Robertus senescallus Scocie
comes Marchie et Morauie, Thomas comes de Marr, et Willelmus comes de
1 The original is torn here and at the other blanks,
1366.] FAMILY OF LOG Y OF LO(;')T. I 33*
Douglas, Willelmus de Keth marescallus Scocie de
Haliburtoun, Walterus de Lesley, Alexander de I.yndesay, Hugo de Eglym-
toun et Willelmus de Disschyngtoum milites, Walterus de Wardlaw
et Gilbertus Armstrang prepositus Sancti Andree, salutem
im omnium Saluatore : Nouerit vmiuersitas vestra nos in presencia excellem-
tissimi principis domini Dauid Dei gracia Regis Scottorum illustris
apud Sconam in pleno parliamento suo tento ibidem vicesimo sexto die mensis
Julii anno Domini millesimo [ccc° sexagesimo] sexto et regni dicti domini mostri
{egis tricesimo septimo personaliter interfuisse, vbi et quando idem dominus
noster Rex de sua gracia speciali dedit et concessit dilecto et
fideli suo Johanni de Logy domino eiusdem omnes et singulas terras suas
vallis Amandie cum suis juribus libertatibus commoditatibus et pertinenciis
quibuscumque ; adeo libere et quiete, plenarie, integre et honorifice in omnibus
et per omnia, sicut recolende memorie quondam Robertus Dei gracia, Rex
Scottorum progenitor dicti domini nostri Regis quondam domino Thome
Ranulphi eomiti Morauie nepoti suo easdem terras vallis Anandie cum per-
tinenciis dedit et concessit, prout in carta et litteris inde confectis plenius
continetur: Ad quas quidem donacionem et concessionem nostrum consilium
prebuimus concorditer et assensum ; promittentes fideliter et quilibet nostrum
promittens singillatim pro nobis et heredibus nostris quod in contrarium
dictorum consilii et assensus nostri nuncquam aliquid facere vel dicere attemp-
tabimus coniunctim vel diuisim, clam vel palam, aut dici vel fieri procurabi-
mus quoquo modo : In cuius rei testimonium presenti scripto quilibet nostrum
sigillum suum apposuit, loco, die et anno suprascriptis.
§*
1.34% CHARTERS OF THE [1368.
- * - - - - -
76*. CHARTER by KING DAVID II. to JOHN OF LOGY of the lands of Logy in
free barony.—26th July [1368.]
DAUID Dei gratia Rex Scottorum omnibus probis hominibus tocius terre
sue clericis et laicis salutem: Sciatis nos dedisse, concessisse et hac presenti
carta nostra confirmasse, dilecto et fideli nostro Johanni de Logy filio et heredi
quondam Johannis de Logy militis, pro suo fideli seruitio nobis impenso,
totas et integras terras nostras de Logy cum pertinenciis infra vicecomitatum
de Perth, quas quidem terras cum pertimenciis, nepos noster carissimus
Robertus senescallus Scotie comes de Stratherne nobis per fustum et baculum
coram pluribus fidedignis in castro de Edynburgh vicesimo die mensis Julij,
anno Domini m” ccc.” Sexagesimo Septimo Sursum reddidit, pureque sponte
et simpliciter resignauit, ac Omne jus et clameum que habet vel habuit
vel habere potuit in dictis terris cum pertinenciis, pro se et heredibus suis
vel assignatis omnino quiete clamauit in perpetuum : Tenendas et habendas
predictas terras cum pertinentiis predicto Johanni heredibus suis et assignatis
de nobis et heredibus nostris, in feodo et hereditate in libera baronia pro per-
petuo, sine aliquo retinemento, libere, quiete, plenarie, integre, honorifice,
bene et in pace, per omnes rectas metas et diuisas Suas in longitudinem et
latitudinem, cum homagiis et Seruiciis libere tenentium, cum bondis et bonda-
giis, natiuis et eorum sequelis, cum omnibus aliis libertatibus, commoditatibus
et aysiamentis, et Omnibus pertinenciis Suis, tam non nominatis quam nomi-
natis, tam Sub terra quam supra terram, ad dictas terras de Logy pertinentibus,
vel aliquo modo jure aut titulo pertinere valentibus, in pratis pascuis et
pasturis, in moris, marresiis, viis, Semitis, aquis, stagnis, molendinis, multuris,
bracinis, fabrinis et eorum sequelis, aucupacionibus, venacionibus, piscariis,
siluis et siluariis, cum curiis et eschaetis, cum tholl et theame, sok et sak,
1370.] FAMILY OF LOG Y OF LOG Y. 135*
pitt galovs et infangantheff, et cum omnibus aliis libertatibus, eommoditati-
bus et aysiamentis, ac iustis pertinenciis quibuscunque, ad dictas terras cum
pertinentiis spectantibus seu spectare valentibus quomodolibet in futurum :
concessimus eciam eidem Johanni, heredibus suis et assignatis, vt habeant et
possideant totas predictas terras de Logy cum pertinenciis, vt prescriptum
est, in liberam regalitatem : Reddendo inde annuatim nobis et heredibus
nostris dictus Johannes heredes sui et assignati apud manerium suum de
Logy vnum denarium argenti ad festum Sancti Johannis Baptiste, nomine
albe firme si petatur tantum, pro Wardis, releuiis, maritagiis, sectis curiarum,
consuetudinibus, exaccionibus et demandis, ac omnibus aliis seruiciis secu-
laribus quibuscumque que de dictis terris cum pertinentiis aliquo modo in
futurum exigi poterunt, seu requiri: In cuius rei testimonium presenti carte
nostre sigillum nostrum fecimus apponi: Testibus venerabilibus in Christo
patribus Willelmo episcopo Saneti Andree, Alexandro episcopo Aberdonensi,
et Patricio episcopo Brechinensi cancellario nostro, Roberto semescallo Scocie
comite de Stratherne, nepote nostro, Patricio comite de Marchia et Morauia,
Willelmo comite de Douglas, Roberto de Erskyne, Waltero de Halyburtoum,
et Willelmo de Dysschyngtoun, militibus, apud Edynburgh vicesimo sexto die
mensis Julii anno regni nostri tricesimo momo.
77*. CHARTER by ISABELLA COUNTESS OF FIFE to JOHN OF LOGY of the lands
of Lanyme, in the shire of Edinburgh.—No date [circa 1370.]
OMNIBUS hanc cartam visuris uel audituris, Ysabella Comitissa de Fyfe, salutem
in Domino sempiternam : Vestra nouerit vniuersitas nos dedisse, concessisse et
hac presenti carta nostra confirmasse dilecto nostro Johanni de Logy domino
eiusdem, pro suo consilio et auxilio nobis impenso, totam et integram terram
e
13.6% CHARTERS OF THE [1370.
nostram de Lanyne, cum pertinenciis, infra vicecomitatum de Edynburgh :
Tenendam et habendam totam et integram terram predictam cum pertinenciis
prefato Johanni, heredibus suis et assignatis, de nobis et heredibus nostris,
in feodo et hereditate imperpetuum, per omnes rectas metas Suas et diuisas
in moris, marreseis, petariis, pratis, pascuis et pasturis, viis, Semitis, boscis,
planis, aucupacionibus, venacionibus et piscariis, molendinis, multuris et
eorundem sequelis, fabrinis, bracinis et aliis officinis, bondis, bondagiis et
matiuis, Gum eorundem sequelis, cum curiis et curiarum exitibus, et aliis
eschaetis quibuscumque, libere, quiete, bene et pacifice, cum omnibus aliis et
singulis libertatibus, commoditatibus, et aysiamentis, tam non nominatis
quam nominatis, tam Sub terra quam supra terram, in omnibus et per Omnia,
ad predictam terram cum pertinenciis, spectantibus seu aliquo modo de jure
aut consuetudine spectare valentibus quomodolibet in futurum : Reddendo inde
annuatim ipse Johannes heredes sui uel assignati nobis et heredibus nostris
vnum par cyrothecarum albarum nomine albe firme apud villam de Lanyne
si petantur ad festum natiuitatis beati Johannis Baptiste, et Vnum annuum red-
ditum viginti marcarum Willelmo de Sancto Claro domino de Roslyne et heredi-
bus suis, ad duos terminos Vsuales, videlicet, ad festum Pentecostes et Sancti
Martini in yeme, per equales porciones tantum pro Omnibus aliis et singulis
seruiciis secularibus, omnibus exactionibus Seu demandis que de dicta terra
cum pertinenciis exigi poterunt per aliquem alium vel requiri. Nos vero
prefata Ysabella heredes nostri et assignati predicto Johanni heredibus suis
et assignatis predictam terram cum pertinenciis Omnibus et singulis, ut pre-
dictum, contra omnes homines et feminas Warantizabimus, acquietabimus et
imperpetuum defendemus: In cuius rei testimonium presenti carte nostre
donacionis in legitima viduitate et libera facte sigillum nostrum est appensum :
Testibus venerabilibus in Christo patribus et dominis Willelmo et Waltero
Dei gracia Sancti Andree et Dunblanensi episcopis, discretis viris dominis
1377.] Æ7A MILY OF LOG Y OF LOG Y. 137*
Andrea de Valans nostro senescallo, Willelmo de Dyssingtoun, Johamme de
Rendeloch militibus, Johanne de Kenner, et Andrea de Ramsay de Rethy, et
multis aliis.
78*. CERTIFICATION by the BISHOP OF ABERDEEN that the lands of Logy had
been granted by KING DAVID II. to JOHN OF LOGY.—29th July 1377.
VNIUERSIS sancte matris ecclesie filiis ad quorum noticiam presentes litere
peruenerint: Alexander Dei gracia episcopus Aberdonensis salutem in D0-
mino sempiternam : Cum pium sit et meritorium fidele veritati testimonium
perhibere : nouerit vniuersitas vestra nos alias vna cum aliis regni Scocie
prelatis et proceribus personaliter interfuisse, vbi et quando bone memorie
dominus Dauid rex Scottorum illustris in pleno parliamento suo tento apud
Sconam de consensu, assensu et digesta deliberatione dicti parliamenti sui
dedit et de sua gracia speciali pure et simpliciter concessit fideli suo Johanmi
de Logy domino eiusdem diuersas terras et possessiones in feodo et hereditate
in perpetuum adeo libere et quiete, quod licet de aliis suis donacionibus et
concessionibus aut assignacionibus fieret forte postmodum reuocacio, de ipsis
cum terris et possessionibus predicto Johanni de Logy tunc datis et concessis
specialiter nec generaliter per se nec aliquos suos successores nulla reuocacio
fieret vnquam in futurum, ad quas quidem donaciones et concessiones de
diuersis terris et possessionibus eidem Johanni de Logy ex matura delibera-
tione predicti parliamenti, vt premittitur, factas, testificamur et fatemur nos
vna cum aliis paribus nostris in dicto parliamento existentibus consensum
nostrum et assensum sponte contulisse, nec in huiusmodi donacionis et com-
cessionis de dictis terris et possessionibus eidem Johanni, vt prefertur, facte
contrarium aut derogacionem deuenimus vnquam diximus aliquid vel fecimus,
1 38% CHARTERS OF THE [1385.
aut consentiuimus, mec sciuimus vel audiuimus ipsum Johannem aliquam
causam prestitisse vnde de dictis terris Suis et possessionibus legittime sic
adeptis aliqualiter debeat denudari: In cuius reitestimonium sigillum nostrum
presentibus apponi fecimus apud canoniam nostram de Aberdone vicesimo
nono die mensis Julii anno Domini millesimo tricentesimo Septuagesimo
Septimo.
79*. INDENTURE by ANDREW MERCER, Lord of Mekylhour, on the Agreement
between ROBERT EARL OF FYFE AND MENTEITH and JOHN OF LOGY, as to
the lands of Logy and Stragartnay—[15th May] 1385.
TYL al that thir lettrys herys or seys, Androw Mercer, Lorde of Mekylhour,
gretyng in God ay lestand ; Tyl yhur vniuersite be wyttyn, that my redoutyt
lorde, Syr Robert Stewart, Eryl of Fyfe and Menteth, and Jon of Logy, squyer,
the sune and the ayre of Syr Jon of Logy, knycht, of thair fre wyl, name beand
present bot we thre before nemmyt, put in myne ordenans al the debate and
the questyoun that wes betwene thaim for the landys of Logy and of Stra-
gartnay; and hwevyr that I ordaynyt and determynyt thaim to do, the for-
Sayde Syr Robart and John faythfully heht, strekand thair handys in myne,
bodely makand gude fayth that thai sulde halde sekir, ferme, and stabyl; and
this ilke forSayde cunand made apon this cause before wrytyn, the forSayde
Syr Robart and John reuuleyt and afermit, in the presens of myne excellent
Prynce Robart, thrw the grace of God Kyng of Scotland, and his eldest sune
John eryl of Carryke, Maystir Dunckane Petyte, Ersdene of Murrefe, and
Thomas of Rate; and in the tyme that I the forsayde Androw assentyt to
resayue this cause before wrytyn in myne ordenans, and thairof to gyf iuge-
ment be the recorde of my twnge, I made bodely fayth it ryhtwysly to dome ;

s "away ſºfta º ºſ', º$ta, Qc89 ae ºr * ſº ſº.
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3) ..f. $ow…) at té tº ſº Mytyv. y& º
*H ºf ºslºw fuſcºt . Sºwy detºys tº
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ºr. ** º º pºt º “y º &) ºf



1385.] FA J/II, Y OF LOGY OF LOGY. 13.9%
and I the forsayde Androw iuge betwene the forSayde Syr Robart and John, of
thair fre assent, as is before wrytyn, I avysyt and Vmbethoht hafand ee to
mesur and rychtwysenes, consyderand to lete mykylyl scath and grete sclandyr,
yharnand thair endeful and tendyr frenschepe, forsuth determynyt thaim fully
tyl acorde eftyr the tenur of certane endentarys and obligations, the qvylk I
ordaynyt thaim to sele; and tharatowr for syndry dowtis, I ordaynyt the
forsayde Syr Robart frely to dely vyr and than presently vp to gyf to the
forsayde John al the landys of Logy and of Stragartmay before wrytyn, and
throw vertu of bodely fayth at the forSayde Syr Robart and John wes
oblyste lelly to fulfyl and trewly to halde my determinacyoun and ordenans
of the cause before wrytyn, the forsayde Syr Robart for suth throw vertu of
the forsayde obligacyoun rycht yan presently frely delyueryt and vpgefe,
wyth staf and styk, to the forSayde John the landys before nemmyt; q when
that wes done, I orday nyt the forsayde Syr Robart to gyf his trowth to the
forsayde John, and the forsayde John to gyf his trowth to the forsayde Syr
Robart, beand to thaim bath in vertu of Sylk aht as is wytnest in thair
endenturys, lelly to halde ferme and stabyl al thyngis thar determynyt,
ordaynyt and dune; the qwhylk trowthys thai gefe bodely ilkane tyl othyr,
afermand as is before sayde, nathyng thair agayne Sayand; and qwhen al this
wes dune, as is before wrytyn, the forsayde John askyº me wes that the con-
clueyoun of myne ordenans, to the qvhylk askyng, I, the forsayde Androw,
forsuth answeryt that suthfastly yha: And at al this before wrytyn, wes thus
dune in dede on Mononday neste before WhySSonday, the yher of hour Lorde
a thowsand thre hundyr fourScor and fyve, beand my ful and playne deter-
mynacyoun, and the ende of myne ordenans fullely demyt betwene the
forsayde Syr Robart and John, of the cause before sayde at thai put in myne
ordenans, as is befor wrytyn, tyl al men I mak knawyn throw theis present
lettrys endentyt, beand my playne and ful endyt dome, as is before wrytyn :
140* CHARTERS OF THE [1387.
the ta parte of this endentur in wytnesyng of al thyng
in it contenyt dwelland wyth the forsayde Syr Robart
E. $\ of my delyuerans as fulendyt dome vndyr my sele; the
[?] tother parte of this endenture in wytmesyng of al thyng
37 ;,, ;. contenyt dwelland wyth the forsayde John of my
delyuerans as ful endyt dome vndyr my sele; and to
the wytnes of the qlkylkis, al and syndry in thir em-
dentyt lettrys contenyt, tyl ilk parte of the forsayde
indenturis I hafe put my sele.
80*. CHARTER by KING RoBERT II., confirming CHARTER, dated 26th July
1368, by KING DAVID II. to JoHN of Logy, of the lands of Logy,
6th October [1387.]
RoBERTUs Dei gratia Rex Scottorum, omnibus probis hominibus tocius terre sue
clericis et laicis salutem: Sciatis noscartam recolende memorie quondam domini
Dauid RegisScottorum auunculi et predecessoris nostridemandato nostro visam,
inspectam, lectam et diligenter examinatam, non rasam, non abolitam, non cancel-
latam nec in aliqua sui parte viciatam, intellexisse ad plenum sub hac forma:
Dauid, Dei gratia rex Scottorum, etc.—[Vide No. 76*, supra.]—Quamquidem
cartam donacionemque et concessionem in eadem contentasin omnibus punctis
suis et articulis, conditionibus et modis ac circumstantiis suis quibuscunque,
forma pariter et effectu, in omnibus et per omnia approbamus, ratificamus et
pro nobis et heredibus nostris, vt premissum est, imperpetuum confirmamus,
saluo seruicio nostro: In cuius rei testimonium presenti carte nostre confirma-
cionis nostrum precepimus apponi sigillum; testibus venerabilibus in Christo

1387.] FAMILY OF LOG Y OF LOG Y. 14 1*
patribus, Valtero et Johanne cancellario nostro Sanctiamdree et Dunkeldensis
ecclesiarum episcopis, Johanne primogenito nostro de Carryk senescallo
Scocie, Roberto de Fif et de Montetht, Jacobo de Douglas, filiis nostris
dilectis, comitibus, Archebaldo de Douglas, et Thoma de Erskyne con-
sanguineis nostris, militibus, apud Kylwynim, sexto die Octobris, anno regni
nostri decimo septimo.
81*. PRECEPT by KING ROBERT II. for infefting JoHN OF LOGY in the lands
of Logy, etc.-—8th June [1387.]
{OBERTUs Dei gracia Rex Scottorum vicecomiti et balliuis suis de Perth,
salutem : Quia in presencia nostra et carissimi primogeniti nostri Johannis
comitis de Carryk semescalli Scocie et quam plurium aliorum, Robertus comes
de Fyf et de Menteth dilectus filius noster renunciauit pro perpetuo et libere
liberauit Johanni de Logy omnes terras de Logy et de Strogartnay cum omni-
bus pertinenciis, tanquam iustas et rectas hereditates predicti Johannis,
eidemque Johanni iuste et legitime iudicatas, mandamus vobis firmiter et
districte precipimus, quatimus predictum Johannem vel suos certos attornatos
eius nomine ad iustam et rectam possessionem dictarum terrarum cum per-
tinenciis restituatis indilate, ac supra limina et solia ipsarum terrarum tradatis
dicto Johanni, vel dictis attornatis suis in eius nomine, sasinam hereditariam
atque statum, ipsum vel ipsos in eisdem possessione et sasina atque statu
dictarum terrarum cum pertinenciis iuste fortificetis, manuteneatis, et auc-
toritate nostra regia defendatis, si quis, quod absit, ipsum aut ipsos in dictis
possessione sasima et statu contra tenorem presentis mandati nostri per-
turbaret : Datum sub testimonio nostri magni sigilli octauo die Junii, anno
regni nostri septimo decimo.
S.
T*
] 49* CHARTER,S OF THE [1387.
82*. CERTIFICATION by WALTER STEWART of Raylistoun, Sheriff of Perth, that
he had reinstated JOHN OF LOGY in the lands of Logy.—4th July 1387.
OMNIBUS ad quorum noticiam presentes litere peruenerint Walterus Senescal-
lus dominus de RaylistOum et vicecomes de Perth, salutem in Domino sempi-
ternam : Nouerit vniuersitas vestra nos alias habuisse in mandatis a metu-
endissimo domino nostro Roberto rege Scottorum sub magno suo sigillo quod
restituerimus Johannem de Logy ad terras de Logy cum pertinenciis infra
vicecomitatum de Perth ; virtute cuius mandati testificamur nos in presencia
dicti domini nostri regis ac plurimorum procerum et fidedignorum dictum
Johannem ad dictas terras de Logy cum pertinenciis restituisse, ita libere sicut
prefatus Johannes dictas terras cum pertinenciis vnquam in aliquo tempore
habuit, gaudebat vel possidebat ; Et hoc omnibus quorum interest vel inter-
esse poterit tenore presencium motificamus: In cuius rei testimonium sigil-
lum nostrum presentibus est appensum, apud Logy quarto die mensis Julii
anno Domini millesimo ccc"'° octogesimo septimo.
83*. LETTER by ROBERT EARL OF FIFE and MENTETH to obey JOHN OF LOGY
as the lawful Lord of Strogartnay.—22d March 1390.
ROBERTUs comes de Fyf et de Menetetht omnibus terras de Stragartnay inha-
bitantibus ac omnibus quorum interest, salutem : Licet alias vobis dedimus in
mandatis ad non obediendum dilecto consanguineo nostro Johanni de Logy
domino vestro ; tamen consideratis ad plenum clameo et iure dicti Johannis et
pro se determinatis de eisdem terris de Strogartnay cum pertinenciis, vobis
precipimus et mandamus quatenus de presenti dicto Johanni, et de cetero,
1392.] FAMILY OF LOGIY OF LOG Y. 143*
tanquam vero domino et legitimo dictarum terrarum de Strogartnay respon-
deatis, pareatis et intendatis: Et hoc sub pena que competit non omittatis :
In cuius rei testimonium presentibus sigillum nostrum precepimus apponi,
ΤΩ O
apud Perth vicesimo secundo die mensis Marcii anno Domini m° ccc".
nonagesimo.
84*. CERTIFICATION by MURDOCH STEWART, Justiciar, that two men from Logy
had beem transferred to the jurisdiction of the Court of the regality of
Logy.—20th May 1392.
OMNIBUs has literas visuris vel audituris Murdacus Semescalli dominus de
Apthane justiciarius ex parte boriali aque de Forth, salutem : Sciatis quod in
pleno itinere iusticiarie per nos tento vicesimo die mensis Maij anno Domini
millesimo trecentesimo monogesimo secundo, apud Perth in pretorio eiusdem
burgi, duo homines indictati et arestati per coronatorem erant intrati sic
nominati, videlicet, Domaldus Schethsoum et Neuem Domaldsoum, quosquidem
homines Johannes de Logy dominus eiusdem clamabat esse suos et habitantes
in terris suis de Logy predictis ; et tunc personaliter monstrans vnam cartam
bone memorie Dauid quondam regis Scotorum illustris sub suo magno sigillo,
et super eandem cartam vnam confirmacionem recolende memorie quondam
Roberti regis Scotorum illustris sigillo ipsius magno sigillatam, quam quidem
cartam et confirmacionem veraciter per Willelmum de Camera clericum nostrum
dicti itineris justiciarie de verbo in verbum perlecte fuerant, sic incipientes in
modis et formis que secuuntur: Robertus Dei gracia rex Scottorum, etc.—[Vide
No. 76* et No. 80*, supra.]—Quibus vero in prefato itinere ad auditum nostri et
tocius curie perlectis, dictus Johannes plegium quendam extendebat, quod virtute
dicte carte debuit prefatos homines suos habere ad plegium ad curiam suam re-
144* CHARTERS OF THE [1396.
galitatis de Logy; quoquidem plegio per nos
recepto, etipso extra curiam remoto,diligenter
consiliati et curia auisata plene declarauerunt
in nostri presencia, ut predicitur, vt dictus
Johannes prefatos suos homines extra pre-
fatam curiam itineris justiciarie ad curiam
suam regalitatis de Logy habere debuit, et
tunc eosdem extra curiam justiciarie ad
libertatem et regalitatem predicti Johannis
virtute carte sue predicte deliberare fecimus
in instanti: Et quod acta et facta sic fuerant
sigillo nostro officii nostri justiciarie supra-
dicti testificamus anno, mense, et loco
supradictis.
s5*. CERTIFICATION by WALTER of ToLACH, Chamberlain-depute, that he had
13th
delivered four prisoners for trial at the Regality Court of Logy.
April 1396.
VNIUERsis has literas visuris vel audituris Walterus de Tolach deputatus
camerarii ex parte boriali aque de Forth, salutem : Sciatis quod im pleno
itinere camerarie per nos tento apud Perth, decimo tertio die mensis Aprilis
cum continuacione dierum, anno Domini millesimo ccc"" monogesimo sexto,
in pretorio eiusdem burgi, quatuor homines in dicta curia erant intrati, sic
nominati, videlicet, Domaldus Scot, Gilys filius Randy, Michael filius Cristini,
et Andreas Leche, qui erant ad dictam curiam itineris per vicecomitis
mandatum arestati tanquam foristallatores dicti burgi de Perth: In quaquidem

1396.] FAMILY OF LOG Y OF LOG Y. 145*
curia personaliter comparuit Johannes de Logy dominus eiusdem, et eosdem
homines clamabat esse suos manentes et inhabitantes dictas terras de Logy,
ac ibidem oretinus monstrauit quod ipse easdem terras tenuit de domino
Rege in capite in liberam regalitatem, datas de Rege Dauid et confirmatas
de Rege Roberto muper defuncto ; hoc audito, et prefato Johanne extra curiam
remoto, nos cum curia diligenter auisati diliberauimus eidem Johanni homines
suos prefatos ad libertatem et regalitatem suam de Logy virtute suarum
infeodacionum : In cuius rei testimonium sigillum nostrum presentibus est
appensum, apud Perth die mensis et anno prescriptis.
86*. CHARTER OF CONFIRMATION by KING INOBERT III. tO JOHN OF LOGY of
the lamds of Logy.—30th April [1396.]
ROBERTUs Dei gracia Rex Scottorum, omnibus probis hominibus tocius terre
sue clericis et laicis, salutem ; Sciatis nos cartam recolende memorie quondam
domini Dauid regis Scottorum factam Johanni de Logy super terris de Logy,
et super eandem cartam confirmacionem in maiori forma recolende memorie
dudum domini Roberti regis Scottorum patris et predecessoris nostri, de mandato
nostro visas, inspectas, lectas et diligenter examinatas, non rasas, non abolitas,
nom cancellatas, mec in aliqua sui parte viciatas, intellexisse ad plenum sub
hac forma : Robertus Dei gracia rex Scottorum, etc.—[Vide No. 76* et No. 80*,
supra.]—Quasquidem cartam, donacionem confirmacionemque et concessionem
in eisdem contentas in omnibus punctis suis et articulis, conditionibus et
modis ac circumstanciis suis quibuscumque, forma pariter et effectu, in omni-
bus et per omnia approbamus ratificamus et pro nobis et heredibus mostris
inperpetuum confirmamus, saluo seruicio nostro : Insuper concessimus, damus
et concedimus eidem Johanni heredibus suis vel assignatis, vt ipsi habeant
temeant et possideant de nobis et heredibus nostris dictas terras de Logy cum
14.6% CHARTERS OF THE [1396.
pertinenciis in liberam warrennam imperpetuum cum feodis et forisfacturis :
Quare firmiter prohibemus me quis in eisdem terris Secet, aucupet aut venetur,
seu in lacubus viuariis vel stagnis suis piscare presumet, sine licencia ipsius
Johannis, heredum aut assignatorum suorum, speciali, Super nostram plenariam
forisfacturam amerciamenti nostri decim librarum sterlingorum ad vsum dicti
Johannis heredum aut assignatorum suorum leuandarum et percipiendarum ;
acetiam damus plenariam potestatem et auctoritatem nostram predicto Johanni
de Logy, heredibus suis aut assignatis, vt omnes qui in dictis terris de Logy,
aut eiusdem pertinenciis statim dictis, aucupant, venantur aut piscantur, ipsos
arestandi per eundem Johannem heredes suos vel assignatos aut eorum offici-
arios ad curiam dictarum terrarum Suarum de Logy, et ibi calumpniari, judi-
cari, condampnari et non alibi refrenari, dummodo prefatus Johannes heredes
sui vel assignati tam de dampnis quam de dicta pene summa plenarie fuerint
satisfacti: Damus eciam et concedimus dicto Johanni heredibus suis vel
assignatis totam et integram piscariam aque de Amond nos contingentem
vbicunque ex vtraque parte aque predicte, cum plenaria potestate et autori-
tate nostra speciali per se ipsum, heredes, assignatos auteorum officiarios vel
substitutos arestandi Omnes et singulos Super aquam predictam tempore pro-
hibito piscantes ad curiam Suam de Logy, et ipsos in dicta curia sua.
calumpniandi, amerciandi, puniendi et amerciamenta inde contingencia ad vsus
suos heredum aut assignatorum Suorum leuandi et percipiendi. In cuius rei
testimonium presenti carte nostre nostrum precepimus apponi sigillum : Testi-
bus venerabilibus in Christo patribus Waltero et Matheo Sanctiandree et Glas-
guensis ecclesiarum episcopis, Dauid primogenito nostro de Carrik, Roberto
de Fyff et Meneteth fratre nostro, Archebaldo de Douglas, comitibus, Magistro
Duncano Petyt archidiacomo Glasguensi cancellario nostro, Jacobo de Douglas
de Dalketh, et Thoma de Eriskyne, consanguineis nostris dilectis, militibus :
Apud Perth vltimo die mensis Aprilis anno regni nostri septimo.
1396.] FA MI7, Y OF LOG Y OF LOG! Y. 147*
87*. CERTIFICATION by WILLIAM OF ROTHEEN, Sheriff of Perth, that a mam
had been transferred to the jurisdiction of the Regality Court of Logy,—
3d October 1396.
OMNIBUS has literas visuris vel audituris Willelmus de Rothfem dominus
eiusdem, vicecomes de Perth, salutem : Sciatis quod in curia vicecomitatus de
Perth per me tenta tercio die mensis Octobris anno Domini millesimo ccc""
nonogesimo sexto, quidam homo qui dicebatur Bricius filius Patricii per
Johannem de Mortoum marum occidentalis partis dicti vicecomitatus ares-
tatus causa cuiusdem plegii furti in manibus dicti mari per Gilqhomy dictum
Rede extenti super eundem Bricium coram me erat intratus, quem quidem
Bricium nobilis vir Johannes de Logy dominus eiusdem clamabat esse homi-
nem suum habitantem in terris de Logy predictis, et tunc personaliter mons-
trauit vnam cartam bone memorie quondam domini Dauid regis Scottorum
illustris suo magno sigillo sigillatam et super eandem cartam vnam confir-
macionem recolende memorie quondam domini Roberti Regis Scottorum
illustris sigillo ipsius magno sigillatam, quam quidem cartam et confirmaci-
onem in prefata curia dictus Johannes de Logy perlegi fecit de verbo in verbum
in modo et forma sequentibus : Robertus Dei gracia rex Scottorum omnibus,
etc.—[Ut supra, vide No. 76* et No. 80*.]—Quibus vero in prefata curia vice-
comitatus ad auditum nostri et tocius curie perlectis, dictus Johannes plegium
extendebat, quod virtute dicte carte prefatum hominem suum debuit habere
ad plegium ad curiam suam regalitatis de Logy, quoquidem plegio per me
recepto, et prefato Johanne extra curiam remoto, diligenter consiliatus et
curia auisata plene declarauerunt in nostri presencia, vt predicitur, vt prefatus
Johannes eundem hominem suum extra prefatam curiam vicecomitatus virtute
dicte carte sue ad curiam suam regalitatis de Logy habere debuit, et tunc
eundem hominem ad libertatem regalitatis predicti Johannis instanter feci
148* CHARTERS OF THE [1400.
liberari; et quod hec modo quo predicitur acta et facta fuerant per has literas
meas sigillo meo sigillatas testificor, anno, mense, die et loco Supradictis.
88*. ACKNOWLEDGMENT by WILLIAM OF ROTHFEN, Knight, Sheriff of Perth, of
Receipt of the King's Blench Farms from Logy.—20th August 1400.
TIL al that thir letteris heris or seis, Willyam of Rothfen, knycht, schiref of
Perth, gretyng: Wit ze me till haf ressavit fra Jon of Logy, lorde of that
ilke, in al zeris that I gouernyt the Saide offyse the blanch fermys that the
saide Jon was auand til Oure lorde the Kyng of the landis of Logy; and that
tilal men I mak knawyn be thir present letteris: In witnes of the qhilk to
thir present letteris I haſ set my Seele, at Rothfen, the xx day of the moneth
of August the yher of our Lorde a thousand and four hundir.
S9*. PROCESS OF LEGITIMATION before WILLIAM BISHOP OF DUNBLANE as Judge
Ordinary, with his decision, finding that the deceased JOHN OF LOGY of
that Ilk had been lawfully married per verba de presenti to Jonet
Cardene, and that their son Lionel of Logy was consequently legiti-
mate, and capable of succeeding to all their property.—13th March 1422.
VNIUERSIS sancte matris ecclesie filiis ad quorum noticias presentes litere
peruenerint Willelmus miseracione diuina episcopus Dunblanensis domini
nostri pape Martini quinti referendarius et judex ordinarius ad infrascripta
salutem in Domino Sempiternam : Dudum Coram nobis comparuit nobilis vir
Lionellus de Logy filius quondam Johannis de Logy et nobis tanquam suo
ordinario humiliter supplicauit Sibi iusticiam ministrare, et peticionem Suam
1422.] FAMILY OF LOGY OF LOGY. 1.49%
nobis in scriptis protulit, cuius tenor talis est: Vobis reuerendo in Christo
patri ac domino domino Willelmo Dei gracia episcopo Dunblanensi dicit et
humiliter proponit Lionellus de Logy filius quondam Johannis de Logy domini
eiusdem quod dictus quondam Johannes de Logy pater Suus matrimonium
legitime contraxit cum Joneta de Cardne matre sua per verba de presenti,
et quia ipse Lionellus dubitat questionem de Sua natiuitate seu legiti-
macione in posterum sibi posse moueri sicut de facto sibi mouetur ex parte
nobilis viri Dauid de Ogilby se pretendentis consanguineum dicti quondam
Johannis de Logy, petit dictus Lionellus quatemus probatis in hac parte pro-
bandis, citato ad hoc prius dicto Dauid de Ogilby ac omnibus aliis quorum
interest, matrimonium supradictum fuisse et esse Verum et legitime contractum
per vos et vestram sentenciam diffinitivam pronunciari decerni et declarari,
prolesque susceptas ac procreatas legitimas decermendo, Super his vestrum
benignum officium implorando; post cuius quidem Sedule recepcionem et lec-
turam, nos Willelmus episcopus antedictus in causa et causis huiusmodi rite
procedere volentes, instante et requirente dicto Lionello principali, prefatum
Dauid de Ogilby ex aduerso principalem et in dicta peticione principaliter
nominatum et quoScunque alios sua interesse credentes tam coniunctim quam
diuisim per nostras certi tenoris literas in diuersis locis insignibus nostre
diocesis ut moris est citari mandauimus et fecimus ad certum terminum
congruum peremptorium et competentem, et adueniente huiusmodi citationis
termino comparuit in ecclesia parochiali de Ochterardor nostre diocesis Dun-
blanensis, et in judicio Coram nobis prefatus Lionellus de Logy principalis et
dictas literas citatorias a nobis ut premittitur emanatas et debite executas vna-
cum executione ipsarum literarum facta readportauit et exhibuit, quasquidem
literas citatorias et earum executionem in judicio alta voce fecimus perlegi, post
quarum lecturam comparuit in judicio coram nobis discretus vir Magister
Willelmus Ramsay presbyter bacularius in decretis prefati Dauid de Ogilby
U%
1508 - CHARTERS OF THE [1422.
ex aduerso principalis procurator et procuratorio nomine qui de suo mandato
tunc legitimam fidem fecit ac termino satisfaciens; tunc vero dictus Lionellus
licenciam peciit ut venerabilis vir dominus Nicolaus de Atholia decretorum
doctor facta sua pro ipso in judicio proponeret, quiquidem dictus Nicolaus pro-
posuit nomine et ex parte dicti Lionelli in dicta causa principalis, quodquidem
Johannes de Logy dominus eiusdem pater illius Lionelli ante mortem suam
Jometam de Cardne matrem dicti Lionelli disponsauerat et matrimonium con-
traxerat cum eadem per verba de presenti, vnde peciit dictum matrimonium
legitimum declarari, et alia prout in sua peticione summaria quam nostro
notario dedit in scriptis plenius continetur : Tunc vero dictus Magister Willel-
mus de Ramsay [ex parte] prefati Dauid de Ogilby ex aduerso primcipalis peciit
alium locum tutum sibi et domino suo ipsum constituenti assignari, quia dixit
quod locus ille non erat tutus; nos vero Willelmus episcopus et judex ante-
dictus post multas parcium altercationes et argumenta prefato Magistro Wil-
lelmo de Ramsay et Dauid de Ogilby ipsum constituenti et omnibus aliis
sua interesse credentibus ad dicendum et opponendum verbo vel in scriptis
quicquid vellent seu vellet contra dictam peticionem summariam et in ecclesia
parochiali ville de Perth Sancti Andree diocesis, quia dictus dominus Epi-
scopus Sancti Andree locum nobis concessit, sedere pro tribunali ad iura red-
dendum in dicta causa vbicunque nobis placeret in sua diocesi, prout in suis
literis inde confectis plenius continetur, apud acta ut moris est citauimus ad
certum terminum peremptorium et competentem, ad quem locum et terminum
ambe partes predicte coram nobis litigantes consensierumt, et in huiusmodi ter-
mino et loco videlicet in ecclesia parochiali ville de Perth comparuerunt coram
nobis in judicio dictus Iionellus principalis actor cum suo aduocato antedicto
domino Nicholao de Atholia et prefatus Dauid de Ogilby ex aduerso princi-
palis cum suo aduocato Magistro Willelmo de Ramsay termino satisfacientes :
Tunc prefatus dominus Nicholaus de Atholia procurator et procuratorio
1422.] FA.MIL Y OF LOG Y () Ì7' LOG XT. 151*
momine dicti Lionelli peciit, vt pars sua aduersa peticioni sue summarie in
scriptis ut supradate responderet : Tunc dictus Magister Willelmus de Ram-
say procurator et procuratorio momine quo supra dicti Dauid de Ogilby ex
aduerso principalis, narrata prout in dicta peticione narrantur negauit, quo
facto ad mandatum nostrum ambe partes predicte, videlicet, dictus Lionellus im
propria persona et dictus Magister Willelmus Ramsay procuratorio nomine
quo supra, in manibus nostris tactis sacrosanctis scripturis corporaliter iura-
uerunt de calumpnia vitanda et veritate dicenda tam super peticione prefata
quam in tota causa seu causis cum omnibus et singulis capitulis in et sub
juramento calumpnie contentis : Postmodum autem instante et requirente
dicto domino Nicholao de Atholia ad ponendum et articulandum poni et
articulari videndum in causa seu causis huiusmodi dictum Dauid de Ogilby
ex aduerso principalem ac omnes alios sua interesse credentes ut moris est
citauimus apud acta ad alium certum terminum peremptorium congruum et
competentem, eundemque terminum eidem domino Nicholao procuratorio
nomine antedicto petenti et requirenti ad consimilem actum statuimus simili-
ter et prefiximus, et in huiusmodi termino comparuerunt coram nobis episcopo
et judice antedicto partes predicte ; tunc dominus Nicholaus nomine quo
supra pro parte dicti Lionelli posiciones et articulos in causa, et causis huius-
modi exhibuit, facto et produxit, quorum quidem articulorum tenor talis est :
Quare petit procurator prefati Lionelli per vos reuerendum in Christo patrem
dominum Willelmum Episcopum Dunblanensem judicem suum ordinarium
predictum matrimonium inter dictos quondam Johannem de Logy et Jonetam
de Cardene contractum fuisse et esse verum et legitimum contractum ac per
vestram sentenciam diffinitivam legitimum decerni pronunciari et declarari,
prolesque inter ipsos quondam Johannem et Jonetam susceptas et procreatas
legitimas decernendo ; petit eciam eundem Dauid in expensis in hac causa
legitime factis et faciendis in posterum circa eandem condempnandum fore et
152* CHARTERS OF THE [1422.
condempnari et alias in et super premissis iusticie complementum ministrari,
premissa petens tam coniunctim quam diuisim, modo, via, jure, causa et forma
melioribus quibus potest et debet, jure corrigendi, addendi, minuendi, declarandi
et alias de nouo dandi sibi et parti sue semper saluis : Nos autem episcopus
et iudex prefatus dicto domino Nicholao de Atholia instanti et requirenti ad
dicendum et opponendum quicquid dicere vel opponere vellent, verbo uel in
scriptis contra posiciones et articulos per ipsum dominum Nicholaum procu-
ratorem ut dictum est exhibitos et productos in quantum articuli existunt, et
ad respondendum eisdem singulariter et singulis in quantum posiciones exis-
tant, dictum Dauid de Ogilby vel eius procuratorem omnesque alios et singulos
qui sua putauerint interesse prout moris est apud acta citauimus ad cer-
tum terminum congruum peremptorium et competentem, et in termino
huiusmodi coram nobis in judicio comparuerunt dictus Lionellus cum pre-
fato domino Nicholao suo aduocato, et dictus Magister Willelmus de Ram-
say procurator et procuratorio nomine quo supra termino satisfaciens, nihil-
que nisi generalia verbo contra posiciones et articulos opponens, dicto
domino Nicholao procuratorio nomine quo supra instante et requirente
ad producendum, et per aliam partem produci videndum, omnia et sin-
gula jura, instrumenta, literas, scripturas et munimenta quibus partes
ipse in huiusmodi causa vti vellent et intenderent aut quomodolibet se iu-
uare, dictum Dauid de Ogilby et eius procuratorem ac omnes alios et sin-
gulos sua interesse credentes vt moris est citauimus apud acta ad certum
terminum peremptorium congruum et competentem, ipsumque terminum ad
similem actum dicto domino Nicholao procuratori prefato statuimus et pre-
fiximus, et in ipso termino comparuit in judicio coram nobis prefatus Magis-
ter Willelmus de Ramsay procurator et procuratorio nomine dicti Dauid de
Ogilby termino satisfaciens, sed nec aliqua iura vel munimenta producens,
tunc vero dictus dominus Nicholaus procurator et procuratorio nomine dicti
1422.] FAMILY OF LOG Y OF LOG! Y. 153*
Lionelli actoris ipsi termino pro parte sua satisfaciendo vt dixit, jura, instru-
menta, literas, scripturas et munimenta ac quecunque alia quibus in causa et
causis huiusmodi vti et pro sua parte se juuare uult et intendit verbo et in
scriptis exhibuit et produxit, dictum Dauid de Ogilby vel procuratorem suum
et omnes alios et singulos sua interesse credentes, instante dicto domino
Nicholao procuratore antedicto ad dicendum et opponendum quicquid dicere
et opponere vellent verbo vel in scriptis contra dicta jura et munimenta pro-
ducta ad vnum certum terminum congruum peremptorium et competentem,
vt moris est, citauimus apud acta : Et in huiusmodi termino comparuit in
iudicio coram nobis prefatus Magister Willelmus de Ramsay procuratorio
nomine dicti Dauid de Ogilby ex aduerso principalis et termino satisfaciens,
nec tamen aliquid verbo vel in scriptis contra iura et munimenta per ipsum
dominum Nicholaum procuratorem dicti Lionelli, vt dictum est, exhibita et
producta dicens nec opponens: Nos autem episcopus et judex prefatus dictum
Dauid de Ogilby et eius procuratorem presentes et omnes alios sua interesse
credentes ad declarandum et declarari videndum per aliam partem quicquid
in huiusmodi causa et causis vellent, instante et requirente prefato domino
Nicholao procuratore nomine quo supra, vt moris est, apud acta citauimus
eundemque terminum et ad similem actum dicto Magistro Willelmo de Ramsay
- presenti et petenti statuimus et eciam assignauimus : Et in huiusmodi termino
comparuit [coram] nobis dictus Magister Willelmus de Ramsay procurator
procuratorio nomine quo supra nichil tamen declarans sed termimo satisfaciens,
dictus dominus Nicholaus termino ut dixit satisfaciendo pro parte sua posi-
ciones et articulos partis sue in scriptis ac eciam uerbo generaliter quoad
nomina et cognomina, loca, tempora, res, personas et alias circumstancias
declarauit: Nos vero episcopus iudex prefatus dictum Dauid de Ogilby et
omnes alios et singulos sua interesse credentes ad dicendum et opponendum
quicquid dicere et opponere vellent uerbo uel in scriptis contra dictas de-
] 54* CHA RTERS OF THE [1422.
a
clarationes et iura instrumenta ac munimenta partis sue prenominate superius
per dictum dominum Nicholaum procuratorem producta ad vnum certum ter-
minum, vt est moris, citauimus apud acta : Et in huiusmodi termino comparuit
in judicio coram nobis dictus Magister Willelmus de Ramsay procurator dieti
I)auid de Ogilby termino satisfaciens, sed nichil dicens uerbo uel in scriptis
contra dictas declarationes iura ac munimenta : Deinde vero nonnullis articulis
pro parte dicti domini Nicholai procuratoris dicti Lionelli principalis in presenti
causa datis et productis, ut premittitur, et dictum dominum Nicholaum ac
partem suam ad probandum eos per nos admissos, et aliquibus testibus ad pro-
bandum ipsos articulos pro parte dicti domini Nicholai procuratoris prefati
Lionelli nominatis, citatis, productis et per nos receptis ac iuratis examinatisque
et diligenter interrogatis, ac eorum dictis et deposicionibus in scriptis diligenter
et fideliter redactis, instante et requirente dicto domino Nicholao procuratore
predicto ad concludendum et concludi videndum, et ad audiendum vel dicen-
dum, opponendum et allegandum causam iustam et racionabilem si quam
habet quare in causa ipsa concludi non deberet, prefatum Dauid de Ogilby
et eius procuratorem presentem et omnes alios et singulos sua interesse cre-
dentes ad vnum certum terminum congruum peremptorium competentem, ut
moris est, citauimus apud acta, eundemque terminum et ad eundem actum
dicto domino Nicholao procuratori petenti et intelligenti statuimus et pre-
fiximus videlicet ad comparendum coram nobis in ecclesia nostra cathedrali
Dumblanensi ex certis causis ad hoc animum nostrum mouentibus; et in
huiusmodi termino comparuerunt coram nobis in iudicio in ecclesia nostra
I)unblanensi dicti dominus Nicholaus et Magister Willelmus procuratores
nominibus quo supra ambarum parcium termino satisfacientes, et in
huiusmodi causa concludi petentes ac pro partibus suis in causa huiusmodi
hinc inde renunciauerunt et concluserunt; Et tunc nos vnacum ipsis in causa
presenti conclusimus et habuimus pro concluso : Postmodum autem instante
1422.] FAJMILY OF L()(; Y OF LOG Y. ] 55*
et requirente dicto domino Nicholao procuratore dicti Lionelli principalis ad
audiendum et videndum per nos ferri et promulgari diffinitiuam sententiam
in causa presenti, dictum Dauid de Ogilby et eius procuratorem ipsius nomine
presentem ac omnes alios et singulos sua interesse credentes citauimus, ut
moris est, apud acta ad certum terminum congruum peremptorium et com-
petentem, ipsumque terminum ad consimilem actum eidem domino Nicholao
procuratori dicti Lionelli de Logy petenti nomine quo supra et intelligenti
assignauimus et prefiximus, aduenienteque huiusmodi termino prefatus Lion-
ellus cum suo prelocutore dicto domino Nicholao et prefatus Magister Willel-
mus de Ramsay procurator nomine dicti Dauid de Ogilby ex aduerso princi-
palis comparuerunt coram nobis in iudicio, dictusque dominus Nicholaus
pro se et parte sua et contra partem sibi aduersam sententiam diffinitiuam
superinde per nos ferri [et] promulgari, et petens et requirens, dictoque
Magistro Willelmo de Ramsay, etc., procuratorio nomine quo supra in presenti
causa pro se et contra partem aduersam per nos ferri et promulgari petente et
requirente : Et nos episcopus et iudex antedictus ad nostram sententiam
diffinitiuam in causa huiusmodi ferendam et promulgandam, in hunc modum
[processimus :] Cristi nomine inuocato, solum Deum pre oculis habentes de
iuris peritoruim concilio et assensu per hanc nostram sententiam diffinitiuam
quam sedentes pro tribunali ferimus in hiis scriptis promunciamus, decernimus
et declaramus matrimonium contractum inter dictos Johannem de Logy et
Jonetam de Cardne fuisse et esse legitimum, firmum et gratum, et dictum
Lionellum de Logy filium naturalem dictorum quondam Johannis et Jonete
fuisse et esse per dictum matrimonium filium legitimum et habilem ad
omnem hereditatem dictorum quondam Johannis et Jonete terrarum et
bonorum quorumcunque siue possessionum tam mobilium quam immobilium,
et ad omnia predicta, succedendum legitime et canonice, prout filius sub vero
matrimonio genitus succedere posset quoquomodo, et dictum matrimonium
156* CHARTERS OF THE [1422.
inter dictos quondam Johannem de Logy et Jonetam de Cardne canonicum
fuisse et esse suumque debere et debuisse Sortiri effectum, ac omnes alias [proles]
inter dictos quondam Johannem et Jonetam procreatas legitimas decernendo
puras,eidemquel)auid de Ogilby contra dictum matrimonium et legittimacionem
dicti Lionelli se opponenti super dictis opposicionibus, impedimentis et moles-
tacionibus perpetuum silencium imponendum fore et imponimus; ac eundem
Dauid de Ogilby ex aduerso principalem in expensis dicte cause coram nobis
legitime factis condempmandum fore et condampnamus, ipsarum expensarum
taxacionem nobis imposterum reseruando : lecta, lata et in scriptis promul—
gata fuit hec nostra diffinitiua sententia per nos Willelmum episcopum
Dunblanensem referendarium antedictum in Ecclesia nostra Cathedrali Dun–
blanensi nobis inibi, hora causarum siue terciarum consueta, in loco nostro
solito adjura reddenda pro tribunali Sedentibus: Sub anno a natiuitate Domini
millesimo quadringentesimo XXijº, indiccione prima, et die Sabati decimatercia
die mensis Martij, pontificatus Sanctissimi in Christo patris et domini nostri
domini Martini diuina prouidentia pape quinti et moderni anno sexto; pre-
sentibus ibidem venerabilibus et discretis viris Magistris Donaldo Macnachtan
decano ecclesie Dunkeldensis, Michaele de Ouchtre decano ecclesie Dunblanen-
sis, dominis Willelmo de Athray thesaurario, Willelmo de Cadyow canonico
ecclesie Dunblanensis, Willelmo de Fowlis, Johanne Mackison, Willelmo
Burges presbyteris, Andrea de Drummonde et Patricio de Ogill, scutiferis,
cum multis aliis testibus ad premissa vocatis specialiter et rogatis: In
quorum omnium et singulorum premissorum fidem et testimonium presentes
iteras seu publicum instrumentum dictam nostram diffinitiuam sententiam
in se continentes seu continens exinde fieri et per notarium infrascriptum
nostrum et huiusmodi cause coram nobis scribam publicari, signo suo signari
mandauimus, nostrique sigilli munimine fecimus roborari, sub anno, indiccione,
die, mense et pontificatu quibus supra:
1430.] JFAMILY OF LOGIY OF LOG Y. 157 *
Et ego Walterus Awenere clericus Dumblanensis diocesis publicus auctori-
tate imperiali notarius, reverendique patris ac domini mei domini
Willelmi episcopi ac iudicis prefati et huiusmodi cause coram eo
scriba, predicte sententie prolacioni, ac omnibus aliis et singulis pre-
missis dum sic, ut premittitur, per dictum dominum meum episcopum
et iudicem agerentur et fierent, vnacum prenominatis testibus presens
fui, eaque omnia et singula premissa vidi et audiui et de mandato
ipsius domini mei episcopi et iudicis publicaui, per alium occupatus
aliis megociis grossari et redigi feci, hicque manu propria facta colla-
cione me subscripsi, et signum meum solitum et consuetum vna cum
appensi9ne sigilli dicti domini episcopi et judicis apposui in testi-
monium omnium et singulorum premissorum rogatus et requisitus.
VALTERUs AWENER.
90*. NOTARIAL TRANSUMPT made by authority of MICHAEL, Bishop-elect of
Dunblame, of the preceding Process of Legitimation im favour of Lionel
of Logy.—10th May 1430.
MICHAEL miseracione diuina electus et confirmatus Dunblanensis vniuersis
sancte matris ecclesie filiis notum facimus per presentes, quod coram nobis
pro tribunali sedentibus in ecclesia parochiali de Muthil nostre diocesis die
Mercurii, decima die mensis Maii, anno Domini millesimo quadringentesimo
tricesimo, comparuit nobilis vir Lyonellus `de Logy noster diocesanus coram
nobis exhibens et ostendens quemdam processum et execuciones nonnullas
inde secutas super ipsius legitimacione alias factas et deductas per reueren-
dum in Christo patrem ac dominum dominum Willelmum eadem miseracione
nostrum immediate predecessorem, quorum quidem processus et execucionum
x*
158* CHARTERS OF THE [1430.
ipsius tenores inferius describuntur, sanas et integras ac omni vicio et suspi-
cione, vt prima facie apparebat, carentes ; copia vero dicti processus et execu-
cionum ipsius sequitur in hunc modum : Vniuersis sancte matris ecclesie
filiis ad quorum noticias presentes litere peruenerint Willelmus miseracione
diuina episcopus Dumblanensis [etc., ut supra, No. 89*.]—Quibus quidem
processu et executionibus inde factis de uerbo in uerbum coram nobis per-
lectis peciit idem Lyonellus dictum processum cum eius execucionibus
transcribi et in formam publicam redigi, nostris autoritate ordinaria et inter-
posicione decretiinteruenientibus ; et ut huiusmodi transcripto fides in iudicio
in Romana curia et extra in omnibus exhibeatur sicuti et originali processui
ac execucionibus principalibus inde secutis, ne ipse Originalis processus et
execuciones inde secute seu eorum memorie ac legittima testimonia depereant
vel casibus fortuitis amittantur, nos vero Michael electus et confirmatus
antedictus, visis inspectis et diligenter examinatis dicto processu ac ipsius
execucionibus, eisque veris et absque vlla suspicione reputatis, peticionem
dicti Lyonelli tanquam iustam et racioni consonam reputantes, ipsam duximus
admittendam et admisimus per presentes, mandantes per literas nostras
patentes ac notarios infrascriptos nostros scribas in hac parte dictOS processus
et execuciones ipsius copiari, transcribi et in formam publicam redigi de-
cernentes auctoritate nostra Ordinaria, ut huiusmodi transumpto fides ad-
hibeatur in Romana curia et extra sicut originali processui et execucionibus
inde secutis, quibus omnibus et singulis nostram auctoritatem interponimus
et decretum : In cuius rei testimonium presens transcriptum per notarios
seu notarium infrascriptos seu infrascriptum curie nostre in hac parte scribas
seu scribam sibi subscribi ac publicari mandauimus necnon et sigilli nostri
appensione muniri: Super quibus omnibus et singulis peciit dictus Lyonellus
a nobis notariis publicis subscriptis publicum sibi fieri instrumentum : Acta
fuerunt hec in ecclesia parrochiali de Muthill hora quasi decima ante
FAMILY OF LOGY OF LOGY. 1.59%
meridiem Sub anno, mense, die, indiccione et pontificatu superius annotatis:
Presentibus ibidem nobilibus et discretis viris, videlicet Dauid de Morauia
domino de Tuluchbardy, Magistro Malcolmo rectore de Kyppan ac officiali
curie Dunblanensis, domino Henrico rectore de Glendowan, domino Waltero
Broune rectore de Duplyn, et domino Arnulfo vicario de Strogeth, cum multis
aliis testibus ad premissa vocatis specialiter et rogatis.
Et ego Valterus Awener clericus Dunblanensis diocesis, publicus auctori-
tate imperiali notarius, quia dicti processus presentacioni et lecture
eiusdem ac omnibus aliis in eodem contentis dum sic, ut premittitur,
agerentur et fierent vna cum subscriptis notariis presens interfui,
eague sic vidi Sciui et audiui et ad instantiam dicti Lionelli in hanc
publicam formam redigi, presenSque transumptum et processum
Suprascriptum per alium Occupatus negociis grossari feci, hicque
manu propria facta collacione me subscripsi et signum meum solitum
et consuetum vnacum appensione sigilli reuerendi domini mei
Michaelis electi confirmati, ac episcopi Dunblanensis pronunciati
apposui in testimonium omnium et singulorum premissorum rogatus
et requisitus. WALTERUS AWENER.
Et ego Robertus de Maxton clericus Sancti Andree diocesis, publicus
auctoritate imperiali notarius, quia dicti processus presentacioni et
lecture, etc., ut supra. T. DE MAXTON.
Et ego Alexander Biset clericus Sancti Andree dyocesis publicus auctori-
tate imperiali notarius, dicti processus Ostencioni, ipsius lecture, etc.
A. BYSATT.
] 60* CHA RTERS OF THE [1478.
91*. PROTEST by LYON OF LOGY that the Procuratory for resigning the lands
of Logy in favour of his son John had been extorted from him through
force and terror ; and his revocation of the same.—13th August 1478.
IN Dei nomine amen : Per hoc presens publicum instrumentum cunctis pateat
euidenter quod anno incarnacionis Dominice millesimo quadringentesimo sep-
tuagesimo octauo, mensis vero Augusti die decimo tercio, indictione vndecima,
pontificatus sanctissimi in Christo patris et domini nostri domini Sixti diuina
prouidencia Pape quarti anno Octauo, in mei notarij publicj et testium sub-
scriptorum presencia personaliter constitutus honorabilis vir Leo de Logy de
eodem, non vi aut metu ductus, circumuentus aut errore lapsus, ut apparuit,
sed sua mera et spontanea voluntate nobiles et honorabiles viros Laurencium
dominum le Olyphant, Henricum Wardlaw de Torry, Jacobum Hering filium
et apparentem heredem Dauid Herimg de Lethdy, Jacobum Oliphant, magis-
trum Johannem Oliphant, et Georgium de Muncreff, procuratores per ipsum
vi et metu ut asseruit constitutos ad resignandum terras suas de Logy cum
pertinenciis in mamibus supremi domini nostri regis, et ad tradendum statum
saisinam et possessionem hereditariam dictarum terrarum de Logy cum per-
tinenciis filio suo et apparenti heredi Johanni Logy, aut quoscunque alios
procuratores per ipsum in eadem materia constitutos, ut supra reuocauit, cas-
sauit et adnullauit, et pro cassatis, adnullatis et reuocatis eosdem habere
decreuit, solemniter protestando quod quicquid predicti procuratores in
eadem causa resignacionis dictarum terrarum suarum cum pertimenciis aut
quicunque alii ab eis substituti post predictam reuocacionem attemptare pre-
sumpserint nullatenus sibi cederit in preiudicium aut heredibus suis quibus-
cumque temporibus profuturis ; de et super omnibus et singulis predictis pre-
dictus Leo de Logy a me notario publico subscripto sibi fieri peciit hoc
1478.] FAMILY OF LOG Y OF LOG Y. 16 1*
presens publicum instrumentum seu publica instrumenta vnum uel plura:
Acta erant hec apud Willam de Perth in hospicio collegii eiusdem, hora
quasi quinta post meridiem sub anno, mense, die, indictione et pontificatu
quibus supra : presentibus ibidem prouidis et discretis viris domino Patricio
Zoung capellano, Alexandro Strippis, Jacobo Nicholson et Thoma Fel, cum
multis aliis testibus ad premissa vocatis specialiter et rogatis.
Et ego Patricius Scott clericus Sancti Andree diocesis publicus autorita-
tibus imperiali et regali notarius, quia dicte reuocationi ceterisque
omnibus [etc., ίη forma communi.]
92*. CHARTER by KING JAMES III. tO JOHN LOGY, son of Lyon Logy of Logy-
almonde, of the barony of Logyalmonde.—13th August 1478.
JACOBUs Dei gracia Rex Scotorum omnibus probis hominibus tocius terre sue
clericis et laicis salutem : Sciatis nos dedisse, concessisse et hac presenti carta
nostra confirmasse dilecto mostro Johanni Logy filio et heredi apparenti Leonis
Logy de Logyalmonde totas et integras terras baronie de Logyalmonde cum
pertinenciis, jacentes infra vicecomitatum nostrum de Perth : Quequidem
terre cum pertinenciis fuerunt dicti Leonis hereditarie, et quas idem Leo non
vi aut metu ductus nec errore lapsus sed sua mera et spontanea voluntate in
manus nostras apud Edinburgh per fustem et baculum ac suum procuratorem
ad hoc legittime constitutum coram subscriptis testibus sursum reddidit pure-
que simpliciter resignauit, ac totum jus et clameum que in dictis terris cum
pertinenciis habuit seu habere potuit pro se et heredibus suis omnino quittum-
clamauit imperpetuum : Temendas et habendas totas et integras predictas terras
baronie de Logyalmonde cum pertinenciis dicto Johanni Logy et heredibus
suis de nobis et successoribus nostris in feodo et hereditate imperpetuum, per
omnes rectas metas suas antiquas et diuisas prout jacent in longitudine et
| 62% CHARTERS OF THE [1478.
latitudine, in boscis, planis, moris, marresiis, viis, semitis, aquis, stagnis,
riuolis, pratis, pascuis et pasturis, molendinis multuris et eorum sequelis,
aucupacionibus, venacionibus, piscacionibus, petariis, turbariis, carbonariis,
lapicidiis, lapide et calce, fabrilibus, brasinis, brueriis et genestis, cum curiis
et earum exitibus, herizeldis, bludewitis et marchetis mulierum, ac cum Omni-
bus aliis et singulis libertatibus, commoditatibus et asiamentis ac justis per-
tinenciis suis quibuscumque tam non nominatis quam nominatis ad dictas
terras cum pertinenciis spectantibus seu quouismodo iuste spectare valentibus
in futurum ; et adeo libere, quiete, plenarie, integre, honorifice, bene et in pace,
in omnibus et per omnia, sicut dictus Leo aut predecessores Sui predictas
terras baronie de Logyalmonde cum pertinenciis de nobis aut predecessoribus
nostris ante dictam resignacionem nobis inde factam liberius tenuit seu pos-
sedit, tenuerunt seu possederunt, faciendo inde annuatim dictus Johannes et
heredes sui nobis et successoribus nostris jura et Seruicia de dictis terris cum
pertinenciis debita et consueta, reseruato tamen libero tenemento omnium
dictarum terrarum cum pertinenciis prefato Leoni pro toto tempore vite sue;
et reseruata racionabili tercia parte earundem Mergarete sponse dicti Leonis
pro toto tempore vite Sue cum contigerit : In cuius rei testimonium presenti
carte nostre magnum sigillum nostrum apponi precepimus: Testibus reuer-
endis in Cristo patribus Johanne episcopo Glasguensi, Willelmo episcopo
Morauiensi nostri Secreti sigilli custode, Thoma episcopo Aberdonensi, dilectis
consanguineis mostris Andrea domino Avandale cancellario nostro, Colino
comite de Ergile domino Campbell et Lorne magistro hospicij nostri, Dauid
comite de Craufurde domino Lindesay, Jacobo domino Hammyltoun, Johanne
domino Carlile, Johanne Culquhone de eodem milite, et magistro Archibaldo
Quhitlaw archidiacomo Laudonie Secretario nostro, apud Edinburgh decimo
tercio die mensis Augusti anno Domini millesimo quadringentesimo septua-
gesimo Octauo, et regni nostri decimonono.
1478.]
FAMILY OF LOG Y OF LOG Y. 163*
93*. PRECEPT BY KING JAMES III. for infefting JOHN LOGY, son of Lyon Logy,
in the barony of Logyalmonde.—17th October [1478].
JACOBUS Dei gracia Rex Scotorum dilectis, consanguineo nostro Laurencio
domino Oliphant, Jacobo Hering, Jacobo Oliphant, Magistro Johanni
Oliphant et Alexandro Wardlaw, ac eorum cuilibet coniunctim et diuisim,
vicecomitibus nostris de Perth in hac parte specialiter constitutis, salu-
tem : Quia dedimus et concessimus hereditarie dilecto nostro Johanni
Logy filio et heredi apparenti Leonis Logy de Logyalmonde totas et in-
tegras terras baronie de Logyalmonde cum pertinenciis jacentes infra vice-
comitatum mostrum de Perth : Quequidem terre cum pertinenciis fuerunt
dicti Leonis hereditarie, et quas idem Leo non vi aut metu ductus,
nec errore lapsus, sed sua mera et spontanea voluntate in manus nostTas
apud Edinburgh per fustem et baculum et suos procuratores sursum
reddidit, pureque simpliciter resignauit, prout in carta nostra dicto Johanni
inde confecta plenius continetur ; vobis precipimus et mandamus quatenus
dicto Johanni vel suo certo actOrmato latori presencium sasinam dictarum
terrarum baronie de Logyalmonde cum pertinenciis secundum tenorem dicte
carte nostre quam inde de nobis habet iuste habere faciatis et sine dilatione ;
et hoc nullo modo omittatis, ad quod faciendum vobis et 'vestrum cuilibet
coniunctim et diuisim in hac parte nostram plenariam committimus potes-
tatem : Datum sub testimonio magni sigilli nostri apud Edinburgh decimo-
septimo die mensis Octobris anno regni nostri decimonono.
94*. SASINE of JOHN LOGY, son of Lyon Logy, in the lands of Logy.
—23d October 1478.
IN Dei nomine amen : per hoc presens publicum instrumentum cunctis pateat
euidenter quod ab anno incarnacionis Dominice millesimo quadringentesimo
164* CHARTERS OF THE [1478.
septuagentesimo octauo, mensis uero Octobris die vicesimo tercio, indictione
decimaquarta, pontificatus sanctissimi in Christo patris et domini nostri
domini Sixti diuina prouidencia Pape quarti anno nono, in mei notarii publici
et testium subscriptorum presencia personaliter constitutus nobilis et potens
dominus Laurencius dominus le Oliphant vicecomes in hac parte domini
mostri regis specialiter constitutus, prout in litteris regiis suo sigillo sigillatis
mihi notario subscripto euidenter constabat, documento, ad tradendum statum
saisinam et possessionem hereditariam de feodo terrarum de Logi cum per-
tinenciis jacentibus infra vicecomitatum de Pertht Johanni Logy filio et
apparenti heredi Leonis Logy domini ejusdem, vel suo certo attornato, qui
uero vicecomes accessit ad dictas terras de Logi, et statum, saisinam et pos-
sessionem hereditariam Alexandro Wardlaw attornato dicti Johannis Logy de
feodo dictarum terrarum cum pertinenciis tradidit et deliberauit, hac eundem
Alexandrum nomine attornatorio predicti Johannis in feodo dictarum ter-
rarum cum pertinenciis per tradicionem terre et lapidis super fundo dictarum
terrarum ut moris est induxit, juris solempnitate in eisdem fieri consueta
mediante, nullo clamante aut contradicente: De et super quibus omnibus et
singulis prefatus Alexander Vardlaw a me notario publico sibi fieri peciit
instrumentum vel instrumenta publicum vel publica. Acta erant hec apud
principale mansuagium de Logy sub anno, die, mense, indictione et pontificatu
quibus supra, presentibus ibidem honorabilibus et prouidis viris Jacobo
Oliphant de Arquhale, magistro Johanne Oliphant, Thoma Spens et Allano
Vatson, cum diuersis aliis testibus ad premissa vocatis specialiter et rogatis.
Et ego Andreas Ramaldsone presbyter Sancti Andree diocesis, publicus
auctoritatibus imperiali ac regali notarius, quia omnibus [etc., in
forma communi.]

1483.] FAMILY OF LOGY OF LOGY. 16.5%
95*. REFUSAL of MARGARET OLIPHANT, Lady of Torry, to resign certain leases
in favour of Lyon of Logy of Logiealmond.—16th November 1483.
IN Dei nomine amen: Per hoc presens publicum instrumentum Cunctis pateat
euidenter quod anno incarnacionis Dominice millesimo quadringentesimo
octuagesimo tercio, indiccione secunda, mensis vero Nouembris die decimo
sexto, ac pontificatus sanctissimi in Christo patris et domini nostri domini
Sixti diuina prouidencia pape quarti anno decimotercio, ac regni Seremissimi
principis et supremi domini nostri domini Jacobi tercii Scotorum regis
illustrissimi anno vicesimo quarto, in mei notarii publici et testium infra-
scriptorum presencia personaliter constitutus prouidus vir Leo de Logy de
Logyalmond quamdam obligationem in papiro Scriptam sigillo prouidi viri
Jacobi Heryng de Tulyboill vi apparuit procurato per prouidam mulierem
Margaretam Oliphant dominam de Torry sigillatam michi notario subscripto
tradidit perlegendam : Qua obligacione perlecta in presencia dicte Margarete
Oliphant prefatus Leo de Logy peciit a dicta Margareta presenti et audienti
quatenus sibi Leoni ipsa Margareta resignaret assedationes terrarum et
omnes alios contractus inter ipsos initos et factos, prout in dicta obligacione
ad longum et expresse continebatur, et tunc dicta Margareta Oliphant respon-
dens dixit quod moluit suas assedaciones resignare: Super quibus omnibus et
singulis prefatus Leo de Logy a me notario publico subscripto Sibi fieri peciit
hoc presens publicum instrumentum : Acta erant hec in gradu hospicii
Laurencii Domini Oliphant infra burgum de Pertht hora tercia post meridiem
veleocirca, sub anno, indiccione, die, mense et pontificatu quibus supra, pre-
sentibus protune ibidem honorabilibus et prouidis viris, videlicet, prefato
Laurencio Domino Oliphant, Alexandro Blayr de Balthiok, Roberto Ross de
Cragy, Jacobo Oliphant de Arquhelze, Jacobo Heryng de Tulyboill predicto,
yº
1.66% CHARTERS OF THE [1486.
Dauid de Camera de Strathy, Waltero Ross, Willelmo de Camera, Magistro
Roberto de Camera et Domino Johanne Barbour capellano, cum diuersis aliis
testibus ad premissa vocatis specialiter et rogatis.
Et ego Johannes de Kynmontht presbyter Dunkeldensis diocesis, publicus
autoritatibus imperiali et regali notarius prenominate obligacionis
presentacioni et lecture ac dicti Leonis peticioni, et dicte Margarete
responsioni ceterisque Omnibus aliis et singulis premissis [etc., in
forma communi.]
96%. SASINE of MARGARET LOGY of that ilk, as heir of her brother, John
Logy, in the barony of Logyalmonde.—10th November 1486.
IN Dei nomine amen : Per hoc presens publicum instrumentum cunctis pateat
euidenter quod anno incarnacionis Dominice millesimo quadringentesimo
octogesimo sexto, mensis vero Nouembris die decimo, indiccione quinta, ponti-
ficatus sanctissimi in Christo patris et domini nostri domini Innocentij
diuina prouidencia Pape octaui anno tercio, in mei notarij publici et testium
subscriptorum presencia personaliter constitutus prouidus vir Matheus Graym
de Garvok, attornatus honorabilis domine Margarete Logy de eodem, accessit
ad manerium de Logy, et ibidem exhibuit, ostendit et presentauit quoddam
preceptum Sasine de Capella regis clausum in alba cera et literam attornatam
sigillo albe cere sigillatam, vt moris est, prouido viro Alexandro de Abyrcromy
de eodem vicecomiti de Perth deputato honorabilis viri domini Villelmi
Rothan de eodem militis, quodguidem preceptum sasine vnacum litera attor-
nata mihi notario publico subscripto tradidit perlegendum quarum quidem
literarum tenor sequitur et est talis: Preceptum —Jacobus Dei gracia rex
Scotorum vicecomiti et balliuis suis de Perth salutem : Quia per inquisicionem
1486.] FAMILY OF LOGY OF LOGY. | 67*
de mandato nostro per vos factam, et ad capellam nostram retornatam com-
pertum est, quod quondam Johannes Logy frater Margarete Logy latricis pre-
sencium obiit vltimo vestitus et sasitusvt de feodo ad pacem et fidem nostram
de tota et integra baronia de Logyalmonde cum pertinenciis, jacente infra
balliam vestram, et quod dicta Margareta est legitima et propinquior heres
eiusdem quondam Johannis fratris Sui de dicta baronia cum pertinenciis, et
quod est legitime etatis, et quod de nobis tenetur in capite, vobis precipimus
et mandamus quatenus dicte Margarete vel Suo certo actornato latori presen-
cium Sasinam dicte baronie cum pertinenciis iuste habere faciatis et sine
dilacione, saluo jure cuiuslibet, capiendo Securitatem de duobus denariis
argenti per duplicationem albe firme dicte baronie nobis debitis; et hoc nullo
modo omittatis: teste meipso, apud Edinburgh quarto die mensis Nouembris,
anno regni nostri vicesimo Septimo. Attornatus —Jacobus Dei gracia Rex
Scotorum omnibus probis hominibus suis ad quos presentes litere peruenerint
salutem : sciatis quod suscepimus Laurencium dominum Oliphant, Johannem
Oliphant, Jacobum Oliphant, Andream Charterys et Matheum Graym, vel
eorum aliquos vel aliquem attornatos vel attornatum Margarete Logy in
omnibus negociis et loquelis, placitis et querelis, motis seu mouendis, ipsam
Margaretam tangentibus seu tangere valentibus quibuscunque diebus et locis,
contra quoScunque et Coram quibuscunque : Quare vobis precipimus et man-
damus quatenus dictOS Laurencium, Johannem, Jacobum, Andream et
Matheum, vel eorum aliquos vel aliquem, quos vel quem presentesvel presen-
tem esse contigerit, tanquam attornatos vel attornatum predicte Margarete
in premissis recipiatis; presentibus post annum minime valituris: In cuius rei
testimonium has literas nostras Sibi fieri fecimus patentes apud Edynbrugh
quarto die mensis Nouembris anno regni nostri vicesimo septimo : Quibus
quidem literis perlectis prefatus quidem Alexander vicecomes deputatus inhabi-
tantibus domum principalem dicti manerii omnino remotis, igneque eiusdem
168* CHARTERS OF THÈ [1486.
penitus extincto, sasinam statum et possessionem hereditariam terrarum tocius
baronie de Logy cum pertinenciis prefato Matheo Graym attornato dicte
Margarete domine de Logy secundum tenorem et formam dicti precepti sasine
sibi desuper confecte nullo reclamante, per tradicionem terre et lapidis dedit
transtulit et vtique deliberauit, eumdem Matheum attornatum nomine quo
supra corporalem et realem possessionem dictarum terrarum de Logyalmonde
cum pertinenciis inducendum et investiendum ; saluo jure cuiuslibet : De et
super omnibus et singulis premissis prefatus Matheus Graym actornatus, vt
prefertur, a me notario publico infrascripto sibi fieri peciit vnum vel plura
publicum seu publica instrumentum seu instrumenta : Acta erant hec apud
dictum manerium de Logy infra aulam eiusdem, vndecima hora ante
meridiem vel eo circa, sub anno, mense, die, indictione et pontificatu quibus
supra, presentibus ibidem discretis dominis Donaldo Clark, Roberto Ryche,
capellanis, Roberto Archer, Villelmo Ray et Malizeo Goivyll, laycis, cum
diuersis aliis testibus ad premissa vocatis specialiter et rogatis.
Et ego Stephanus Zoung presbyter Dunkeldensis diocesis, publicus auc-
toritate imperiali notarius quia premissis omnibus [etc., in forma
commwni.]
97*. CONFIRMATION by KING JAMES III. of a judgment by the Lords of
Council, sustaining a resignation by Lyon of Logy of the lands of
Logyalmond, and grant following thereon.— 16th March 1486.
JACOBUs Dei gracia Rex Scotorum omnibus probis hominibus suis ad quos
presentes litere peruenerint salutem : Sciatis nos quoddam actum siue de-
cretum per consules nostros inferius descriptos datum et promulgatum
vtique intellexisse sub hac forma : At Edinburg the thrid day of Februare
1486.] F.[J///, Y OF LOGY OF LOG' Y. I 69*
the zere of God j'" iiijº foure skore foure zeris, the Lordis of Counsale vndir–
writtin, that is to say, a maist reuerend and reuerend faderis in God, Williame
archbischop of Sanctandris, Robert bishop of Glasgw, Williame bischop of
Abirdene, Alexander elect of Dunkeldin, noble and michti lordis Coline
[Erle] of Ergile, etc., chancellar of Scotland, Andro Lord Avandale, Schir
James Allirdes provost of Sanctandris, Maister Archibald Quhitlaw secre-
tare, and John the Ross of Montgrenane, in the actioun and caus persewit
be Lyoun of Logy of that ilk aganis Margret Wardlaw Lady of Torry,
Henry Wardlaw of Torre, and Alexander Wardlaw his brothir, for the
wranguis halding of the said Lyoun Vnder Subiectioun, and compellyn of
him to resigne in Oure Souerane Lordis handis the landis of Logyalmond
be a procuratour vndir the sele of Maister Gilbert Hay as was allegiit :
Baith the said partiis beand present be thameselff and thar procuratouris, and
thare euidentis, ressounis and allegaciounis herd and Vndirstand, the Lordis
of Consale decretis and deliueris that, becaus thar is schewin a procuratour
vndir the propir sele of the said Lyoun to resigne the said landis, the quhilk
resignatioun is maid in our Souerane Lordis handis, and his chartir and in-
feſtment gevin therapoun be the space of Sevin Zeris bipast, and tharfor the
Lordis findis the said infeftment of avale in all pointis eftir the tenour of the
samyn as is contenit in the said chartir maid tharapoun: Datum et extractum
de libro actorum per me Alexandrum Scot rectorem de Wigtoun clericum
rotulorum et registri ac consilii Supremi domini nostri regis sub meis signo et
subscriptione manualibus: Quodguidem actum siue decretum ac omnia et
singula in eodem contenta, in omnibus suis punctis et articulis, approbamus,
ratificamus et pro perpetuo per presentes confirmamus : Datum sub testi-
monio magni sigilli nostri apud Edinburgh decimosexto die mensis Marcij
anno Domini millesimo quadringentesimo Octuagesimo Sexto, et regni nostri
vicesimo Septimo.
1.70% - CHARTERS OF THE [1488.
98%. DECREET-ARBITRAL by LAURENCE LORD OLIPHANT and others in the dis-
pute between LYON OF LOGY of Logiealmond and ANDREW CARDENY
of Foss as to the Mill of Cardeny.—2d November 1488.
AT Perth, the secund dai of the monetht of Nouember, the zer of God a thou-
sand four hundretht fourescoir and aucht zeris, We, Laurens Lord Oliphant,
Allexander Blare of Balthiok, John of Muncreff of that ilk, James Oliphant
of Arquhailzie, and Andro Chartris of Cuthilgourdy, juge arbitratouris and
amicabil compossitouris commonly chossne and suorne betuex Lyone of Logy
of Logyalmond on the ta part, and Androue Cardeny of Foss on the tother
part, tuetching the distroying and doune casting of the said Androuis myln
of Cardeny, and having and withhalding of the tymmer of the Samyn, and of
the vaydrawin and stopping of the watter tharfra, and the takyn and with-
halding of the said myl irnys, and viher grath tharof clamit be the said
Androue Cardeny to be takyn, withhaldine and doune be the said Lyone of
Logy, baith the saidis parteis beand bundyn and oblist be the faithis and
treuthis in thar bodyis, thar gret aith suorne, the hali ewangelis tuechit, til
abid, stand, vinderly, complet and fulfil the decret, deliuerance, and ordinans
of vs in the forsaid materis, and we inlikwys beand sworne and oblist to deliuer
tharapon eftir oure vnderstanding, lawteis and guegment; Quharthrow we
procedand in the forsaid materis the forsaid dai, place, monetht and Zeir,
ather the parteis and thar dissyris, thar petiscionis, writtis, witnessingis be
vs rasauit, at lenth herd and vnderstand, we beand weill and riply avissyt,
haffand God before e, findis, decrettis, deliueris and ordanis that the said
Andrew Cardeny and his ayeris Sal bruk, jois and reman with the hail
watter that cumis to his said myl this dai, but stop, pley or impediment of
the said Lyone or his ayoris, aye and quhil the said Lyone or his a yoris big
1493.] FAMIL Y OF LOGY OF LOG' Y. 17 | *
a myl of thar awin apome thar awin ground, than Sal the said Lyon or his
ayoris haf the halff of the hail watter next hymselff to be drawin to his
awin myl be him or thaim to be biggit, sua that it be sen but fraud or gil
that the said halff hail watter ma caus the said Lyonis myl essaly to gang
and haf passagis to grind to the said Lyonis profit and nocht ell, and als that
the said Lyone Sal gif and rastor to the said Andrew the myl irnys, and al
vther graith belangand to the said myl takyn and withhaldine be hym, to-
gidder with fourty schillingis of siluer at the fest of Mertimes next to cum
to the biggyn and mending of the said myl, and als that the said Lyone sal
lay in the watter to the said myl drawin and withhaldin tharfra be hym of
befor; and this to al thaim quham it effeiris or ma effer this our deliuerance,
we declar and makis kend be thir our present lettres, to the quhilkis we haff
appenssyt our sell, zer, dai, and place forsaid, befor thir witness, William
Lord of Rothwen, Robert the Ross of Cragy, and Patrik of Well.
99%. RESIGNATION by MARGARET LOGY, Lady of Logyalmond, through her
procurator, John Lord Glammis, of the barony of Logyalmond.—30th
September 1493.
IN Dei nomine amen: Per hoc presens publicum instrumentum cunctis pateat
euidenter et sit notum quod anno incarnationis Dominice millesimo quadrin-
gentesimo nonagesimo tercio, indictione vndecima, pontificatusque sanctissimi
in Christo patris ac domini domini Alexandri diuina prouidencia Pape sexti
anno Secundo, mensis vero Septembris die Vltimo, constitutus nobilis et potens
dominus Johannes dominus Glammis procurator et eo nomine prouide muli-
eris Margarete Logy Domine de Logyalmond, de cuius procurationis mandato
michi notario publico luculenter constabat per literas Suas patentes in sua
I 72* AIA RTERS OF THE [1493.
virginitate confectas et sigillatas cera alba rubia impressa, et im cauda pen-
dente, accessit ad presentiam excellentissimi et potentissimi principis ac
domini nostri metuendissimi Jacobi quarti Dei gracia Regis Scotorum illus-
trissimi, et ibidem cum reverencia qua decuit prefatus Dominus Glammis
momime quo supra tenensque in manu sua dictas litteras procuratoriales,
quarum vigore omnes et singulas terras et baroniam de Logyalmond cum
tenentibus, tenandriis et libere tenencium seruiciis cum suis pertinenciis in
manibus supremi domini nostri regis antedicti tanquam in manibus domini
superioris earumdem terrarum et baronie per fustim et baculum sursum red-
didit pureque simpliciter resignauit atque dimisit, ac totum jus et clameum
juris quod dicta Margareta habuit in et ad prenominatas terras et baroniam
cum tenentibus, tenandriis et libere tenentium seruiciis cum pertinenciis suis
quibuscumque ; super quibus omnibus et singulis nobilis et potens dominus
Willelmus comes de Erole a me notario publico subscripto sibi fieri petiit
instrumentum seu instrumenta publicum seu publica vnum seu plura : Acta
erant hec in camera Regis infra castrum Sanctiandree, hora decima ante
merediem vel eocirca, sub anno, die, mense, indictione et pontificatu quibus
supra : Presentibus ibidem reuerendissimo in Christo patre ac domino Wil-
lelmo miseratione diuina Sanctiandree archiepiscopo, etc., nobilibus et poten-
tibus principe et dominis Dauid duce Montis Rosarum, Archibaldo comite
Angusie et domino Dowglas cancellario Scotie, venerabilibus in Christo patri-
bus Henrico et Jacobo de Cambuskynneth et Scona abbatibus, et magistro
Alexandro Inglis archidiacono Sanctiandree, cum diuersis aliis testibus ad
premissa vocatis pariter et rogatis.
Et ego Johannes Tiri Sanctiandree diocesis clericus, imperiali et regali
autoritatibus notarius publicus, quia prefatis resignationi et dimissioni
ceterisque premissis omnibus [etc., ίη forma communi.]
1493.] FAMILY OF LOGY OF LOGY. 17.3%
100*. PRECEPT by KING JAMEs IV. for infefting THOMAS HAY, son of William
Earl of Errol, and his spouse, MARGARET LOGY, Lady of Logyalmond, in
the barony of Logyalmond.—4th October [1493.]
JACOBUs Dei gracia rex Scotorum vicecomiti et balliuis Suis de Perth, necnon
dilectis nostris Thome Charteris de Kynfawnys, Alexandro Abercromby, et
Andree Bunche ac eorum Cuilibet, coniunctim et diuisim, vicecomitibus nos-
tris de Perth in hac parte Salutem : Quia dedimus et concessimus hereditarie
dilectis nostris Thome Haye, filio dilecti consanguinei nostri Willelmi comitis
de Eroll, et Margarete Logy domine de Logyawmond sue sponse et eorum
alteri diucius viuenti in coniuncta infeodacione, totas et integras terras et
baroniam de Logyawmond, cum tementibus, tenandrijs et libere tenencium
Seruiciis earundern, cum pertinencijs, jacentes infra vicecomitatum nostrum de
Perth: Quequidem terre et baronia cum tenentibus, tenandrijs et liberetenen-
cium seruicijs earundem cum pertinenciis fuerunt dicte Margarete hereditarie,
et quas eadem Margareta non vi aut metu ducta, nec errore lapsa, Sed Sua
mera et spontanea voluntate, in Sua pura virginitate in manus nostras apud
Sanctum-andream per fustem et baculum et Suos procuratores ad hoc legit-
time constitutos Sursum reddidit, pureque simpliciter resignauit, prout in carta
nostra dictis Thome et Margarete eius sponse inde confecta plenius continetur:
Vobis precipimus et mandamus quatenus dictis Thome et Margarete eius
sponse vel suis certis actornatislatoribus presencium sasinam dictarum ter-
rarum et baronie cum tenentibus, tenandriis et liberetenencium seruiciis
earundem cum suis pertinenciis, Secundum tenorem dicte carte nostre quam
de nobis inde habent juste haberi faciatis, et sine dilacione, et hoc nullo modo
omittatis; ad quod faciendum vobis et vestrum cuilibet coniunctim et diuisim
in hac parte committimus potestatem : Datum sub testimonio magni sigilli
nostri apud Striueling quarto die mensis Octobris anno regni nostri Sexto.
2%
17.4% CHARTERS OF THE [1493.
101*, SASINE of THOMAS HAY, son of William Earl of Errol, and MARGARET
of LOGY, his spouse, in the barony of Logyalmond.—22d October 1493.
IN Dei nomine amen : Per hoc presens publicum instrumentum cunctis pateat
euidenter quod anno incarnacionis Dominice millesimo quadringentesimo
nonogesimo tertio, indictione duodecima, mensis vero Octobris die vicesimo
secundo, pontificatus sanctissimi in Christo patris et domini nostri domini
Alexandri diuina prouidencia Pape sexti anno secundo, ac regni serenissimi
domini nostri domini Jacobi quarti Scotorum regis illustrissimi anno Sexto,
meigue notarii publici et testium subscriptorum presencia personaliter accessit
honorabilis vir Edmundus Hay de Melginch ac attornatus nobilis viri Thome
Hay filij nobilis et prepotentis domini Willelmi comitis de Erole domini de
Hay ac constabularij Scotie et Margarete de Logy sue sponse, de cuius attor-
natorie officio prout per patentes literas pergamino Scriptas, sub testimonio
magni sigilli supremi domini nostri regis, ibidem perlectas michi notario
subscripto sufficiens documentum constabat, ad terras de Logyalmond et
baroniam eiusdem, necnon et ad terras de Tuchcloicht tanquam pro principali
dicte baronie, jacentes cum pertinenciis infra vicecomitatum de Pertht: Qui-
quidem certas literas Saisine patentes sub sigilli magni testimonio Supremi
domini nostri regis antedicti alba cera pendente vt moris est sigillatas et
roboratas honorabili viro Thome Charteris de Kynfawnis vicecomiti in hac
parte dicti supremi domini nostri regis specialiter constituto in medium pro-
duxit, et eidem deliberauit, quas tanquam Sanas et integras, non viciatas, non
cancellatas, non rasas, non abolitas nec in aliqua parte Sui suspectas, sed omni
prorsus vicio et suspicione carentes, et idem Thomas Charteris vicecomes per
me notarium publicum subscriptum perlegi et explanari fecit sub hoc tenore
sequente : Jacobus Dei gratia Rex Scotorum, etc.—[Vide No. 100*, supra.]
1493.] FAMIL Y OF LOGY OF LOGY. l
7
5
3%.
Quibus literis saisine sic, vt prefertur, visis, lectis et rimatis sepe dictus Thomas
Chartris vicecomes sic constitutus et in Se specialiter et expresse potestatem
sibi commissam acceptans, Saisinam et possessionem hereditariam Omnium et
singularum terrarum de Logyalmond et baronie, cum tenentibus tenandriis et
liberetenencium seruiciis cum pertinenciis prefato Edmundo Hay tanquam
vero et legittimo attornato dictorum Thome Hay et Margarete Logy sue
sponse, per terre et lapidis tradicionem in coniuncta infeodacione, super fun-
dum dictarum terrarum, ac Secundum formam et tenorem carte Supremi
domini nostri regis dictis Thome Hay et Margarete sue sponse confecte in
forma juris, contulit et deliberauit, ac eundem Edmundum attornatum nomine
et ex parte dictorum Thome et Margarete in realem, actualem et corporalem
possessionem omnium et singularum predictarum terrarum et baronie cum
tenentibus, tenandriis et liberetenencium Seruiciis cum pertinenciis per ipsius
inclusionem infra domum principalem earundem induxit, pariter et inuestiuit,
juris solemnitate consueta mediante: de et Super quibus omnibus et singulis
predictus Edmundus Hay actornatus nomine et ex parte predictorum Thome
et Margarete a me notario publico subscripto Sibi fieri peciit Vnum vel plura
publicum seu publica instrumentum vel instrumenta: Acta erant hec super
fundum dictarum terrarum de Logyalmond et baronie apud villam de Tuych-
cloich hora duodecima in meredie veleocirca, Sub anno, die, mense, indictione et
pontificatu quibus supra, presentibus ibidem honorabilibus discretis et prouidis
viris Johanne Rovan de Cragaw, domino Johanne Sym, Capellano, Georgeo
Dixsone, Jacobo Foster, Finlayo Farchar, Donaldo Gilcalmesone, Andrea
Robertsone, Donaldo Gotherason, Johanne Donaldsone, Johanne Gilbertsone,
Patricio Jhonson, Johanne Hewinsone, Duncano Farchar, Johanne Douglas,
Johanne Pedosone et Johanne Morisone, cum diuersis aliis testibus ad pre-
missa vocatis specialiter et rogatis.
Et ego Patricius Brison presbyter Sanctiandree diocesis, publicus auctori-
1.76% CHARTERS OF THE [1501.
tatibus imperiali et regali notarius, quia premissis omnibus [etc., in
forma communi.]
102*, LETTERS by KING JAMES the FOURTH bearing that the lands of Logy are
held by THOMAS HAY of Logy in blench farm.—15th August [1501].
JAMEs, be the grace of God King of Scottis, to oure schireff of Perth and
his deputis greting : ForSamekle as it is humilie menit and explenit to ws be
our lovit, Thomas Hay of Logy, that quhair he haldis his landis of Logy, with
the pertinentis, of ws in fre blenchferme, as his charter and infeftment thairof,
shewin befor the Lordis of Oure Counsale proportis, neuertheles he wes Vnlawit
in oure twa last justice airis of Perth, becaus he wald not put ane Svitour for
his saidis blanchferme landis and Ze tend to poynd him thairfor in grete
scaith to him, and incontrair justice gif it sa be : Oure will is herfor, and
we charge zou straitly and commandis that ze and Zour deputis ces fra all
poynding and distrenzeing of the said Thomas his landis or gudis for the
saidis vmlawis, of the quhilkis we discharge him in safer as pertenis to his
saidis landis of Logy, with thair pertinentis, becaus it is vndirstand to the
lordis of our counsale that he haldis thai landis blanch-ferme efter forme of
his said charter sene and vnderstand be thame; discharge zow and zour
deputis of zour office in that parte be thir oure lettres, halding thame to
schow vpoun compt for Zour warant befor the auditouris of our chekker,
quhilkis we charge to defese zou of the Saidis vnlawis in Zour comptis-
Gevin vndyr oure signete at Edinburgh the XV day of August and of oure
regime the xiiij zere.
Ex deliberatione dominorum consilii, etc.
J. CHEPMAN.
1534.] FAMILY OF LOGY OF LOG' Y. 17.7%
103*. APPOINTMENT of GEORGE HAY, son of Margaret Logy of that ilk, to
recover the price of certain horses taken from Logy and Strabranne,—
5th and 12th February 1534.
IN Dei nomine amen : Per hoc presens publicum instrumentum cunctis pateat
euidenter, quod anno incarnationis Dominice millesimo quingentesimo tri-
gesimo quarto, diebus vero mensis Februarij quinto et duodecimo, indictione
octaua, pontificatus sanctissimi in Christo patris et domini nostri domini
Pauli diuina prouidencia pape tercii anno primo : In mei notarii publici et
testium subscriptorum presentia personaliter constituti honorabiles discreti et
honesti viri Robertus Murray sponsus modernus prouide domine Margarete
Logy de eodem, dominus Andreas Mathy Capellanus, Patricius Alane et
Duncanus Robertowynsoune laici Dunblanensis et Dunkeldensis diocesium,
fecerunt, constituerunt et ordinauerunt honorabilem virum Georgium Hay
filium et apparentem heredem prefate Margarete Logy eorum deputatum et
specialem assignatum, cum clausula de rato dantes et concedentes eidem
Georgio Suas plenarias et Omnimodas potestates ad petendum, exigendum et
eorum nominibus recipiendum quindecim precia equorum et equarum indomi-
torum ab eisdem constituentibus de territoriis de Logy et Strabranne, in anno
Domini millesimo vº vigesimo septimo, vt asseritur, ablatorum, Vnacum
proficuis eorundem ab eorum ablacionis temporibus inde perceptis a quibus-
cunque personis, cum quibus wbicunque locorum reperti Seu inuenti fuerint,
eisdemgue literas quiete clamacionis pro ipsis dandum, et, si necesse fuerit,
easdem personas pro prelibatis preciis equorum et equarum vnacum proficuis
in forma juris distringendum, ac omnia alia et singula in premissis faciendum
que ad officium deputatorum et assignatorum de jure pertimere dinoscuntur:
super quibus omnibus et singulis prefatus Georgius Hay a me notario publico
178* . CHARTERS OF THE [1536.
subscripto Sibi fieri peciit Vnum seu plura publicum seu publica instru–
mentum seu instrumenta: Acta erant hec in choro ecclesie collegiate de
Methwen Sanctiandree diocesis, et turri de Logy Almonth, horas circa deci-
mam ante merediem et Secundam post merediem, diebus suprascriptis, anno,
mense, indictione et pontificatu quibus supra, presentibus ibidem discretis et
homestis viris domino Waltero Fergussoune vicario pensionario de Methwen,
Johanne Murray clerico parochiali principali de Fowlis, Jacobo Peirsoune,
Jacobo Forstar, Alexandro Murray juniore, Andrea Robertsoune et Andrea
Alasoune, Alexandro Pait, cum diuersis aliis testibus ad premissa vocatis
specialiter et rogatis.
Et ego Andreas Cardeny presbyter Sanctiandree diocesis, publicus auctori-
tate apostolica notarius, premissis omnibus [etc., in forma communi.]
104%. RETOUR of GEORGE HAY, as heir of his mother, Margaret Logy of Logy-
almond, in the lands and barony of Logyalmond.—3d October 1536.
HEC inquisicio capta fuit apud burgum de Perth in pretorio eiusdem, die
tertio mensis Octobris, anno Domini millesimo quingentesimo tricesimo sexto,
coram nobili et potente domino Willelmo domino Ruthuen vicecomite de
Perth, ac honorabili viro Oliuero Maxtoune de Drumgrene vicecomite deputato
eiusdem, per hos subscriptos, videlicet, Patricium Ogiluy de Inchemartyne,
Jacobum Hering de Glasclun, Jacobum Haldane de Glenneges, Gilbertum
Monnorgond de eodem, Johannem Kynnard de eodem, Johannem Kynnard
de Inchestur, Johannem Cochrane de Petfour, Alexandrum Robertsoun de
Tascally, Walterum Bonar de Kelty, Georgium Gorthy de eodem, Willelmum
Drummond de Abirnyte, Robertum Murray de Drumdewan, Johannem Car-
gill de Kynloch, Thomam Stewart de Garntuly, Adam Lindesay de Wester
1536.] FAMILY OF LOGY OF LOGY. 179*
Kinloch, Johannem Cwnynghame in Wilstoune, Andream Rettray de West-
hall, Alexandrum Drummond de Carnoch, et Johannem Ross de Ouchter-
gavin : Qui jurati dicunt quod quondam Margareta Logy de Logyalmond
mater Georgij Hay latoris presencium obiit vltimo vestita et sasita vt de
feodo ad pacem et fidem supremi domini nostri regis de totis et integris terris
et baronia de Logyalmond cum pertinenciis jacentibus infra vicecomitatum
de Perth, et quod dictus Georgius est legitimus et propinquior heres eiusdem
quondam Margarete matris sue de dictis terris et baronia cum pertinenciis
et quod est legitime etatis; et quod dicte terre et baronia de Logyalmond
cum pertinenciis valent nunc per annum ducentas marcas, et tempore pacis
centum marcas Vsualis monete Scotie ; et quod omnes et singule predicte
terre et baronia cum pertinenciis tenentur in capite de Supremo domino
nostro rege in liberam regalitatem, reddendo inde annuatim vnum denarium
vsualis monete regni Scotie super solum predictarum terrarum in festo
natiuitatis beati Johannis Baptiste nomine albe firme si petatur; et quod dicte
terre et baronia de Logyalmond nunc existunt sicuti fuerunt in manibus
eiusdem domini nostri regis per spacium quadraginta dierum vltime elapsarum
aut eocirca ob causam mortis dicte quondam Margarete matris Sue defectu
veri heredis jus suum hucusque minime prosequentis: In cuius rei testi-
monium sigilla quorundam qui dicte inquisitioni intererant faciende huic
inquisitioni apponuntur clauso sub sigillo officii dicti vicecomitis, et hoc breui
incluso, loco, mense, die et anno prescriptis.
Hec est vera copia principalis retornatus super premissis remanentis in
cancellaria Supremi domini nostri regis copiata et collationata per
me magistrum Johannem Chesolm deputatum directoris eiusdem sub
mea subscriptione manuali.
JO. CHESOLME, etc.
180* CHARTERS OF THE [1536.
105*. SASINE of GEORGE HAY, son of Margaret Logy of that ilk, in the lands
and barony of Logyalmond.—31st October 1536.
IN Deinomine amen : Per hoc presens publicum instrumentum cunctis pateat
euidenter quod anno incarnacionis Dominice millesimo quingentesimo trigesi-
mo sexto, die vero mensis Octobris vltimo, indictione decima, pontificatus
sanctissimi in Christo patris et domini nostri domini Pauli diuina prouidencia
pape tertij anno tertio, in mei notarij publici et testium subscriptorum pre-
sentia personaliter constitutus honorabilis vir Georgius Hay heres quondam
honorabilis domicille Margarete Logy de eodem, secum deferens quoddam
preceptum ballie in papiro Scriptum sub signeto nobilis et potentis domini
Vilelmi Ruthwen de eodem cera rubea impressa, honesto viro Johanni Buys
vni marorum vicecomitatus de Perth in hac parte litteratorie constituto debite
executioni demandando Ostendit, exhibuit et presentauit; quodguidem pre-
ceptum ab eodem Georgio Hay cum reuerencia qua decuit recepit, et michi
notario publico subnotato perlegendum dedit, cuius tenor sequitur de uerbo
in uerbum et est talis : Williame Lord Ruthwane schiref of Perth to Williame
Andersone, Jhonne Watsoune, Jhonne Buys, maris of the said shirefdome con-
iunctlie and seueralie specialie constitut greting: ForSamekle as thair is ane
precept of sesin of our souerane Lordis chapell, cloissit within the quhit walx
in forme of chancelarie, direct to me and myn deputis berand in effect, that
be inquisitioun maid at his grace command, and to his chapell retourit, it wes
fund ande deliuerit that wnquhill Margret Logy of Logyalmond, moder of
George Hay, berar herof, deit last vestit and sesit as of fe at the faith and
pece of our souerane Lord the King off all and haill the landis and barony of
Logyalmond, with ther pertinentis, liand within the said sherefoome, and at
the said George is nerast and lauchfull air of the said wnguhill Margret his
moder of the Saidis landis and barony with ther pertinence, and is of lauchfull
1536.] FAMILY OF LOGY OF LOGY. 18.1%
age, and at the saidis landis ande barony is haldin of our souerane Lord
in superiorite: Quharfor I command and charge Zou conforme to the charge
of our souerane Lordis precept direct to me that ze incontinent, this precept
Sene, pass and gif stait, Sesing and possessioun reall, actuale and corporale,
of all and haill the saidis landis and barony of Logyalmond with ther
pertinence to the said George Hay or his lauchfull attornay berar hereof be
the gift of erd and stane apone the grond of the said landis and barony and
principale place and Grange thereof efter the forme and tenour of our said
souerane lordis precept direct to me, and this myn precept direct to zou ther-
apon be the gift of erd and stane in forme of law as efferis, without delay,
saffand ilk mannis rycht, and tak Securite off tua pennyis avin to our souerane
Lorde for duplin of the blanche of the said barony and landis, as ze will
answer to me hervpon and vnder all pane ande charge that efter may follow :
The quhilk to do I committ to zow coniunctlie and seueralie myn full power
be this myn precept gevin vnder myn signet at Perth the xxvi day of Octo-
ber the zeir of God jºvº xxxvi zeris: Quoquidem precepto ballie prescripto
per me notarium publicum suprascriptum perlecto, altaque et intelligibili
voce publicato, predictus Johannes Buys marus et eo nomine quo supra dicti
nobilis et potentis domini Willelmi Ruthwen ad ministrationem sui officii in
hac parte faciendum, requisitus accessit ad dictas terras de Logyalmond cum
pertinenciis, ibique vigore prefati precepti ballie statum, Saisinam hereditariam
et possessionem corporalem totalium et integrarum prefatarum terrarum de
Logyalmond cum pertinenciis prenotato Georgio Hay ibidem presenti stipu-
lanti et recipienti per terre et lapidis dacionem ac domus inclusionem, vt
moris est, cum omni juris valitudine, saluo jure cuiuslibet, nullo reclamante
seu contradicente, publice contulit, exhibuit et deliberauit solemnitate in
huiusmodi, vi moris est, obseruata: De et super quibus omnibus et singulis
memoratus Georgius Hay per me notarium publicum infrascriptum sibi fieri
2 A*
18.2% CHARTERS OF THE [1537.
et tradi petiit Vnum seu plura publicum seu publica instrumentum seu in-
strumenta : Acta erant hec in lie Chapellhill wlgariter nuncupato COram
ostio domus habitationis Thome Bissat, horam circa octauam ante merediem,
sub anno, die, mense, indictione et pontificatu quibus supra; presentibus
ibidem discretis et honestis viris domino Andrea Mathy capellano, Johanne
M*Gregour, Willelmo Moyle, Alexandro Stodhirde, Thoma Watsoun, et Dauid
Cristye, cum diuersis aliis testibus ad premissa vocatis et requisitis.
Et ego Andreas Cardeny presbiter Sanctiandree diocesis, publicus autori-
tate apostolica notarius, premissis omnibus [etc., in forma communi.]
106*. PROTEST of GEORGE HAY of Logy that the lands of Logyalmond were
held in free regality.—8th October 1537.
IN curia iusticiarie Supremi nostri regis tenta et inchoata in pretorio burgi de
Edinburgh, die lune octauo die mensis Octobris, anno Domini millesimo quin-
gentesimo trigesimo Septimo coram honorabilibus viris Jacobo Coluill de
Estwenis, et Adamo Ottirburn de Redhall, militibus, iusticiarijs in hac parte
supremi domini nostri regis per ipsius commissionem specialiter constitutis,
sectis vocatis et curia affirmata hora Vndecima ante merediem aut eocirca,
presentibus ibidem venerabilibus et discretis viris Roberto abbate Sancte
Crucis prope Edinburght thesaurario, magistro Johanne Chesolme preposito
de Dunglass, Willelmo Carncross de Cowmislie, et domino Georgio Richert–
soun vicario de Killgour, et Andrea Quhite notario publico, cum diuersis
aliis testibus.
The Saidis day and place comperit in jugement in the said iustice court
Maister Hew Rig foirspekar for George Hay of Logy, and protestit in this
maner : That albeid the said George, at command of our souerane Lordis
1537.] FAMILY OF LOGY OF LOGY. 18.3%
lettres, enterit Donald Frankland dilaitit of the slauchter of vnguhile Johne
M*Carar, quhilk was commitit, as the said George allegeit, was commitit
within his landis and regalite of Logyalmond, and was apprehendit be himself
within the samin, and that he had set ane court for doing of iustice vpone the
said Donald befoir himself, as lord of the said regalite; and to werify and
appreif that he had fre regalite, producit ane charter Vndir the gret seill of
vmquhile Dauid King of Scotland, of the dait at Edinburgh the viij day of
Maii, the zeir of God j” iijº lxvj zeiris grantit to Johne Logy Sone and air to
vmquhile Johne of Logy, knycht," and ane vther charter confirmand the samin
maid be vimduhile Robert King of Scotland to John Logy, of the landis of
Logy, with fre regalite of the samin of the dait at Perth the last day of Aprile,
and of his regne the Sevint zeir ; ane testimoniale of the admissioun of the
saidis charteris and regalite be Murdac stewart of Scotland, Lord of Apthane,
iustice of the north part of the watter of Forth, in ane iustice air haldin at
Perth the tuenty day of Maii the zeir of God jº iijº lxxxxij zeiris; ane wther
testimoniall of Robert Duke of Albany, Gouernour of Scotland, of the admis-
sioun of the said regalite, of the dait at Perth the penult day of Junij, the
zeir of God jº iiijº sex zeiris; and the autentik copy of ane retour subscriuit
be the clerk of chancellarie, quhair he was seruit and retourit of the Saidis
landis of Logyalmond, haldin of our souerane Lord, in fre regalite : Super qua
protestatione, et euidentiarum predictarum ostensione, dictus magister Hugo
Rig prelocutor ipsius Georgii sibi fieri petiit Vnum publicum instrumentum
seu plura publica instrumenta : Acta erant hec anno, mense, die, loco et Coram
suprascriptis testibus.
Ita est magister Nicholaus Robisoun ad premissa notarius rogatus et
requisitus teste manu propria.
* This Charter is not in the Logiealmond Charter-chest.
184* ADDITIONAL CHARTE RS OF [1416.
II.—ADIDITIONAL CHARTERS OF THE GRAND TULLY
FAMILY.
107*. RESIGNATION by CHRISTIAN MURE, Lady of Brenschelis, to JoHN HAY
of Tulibothy, of the lands of Bamchry.—8th July 1416.
VNIUERSIS pateat per presentes me Cristianam Mure dominam de Brenschelis
in mea legitima viduitate constitutam, non vi aut metu ductam, nec errore
aliquo lapsam, sed ex mea mera et spontanea voluntate pure et simpliciter
resignasse ac per fustem et baculum sursum dedisse et quittumclamasse in
manibus nobilis viri Johannis de Hay domini de Tulibothy domini mei supe-
rioris, omnes et singulas terras meas de Banqware, cum pertinentiis, quas de
ipso tenui in baronia de Tulibothy infra vicecomitatum de Clackmanane, cum
omni jure meo et clameo quod in eisdem terris habeo, habui uel habere potero
in futurum : Ita libere et quiete sic quod nec ego uel heredes mei aliquod jus
uel clameum in eisdem terris de cetero exigere valeam seu valeant uel ven-
dicare imperpetuum, sed quod liceat predicto domino meo superiori de pre-
dictis terris disponere ad ipsius libitum voluntatis : In cuius rei testimonium
presentibus sigillum meum est appensum, apud Brenschelis octauo die mensis
Julij anno Domini millesimo cccc"'° decimo sexto.
108*. CHARTER by JoHN HAY, LOrd of Tulybody, to ALEXANDER STEWART,
of the lands of Bamchry.— 15th July 1416.
OMNIBUS hanc cartam visuris vel audituris Johannes de Hay dominus de
Tulybody, salutem in domino sempiternam : Noueritis me dedisse, concessisse
et hac presenti carta mea confirmasse dilecto meo et speciali Alexandro
1416.] THE GRAM D7' U L L Y FAMILY. 185*
Stewart armigero filio nobilis viri domini Johannis Stewart militis domini de
Lorne, omnes terras meas de Banchry, cum Suis pertinentiis, jacentes in
baronia mea de Tulibody, infra vicecomitatum de Clakmanan, pro matrimonio
inter prefatum Alexandrum et Margaretam sororem mean fideliter contra-
hendo et complendo: Quas quidem terras cum pertinentiis Cristiana de Mure
post pacificam saysinam earundem terrarum habitam in Sua Viduitate, mera et
spontanea voluntate sua, non vi aut metu ducta, nec errore lapsa, in manibus
meistanquam domini superioris per fustem et baculum sursum reddidit pureque
et simpliciter resignauit : Tenendas et habendas dictas terras de Banchry
cum pertinentiis prefato Alexandro, heredibus suis et suis assignatis de me
et heredibus meis, in feodo et hereditate imperpetuum, per omnes suas rectas
metas antiquas et diuisas, cum omnibus libertatibus, commoditatibus, pro-
ficuis et asiamentis ac iustis pertinentiis suis quibuscunque ad dictas terras
de Banchry cum pertinentiis spectantibus seu aliquo iure spectare valentibus
quomodolibet in futurum, in viis, planis, pratis, pascuis et pasturis, moris,
marresiis, memoribus, lapidariis, carbonariis, petariis, turbariis, aquis, stagnis,
molendinis, multuris, et eorum sequelis, aucupationibus, venationibus, pis–
cariis, et aliis quibuscunque pertinentiis, tam non nominatis quam nominatis,
tam Sub terra quam Supra terram, ad dictas terras de Banchry cum pertinentiis
spectantibus seu quouismodo spectare valentibus in futurum, adeo libere,
quiete, plenarie, integreet honorifice, bene et in pace, sicut dicte terre de
Banchry cum pertinentiis per aliquem seu aliquos tenebantur de aliquo ante-
cessorum meorum temporibus retroactis: Reddendo inde dictus Alexander
heredes sui et sui assignati michi et heredibus meis Seruicium inde debitum
et consuetum : Et ego Johannes de Hay predictus et heredes mei predictas
terras de Banchry cum pertinentiis prefato Alexandro heredibus suis et suis
assignatis contra omnes mortales warantizabimus, acquietabimus et imper-
petuum defendemus: In cuius rei testimonium huic presenti carte sigillum
186% ADDITIONAL CHARTERS OF [1416.
meum est appensum apud Tulibody, decimo quinto die mensis Julii anno
Domini millesimo quadringentesimo decimo Sexto.
109*. OBLIGATION by JoHN HAY, LORD OF TULYBOTHI, to ALEXANDER STEwART.
–28th July 1416.
BE it knawyn til al men be thir present lettres, me, Johan the Hay, Lord of
Tulybothi, til haf oblyst and straytly bundyn, and be yir present lettris
oblysis and straytly byndys al my landys of Tulybothi, with thair purtenanz,
til my luffit frende Alisandyr Stewart, squier, til his ayrys and his assignes,
whil he haf ressavit of the Said landys, or his assignes and his executours haf
ressayd, because of maryage of Mergarete, my sistyr, with him, sex score of
pundys sex pund thrattene Schillyng and four penys of vsual monay of Scot-
land, to be payd to the Sayd Alisandyr, his ayris or his executours, be thir
porcions at thir termys vndyrwrittyn, that is to say, at Martymes next folow-
and the date of thir presents, twenty marc, and at the Whissonday next
thareſter twenty marc, and at the Martymess next folowand thareſter twenty
marc, and swa furth Zerely, terme by terme, whil the said Alisandyr, his
ayris or his assignez, be fullely payd and assithit of the said soum of sex
score of pundys sex pund thrattene Schilling and four penys. And gif it
happin to faylze of this said payment, in maner befor writtyn, in part or al,
at ony terme or termys, as God forbede it do, I oblys me, myne ayris and
myne executours, my landys and my possessions, and specialy my said landys
of Tulybothy, with thair purtenanz, and al myne othir godis, movabil and
wnmovabil, whare euer thai may be fundyn, to be arrestit, tane, and led away,
and at the wil of the sayd Alysandyr, his ayris Or his assignes, withowtyn
leve of ony juge of the kyrk or seculare, to be Sauld and disponit, whilthe said
Alisandyr, his ayris or his assignes, be fullely assethit and payd of the forsaid
1419.] THE GRAWDTULLY FAMILY. 187%
soum of sex score of pundis sex pund thrattene Schilling and four penys, and
of costis, and scathis, and interess, gif he or thai ony Sustene in defaut of the
forsaid payment. In witnes of the whilk thing to this lettre of obligatioun,
my sele is set, at Colane, the xxviii day of the moneth of July, the zer of grace
m.cccc. and sextene Zer.
110%. CHARTER OF CONFIRMATION by ROBERT DUKE OF ALBANY, Regent of
Scotland, to ALEXANDER STEWART, of the lands of Banchory.—19th
June 1419.
ROBERTUs dux Albanie, comes de Fife et de Menteth ac gubernator regni
Scocie, omnibus probis hominibus tocius regni predicti, clericis et laicis,
salutem: sciatis nos approbasse, ratificasse, et hac presenti Carta nostra
imperpetuum confirmasse donacionem et concessionem illas quas quondam
consanguineus noster Johannes de Haia de Tulybothi fecit et concessit Alex-
andro Stewart filio dilecti consanguinei nostri Johannis Stewart de Lorn
militis pro matrimonio inter dictum Alexandrum et Margaretam de Haia
sororem predicti Johannis iam contracto et completo, de totis et integris terris
suis de Banchory cum pertinenciis iacentibus in baronia de Tulibothy infra
vicecomitatum de Clakmannan: Tenendas et habendas totas et integras pre-
nominatas terras de Banchory cum pertinenciis predicto Alexandro etheredibus
suis de heredibus dicti Johannis de Haia, in feodo et hereditate imperpetuum,
per omnes rectas metas Suas antiquas et diuisas, Cum Omnibus et singulis
libertatibus, commoditatibus et aisiamentis ac iustis pertinenciis suis quibus-
cunque ad predictas terras cum pertinentiis spectantibus seu iuste spectare
ualentibus quomodolibet in futurum. Adeo libere et quiete, plenarie, integre
et honorifice, bene et in pace in omnibus et per omnia sicut in carta prefati
quondam Johannis predicto Alexandro inde confecta plenius continetur:
188% ADDITIONAL CHARTERS OF [1419.
preterquam wbide assignatis dicti Alexandri in dicta carta fit mencio inten–
cionis nostre, nequaquam existit vt ad ipsos assignatos nostra confirmacio se
extendat: saluo etiam domino nostro regi et heredibus suis de prenominatis
terris cum pertinenciis seruicio debito et consueto. In cuius rei testimonium
presenti carte nostre confirmacionis magnum sigillum officii nostri apponi
precepimus: Testibus reuerendo in Christo patre Gilberto episcopo Aber-
donensi cancellario Scocie, Johanne comite Buchanie camerario Scocie filio
nostro, Johanne Stewart de Lorn, Willelmo de Lyndesay de Rossy, militibus,
consanguineis nostris dilectis, Waltero de Curry de Blakburn, Cristomo de
Camera, domino Nicholao Huntar rectore de Mukkersy secretario nostro, et
Thoma de Douglas clerico, apud Falklande decimo nono die mensis Junii anno
Domini millesimo quadringentesimo decimo nono, et gubernacionis nostre
decimo quarto.
111*. CHARTER by MURDOCH DUKE OF ALBANY, dated 22d March 1423, con-
firming a Charter by THOMAS OF ABIRCRUMBY of that Ilk, to JoHN DE
IRELANDE of the lands of Brinbane.—Circa 1419.
MURDACUS dux Albanie comes de Fife et de Menteth ac gubernator regni
Scocie, omnibus probis hominibus tocius regni predicti clericis et laicis
salutem: Sciatis nos quamdam cartam dilecti nostri Thome de Abircrumby
de eodem factam et concessam dilecto consanguineo suo Johanni de Irelande
filio quondam Roberti de Irelande de Brinbane, pro suo bono consilio et auxilio
Sibi multipliciter impensis, de Omnibus et singulis terris de Brinbane cum
pertinenciis iacentibus in baronia de Murthle infra vicecomitatum de Perth,
de mandato nostro visam lectam inspectam et diligenter examinatam, non
rasam, non abolitam, non cancellatam nec in aliqua Sui parte viciatam, set omni
prorsus uicio et suspicione carentem, intellexisse ad plenum in hec verba,
1419.] THE G}?A VIDT UILLY FAMILY. 189*
Omnibus hanc cartam visuris vel audituris Thomas de Abircrumby dominus
eiusdem eternam in Domino salutem : Sciatis me dedisse, concessisse et hae
presenti carta mea cum saisina hereditaria imperpetuum confirmasse dilecto
consanguineo meo Johanni de Irelande filio quondam Roberti de Irelande
domini de Brimbane, pro suo bono et fideli consilio, auxilio et seruicio michi
multipliciter impensis, omnes et singulas terras de Brinbane predictas cum
pertinenciis iacentes in baronia de Murthle infra vicecomitatum de Perth: Ten-
endas et habendas omnes et singulas predictas terras cum pertinenciis predicto
Johanni heredibus suis et suis assignatis, de me et heredibus meis, in feodo
et hereditate imperpetuum per omnes rectas metas . . . cum libero introitu
ac iustis pertinenciis quibuscunque, tam sub terra quam supra ter-
ram, tam non nominatis quam nominatis, ad predictas terras cum pertinenciis
spectantibus seu spectare valentibus quoquomodo in futurum : Reddendo inde
annuatim dictus Johannes heredes sui et sui assignati michi et heredibus meis
duos denarios argenti ad festum penticostes nomine albe firme, si petantur tam-
tum, pro omnibus aliis seruiciis secularibus seu demandis que de dictis terris cum
pertinenciis per me vel heredes meos aliqualiter exigi poterunt vel requiri: Ego
uero dictus Thomas et [herede]s mei omnes et singulas predictas terras de Brim-
bane cum pertinenciis prenominato Johanni de Irelande heredibus suis et suis
assignatis, in omnibus et per omnia, vt premissum est, contra omnes homines et
feminas warantizabimus, acquietabimus et imperpetuum defendemus. In cuius
rei testimonium presenti carte mee sigillum meum est appensum, testibus,
Thoma de Ros domino parcionali de Ochtirgavim, Johanne de Hay, Jacobo de
Irelamde, Alamo filio Johannis et Johanne de Kendy cum multis aliis : Quam
quidem cartam, donacionem et concessionem in eadem contentas, in omnibus
punctis suis et articulis, condicionibus et modis ac circumstanciis suis quibus-
cunque, forma pariter et effectu, in omnibus et per omnia, approbamus, ratifi-
camus, et auctoritate gubernacionis regni predicti confirmamus ; saluo domino
9 B*
190% ADDITIONAL CHARTERS OF [1419.
nostro regiet heredibus suis de predictis terris cum pertinenciis seruicio debito
et consueto. In cuius rei testimonium presenti carte nostre magnum sigillum
officii nostri apponi fecimus, testibus reuerendo in Christo patre Willielmo epi-
scopo Glasguensi cancellario Scocie, Jacobo Stewart et Alexandro Stewart filiis
nostris, Roberto Senescallo de Lorne, Johanne de Wemis milite, Dauid Berclay,
Willelmo de Ferny, Thoma de Douglas scutiferis nostris, et Alano de Ottirburne
secretario nostro, apud Perth vicesimo Secundo die mensis Marcii anno Domini
millesimo quadringentesimo vicesimo tercio, et gubernacionis nostre tercio.
112*. LETTER by ALEXANDER STEUART relative to the foregoing Confirmation
by the Duke of Albany.—19th June 1419.
TILL all and sindry to quhais knauelage thir presentez lettrez Sal to cum, Alex-
ander Steuart, son til a noble man, John Steuart Lorde of Lorn, greting: Yhoure
vniuersite wit, that in our lorde the gouernouris confirmatioun made to me
apoun the gift and the grant of the landis of Banchri, with the pertinents,
liande in the barony of Tulibodi, geuen and made to me be quhilom my
brother in lawe, John the Haye, lorde of Tulibodi, be his charter vnder his
sele, our forsaid lorde the gouernour hase confermit my said charter in alle
fourme and effect as is contenit in it, outane the assignatioune in it made to
the said Alexanderis assignez, and this I mac kend and notifys til al men be
thir my present lettres : To the quhilk for quhi that I had na sele of myne
awne, I haue procurit with instance the Sele of a noble and a michtie lorde, my
lorde John Steuart, Erl of Buchane and Chamberlain of Scotlande, to be put,
in presence of my forsaid lorde my fader, Sir William the Lindesay, lorde of
Rossy, Walter of Curry, Lorde of Blakburn, Sir Nicol Hunter, person of
Mukersy, Thom of Douglas, and of mony viheris, at Fauclande, the xix day
of the moneth of June, the yhere of Our Lorde millesimo cocc. and nyntene.
1389.] THE STEUART FAMILY. 191%
III. MISCELLANEOUS CHARTERS IN FAWOLR OF
THE FAMILY OF STEUART, ETC.
113*. CHARTER by KING ROBERT II. to his son, ROBERT EARL OF FIFE AND
MENTEITH, of the barony of Strathurde and the lands of Strabravne,
etc.—12th August 1389."
ROBERTUs Dei gratia Rex Scottorum omnibus probis hominibus tocius terre
sue clericis et laicis salutem: Sciatis nos dedisse, concessisse et hac presenti
carta nostra confirmasse carissimo filio nostro Roberto comiti de Fyf et de
Menteth totam baroniam de Strathurde cum terris de Strabravne, Dysfer et
Twefer, ac insulam cum lacu de Tay, infra vicecomitatum de Perth, que fuerunt
Isabelle comitisse de Fyf, et quas ipsa non vi aut metu ducta nec errore lapsa,
set mera et spontanea Sua Voluntate, per fustum et baculum in sua viduitate,
ac per literas Suas resignationis sigillo Suo signatas apud monasterium de
Dunfermlyne, die confectionis presencium, Coram pluribus nobilibus sursum
reddidit pureque et simpliciter resignauit, ac totum ius et clameum que in
dicta baronia cum terris, insula et lacu predictis cum pertinenciis habuit seu
habere potuit quouismodo prose et heredibus suis Omnino quietumclamauit
imperpetuum : Tenendam et habendam dictam baroniam cum terris, insula et
lacu predictis cum pertinenciis predicto filio nostro et heredibus suis de nobis
et heredibus nostris, in feodo et hereditate, in libera regalitate, cum quatuor
punctis corone nostre pertinentibus imperpetuum, per omnes rectas metas
suas et diuisas, in boscis, forestis et planis, pratis, pascuis et pasturis, in moris,
maraesiis, viis et Semitis, venacionibus, aucupacionibus et piscationibus, molen-
dinis, multuris et eorum sequelis, cum bondis, bondagiis et natiuis cum tenan-
* Original in Her Majesty's General Register House, Edinburgh.
192* MISOELLAAVEOUS CHARTERS IN FA VOUR OF [1389.
diis et liberetenencium seruiciis, cum curiis, curiarum exitibus et escaetis
quibuscumque, cum furca et fossa, thol et theme, infangandtheſe et Ovtſangand-
thefe, cum aduocacionibus ecclesiarum capellarum et hospitalium, et cum
omnibus aliis et singulis libertatibus, commoditatibus, aysiamentis et instis
pertinenciis suis quibuscunque, ad dictam baroniam, terras, insulam, lacum et
regalitatem predictas cum pertinenciis spectantibus, Seu quoquomodo iuste
spectare valentibus in futurum, tam non nominatis quam nominatis, tam prope
quam procul, tam sub terra quam Supra terram, adeo libere et quiete, bene et
in pace, plenarie, integre et honorifice, in Omnibus et per omnia, sicut aliqua
regalitas infra nostrum regnum Cuicunque conceditur siue datur: Soluendo inde
nobis et heredibus nostris annuatim predictus filius noster et heredes sui, in
festo natiuitatis beati Johannis Baptiste apud castrum de Strathurde vnum par
calcarium deauratorum, nomine albe firme, tantum si petantur, pro omnibus
aliis seruiciis secularibus, exaccionibus seu demandis, que de dicta baronia
terris, insula, lacu et regalitate predictis cum pertinenciis aliqualiter exigi
poterunt vel requiri: In cuius rei testimonium presenti carte nostre nostrum
precepimus apponi sigillum, testibus venerabilibus in Christo patribus, Wal-
tero et Matheo Sanctiandree et Glasguensis ecclesiarum episcopis, Johanne
primogenito nostro de Carrik senescallo Scocie, Archebaldo de Douglas
domino Galwidie, Georgio Marchie, comitibus, Jacobo de Douglas de Dalketh
fratre nostro, Jacobo de Lyndessay nepote nostro, Thoma de Erskyne, mili-
tibus, et Adamo Forster custode sigilli nostri, apud Dunfermlyne duodecimo
die mensis Augusti, anno Domini millesimo trecentesimo Octogesimo nono, et
regni nostri monodecimo.
1452.] THE STE UART FAM II, Y. 19.3%
114*. CHARTER by KING JAMES II. to JOHN LORD LORN of the lordship of
Lorn, baronies of Innermeath and Redcastle.—20th June 1452."
JACOBUS Dei gracia rex Scotorum omnibus probis hominibus tocius terre sue
clericis et laicis Salutem: Sciatis nos dedisse, concessisse et hac presenti carta
nostra confirmasse dilecto consanguineo nostro Johanni domino le Lorn totum
et integrum dominium de Lorn cum pertinenciis, necnon totam et integram
baroniam de Innermeth cum pertinenciis, jacentes infra vicecomitatum de
Perth, ac omnes et singulas terras baronie de Redcastel cum pertinenciis,
jacentes infra vicecomitatum de Forfar, quod dominium et baronie prescripte
fuerunt dicti Johannis hereditarie, et quod et que idem Johannes non vi aut
metu ductus, nec errore lapsus, Sed Sua mera et spontanea voluntate, in manus
nostras apud Edinburgh coram subscriptis testibus personaliter per fustem et
baculum sursum reddidit, pureque simpliciter resignauit, ac totum jus et
clameum que in dictis dominio et baroniis cum pertinenciis habuit, seu habere
potuit, pro se et heredibus suis Omnino quietum clamauit imperpetuum :
Tenendum et habendum dictum dominium de Lorn necnon predictas baronias
de Innermeth et de Redcastel, cum vniuersis et singulis annexis, dependenciis
et pertinenciis suis quibuscumque, Johanni domino le Lornet heredibus mas-
culis de corpore suo legittime procreatis seu procreandis; quibus forte defi-
cientibus, Waltero Steuart fratri germano dictiſohannis et heredibus masculis
de corpore suo legitime procreatis seu procreandis; quibus forte deficientibus,
Alano Steuart fratri eciam germano dicti Johannis domini le Lornet heredibus
masculis de corpore suo legitime procreatis seu procreandis; quibus forte
deficientibus, Dauid Steuart fratri germano dicti Johannis domini le Lornet
heredibus masculis de corpore suo legitime procreatis seu procreandis; quibus
forte deficientibus, Roberto Steuart fratri germano dicti Johannis et heredibus
* Registrum Magni Sigilli, Lib. iv. No. 176.
194* MISOEL LAWEOUS CHARTERS IN FA VOUR OF [1452.
masculis de Corpore suo legitime procreatis Seu procreandis; quibus forsan
deficientibus, Archibaldo Steuart auunculo dicti Johannis domini le Lornet
heredibus masculis de corpore suo legitime procreatis seu procreandis; quibus
forte deficientibus, Jacobo Steuart militi et heredibus suis masculis de corpore
suo legitime procreatis Seu procreandis; quibus fortasse deficientibus, Thome
Steuart consanguineo dicti Johannis domini le Lornet heredibus masculis de
corpore suo legitime procreatis Seu procreandis; quibus omnibus deficientibus,
veris, legittimis et propinquioribus heredibus dicti Johannis domini le Lorn
quibuscunque de nobis et successoribus nostris, in feodo et hereditate imper-
petuum, per omnes rectas metas Suas antiquas et diuisas, prout jacent in longi-
tudine et latitudine, in boscis, ... brasinis, brueriis et genestis, cum furca, fossa,
sok sak, thol theme, infangandtheyf, outfangandthef, cum tenandiis, tenandriis,
et libere tenencium seruiciis, cum communi pastura, libero introitu et exitu,
columbis, columbariis, curiis et earum exitibus, herzeldis, bludwitis et merchetis
mulierum, ac cum omnibus aliis et singulis libertatibus, commoditatibus,
asiamentis ac justis pertinenciis suis quibuscunque, tam non nominatis quam
nominatis, ad supradictasterras cum pertinenciis spectantibus, Seu quoquomodo
juste spectare valentibus in futurum, et adeo libere, quiete, plenarie, integre,
honorifice, bene et in pace, in Omnibus et per Omnia, Sicut dictus Johannes
dominus le Lorne aut Sui predicessores, dictum dominium et terras cum per-
tinenciis, de nobis aut predicessoribus nostris, ante dictam resignationem nobis
inde factam, libere tenuit seu possedit, tenuerunt Seu possederunt. In cuius
rei testimonium presenti carte nostre magnum sigillum nostrum apponi
precepimus, testibus reuerendis in Christo patribus, Jacobo et Willelmo Sancti
Andree et Glasguensis ecclesiarum episcopis, Willelmo domino Crechton
nostro cancellario et consanguineo predilecto, dilectis consanguineis nostris
Patricio domino de Ghrame, Alexandro domino Montigomery, Johanne domino
le Lyndissay de Byris, Andrea domino le Gray, magistro hospicii nostri,
1452.] 7' HIÆ ST EUTA RT FAMILY. 195*
Magistro Johanne Arous archidiacono Glasguensi, et Georgeo de Schorswode
rectore de Culter. Apud Edinburgh vicesimo die mensis Junii anno Domimi
millesimo quadringentesimo quinquagesimo secundo et regni nostri decimo
sextO.
115*. CHARTER by KING JAMES II. to JoHN LORD LORN, of the baromy of
Innermeth and lands of Ennyrdony and Baldemys.—[20th June 1452.] '
JACOBUS Dei gracia rex Scotorum omnibus probis hominibus tocius terre sue
clericis et laicis salutem : Sciatis nos dedisse, concessisse et hac presenti carta
nostra confirmasse dilecto consanguineo nostro Johanni domino le Lorn totam
et integram baroniam de Imnermeth cum pertinenciis, jacentem infra vice-
comitatum de Perth, mecnon omnes et singulas terras subscriptas, videlicet,
totas et integras terras de Ennyrdony et Baldenys, jacentes in comitatum de
Strathern infra vicecomitatum de Perth, necnon terras de Coludrane et de Maw
cum pertinenciis, jacentes infra vicecomitatum de Fyf, necnon terras de Colcrame
cum pertinenciis, jacentes infra vicecomitatum de Kynros, necnon terras de
Kyldony cum pertinenciis, jacentes infra vicecomitatum de Perth ; que baronia
et terre supradicte cum pertinenciis fuerunt dicti Johannis domini le Lorn
hereditarie, et quas idem Johannes, non vi aut metu ductus, nec errore lapsus,
sed sua mera et spontanea voluntate in manus nostras apud Edinburgh per
fustem et baculum coram testibus subscriptis, personaliter sursum reddidit,
pureque simpliciter resignauit, ac totum jus et clameum que in dictis baronia
et terris cum pertinenciis habuit, seu habere potuit, pro se et heredibus suis
omnino quietumclamauit imperpetuum: Quas omnes et singulas terras pre-
scriptas cum vniuersis earundem pertinenciis dicte baronie de Innermeth
incorporamus, annexamus et vnimus pro perpetuo tenore presentis carte : Ten-
endam et habendam totam et integram baroniam predictam cum pertinenciis,
* Registrum Magni Sigilli, Lib. iv. No. 177.
196* MISCE LLA VEOUS CHA R T E RS IV FA WOUR OF [1839.
vniuersis et singulis terris prescriptis, per nos, ut premittitur, dicte baronie
annexis et vnitis, dicto Johanni domino le Lorn et heredibus suis, de nobis,
heredibus et successoribus nostris in feodo et hereditate imperpetuum, per
omnes rectas metas suas antiquas et diuisas, prout jacent in longitudine et
latitudine, cum omnibus et singulis libertatibus, commoditatibus et asiamentis,
ac justis pertinenciis suis quibuscumque, tam non nominatis quam nominatis,
ad supradictas terras cum pertinenciis spectantibus, seu quouismodo juste spec-
tare valentibus in futurum, et adeo libere, quiete, plenarie, integre, honorifice,
bene et im pace, in omnibus et per omnia, sicut predictus Johannes dominus
le Lorm aut sui predicessores nominatas terras cum pertinenciis de nobis aut
predicessoribus nostris, ante dictam resignationem mobis inde factam, liberius
tenuit, seu possedit, temuerunt, seu possederunt. In cuius rei testimonium
presenti carte nostre magnum sigillum nostrum apponi precepimus, testibus,
loco, anno et die ut in precedenti carta, anno regni nostri decimo sexto.
116*. PATENT of the ARMS of SIR WILLIAM DRUMMOND STEWART, Baronet, of
Grandtully, Murthly, and Logiealmond, by the LORD LYON KING OR
ARMS.—15th October 1839.
To all and sundry whom these presents do or may concerm, We, Thomas
Robert Earl of Kinnoull, etc., Lord LyOm King of Arms, semd greeting.
Whereas Sir William Drummond Stewart of Grandtully, Murthly, and Logie-
almond, all in the coumty of Perth, Baronet, hath, by a petition of date the
twenty-first day of September last, represented unto us that he is the secomd
and eldest surviving son of the deceased Sir George Stewart of Grandtully and
Murthly, Baronet, by Catherine Drummond, sister and heiress of Sir William
Drummond of Logiealmond, Knight : That by the death of the petitioner's
eldest brother, Sir John Archibald IDrummond Stewart of Grandtully, Murthly,
1839.] THE STE UART FAMIL Y. 197%
and Logiealmond, Baronet, the petitioner had now Succeeded to the family
estates and dignity: That, by disposition and procuratory of resignation, dated
the eighteenth day of May, one thousand seven hundred and seventy-three,
and recorded in the Books of Council and Session the thirtieth day of
November one thousand seven hundred and seventy-six, made and granted
by the deceased John Drummond of Logiealmond, Esquire, father of the said
Sir William Drummond, Knight, in favour of himself and the heirs therein
mentioned, it is declared “that the whole heirs above mentioned succeeding
to the said lands and estate by virtue of this deed of entail, (except the Earl
of Perth and Duke of Roxburgh) shall be bound and obliged, immediately
upon their said succession, to use and bear, or assume and constantly retain
the surname of Drummond, and style and title of Logiealmond, as their
proper surname, title, and designation, and to use the arms used by the said
deceased John Drummond :” That the petitioner having now succeeded to the
said estate of Logiealmond, he had, in accordance with the above requisition,
assumed the name of Drummond, and was therefore desirous to bear and use
the arms of Drummond of Logiealmond, as recorded in our Public Register of
all arms and bearings in Scotland, quartered with his own paternal arms, but the
latter altered and disposed agreeably to the drawing therewith produced, being
a representation of the old arms of the family as delineated upon a picture of
Sir William Stewart of Grandtully and first of Murthly, Knight, and bearing
date one thousand six hundred and thirteen : That the petitioner was also
desirous to introduce or quarter upon his shield such armorial ensigns as
might be indicative of his descent from his paternal great-grandmother,
Elizabeth Mackenzie, daughter of Sir James Mackenzie of Roystoun, Baronet,
third son of George first Earl of Cromarty, in such manner as we might find
suitable under the circumstances above set forth ; and prayed for our licence
and authority accordingly : Know ye, therefore, that we have assigned, and
sºrrº-aeº-
2 C#
198% CHARTERS OF THE STE UART FAM7I. Y. [1839.
do by these presents ratify and confirm unto the said Sir William Drummond
Stewart, Baronet, and his heirs, and to the heirs of the bodies of his father
and mother, that they bear and use in all time coming, with due and proper
differences according to the laws of arms, the following ensigns armorial as
depicted upon the margin hereof, and matriculated of even date with these
presents in our said Public Register; viz., -Quarterly, first, or, a fess chequé,
azure and argent between three buckles in chief of the second, and a galley,
her oars in action, in base Sable, for Stewart. Second, or, three barrs within
a bordure all waved gules, for Drummond. Third quarterly, first, or, a rock
in flames proper; second, azure, a buck's head cabossed, or ; third, gules,
three legs of a man armed proper, conjoined in the centre at the upper part
of the thighs, flexed in triangle, garnished and spurred, or; fourth, argent
on a pale sable, an imperial crown within a double tressure, flowered and
counter-flowered with fleurs-de-lis, gules, all within a bordure, ermine, for
Mackenzie. Fourth as the first. Above the shield is placed a helmet be-
fitting his degree, with a mantling, gules, doubled argent, and upon wreaths
of his liveries are set for crests on the dexter side, two bees countervolant
proper, and on an escrol over the same this motto, “Provyd,” and on the
sinister a dexter arm from the shoulder, holding a broad sword in the hand,
all proper, and on an escrol over the same this motto, “Nil Timeo.” The
shield is encircled with an Orange tawney ribbon, having pendant therefrom
the badge of Nova Scotia, as being baronet, which last is confined to the peti-
tioner and the heirs-male succeeding to him in the baronetcy. In testimony
whereof, these presents are subscribed by James Tytler of Woodhouselee,
Esquire, Clerk to her Majesty's Signet, our depute, and the seal of our office
is appended hereunto, at Edinburgh, the fifteenth day of October, in the year
of our Lord one thousand eight hundred and thirty-nine.
JAMES TYTLER, Lyon Depute.
199%
ABSTRACT OF THE GRANDTULLY CHARTERS,
AS PRINTED PAGES 1-124.
1. Charter of Confirmation, dated 22d August 1342, by King David II.,
of a charter by Duncan Earl of Fife, in favour of John of Yre-
lande, Baron of Morthely, fixing the marches of the baronies of
Strathurde and Morthely, wherein the boundaries of Morthely are
described as extending from the rock of Madeforne, and passing
through Crescholtre, Inchedawf, Cragileth, Mongrethe, Aachin-
darg, etc. The charter confirmed is dated at Falkland, 20th
January 1336, . º tº & & º & º g 1
2. Precept by Duncan Earl of Fife, to Robert, Steward of Scotland,
bailie of all the Earl's lands in Scotland, commanding him to
make the forenamed marches and boundaries to the barony of
Morthely, in favour of the said John of Ireland and his heirs.
Dated at Kilwinning on the day of St. Benedict the Abbot, [21st
March] 1345,
2
3. Precept by the said Robert, Steward of Scotland, to Duncan, son of
Andrew [Anderson], chief forester of Brannan, commanding him
to fix the foresaid marches as the boundaries of the barony of
Morthely, in terms of the foregoing precept by Duncan Earl of
Fife. [1345], . . º • * . . . . 3
200% A BSTRA CT OF THE [1414.
4. Charter by King Robert II., in favour of Alexander of Berclay of
Kercow, of the barony of Kercow, in the shire of Perth, upon the
resignation of the same by William of Berclay, the grantee's father :
To be held of the Crown (under reservation of the liferent thereof
to the said William) for rendering the services used and wont,
and relief or ward after the death of his said father. Dated 15th
May [1388],
5. Charter by Archibald Earl of Douglas, Lord of Galloway and Annan-
dale, in favour of his beloved shield-bearer and cousin, Alexander
Stewart, son of Sir John Stewart of Lorn, Knight, for service
rendered, and to be rendered, to the granter, of his lands of Garne-
tully, Kyltullyth, and Abirfally, in the abthanery of Dull and shire
of Perth, which formerly belonged heritably to the said Sir John,
and had been resigned by him : To be held by the said Alexander
Stewart and the lawful heirs-male of his body; whom failing, by
the foresaid Sir John Stewart and his heirs whomsoever, of the
said Earl and his heirs in feu and heritage, for rendering three
suits of court at the granter's three courts of Garnetully, to be held
upon the hill called the Courthill, (which the granter reserved to
himself and his heirs for holding their courts thereon,) and for
rendering to the lord of the abthanery of Dull the service used
and wont. Dated at Stirling, 30th March 1414,
6. Precept by Archibald Earl of Douglas, Lord of Galloway and Annan-
dale, to Andrew Asoot, his bailie of his lands in the abthanery of
Dull, for infefting Alexander Stewart, son of Sir John Stewart of
Innermethe, Knight, the granter’s ‘dearest cousin,’ in the lands of
Page
1445.] GRANDTULLY CHARTERS.
2() 13:
Garnetully, Kyltullyth, and Abyrfally, in the abthanery of Dull
and shire of Perth. Dated at Stirling, 8th March 1414,
7. Charter by Christian of Mure, Lady of Brintschelis, in her pure
widowhood, to the said Alexander Stewart, son of Sir John
Stewart, Lord of Lorne, for his counsel and assistance thankfully
and often rendered to the granter, of her lands of Carnbo, in the
earldom of Stratherne and shire of Perth : To be held by the said
Alexander and his heirs of the granter and her heirs in feu and
heritage, for rendering to the lord Superior the Service due and
wont. Sealed with the granter's seal, at Perth, 1st June 1419,
8. Instrument of Sasine proceeding upon a precept from the Chancery
of King James II., in favour of Thomas of Abbyrcromby of that
Ilk, of the lands of Murthtly and Nethir Eskyndi, in the shire of
Perth, which belonged to the said Thomas heritably, and had been
resigned by him into the king's hands. Dated 10th May 1445,
Page
9. Extract under the hand of John Hay of Easter Kennet, Clerk of
Council, of a charter by King James II, to Robert of Abercromby,
of the lands of the barony of Murthlie, and the lands of Eschindy
in the shire of Perth, and the lands of Abercrombie in the shire of
Fife, which belonged heritably to Thomas of Abercrombie of that
Ilk, his father, and had been resigned by him into the hands of
the King: To be held of the Crown by the said Robert and his
heirs whomsoever (under reservation of the liferent of his said
father) for rendering the services due and wont. Dated at Stir-
ling, 22d March 1445, .
1 ()
202%
A BSTRACT OF THE [1462.
10. Instrument on the Sasine given by John Evyot, Laird of Balwolsy,
in virtue of a commission under the seal of King James II., in
favour of Robert of Abbercrumby, son of Thomas of Abber-
crumby, of the said lands of the barony of Murthlie, and lands
of Eschindy, in the shire of Perth, and the lands of Abbercrumby,
in the shire of Fife, which belonged to the said Thomas herit-
ably, and had been resigned by him. Dated 2d June 1446,
11. Agreement between William, Abbot, and the Monks of the Monastery
of Cupar, on the one part, and Thomas Stewart of Garntully, on
the other part, regarding the marches between the lands of
Murthly, belonging to the said Abbey, and the lands of Kyntully,
belonging to the said Thomas, in terms of the deliverance of an
assize relative thereto. Sealed with the seals of the said Abbot
and Thomas Stewart, and of Some of those on the assize, and
dated at the Abbey of Cupar, 10th July 1449, .
12. Retour of the Service, before Sir Andrew Murray, sheriff-depute of
Perth, of Alexander Stewart, as heir of his father, Thomas Stewart,
in the lands of Grantuly, in the shire of Perth, which were held
in chief of the King by the service of ward and relief, for ren-
dering a common suit yearly in the Courts of Appindul. Expede
at Perth on 13th May 1462, .
13. Retour of the Service, before John Menteith, sheriff-depute of Clak-
mannan, of the said Alexander Stewart, as heir of his said father,
in the lands of Banchry, in the shire of Clackmannan, which were
valued at 18 merks, and were held in chief of the Earl of Huntle
Page
14
16
1470.] (ARA VDT' U LLY CHARTERS.
20.3%
and Lord of Tulibody, by the service of ward and relief Expede
at Clakmannan on 2d June 1462,
14. Charter by John Earl of Athol, in favour of John Stewart of Futher-
kill, of the lands of Eddirdagonat, in the earldom of Athol and
shire of Perth, which belonged heritably to Silvester of Rettre
of that Ilk, and had been resigned by him into the granter's
hands : To be held by the said John Stewart and his heirs of
the said Earl and his successors in feu and heritage, for render-
ing the services due and wont, with the common suit at the
Earl’s Court. Dated 24th February 1465,
15. Charter by Alexander Earl of Huntle and Lord of Badzenoch, in
favour of Alexander Stewart of Granetuly, and Matilda Stewart,
his spouse, and the longer liver of them, of the said lands of Ban-
chry, in the barony or lordship of Tulibody and shire of Clak-
mannan, which belonged heritably to the said Alexander, and had
been resigned by him into the hands of the granter: To be held
by the said Alexander and Matilda, and the longer liver of them,
and the lawful heirs of their bodies, of the granter and his heirs in
feu, for rendering the service due and wont. Dated 26th July 1468,
16. Letter of Procuratory by the said Alexander Stewart, appointing
David Guthre of that Ilk, and others, his procurators for resigning
into the hands of the King the lands of Garntuly, Kiltuly, Aber-
schaldy, and Carnbow, in the shire of Perth; and his resignation
of the same. Dated at Garntuly, 4th July 1470,
17. Notarial Copy, under the hand of Thomas Kyer, notary public (dated
9th July 1494) of a charter by King James III., to John Stewart,
Page
17
18
2
2
20.4%
ABSTRACT OF THE [1481.
son and apparent heir of the said Alexander Stewart of Garntuly,
of the said lands of Kyltuly, Aberschaldy, and Garntuly, in the
shire of Perth, and the lands of Carnbow, in the earldom of
Stratherne and shire foresaid, which belonged heritably to the said
Alexander Stewart and Matilda, his spouse, and had been resigned
by them : To be held by the said John Stewart and his heirs of
the Crown in feu and heritage, under reservation of the frank
tenement of the said lands of Kyltuly and Aberschaldy, to the said
Alexander and Matilda, and other conditions therein specified.
Dated at Perth, 5th July 1470,
18. Precept from the Chancery of King James III., for infefting the said
John Stewart, as heir foresaid, in the said lands of Kiltuly, Aber-
schaldy, Garntuly, and Carnbow. Tated 5th July 1470,
19. Extract under the hand of John Hay of Easter Kennet, Clerk of
Council, of a charter by King James III., in favour of Alexander
Abercromby, lawful carnal son (‘legittimo filio carnali,) of Robert
Abercromby of that Ilk, of the said lands of the barony of Murthlie
and lands of Abercromby, in the shires of Perth and Fife re-
spectively, which belonged to the said Robert heritably, and had
been resigned by him into the hands of the King: To be held of
the Crown in feu and heritage, for rendering the services due and
wont. Dated at Edinburgh, 20th February 1480,
20. Instrument of Sasine, proceeding upon a precept from the chancery
of King James III., in favour of the said Alexander Abircrumby,
of the said lands and barony of Murthly. Dated 30th April 1481,
Page
2
6
2
7
29
1494.] GRA WDTULLY CHARTERS.
21. Letters of Legitimation, under the Great Seal of King James IV., in
favour of James Stewart, natural son of James Stewart, Earl of
Buchan, declaring the said James capable of disposing of his lands,
tenements, annualrents, and possessions, and also qualified to enjoy
dignities, honours, offices, and privileges, as if he had been born in
lawful wedlock. Dated at Edinburgh, 20th February 1488,
22. Instrument of Sasine, proceeding upon a brieve from the Chancery
of King James IV., in favour of Thomas Steuart of Garntuly, son
and heir of Alexander Steuart, of the lands of Bankory, in the
lordship of Tulibody and shire of Clackmannan. Dated at
Bankory, 13th March 1488,
23. Charter by King James IV. to Thomas Stewart of Garntulith, and
Agnes Murray, his spouse, in conjunct fee, of the lands of Garn-
tulith, in the lordship of Appin and shire of Perth, which belonged
to the said Thomas heritably, and had been resigned by him : To
be held by the said Thomas Stewart and Agnes his spouse, and the
heirs lawfully procreated between them ; whom failing, by the
nearest heirs of the said Thomas whomsoever, in feu and heritage,
for rendering to the Crown the rights and services due and wont.
Given under the Great Seal, and dated at Edinburgh 2d July 1494,
24. Instrument of Sasine, proceeding upon a precept from the Chancery
of King James TV., in favour of the said Thomas Stewart and
Agnes Murray, his spouse, in conjunct fee, of the said lands of
Grantully. Dated at the principal messuage of the lands of Gran–
tully, 21st July 1494,
31
34
36
2 D*
206%
ABSTRACT OF THE [1494.
public, of (1) a Notarial Instrument on the appointment, by
letters—patent from King James IV., of Sir William Murray of
Tulybardin, Knight, and Andrew Wod of Overblairtoun, as attor-
neys for receiving sasine from his Majesty of the lands of Garn–
tulyth, in favour of Thomas Stewart and Agnes Murray, his
spouse, which was dated 2d July 1494; and (2) of the Instrument
of Sasine given in terms of the said letters [as in No. 24, Supra].
The Transumpt is dated at Perth 10th December 1528,
26. Notarial Instrument on the Interruption and Cassation by Alex-
ander Stewart, brother-german of the deceased Thomas Stewart of
Grantuly, of the Sasine given by Alexander Derenoch (the King's
bailie in that part, as he alleged) to one Michael Murray, as attor–
ney of the said Thomas Stewart and Agnes Murray, his spouse,
of the said lands of Garntuly, in the abthanery of Dull. Dated
22d August 1494,
27. Notarial Instrument on the Protest taken by the said Alexander
Stewart, on the refusal by Neil Stewart of Fordergill to accede to
his request to grant him a charter of taillie of the lands of Gartolie
and others, to the effect that the said refusal should not prejudice
him or his heirs. Dated 2d October 1494,
28. Instrument on the Sasine given by one of the Mairs of the shire of
Perth, to Patrick Scott, attorney of Elizabeth Stewart, daughter and
heir of the said deceased Thomas Stewart of Garnetully, with consent
of Agnes Murray, her mother, of the said lands of Garnetully in
feu, and of 4 merk, lands of old extent, with the principal messuage
Page
25. Notarial Transumpt under the hand of Andrew Blinsele, notary
39
41
43
1516.] GRANDTULLY CHARTERS.
2
()
7
- o --- - - - - - - - - - - --- - - Page
of Garnetully in feu and frank tenement. Dated at Garnetully,
12th January 1494, . º º e º º e . 44
29. Letters by Cardinal Ludovic, Penitentiary of Pope Julius II., for
dispensing with the impediments to the marriage between Alex–
ander Stewart and Margaret Murray, who were related to each
other in the double fourth degrees of consanguinity and of affinity.
Given at Rome, at St. Peter's, under the seal of the Office of
Penitentiary, 23d June 1507, e * e tº e . 45
30. Instrument of Sasine, in virtue of a precept by William Lord Ruth-
ven, Sheriff of Perth, proceeding upon a brieve from the Chancery
of King James V., in favour of Andrew Rettray, as heir of Silvester
Rettre of Balnacard, his father, of the lands of Balnacard, in the
shire of Perth. The precept directs that security be taken for
25 shillings, as one half-year's mail of the said lands, and 2
silver pennies for the duplication of the blench farm due to the
Crown. Done at the principal house of the town of Balnacard,
19th April 1514, º s * tº º © * . 46
31. Instrument of Sasine, in virtue of a precept by William Murray of
Tulibardin, Knight, Steward of Stratherne, proceeding upon a
brieve from the Chancery of King James V., in favour of the
foresaid Elizabeth Stuart, daughter of the deceased Thomas Stuart
of Garnetuly, of the lands of Carnebostuart, in the stewartry of
Stratherne and shire of Perth. Dated 22d April 1516, e . 48
32. Notarial Instrument on the Revocation by the said Elizabeth
Steuart, Lady of Grantully, before the Official of St. Andrews, of
20.8%
ABSTRA CT OF THE [1525.
an alienation made by her to Sir William Murray of Tulibardin,
Knight, and one William Murray, a chaplain, at the command of
the former, while forcibly detained within his place of Tulibardin,
of her lands of Carnbo, in the shire of Perth, and her lands of Ban-
quhory, in the shire of Clackmannan. Done in the University church
of St. John the Evangelist, at St. Andrews, 1st September 1517,
33. Notarial Instrument on the Intimation by the said Elizabeth Stewart,
Lady of Grantully, to Sir William Murray, chaplain, residing in
Stirling, of the said revocation and cassation of the alienation
made by her to him under compulsion by Sir William Murray of
Tulibardin, Knight, her uncle, of the said lands of Carnboy. Done
within the burgh of Stirling, 17th September 1517,
34. Instrument of Sasine, proceeding on a precept by the said Elizabeth
Stuart of Garnetully, with consent of Agnes Murray, her mother,
conjunct fiar thereof, in favour of Alexander Stuart, brother-
german of the deceased Thomas Stuart of Garnetully, of the lands -
of Obbirfeally, in the lordship of Appin and shire of Perth.
Dated 5th July 1525,
35. Letters of Procuratory by the said Elizabeth Stuart, Lady of Garne-
tully, appointing her procurators for resigning in the hands of
King James W., as superior, her lands of Garnetully, Kyiltoly, and
Obbrefeally, with the mill and fishing thereof, in the stewartry of
Appin Dow and shire of Perth, which were held of the Crown in
chief, for new infeftment thereof to be given to the said Alexander
Stuart. Dated at Tulibardin, 15th March 1525,
Page
51
53
54
57
1526.] G. R.A.VDTULLY CHARTERS.
209%
forementioned resignation, in favour of the said Alexander Stewart,
of the said lands of Garntuly, Kyltoly, and Obbrefrally, with the
mill and fishing thereof, in the stewartry of Appindow and shire
of Perth : To be held of the Crown in feu and heritage, for render-
ing the rights and services due and wont, under reservation of the
said Elizabeth's liferent of the whole lands, mill, and fishing.
Dated at Edinburgh, 28th April 1526,
37. Letters of Regress, under the Privy Seal of King James V., whereby,
on the narrative that Alexander Stewart of Garntuly had sold to
Patrick Buttir of Gormok and Janet Gordon, his spouse, in con-
junct fee, his lands of Abirfealdy, in the lordship of Garntuly and
shire of Perth, under reversion, his Majesty, for the good and faith-
ful and gratuitous service rendered to him by the said Alexander,
grants to him and his heirs regress to the said lands, whenever the
sum contained in the reversion should be paid to the said Patrick
and Janet, his spouse, and their heirs. Dated at Edinburgh, 14th
May 1526, .
38. Notarial Instrument, narrating the discharge by Archibald Campbell
of Skyppinche, in favour of the said Alexander Stewart of Garntulie,
for 700 merks Scots, ordained by a decreet-arbitral to be paid to
the said Archibald for renouncing the claim he had through Eliza–
beth Stewart, his spouse, to the said lands of Garntulie, and
the formal renunciation by him of his right to the said lands.
The Discharge and Instrument are both dated at Perth, 1st June
Page
36. Charter by King James V., under the Great Seal, proceeding on the
58
60
1526,
21.0% ABSTRACT OF THE
[1532.
39. Instrument of Sasine, proceeding upon a precept from the Chancery
of King James V., directed to the Sheriff of Perth and his bailies,
in favour of Alexander Abircrumby, as heir of his father, Thomas
Abircrumby of Mowrthtlie, of the lands and barony of Mowrthtlie.
The precept directs security to be taken for £724 of the farms of
the said barony during the nine years the lands had been in the
hands of the Crown by reason of ward. Dated 12th May 1529,
40. Letters of Inquest and Conjunction, whereby the lands of Pette-
quharne, Caltulyth, and Abbyrfeldy are found and declared to be
pertinents of the lands of Garntulie. Dated at Garntulie, 5th
July 1529,
41. Charter by Elizabeth Stuart, Lady of Garntulye, to Thomas Stuart,
son and apparent heir of Alexander Stuart of Garntulye, and to
his heirs, on account of the affection she has for him, and his ser–
vices to her, of the lands of Carneboy Stuart, presently occupied by
George Newying : To be held for rendering to the King the service
of ward and relief, with the Services and burdens used and wont.
Dated 4th June 1532, .
42. Notarial Instrument, recording Sasine given by Alexander Steuart
of Garntulye, from devotion and with the view of promoting divine
worship, with consent of Thomas, his eldest son and apparent heir,
of the lands of Croftdawe, part of Garntulye, in terms of a charter
to be made, (No. 43) to Alexander Young, sub-prior of St. Andrews,
as representing the curate who is to officiate at the chapel built
near the manor-place of Petquharne, and to be consecrated to God,
Page
65
67
1538.] GRA VDT' U L L Y CHARTER,S. 211%
the Virgin Mary, St. Andrew the Apostle, St. Adamnanus and St.
Beanus. Dated 9th May 1533,
7
2
43. Notarial Transumpt of Charter by the said Alexander Stewart of Garn–
tulye, with consent of the said Thomas, his eldest son and heir,
granting to God, St. Mary, St. Andrew the Apostle, St. Adamnanus,
and St. Beanus, confessors, and to a chaplain, who was to be a suitable
curate, personally residing and celebrating divine worship and the
sacraments irreproachably in the Church of St. Mary of Grantulye,
the said land of Croftdawe, in the barony of Grantulye, extending
to 240 ells from east to west, and to as many from north to south,
with rights of pasturage and of cutting turf and peats in the whole
barony of Garntulie for himself and his three servants: To be held
for prayers to be made by the said chaplain for the universal
Church, the prosperity of King James W. and his kingdom, the
granter's own soul, and the souls of certain of his relatives, etc.
Dated at Petquharne, 3d June 1533, . e º • . 73
44. Procuratory by Alexander Stewart of Garntulie, for resigning into
the hands of the King, as superior, his right to the lands of Garn–
tulie, Kiltulle, Tullochcrosk, and Pettoquharne, in the county of
Perth, in favour of Thomas Stewart, his eldest son and apparent
heir, for a charter and infeftment thereof under the Great Seal to
be given to the same, under reservation to the said Alexander, of
his free tenement during life of the foresaid lands. 1st March 1538,
7
5
45. Charter by King James V. under the Great Seal, to Thomas Stewart,
son and apparent heir of Alexander Stewart of Garntulie, and his
heirs-male whomsoever, of the lands of Garntulie, Kiltulie, Tulloch–
21.2%
ABSTRACT OF THE [1540.
crosk, and Pittoquharne, which had been resigned into the King's
hands by the said Alexander, and which the King also now erected
into a free barony, to be called the barony of Garntulie, with the
manor-place of Garntulie as the principal messuage thereof, the
grantee rendering to the King and his successors the services due
and wont ; the said Alexander, however, reserving to himself the
free tenement of the said lands during his lifetime. Dated 14th
March 1538,
46. Charter by Walter Zoung, chaplain of the altar and perpetual chap-
lainry of St. Michael, in the diocese of Dunkeld, with consent of
George, Bishop of Dunkeld, and the Canons and Chapter of the
same, to Thomas Lindesay and Margaret Cochrane, his wife, and
the longest liver of them, in conjunct infeftment, and to the heirs-
male procreated betwixt them; whom failing, to the eldest of
the female heirs procreated betwixt them ; whom failing, to the
lawful heirs-male of the said Thomas whomsoever; whom failing,
to the eldest of his heirs-female whomsoever, without division,
of all the lands of Wester Balnagard which the granter then
occupied, in Perthshire, extending annually to a rental of 50s.
Scots, one boll of barley, and one of Oats, and one cowdeich, if
asked only : To be held in feu and heritage for ever, for a rent
of £3, 10s. Scots, one boll of barley, and one of oats, and one
cowdeich, if asked, with three suits at the three capital pleas on
the lands of Tulipowre. Dated 25th July 1540,
47. Letters by Cardinal Antonius, Penitentiary of Pope Paul III., author-
izing the Precentor, Archdeacon, and John Meldrum, Canon of
Page
7
7
80
1541.] GRA VDTULLY CHARTERS.
Brechin, after summoning Walter Zoung, chaplain of St. Michael
of Dunkeld, George, Bishop of Dunkeld, or his successor, and
Chapter thereof, to attend for the purpose, to confirm the feu-
charter, (No. 46) granted by the said Walter to Thomas Lyndesay
and Margaret Cochran, of the lands of Wester Ballyngard, if on
inquiry they found such charter to be for the advantage of the
said chaplainry. Dated at St. Peter's, Rome, 21st September 1540,
48. Letters by Cardinal Antonius, authorizing the Prior of the Monas-
tery of Pettynweym, the Dean of Lesmore, and the Archdeacon of
Ross, to confirm a charter granted by Alexander Erskyn, sub-dean
of Dunkeld, with the consent of George, Bishop of Dunkeld, and
the Dean and Chapter of the said diocese, of the lands of Slogyn-
hoile and Colrau, and the part of the ground of the said sub-dean
immediately adjoining the manor of Alexander Abercrummy of
Murthlie, with the rectorage and vicarage teinds, the fishings
of the said lands on the river Tay, and rights of pasturage in the
84
moor of Forne, to the said Alexander Abercrummy, and the heirs—
male of his body; whom failing, to the eldest of his heirs-female
without division: To be held in feu and heritage for ever, for an
annual rent of 24 merks, or about £3 sterling, and attendance at
three courts to be held annually in the lands of the subdeanery of
Dunkeld; the confirmation of the charter, however, depending on
the condition of its being found, on inquiry, to be for the interest
of the subdeanery. Dated at St. Peter's, Rome, 4th October 1541,
49. Letters of Regress by Queen Mary, addressed to the Sheriff of Perth
and his bailies, commanding them to give Sasine of the lands of
88
2 E*
2 || 4% ABSTRACT OF THE [l
545.
Abirfaldy to William Stewart, son and heir-apparent of Thomas
Stewart of Garntuly, which lands had been sold under reversion
by his grandfather, Alexander Stewart of Garntuly, to the late
Patrick Buttir of Gormok, and had been redeemed by the said
William Stewart from John Buttir of Gormok, nephew of the said
Patrick. Dated 11th September 1545,
50. Procuratory of Resignation by William Stewart, son and apparent
heir of Thomas Stewart of Garrintulye, appointing procurators for
resigning into the hands of Queen Mary and James Earl of Arran,
Regent, his lands of Abirfaldy, in the barony of Garrintulye, for new
infeftment to be made to himself and Margaret Abircrummy, his
spouse, conjunctly, and to the heirs-male and of tailzie lawfully
procreated, or to be procreated betwixt them ; whom failing, to his
heirs-male and of tailzie whomsoever; the said lands, however,
always to remain a part and pendicle of the barony of Garrintulye.
Dated 13 December 1545,
51. Charter by Queen Mary to William Stewart, son and apparent heir
of Thomas Stewart of Garntulie and Margaret Abircrummy, his
spouse, and the longest liver of them, in conjunct fee, and to the
heirs-male lawfully procreated, or to be procreated betwixt them ;
whom failing, to the nearest heirs-male of the said William whom—
soever, of the lands of Abirfauldy in the barony of Garntulie, but
without prejudice to the entail of that barony: To be held for
rendering the services due and wont. Dated 2d January 1545,
52. Charter by Queen Mary to William Stewart, son and apparent heir
Page
93
95
1552.] G|RANDTULLY CHARTERS.
21.5%
of Thomas Stewart of Grantulle, and his heirs-male, of the lands
of Grantulle, within Appin of Dull, and shire of Perth, which had
been resigned by the said Thomas Stewart into the Queen's hands
for new infeftment : To be held, according to the charter of entail
by the granter's father, for rendering the services due and wont,
under reservation, however, of the free tenement of the said lands
of Grantulle to the said Thomas, during his life, and of the liferent
of the lands of Tullochcrosc and Pettoquharne, with a terce of the
whole residue of the lands of Grantulle to Margaret Murray, his
spouse, in the event of his death. Dated 14th May 1546,
53. Charter by Queen Mary to William Stewart, son and apparent heir
of Thomas Stewart of Grantuly and Isabella Stewart, his wife, in
conjunct fee, and to the longest liver of them, of the lands of Abir–
feldy, which had been resigned by the said William : To be held
by the said grantees and the heirs-male lawfully procreated, or to
be procreated betwixt them ; whom failing, the male heirs whom—
soever of the said William, for rendering the rights and services
due and wont. Dated 22d April 1552,
54. Charter by Robert, Bishop of - Dunkeld, with consent of the Dean,
Chapter, and Canons thereof, of the lands of Eister Inschewin or
Dalpowie, with the fishing in the Tay, in the Garthpuile, and
Trourquheis, with the wood in Birnen called the Reinge, in the
barony of Dunkeld and shire of Perth, to Alexander Abercrumbie
of that Ilk, and his heirs whomsoever : To be held in feu for ever,
for rendering £4 Scots yearly, and 6s. 8d. in yearly augmentation,
with duplication of feu on the first year's entry of heirs. The
Page
97
99
21.6% ABSTRACT OF THE [1610.
Page
charter contains a precept of Sasine in favour of the said Alexander.
Dated 13th and 16th January 1584, - e e e ... 102
55. Bond of Manrent by Archibald seventh Earl of Argyle, Justice-
General of Scotland, to Sir Thomas Stewart of Grantully, Knight.
Dated 5th April 1603, - e º e de tº ... 106
56. Obligation by Robert Gryce, Groom of the Privy Chamber of King
James VI, to pay to Sir William Stewart, apparent of Grantully,
Gentleman of the Privy Chamber, the sum of £20 sterling, within
forty-eight hours after such time as the King should visit his
Palace of Falkland. Dated 30th December 1603, . º ... 107
57. Licence by the bailies, council, and community of Dunkeld, to Sir
William Steuart of Banchrie, Knight, Gentleman of the Privy
Chamber, to build a house and dike upon that part of the Common
Gate of Dunkeld, having the kirkyard dike on the north, the wynd
from the kirk porch to the Auld Brig on the west, and Sir William's
own tenement called the mains of Ferne on the south, providing
always that, when the Cathedral is repaired, and the kirkyard dike
upholden, the said bailies, council, and community may, on 60
days' notice to Sir William, insist on his taking the house down
again. Dated 12th March 1606, . e º º & ... 108
58. Bond of Manrent by Archibald seventh Earl of Argyll, Justice-
General of Scotland, to Sir William Stewart, fiar of Grantully,
Gentleman of his Majesty's Privy Chamber. Dated 13th June 1610, 109
59. Bond of Manrent by Alexander Flemyng of Mones to Sir William
1628.] GPA. WDTULLY CHA R7"E.I.P.S. 2 7%
Steuart of Grantullie, Knight, his heirs and successors, lairds of
Grantullie. Dated 28th December 1611, e © e . 111
60. Inscription on the House of Cromartie, by Sir Thomas Urquhart, con-
cerning his great-great-grandfather, Thomas Urquhart, Baron and
hereditary Sheriff of Cromartie, recording how his spouse, Lady
Helen Abernethy, daughter of Lord Salton, bore to him twenty-
five sons and eleven daughters, who were all handsomely provided
for, and respectably settled in life, without the family estates being
thereby burdened. Dated 25th August 1646, . º º . 113
61. Agreement between Lieutenant-Colonel John Innes and Sir Thomas
Stewart of Grantully, whereby the former engages to give Sir
Thomas the best beaver hat and band of gold in Edinburgh, pro-
vided he does not drink more than a certain quantity of ale and
aquavitae in a stated period, with certain corresponding obligations
on Sir Thomas's part. Dated 3d May 1647, . sº e . 114
62. Order by General David Leslie, commanding all officers and soldiers
under his command not to exact more than £160 Scots for every
horseman, and £40 for every foot soldier from heritors. Dated 7th
November 1648, . º -> º e e º e . 115
63. Patent by King Charles I, conferring on Sir John Stewart of Tra-
quair, Knight, and his heirs-male, the title of Lord Stewart of
Traquair. Dated 19th April 1628, e & º o , 115
64. Extract Act of the Lords of the Privy Council, whereby, on produc-
tion of a Patent of Nobility, (No. 63) the Lords received and
21.8% ABSTRA CT OF THE GRAWD7'ULLY CHARTERS. [1683.
admitted Lord Stewart of Traquair as a Baron and Lord of Parlia–
ment, and ordered the said patent to be registered in the Books
of Privy Council. Dated 8th July 1628,
65. Patent by King Charles I., conferring on John Lord Stewart of Tra-
quair, Deputy-Treasurer of Scotland, and his heirs-male, the title
of Earl of Traquair, and Lord of Lyntoun and Caberstoun, in con-
sideration of his public services, his zeal in the discharge of the
duties of his office, and more particularly his judicious prepara-
tions and provision for the reception and entertainment of the
King on the occasion of his visit to his kingdom of Scotland.
Dated 23d June 1633, .
66. Extract Act of Privy Council, recording how the King did deliver,
with his own royal hand, to Lord Traquair, the preceding Patent,
(No. 65) creating him Earl of Traquair, Lord of Lyntoun and
Caberstoun, for the causes and considerations therein specified.
Dated 4th July 1633,
67. Extract from the Register of the Lyon Office, under the seal of
Sir Charles Araskine of Cambo, Baronet, Lyon King of Arms,
describing the blazoning of the Coat-armorial of Charles Earl of
Traquair. Dated 20th September 1673, .
68. Diploma by King Charles II., conferring on Thomas Stewart of
Blair, one of the Senators of the College of Justice, and his heirs-
male, the title of Baronet. Dated 2d June 1683,
Page
117
| | 8
123
21.9%
ABSTRACT OF THE CHARTERS IN THE APPENDIX.
LOGY CHARTERS, AS PRINTED PAGES 125°-180*.
69%. Charter by Malise Earl of Stratherne, son of the deceased Sir Malise
Earl of Stratherne, to Sir Malise of Logy, son of the deceased Sir
Malise, steward of Stratherne, for his homage and service, of the
granter's whole lands of Cultenacloche, Garfene, and Kypeny,
with Corecase in Glennamone: To be held of the granter and
his heirs in feu and heritage for rendering the Scottish mili–
tary service, and the common aid to the King pertaining to the
foresaid lands; also a pair of gloves or a penny at Pasch, yearly,
for all secular service, without any manner of suit of court to the
granter or his heirs at any time. Witnesses—Alexander Comyne,
Earl of Buchane, Justiciar of Scotland, Fergus Comyne, his brother,
Malcolm of Moray, Sheriff of Perth, knights, and others—[c. 1260],
70*. Charter by Murdoch Earl of Menteth to Robert of Logi, son of the
deceased Malise of Logy, for his homage and service, of the whole
lands of Easter Broculli in Menteth : To be held by the said Robert
of Logi and his heirs of the granter and his heirs in feu and heri-
tage, for rendering the King's forinsec service pertaining to the
said lands, and three suits yearly at the three head pleas of the
earldom of Menteth, for all other secular service, etc., which
could be required by the granter, or his heirs in time to come.
Page
12.5%
2.20 *
ABSTRACT OF THE LOGY CHARTERS. [1344.
Witnesses—Sir John of Mentethe, Sir William of Mushet, Sir
Walter of Mentethe, knights, and others—[c. 1330], .
71*. Precept of Sasine by King David II. to the Sheriff of Perth and his
bailies, narrating that, on the surrender of St. Johnstown of Perth
to Robert Steward of Scotland, the King's lieutenant, and other
nobles of the kingdom who were with him at the said siege,
among other conditions made, granted, confirmed, and corrobor-
ated by the seals of all of them for the common good of the
realm, to those who held the said town against the King in the
war, the lands of Stratgartenay with the pertinents were granted
to John of Logy, Son of the deceased John of Logy, by common
consent, under the security foresaid, to be possessed by the said
John of Logy, the Son, according to the same tenure as his said
father held the same, and enjoining the sheriff to give the grantee
Sasine of the said lands, notwithstanding that John of Menteth,
knight, the King's cousin, then occupied them. Dated at Dun-
fermline, 17th September [1344],
72%. Charter by Robert Steward of Scotland and Earl of Stratherne,
with consent of Eufemia, his spouse, to John of Logy, lord of that
Ilk, of the following lands in the earldom of Stratherne, namely,
the manor-place of Foulys, the dominical lands of Foulys, with
the pertinents, Gask, Cristkynkell, Buchnyn, Letirbonachtyn,
Lekog, Dromfyne, the tofts Dromy, Fauchalathyn, Petlandyn,
Formoucht, Creef Easter, mills of Foulys and of Melach, with their
pertinents, in the shire of Perth : To be held by the said John
and his heirs and his assignees of the granter and his heirs in
Page
12.6%
---
i
1366.] IN THE APPENDIX. 22.1%
feu and heritage, for payment yearly of a penny of silver at
Foulys, at Whitsunday, in name of blench farm, if asked only, for
all wards, reliefs, marriages, suits of courts, and other services
which could be required by the granter or his heirs at any time.
Witnesses—John Stewart, Lord of Kyle, Sir John Stewart, the
granter's brother, and others. Dated at Perth, 12th May 1365, . 128*

73*. Declaration by Bartholomew of Lone, knight, laird of Balbougale,
and Lady Philippa, his spouse, relative to the marches between
the town called Coultnecloche, in the barony of Logy, and the
lands called Lethyndys, belonging to the said Bartholomew, in the
earldom of Stratherne, to the effect that Socoth, between the river
of Erregi and the river of Telleny, is one of the just pertinents of
the said land of Coultnecloche, and that Corrergy also belongs,
not to Lethyndyis, but to Coultnecloche. Dated [c. 1365], . 130°
74*. Charter by King David II., granting of new to John of Logy, son
and heir of the deceased John of Logy, knight, the lands of Logy,
with their pertinents, in the earldom of Stratherne, which lands
had been resigned by the said John, the grantee, into the hands of
Robert the Steward of Scotland, Earl of Stratherne, the King's
nephew, at Edinburgh, and afterwards at Scone: To be held by
the said John and his heirs of the King and his heirs in feu and
heritage, in free barony and free regality, for payment of a penny
of silver at Whitsunday yearly, at the chief mansion of Logy, if
asked only, in name of blench farm, for all wards, reliefs, mar-
riages, suits of courts, and others that could be required from the
said barony. Dated at Scone, in the full Parliament held there,
on 26th July [1366], . - - -> tº t e . 1313;
2 Fº
ABSTRACT OF THE LOGY CHARTERS [1368.
7
7
:}:
-> -----,++---...--za-rº-ºrºcas -ºs.ºx-------- - - - - - - - - -----> -------- -
Assent of Alexander of Kyninmund, Bishop of Aberdeen; Alex-
ander Barr, Bishop of Moray; Patrick of Leuchars, Bishop of
Brechin; Alexander Bishop of Ross, Thomas Earl of Marr,
William Earl of Douglas, and others, Peers of Scotland, to the
grant made by King David II., in the said full Parliament held
at Scone, to the said John of Logy, of that Ilk, of his lands in
Annandale, which were granted as freely and fully in all respects
as King Robert II. had formerly granted the said lands to Sir
Thomas Randolph, Earl of Moray. Dated 26th July 1366,
. Charter by King David II., under the testimony of the Great Seal, to
the said John of Logy, son of the deceased John of Logy, knight,
for his faithful service rendered to the King, of his Majesty's
lands of Logy, in the shire of Perth, which lands had been
resigned into the King's hands by Robert the Steward of Scot-
land, Earl of Stratherne, in the Castle of Edinburgh, on 20th July
1367: To be held by the said John and his heirs and assignees
of the King and his heirs in feu and heritage, in free barony for
ever, with the homage and services of free tenants, and whole
pertinents of the said lands, for payment of a penny of silver
yearly, at the manor-place of Logy, on the Feast of St. John the
Baptist, in name of blench farm, if asked only, for wards, reliefs,
marriages, suits of court, and all other secular services whatsoever
exigible from the said lands. Witnesses—William Landale, Bishop
of St. Andrews; Alexander Kyninmund, Bishop of Aberdeen, and
Page
, 132*
others. Dated at Edinburgh, 26th July 1368, . º º . 134*
. Charter by Isabella Countess of Fife, to the said John of Logy, lord
==== -> x_*: -., - --- * * --- *** * * * -----, ** Tr:# =::------------------ - - - - - , ~s ---. - - - - - - ....e........ssa; sº. '...' … :ºr---ºr rºw-ºra"ºw 4.3 ° “*”-s- ºne-----, -, wº. "... - - --~~~~~ - : *-* : *- : * ~ * * * *, * * *-* . . ... -- . . . . - . .-- - - - - ,
1377.] IW THE APPENDIX.
22.3%
of that Ilk, for his counsel and assistance rendered to her, of her
whole land of Lanyne, in the shire of Edinburgh : To be held by
the said John and his heirs and assignees of the granter and her
heirs, in feu and heritage for ever, for rendering to them yearly a
pair of white gloves, in name of blench farm, at the town of
Lanyne, on the Feast of St. John the Baptist, if asked only, and for
payment of an annual rent of twenty merks to William of St.
Clair, Lord of Roslyne, and his heirs, for all other secular services
exigible for the said lands. Dated [c. 1370],
8*. Certification by Alexander Kyninmund, Bishop of Aberdeen, that
he was personally present, with the other prelates and nobles of
the kingdom, when King David II., in the full Parliament held at
Scone, on 26th July 1366, with consent of the said Parliament,
granted, of his special favour, to the said John of Logy, lord of that
Ilk, divers lands and possessions, so that it would not be in the
power of the Crown, or others, to revoke the Same ; and that he,
the said Alexander, along with the other members of the said
Parliament, ratified the said grant. Dated at the Chanonry of
Aberdeen, 29th July 1377,
9*. Indenture by Andrew Mercer, Lord of Mekylhour, on the agreement
between Sir Robert Stewart, Earl of Fife and Menteth, and the said
John of Logy, Squire, son and heir of the deceased Sir John of Logy,
knight, bearing that the said Earl and John of Logy had referred
to him the settlement of all the debate and question that was
between them relative to the lands of Logy and Stragartnay, and
had bound themselves to abide by his decision; that the said Sir
, 13.5%
. 137°
Page
ABSTRACT OF THE LOGY CHARTERS [1387.
Robert and John afterwards revealed and affirmed the said arrange-
ment in presence of King Robert II. and John Earl of Carrick, his
eldest son, and others; and that the said Andrew Mercer, having
a view to justice, prevailed on the said Sir Robert Stewart freely
to give up and deliver to the said John of Logy all the said lands
of Logy and Stragartnay, which Sir Robert did with “staff and
stick.” Dated Monday before Whitsunday [15th May] 1385,
80%. Charter by King Robert II., confirming a charter dated 26th July
1368 (No. 76,” supra), by King David II., to John of Logy, of the
said lands of Logy. This charter of confirmation is dated at Kil-
wynin, 6th October [1387],
81*. Precept by King Robert II. to the sheriff of Perth and his bailies,
for reinstating and infefting the said John of Logy in the whole
lands of Logy and Stragartnay, as his just and right heritage,
and justly and lawfully adjudged to him, and for giving him sasine
of the said lands upon the ground of the same. Given under the
testimony of the Great Seal, 8th June [1387], .
82*. Certification by Walter Stewart of Raylistoun, Sheriff of Perth,
that in terms of the preceding mandate from King Robert II.,
under the Great Seal, he had, in presence of the King and several
nobles, reinstated the said John of Logy in the lands of Logy, in
the shire of Perth, as freely as he ever possessed the said lands at
any time. Sealed with the granter's seal, and dated at Logy, 4th
Page
. 138%
. 140%
. 14.1%
July 1387, e e º e e º - - . 14.2%
83%. Letters by Robert Earl of Fife and Menteth, directed to the inha-
* ----a-ºº:
1396.] IV THE APPENDIX.
gº-ºººººº."
bitants of the said lands of Stragartnay, intimating that although he
had formerly charged them not to yield obedience to John of Logy,
their lord, yet, having fully considered the claim of the said John
to the lands of Stragartnay, he now admitted the justness of the
same; and charging them to yield obedience to him as the lawful
lord of the said lands. Given under the granter's seal at Perth,
22d March 1390,
84%. Certification by Murdoch Stewart, Lord of Apthane, Justiciar on
the north side of the Forth, that in a full Court of Justiciary held
in the Town-Hall of Perth, two men named Donald Schethsoun and
Neven Donaldsoun, who had been indicted and arrested by the
coroner, and who were claimed by the said John of Logy, lord
of that Ilk, as persons dwelling on his lands (in evidence of which
fact he produced the Charters Nos. 76% and 80*, supra) were
transferred to the jurisdiction of the court of the regality of Logy.
Dated 20th May 1392,
85%. Certification by Walter of Tolach, Chamberlain-Depute on the
north side of the Forth, that in a full Chamberlain Court held in
the Town–Hall of Perth, John of Logy, lord of that Ilk, appeared,
and claimed as belonging to his lands of Logy, four prisoners who
had been arrested for the purpose of being tried in the said court,
and that, in consequence of the statement made by the said John,
the said prisoners were handed over to him for trial at the court
14.2%
. 14.3%
of the regality of Logy. Dated 13th April 1396, . e . 144*
86%. Charter of Confirmation by King Robert III. to the said John of
ABSTRACT OF THE LOGY CHARTERS [1396.
§:--: , " ...". --- - --~~~~ =*.sa.---ºr:--º ºr ºr--rzºr-sº x-rººt-
Logy, of a charter granted to him by King David II., of the said
lands of Logy, and of a confirmation of the same charter by King
Robert II. (vide Nos. 76% and 80°, supra) with an additional grant
by King Robert III., to the said John and his heirs and assignees
of the said lands in free warren, and prohibiting any one from
cutting, hawking, hunting, or fishing on the same, without the
special permission of the said John or his heirs or assignees,
under the penalty of a fine of £10 sterling, to be paid to
the said John or his foresaids; and empowering them to arrest
and try at the court of the lands of Logy all who should hunt,
hawk, or fish thereon without such special permission, and to con-
fine them there until they should fully satisfy the said John or
his heirs or assignees of damages as well as of the said fine of
£10. This charter also grants to the Said John and his heirs or
assignees the fishing on the Amond, belonging to the King, on
both sides of the river, with the same full powers to punish tres-
passers. The confirmation is dated at Perth, 30th April [1396],
87*. Certification by William of Rothfen, Sheriff of Perth, that a
prisoner who had been apprehended for reset of theft, by John of
Morton, mair of the west part of the shire of Perth, had been
transferred to the jurisdiction of the regality court of Logy, upon
the application, of John of Logy, of that Ilk, who claimed the
prisoner as dwelling on his lands of Logy. Dated Perth, 3d
October 1396,
88%. Acknowledgment by William of Rothfen, knight, Sheriff of Perth,
that he had received from John of Logy, of that Ilk, during all
Page
14.5%
*- :::
. 14 7°

1400.] IAW THE APPEN DIV. 227%
---------- --------- ------ . . .e...------------~. --→ ~- ~~~~ : - --~~, cº------ *-* -- - - * ~ *-* -- -=-- --~~~~~----- *** - *-* * *-ne- - - --~~~~ *-* ***...*.*.*.*.*.*.*.*.*…*
... --...- - - - - -...------------, --, --...- : *** ---, - ******** **~~ *** * ** ...----, - …- - - -
i
i
Page
the years that he had held the said office of Sheriff, the blench
farms payable to the Crown from his said lands of Logy. Dated
at Rothfen, 20th August 1400, © e & - e 14.8%
89*. Process of Legitimation before William (Stephen), Bishop of Dun-
blane, as Judge Ordinary to Pope Martin V., of Lionel of Logy,
son of the deceased John of Logy, knight, and of Janet Cardene,
narrating that the said Lionel had petitioned him, in his official
capacity, to dispense justice to him, which petition sets forth that the
deceased John of Logy, his father, contracted a marriage per verba
de present with Janet of Cardene, his mother; and that as the
Petitioner suspected that the question of his legitimacy might be
raised in time to come, and was, in fact, raised by David Ogilby,
who pretended that he was a cousin of the said John of Logy, he
wished the said judge to summon before him the said David Ogilby
and all others having interest, and have the said marriage declared
to be true and lawfully contracted : And that the said judge there-
upon cited the parties to compear before him in the parish church
of Ochterarder, and that the said David Ogilby and Lionel of Logy
having appeared by their procurators, and arguments having been
heard on both sides, the case was adjourned to the parish church
of Perth, where both parties having compeared along with their
procurators, the procurator of the said David Ogilby denied the
statements in the petition, and the said Lionel's procurator pro-
duced articles in support of the facts therein stated. Finally, the
i said judge, after hearing evidence on both sides in the church of
Dunblane, declared as follows:—That the marriage contracted
between the said John of Logy and Janet of Cardene was and is
= ... ... ... . . . ..., - - - - - ---- -...----------------------------" “* * * *****-
. . . . ,----...--, - ---...----...--, --~. - … . . . . . . . . . . ...----- --- r=~ :-...------------------, ---------------------~~~~ ----------------. -- ~~--------- ***.-------------" " - “-- * ** ~ * ~ * ~ * * -

22.8% ABSTRACT OF THE LOGY CHARTERS [1478.
º------ *-*-*.*-i- ºr- cº. 5-a – ºr *-* -- * * : = ~ … c.…r-E--~~~rrºr-------º-º-----re
- - Page
lawful, and that the said Lionel was their lawful son, and was
capable of inheriting their whole heritage, lands and moveables,
goods, etc., and the said David Ogilby was found liable for the
expenses of the process. Dated 13th March 1422, . te 14.8%
90%. Notarial Transumpt (under the hand of Walter Awener, clerk of the
diocese of Dunblane) made by authority of Michael (Ochiltree,)
Bishop-Elect of Dunblane, of the preceding Process of Legitima-
tion in favour of Lionel Logy, son of the deceased John of Logy,
of that Ilk, and of Janet of Cardene, who had contracted a
marriage per verba de presenti. Done in the Parish Church of
Muthil, 10th May 1430, . . . . . . . 157%
91%. Notarial Instrument on the Protest made by Lyon of Logy, that
it was only through force and terror that he had appointed
Laurence Lord Oliphant, Henry Wardlaw of Torry, James Hering,
younger of Lethdy, and others, his procurators, for resigning in
the hands of King James III. the lands of Logy in favour of John
of Logy, his son, and recalling and discharging the said procura-
tors, or any others substituted by them. Done in the Hospicium
of the College at Perth, 13th August 1478, ſº t º . 16.0%
92°. Charter by King James III. to John Logy, Son and apparent heir
of Lyon Logy of Logyalmonde, of the whole lands of the barony
of Logyalmonde in the shire of Perth, which belonged heritably to
the said Lyon Logy, and had been resigned by him into the King's
hands: To be held by the said John Logy and his heirs of the
Crown, for rendering yearly the services due and wont ; under
reservation of the said Lyon's liferent of the said barony, and a
1486.] IN THE A PPENDIX. w 22.9%
93%.
94%.
95%.
96%.
97%.
Page
reasonable terce thereof to Margaret, his wife. Dated at Edin-
burgh, 13th August 1478, . * tº o * . . 16.1%
Precept of Sasine by King James III. to the Sheriff of Perth and
his bailies for infefting the said John Logy in the said lands of
the barony of Logyalmond, in terms of the preceding charter.
Given under the Great Seal, at Edinburgh, 17th October [1478], 163%
Instrument of Sasine, proceeding, upon the foregoing Precept, in
favour of the said John Logy, of the lands of the barony of Logy.
Done at the principal messuage of Logy, 23d October 1478, . 1638;
Notarial Instrument on the refusal of Margaret Oliphant, Lady of
Torry, to resign in favour of Lyon of Logy of Logyalmond certain
leases of lands and other contracts made between them. Done on
the step of the lodging of Laurence Lord Oliphant, in Perth, 16th
November 1483, . * g e º © * * . 16.5%
Instrument of Sasine, proceeding upon a precept from Chancery,
in favour of Margaret Logy of that Ilk, as heir of John Logy,
her brother, of the lands of the barony of Logyalmond. The pre-
cept directed security to be taken for two pennies of silver as the
duplication of the blench farm of the said barony due to the
Crown. Done at the Manor-place of Logy, 19th November 1486, 166*
Confirmation by King James III., of a judgment by the Lords of
Council, in an action pursued before them by Lyon of Logy of that
Ilk, against Margaret Wardlaw, Lady of Torry, for alleged com-
pulsion of the former to resign the lands of Logyalmond into the
King's hands, but which resignation their Lordships sustained, and

2 G*
23.0% ABSTRACT OF THE LOGY CHARTERS [1493.
also the charter and infeftment of the said lands following thereon.
Given under the Great Seal, at Edinburgh, 16th March 1486, tº
98*. Decreet Arbitral pronounced by Laurence Lord Oliphant, Alex-
ander Blair of Balthiock, John of Muncreff of that Ilk, and others,
judges arbitrators, chosen by Lyon of Logy of Logyalmond and
Andrew Cardeny of Foss, for settling the dispute between them
relative to the said Andrew's mill of Cardeny, which had been
destroyed, and the water withdrawn therefrom by the said Lyon of
Logy. I)ated at Perth, 2d November 1488,
99*. Notarial Instrument of Resignation by Margaret Logy, Lady of
Logyalmond, through John Lord Glammis, her procurator, into the
hands of King James IV., of the lands and barony of Logyalmond.
Done in the King's Chamber in the Castle of St. Andrews, 30th
September 1493,
100%. Precept by King James IV. to the Sheriff of Perth and his
bailies for infefting Thomas Hay, son of William Earl of Errol and
Margaret Logy, Lady of Logyalmond, his spouse, in conjunct fee
in the lands of the barony of Logyalmond, which belonged to the
said Margaret heritably, and had been resigned by her into the
King's hands. Given under the testimony of the Great Seal, at
Stirling, 4th October [1493],
101*. Instrument of Sasine, proceeding on the foregoing precept by
King James IV., in favour of Thomas Hay, son of William Earl
of Errol, and Margaret of Logy, his spouse, of the said lands and
barony of Logyalmond. Done at the town of Tuychcloich, as the
principal messuage of the said barony, 22d October 1493,
Page
168%
. 17.0%
17 13:
. 17.3%
. I 74%
1536.] IAW THE APPENDIX.
23.1%
102*. Letters, under the Signet, by King James IV. to the Sheriff of
Perth and his deputes, bearing that the lands of Logy are held by
Thomas Hay of Logy of the Crown in blench farm, and charging
the Sheriff not to poynd or distrain the said Thomas's lands or
goods for alleged arrears of blench farm. Dated at Edinburgh,
Page
15th August 1501,
103* Notarial Instrument on the appointment by Robert Murray,
spouse of Dame Margaret Logy of that Ilk, and others, of George
Hay, son of the said Margaret Logy, as their special deputy, to
recover the price of fifteen unbroken horses and mares, which had
been taken from the territories of Logy and Strabranne in the year
1527, and to do all things necessary in the premises. Done in the
choir of the Collegiate Church of Methven, and the tower of Logy-
almond, 5th and 12th February 1534, . o e e e
104*. Retour of the Special Service, before William Lord Ruthven,
Sheriff of Perth, of George Hay as heir of his mother, Dame Mar-
garet Logy of Logyalmond, in the lands and barony of Logyalmond,
in the shire of Perth, which were then valued at two hundred merks,
and in time of peace at one hundred merks Scots, and were held in
chief of the Crown in free regality for payment yearly of a penny
Scots, in name of blench farm, if asked. Dated at Perth, 3d
October 1536,
10.5%. Instrument of Sasine, proceeding on a precept from Chancery
directed to the Sheriff of Perth and his bailies, in favour of George
Hay, son of Dame Margaret Logy of that Ilk, of the lands and
barony of Logyalmond. 31st October 1536, . º o ©
. 17.6%
17.7%
. 178%
180%
23.2% ABSTRACT OF ADDITIONAL CHARTERS [1416.
106%. Notarial Instrument on the Protest by the Procurator of George Page
Hay of Logy, before the Justiciary held at Edinburgh, 8th October
1537, that the lands of Logyalmond were held by the said George
in free regality, in proof of which the said Procurator produced a
charter from King David II., granting the said lands to John of
Logy in free regality, and other charters confirming the same.
Done at Edinburgh, 8th October 1537, . o - e . 18.2%
II.-ABSTRACT OF ADDITIONAL CHARTERS OF THE
GRANDTULLY FAMILY,
AS PRINTED PAGES 184%-191%.
107*. Letter of Resignation by Christian Mure, Lady of Brenschelis,
into the hands of John Hay of Tulibothy, her superior, of the lands
of Banqware, in the barony of Tulibothy and shire of Clackman-
man. Dated at Brenschelis, 8th July 1416, . º e . 18.4%
108°. Charter by the said John Hay, Lord of Tulibody, to Alexander
Stewart, Esquire, son of Sir John Stewart, Knight, Lord of Lorne,
of the said lands of Banchry, in consideration of the marriage
to be contracted between the said Alexander and Margaret, the
granter's sister : To be held by the said Alexander and his heirs
and assignees of the granter and his heirs in feu and heritage
for ever, for rendering the service due and wont. Dated at Tuli–
body, 15th July 1416, e e & o º e . 18.4%
1419.]
OF THE GRANDTULLY FAMILY.
1.09%.
1 10%.
I 1.1%.
Letter of Obligation by the said John Hay, Lord of Tulibothy, im-
pledging to the said Alexander Steuart the said lands of Tulibothy,
until he or his assignees had realized from the said lands the sum
of £126, 13s. 4d. Scots, payable in consequence of the said mar-
riage. Dated at Colane, 28th July 1416,
Charter of Confirmation by Robert Duke of Albany, Regent of
Scotland, of the charter No. 108* hereof, by John Hay of Tulibody
to the said Alexander Stewart and his heirs, of the said lands of
Banchory. Given under the Great Seal of the Regent, at Falk-
land, 19th June 1419,
Charter by Murdoch Duke of Albany, confirming a charter
granted about 1419, by Thomas of Abercrumby of that Ilk, to
John of Irelande, son of Robert of Irelande of Brinbane, for his
good counsel and assistance often rendered to the said Thomas,
of the lands of Brinbane, in the barony of Murthly, and shire of
Perth; which were to be held by the said John of Irelande and
his heirs of the said Thomas and his heirs for payment of two silver
pennies yearly, in name of blench farm, if asked only. Dated
22d March 1423,
Letter by the said Alexander Steuart, bearing that the Regent
Albany had confirmed the charter granted to him by the said John
the Haye, Lord of Tulibodi, of the lands of Tulibodi, in all points,
excepting the assignation made in the same to the assignees of the
said Alexander. Sealed with the seal of John Stewart, Earl of
Buchane, and dated at Fauclande, 19th June 1419, . e ©
. 18.6%
. 18.8%
1.12%.
190%
Zºº tº ºr."
23.4% ABSTRACT OF MISCE L LAWEOUS CHARTERS [1452.
III.-ABSTRACT OF MISOELLANEOUS CHARTERS IN
FAWOUR OF THE FAMILY OF STEUART, ETC.
AS PRINTED PAGES 191%-198.3%
113* Charter by King Robert II. to his son Robert Earl of Fife and
Menteith of the whole barony of Strathurde, with the lands of
Strabravne, Dysfer, and Twefer, and the Isle with the Loch of
Tay, in the shire of Perth, which belonged to Isabella Countess
of Fife, and had been resigned by her : To be held, the said
barony, with lands, isle, and loch foresaid, by the said Robert Earl
of Fife and Menteith and his heirs of the crown, in feu, heritage,
and free regality for ever, with four points belonging to the crown,
as freely as any regality was granted, under reservation to the
King and his heirs, of a pair of gilt spurs yearly at the Castle of
Strathurde, in name of blench farm, if asked only. Dated at
Page
Dunfermline, 12th August 1389, . e te tº tº . 19.1%
114*. Charter by King James II., under the Great Seal, to John Lord of
Lorn, of the whole lordship of Lorn, and barony of Innermeath in
the shire of Perth, and the barony of Redcastel in the shire of
Forfar: To be held by the said John Lord of Lorn, and the lawful
heirs-male of his body, whom failing, by the other heirs therein
mentioned, of the King and his successors, in feu and heritage, as
freely in all respects as they had been held by the said Lord of
Lorn before the resignation thereof into the hands of the King,
for new infeftment. Dated at Edinburgh, 20th June 1452, . 19.3%
1839.] IV FA VOUR OF THE FAMILY OF STEUART, ETC. 23.5%
---------- -
Pa e
115*. Charter by King James II. to the said John Lord Lorn of the g
whole barony of Innermeath, in the shire of Perth, and the lands
of Ennyrdomy and Baldenys, in the earldom of Strathern and
shire foresaid; also the lands of Coludrane and of Maw, in the
shire of Fife, and others therein mentioned, which belonged to
the said John heritably, and had been resigned by him : To be
held by the said John Lord Lorn and his heirs of the King and
his successors, as freely as they were held before the said resig-
nation. Dated 20th June 1452, . º e © º 195%
116°. Patent of the Arms of Sir William Drummond Steuart, Baronet,
of Grandtully, Murthly, and Logiealmond, granted by Robert Earl
of Kinnoull, Lord Lyon King of Arms, quartering the arms of
Drummond of Logiealmond and Mackenzie of Roystoun along
with his paternal arms of Steuart. Dated at Edinburgh, 15th
October 1839, . º e º ſº e e e 196°
PEDIGREE OF THE FAMILY OF STEUART OF GRANDTULLY.
I. WALTER, son of Alan (son of Flaad, a Norman). Founded the Abbey of Paisley in 1160. Was High
Steward of Scotland under King David I. Died in 1177, and was buried at Paisley.
II. ALAN, the second High Steward; from 1177 till 1204, when he died, and was buried at Paisley.
He was succeeded by his elder son.
III. WALTER, third High Steward; from 1204 till al, when he died, and was succeeded by his eldest son.
t
IV. ALEXANDER, fourth High Steward; from WALTER STEWART, married the Countess of Menteth, and in
1246 till 1283, when he died, and was buried her right he became Earl of Menteth. Killed by Edward I.
at Paisley. He had two sons. of England in 1296, aet. 76. A quo the Earls of Menteth.

V. JAMEs, fifth High Steward; from 1283 SIR JOHN STEwART of Bonkyl, married Margaret, daughter and
till 1309, when he died. Ancestor of the heiress of Sir Alexander Bonkyl of that Ilk, and had five
Stewarts Kings of Scotland, the last male sons and one daughter. He fell at the battle of Falkirk,
of whom was King James V. in 1298. -
| | |
I |
SIR ALEXANDER SIR ALAN STEwART of SIR WALTER VI. SIR JAMES STEwART SIR JOHN Iºna
STE w A R T of Dreghorn, ancestor of STEwART of of Pierston and War- STEwART, STEwART,
Bonkyl, created the Stewarts Earls Dalswinton. wickhill, flourished in ancestor married to
Earl of Angus and Dukes of Lennox, Ance stor, the reign of King of the Thomas
in 1357. An- and of King James VI. through an Robert the Bruce, and Stewarts Randolph,
cestor of the through Lord Darnley. heiress of fell at the battle of of Castle- Earl of
Stewarts Earls The last male heir was this Walter, Halidonhill in 1333, milk. Murray.
of Angus. Male Cardinal York, who of the Stew- leaving three sons.
line extinct in died in 1807. arts Earls of
377. Galloway.
SIR John STEwART of Pierston. He SIR ALAN STEwART VII. SIR ROBERT STEwART of Shanbothy and
had an only daughter, who married of Ochiltree. Innermeath. Under these designations he
Sir William Douglas (designated Died, S.p. received a charter of the lands of Dalzell
from her of Pierston). and others, 3d March 1362. He died, circa
1388. Two sons and one daughter.
w
VIII. SIR John STEwART of Innermeath, married the ROBERT, of Durisdeer, CATHARINE, married to
heiress of Eugene de Ergadia, Lord of Lorn, and ancestor of the John Bethune of Balfour,
was afterwards designated of Lorn. Stewarts of Rosythe. Fife.
A
GRAWDTULLY PEDIGREE CONTINUED. 23.7%
A
RoBERT Lord LoBN ARCHIBALD. SIR JAMEs, the IX. ALEXANDER STEUART, fourth son of John Lord
A ND INNERMEATH. The second Black Knight Innermeath and Lorn, was ancestor of the Steuarts
Created Lord Lorn in SOIl. of Lorn. He of Grandtully. On the resignation of his father, Sir
1439, which title was married Queen John (apparently the first Steuart of Grandtully), he
exchanged for that of Jane (of Lan- received a charter from Archibald Earl of Douglas of
Lord Innermeath. His caster), widow the lands of Grandtully, Kyltilich, and Aberfeldy,
descendant, the sixth of King James 30th March 1414. He married Margaret, sister of
Lord, was created Earl I., from whom John Hay of Tulliebodie, who granted to Alexander
of Athole in 1595. His the Earls of a charter of the lands of Banchory, in the barony of
male line failed in ATHoLE, BUCH- Tulliebodie, in contemplation of their marriage,
1625. AN, and TRA- dated 15th July 1416. He died before 10th July
QUAIR descend- 1449, when his son Thomas was designated of Grand-
ed. tully.—[Charter, No. 11.]
X. THOMAS STEUART, third of Grandtully, entered into an agreement with William, Abbot of Cupar, concern-
ing the marches of Murthly and Kyntully, on 10th July 1449.-[Charter, No. 11.] This Thomas, in Lord
Lorn's entail in 1452, is next in the substitution to Sir James, the Black Knight of Lorn. The name of
this laird's wife has not been discovered. He died in 1453, and was succeeded by his son Alexander.—
[Charters, Nos. 12, 13.]
XI. ALEXANDER STEUART, fourth of Grandtully, was served heir to his father, Thomas, in the lands of Grand-
tully, on 13th May 1462, and in the lands of Banchory on 2d June the same year; and both retours bear
that his father, Thomas, died about nine years previously. —[Charters, Nos. 12, 13.] He married Matilda,
daughter of Sir James Steuart, son of Murdoch Duke of Albany, and on 26th July 1468, they as spouses
received from Alexander Earl of Huntly a charter of the lands of Banchory.—[Charter, No. 15.] He died,
c. 1488, and was succeeded by his son,
XII. JoHN STEUART, fifth of Grandtully. On 5th July 1470, he received a charter from King James III. of
the lands of Grandtully, Kyltully, Aberfeldy, and Carnbow, on the resignation of his father, Alexander.
—[Charters, Nos. 16 and 17.] The name of his wife has not been ascertained. He died shortly after his
father, and before 13th March 1488 [No. 22,] leaving two sons,
THOMAS STEUART, sixth of Grandtully, was infeft in the lands XIII. ALEXANDER STEUART, seventh of Grand-
of Banchory, on 13th March 1488.--|Charter, No. 22.] He tully, who carried on the line of the family,
married Agnes, daughter of Sir William Murray of Tulli- succeeded his brother Thomas on 22d August
bardine. As spouses they received from King James IV. 1494. He interrupted and cassed a sasine
a charter of the lands of Grandtully on 2d July 1494.— given to Michael Murray of the lands of Garn-
[Charter, No. 23.] He died before 22d August 1494 tully.—[No. 26.] He was infefted in the lands
[Charter, No. 26, leaving an only daughter, of Aberfeldy on 5th July 1525.-[No. 34.] He
received a charter from King James V. of the
lands of Garntuly, Kyltoly, and Aberfeldy on
ELIZABETH STEUART, who was infeft in the lands of Grand- 28th April 1526.-[No. 36.] And on 1st March
tully on 12th January 1494 [Charter, No. 28, and married 1538, he resigned these lands and others in
Archibald Campbell of Skipnish. She resigned Grand- favour of his son, Thomas Steuart.—[No. 44.]
tully to her uncle Alexander. He married Margaret Murray, probably of
Tullibardine.—[Charter, No. 43.]
XIV. THOMAS STEUART, eighth of Grandtully, on the 14th March 1538, received a charter under the Great
Seal, on his father's resignation, of the lands of Grandtully, etc.—[No. 45.] He married his cousin, Mar-
garet Murray, daughter of William Murray of Tullibardine. They had three sons and one daughter.
B
2 Hº
B
XV. WILLIAM STEUART, ninth of Grandtully, ori- ALEXANDER STEUART JoHN STEUART JANET STEUART,
ginally of Aberfeldy; married, 1st, Margaret, of Carse of Dull: men- of Fondoynet. married George
daughter of Abercrombie of Murthly; and on his tioned in the will of Vide separate Robertson of
father's resignation they, as spouses, received a his brother William, Pedigree. Fascally. They
charter from Queen Mary, under the Great Seal, dated last February received a char-
of the lands of Aberfeldy on 2d Jan. 1545.-[No. 1574. He died without ter under the
51.] Margaret Abercrombie died soon after, and issue, before 1st July Great Seal, on
he married, 2dly, Isobella Stewart, daughter of 1609, when his nephew, 6th April 1567,
John third Earl of Athole. On the 22d April Sir Thomas Steuart of in which she
1552, they received a charter from Queen Mary Grandtully, was served is designated
of the lands of Aberfeldy.—[No. 53.] He died heir-male to him in the daughter of
on 2d March 1574. lands of Carse, etc.— Thomas Steuart
ſº Perth, No. of Grandtully.
197.
| * t
XVI. 1. SIR THOMAS STEUART, tenth of GRIZEL STEUART, XVI. 2. SIR WILLIAM STEUART, second son,
Grandtully, who received the honour of who died in No- eleventh of Grandtully. He was born in 1567.
knighthood from Queen Mary. He was vember 1579, s.p. As fiar of Grandtully he received a bond of
served heir of his father in the lands of manrent from Archibald seventh Earl of Ar-
Grandtully on 14th May 1575. He mar- gyle on 13th June 1610 and 28th December
ried Grizel, daughter of Sir Laurence 1611; as Sir William Steuart of Grandtully
Mercer of Meiklelour; and as spouses he received a bond of manrent from Alexander
they received a charter of the lands and Fleming of Mones.—[Charters, Nos. 58 and
barony of Grandtully on 15th Novem- 59.] He received various charters of Grand-
ber 1602. He died, s. p., between 13th tully, Murthly, and many other lands between
June 1610 and 28th December 1611. – the years 1609 and 1631. He married Agnes,
[Nos. 58 and 59.] daughter of Sir John Moncrieff of that Ilk.
He died in 1646, aged 79, and was buried in
the Chapel of St. Mary of Grandtully.
|
| -
XVII. 1. SIR THOMAS STEUART, SIRWILLIAM STEUART JAMEs, XVII. 2. HENRY STEUART, JoHN STEUART
twelfth of Grandtully, Knight. of Innerny tie.— who ap- who carried on the male of Balleid.
He married Grizel Menzies (of Wide Pedigree of the pears to line of the Grandtully Vide Pedi-
Weem). He died on 10th Au- Steuarts of Inner- have family. He was an advo- gree of the
gust 1688. A memoir of Sir nytie, infra. died cate at the Scottish bar, Steuarts of
Thomas is given, p. lxxxvii. young. and married Mary, daugh- Balleid,
ter of Colin Campbell of £nfra.
Aberuchel, and had two
sons and two daughters.
i |-
|
JOHN STEUART, JEAN, married Sir CICELY, married to John XVIII. SIR THOMAS HARRY, MARJORY,
thirteenth of James Mercer of Steuart of Arntully. STEUART of Blair, a Doctor married to
Grandtully, suc- Aldie. Issue fe- Issue unknown. Lord Balcaskie, was of Medi- William
ceeded his father male. created a baronet cine. Borthwick
in 1688. He en- ANNE, married James 2d June 1683. He of Pilmuir.
MARJORY, married
tailed the family -: - Seton of Touch. Issue. married Lady Jean
estates in 1717, * f º: Mackenzie, daugh-
and died at Dun- j O l * HELEN, married Thomas ter of George Earl
dee, in February SSl]6. IIl3,16. Crichton of Ruthven. of C rom a r tie. married
1720, S.p. A me- GRIZEL, married Sir Issue. Three sons and a Moncrieff
moir of him is John Drummond daughter. — º of Reedie.
given, p. cxxviii. of Logiealulond. ELIZABETH, married David moir, p. clxiii.
Issue male. Lord Newark. Issue.
C
GRANDTULLY PEDIGREE-CONTINUED. 23.9%
c
; I
THOMAS, SIR GEORGE STEUART, XIX. SIR JOHN STEUART, fifteenth of Grandtully, KENNETH MARGARET,
born in fourteenth of Grand- third baronet, born 29th September 1687. He STEUART born in
July tully, second baronet, married, first, Elizabeth, daughter of Sir James died un- July
1685. born 12th October 1686, Mackenzie, Lord Royston; secondly, Lady Jane married, 1685.
Died succeeded John Steuart Douglas, only sister of Archibald Duke of Dou- before
young. in 1720. He married glas. , Lady Jane Douglas died at Edinburgh, 20th
Anne, daughter of Sir on 22d November 1753. He married, third, the January
Archibald Cockburn of Honourable Helen. Murray, fifth daughter of 1721.
Langton. She died at Alexander Lord Elibank without issue. She
Dundee, on 20th August survived her husband, and died at Ormiston, on
1757. Sir George died at 29th December 1809, aet. 94. He died in June
Edinburgh, on 3d No- 1764, and was buried on the 22d of that month
vember 1759, in the 73d at Murthly. His hatchment is in the mortuary
year of his age, S.p.,and chapel there.—[Memoirs, p. clxxv.]
was buried at Murthly.

Of 1st marriage. Of 1st marriage. Of 2d Marrive
GEORGE XX. SIR JOHN STEUART,sixteenth of Grandtully, fourth ARCHIBALD STEUART, who suc-
STEUART, baronet. He married, at Ballechin, on 10th August ceeded to the estate of Douglas,
who died 1749, Clementina, daughter of Charles Steuart of and was created Lord Douglas.
young. Ballechin. She died at Murthly, on 10th February Wide separate pedigree.
1789. He died on 6th October 1797, and was
buried at Murthly. SHOLTO STEUART, who died young.
| |
XXI. SIR GEORGE STEUART,seven. JoHN STEUART, married Ann Douglas STEUART GRIZELL STEUART, mar-
teenth of Grandtully, fifth baro- Rattray, c. 1785. He died of Drummond ried, at Murthly,20th
net, born at Ballechin, on 17th at Perth, on 22d July 1810. Park, Logie- May 1788, Rev. Wil-
October 1750. He was educated He had two sons, unmarried. almond. liam Buckle. She
atWestminster School and Christ | died at Bansted Wi-
Church College, Oxford, 1765- JoHN, who died on 30th ARCHIBALD carage, on 12th Nov.
1773. Married, 16th : 1792, January 1865, unmarried. STEUART, died 1826
Catherine, eldest daughter of { in infancy.
John Drummond of Logieal- Fº CLEMENTINA STEUART,
mond. He died on 9th Dec. 1827, ple * married Alexander
and was buried at Murthly. Moray of Abercair-
Lady Steuart died in 1833. ney, in 1782.
SIR JOHN ARCHIBALD STEUART, XXII. SIR WILLIAM DRUMMOND GEORGE sºur, born CATHERINE,
eighteenth of Grandtully,sixth STEUART, born 26th December at Murthly, 3d Novem- born 26th
baronet. Born at Murthly, 1795, nineteenth of Grandtully, ber 1798, afterwards of August 1797,
25th October 1794. On the present and seventh baronet. Braco Castle, Perth- married, in
death of his mother, in 1833, Married, in May 1830, Christian shire. He died 1847, 1833, to
Sir John Steuart º º Steuart. Issue one son. - unmarried. Monsieur Des
the estate of Logiealmond, and ~! Ondes.
assumed the name and arms of Tºº at
Drummond, Married, 25th XXIII. WILLIAM GEORGE STELART . # º S ... CLEMENTINA,
January 1832, Lady Jane Steu- (a Major in the Army). Born in Abbé Č. º, e born 9th
art, eldest daughter of Francis February 1831. . He died at . € d * º, September
Earl of Moray, but died, S.p., Hythe, on Monday 19th, and jui º: 46 leCl OI) 1800.
at Paris, 20th May 1838, and was buried at St. Mary’s Church, y -
was buried at Murthly. Lady Grandtully, 26th October 1868, ARCHIBAL.D Dougi,As,
Jane survives him, and mar- aged 37 years. born at Newington
ried, secondly, L on s d a le House, Edinburgh, 29th
Pounden, M.D. August 1807.
PEDIGREE OF THE DESCEND ANTS OF SIR JOHN STEUART OF GRANDTULLY
AND LADY JANE DOUGLAS-STEUART.
ARCHIBALD STEUART DOUGLAS : born, along with his twin-brother Sholto (who died young), on 10th
July 1748, in the Faubourg St. Germain, Paris. Created Lord Douglas of Douglas Castle, 9th July
1790. Married, first, Lady Lucy Graham, only daughter of William second Duke of Montrose,
who died 13th February 1780.
marriage, three sons and one daughter.
Married, secondly, 13th May 1783, Lady Frances Scott, sister
of Henry third Duke of Buccleuch. Lord Douglas died on 26th December 1827.
Issue of first
Issue of second marriage, five sons and three daughters.
ARCHIBALD The º The HoNou RABLE The HON. J. A. M. Es, born The HoN. The HON. The HoN. The HoN. The HoN.
DOUGLAS, ABLE CHARLES JANE-MARGARET SHOLTO 9th July 1787. GEORGE HENRY CAROLINE FRANCES MARY
born 25th Douglas, born Douglas, born SCOTT Succeeded his DOUGLAS, DOUGLAS. LUCY ELIZABETH SIDNEY
March 1773. 26th Oct. 1775. 21st Dec. 1779. Douglas, brotherCharles born 2d DOUGLAS, DOUGLAS, DOUGLAS,
Succeeded Succeeded his M arried, 22d born 17th as fourth Lord August The HoN. born 16th born 9th born 16th
his father as brother asthird Nov. 1804, Henry Septem- Douglas, 10th 1788. JoHN February December July 1796.
second Lord Lord Douglas, James Lord Mon- ber 1785. September Captain Dougi,As. 1784. 1790. Married,
Douglas on in Jan. 1844. tagu of Bough- Died 1821, 1848. M a r- R.N.,died, Both died Married, Married, in 1821,
26th Decem- Died, unmar- ton,second son of S.]). ried, 18th May unmar- young. 27th Octo- 1826, Robert
ber 1827. ried, 10th Sep- Henry Duke of 1813, Wilhel- ried, in ber 1810, William Douglas
Died, un- tember 1848, Buccleuch: issue mina, daughter 1838. Admiral Moray of Strath-
married, and was suc- three daughters, of General the Sir George Stirling enry.
in January ceeded by his the eldest is Hon'ble. James Scott. of Ardoch.
1844. brother James | Murray. Died, She died Died 14th
as fourth lord. LUCY ELIZABETH S.p., 6th April 20th April Sept.
SCOTT DOUGLAS 1857. Tit, le 1857. 1854.
The HONOUR- of Douglas. Mar- extinct. The
ABLE WILLIAM
DOUGLAS, born
31st Oct. 1777.
Died young.
ried, 4th Decem-
ber 1842, Cospa-
trick - Alexander
Home, Earl of
Home, and has
had six sons and
three daughters.
The eldest son is
CHARLES-ALEXANDER,
LORD DUNGLAS.
est a t e s de-
volved on his
s is t e r, Jane
Lady Montagu.
:

241 *
PEDIGREE OF THE FAMILY OF STEUART OF INNERNYTIE,
IN THE PARISH OF KINCLEVIN AND SHIRE OF PERTH.
I. SIR WILLIAM STEUART, second son of Sir William Steuart of Grand-
tully, was ancestor of the Steuarts of Innernytie. In the year 1622, he
received a charter of the lands of Airleywight, in the shire of Perth ;
and on 10th July 1643 he received a charter of the lands of Luncarty,
in the same county. He married Mary Crichton, daughter and co-heiress
of John Crichton of Kinvaid and Innernytie, by whom he had one son
and two daughters. He died in 1672, and was succeeded by his son,
II. John STEUART of Innerny tie. He was retoured ANNA (ii. 244) ANNE STEUART, who mar-
heir of his father, Sir William, in the lands of In- STEUART, ried Sir John Drum-
nernytie, Mains of Kinclevin, the lands of Airlie- LADY LAWERS, mond of Machany, and
wight, and many other lands in the shire of Perth, mother of had two sons—
on 30th October 1672. —[Retours, Perth, No. 848.] John Campbell |
He married Jean Leslie, daughter of James Lord of Lawers, who WILLIAM, who succeeded
Lindores, by whom he had a son, John, who suc- was murdered to the title of Viscount
ceeded him. He died of fever at Edinburgh, on at Greenock Strathallan ; and
Sunday, 22d February 1680, and was buried at the in 1723.
“Abbey Kirk" on Thursday following.—[Vol. ii. ANDREW DRUMMOND, an
p. 251, No. 184.] eminent banker in Lon-
don.
III. JoBN STEUART was retoured heir of his ºl in the lands of Innernytie and others, on 8th July
1681.- [Retours, Perth, No. 910.] He joined the rebellion in 1715, and by Act of Parliament, 1st
of King George I., was with many others attainted of high treason, 13th November that year. He
married Mary, daughter of Sir James Mercer of Aldie, and had an only daughter, Anne. He died
in 1731.
IV. ANNE STEUART, who married, in 1723, David sixth Viscount of Stormont, and had issue two sons
and two daughters. The eldest son was
DAVID SEVENTH VISCOUNT OF STORMONT, who married, secondly, in 1776, Louisa,
third daughter of Charles ninth Lord Cathcart. Their eldest son was
WILLIAM EIGHTH VISCOUNT OF STORMONT, and third Earl of Mansfield. He married Frederica,
daughter of William Markham, Archbishop of York. Their eldest son is
WILLIAM DAVID, present Earl of Mansfield, who is the heir of line of the
Steuarts of Innernytie.
PEDIGREE OF THE FAMILY OF STEUART OF FUNGORTH
IN THE PARISH OF DUNKELD, AND OF BALLEID IN THE PARISH
OF KINLOCH, AND SHIRE OF PERTH.
I. John STEUART, fifth son of Sir William Steuart of Grandtully,
was ancestor of the Steuarts of Fungorth and Balleid. He mar-
ried Isobel, daughter of James Stewart of Ladywell, and had
by her two sons and two daughters. He died before 25th
November 1664; and his wife Isobel survived him, and married,
secondly, before 5th February 1670, John Blair of Ardblair.
i
|
JAMES
II. WILLIAM STEUART, succeeded his father in 1664. On the MARGARET ANNE
25th of November that year, he, under the designation of STEUART, STEUART, STEUART,
Prebendary of Fungorth, and as nearest heir of John a Writer Imarried married
Steuart of Fungorth, received from the Bishop of Dunkeld to Her John Alexander
a charter of novodamus, etc., of the lands of Fungorth. – Majesty's Steuart of Menzies of
[Original Charter at Murthly..] William and John Steuart Signet, Balnakillie. Rotmell,
of Balleid were Prebendaries of Fungorth, on 17th Febru- Edinburgh. brother of
ary 1690.-IGrandtully Inventory, p. 117, at Murthly.] Menzies of
William Steuart of Balleid married Marjory, eldest daugh- Weem.
ter of Colonel James Menzies of Culdares, by whom he
had four sons and three *
g
III. JoHN STEUART, ARCHIBALD PATRICK STEUART, a SUSANNAH AGNES MARGARET
who succeeded his STEUART, merchant and factor STEUART, STEUART, STEUART,
father, was an ad- Doctor of in Edinburgh, mar- married married married, first,
vocate at the Scot- Medicine, ried Margaret, daugh- Captain Patrick John Campbell
tish Bar. On 12th died with- ter of Patrick Stewart Archibald Stewart, of Lochdoch-
March 1697, he re- out issue. of Cardneys, and had Stewart of merchant in art; and,
ceived from his two Sons. Culdares. Edinburgh. secondly,
father, William, a WILLIAM David Stewart,
disposition of the STEUART, | -- brother to
lands of Fungorth; died in the JOHN ARCHIBALI) Steuart of
and he sold these East Indies, STEwART, STEwART, Ardvorlich.
lands to John Stell- without died young, died young.
art of Grandtullyby issue.
disposition, dated
9th March 1698. He
died without issue.
24.3%
PEDIGREE OF THE FAMILY OF STEUART OF FONDOYNET,
IN THE PARISH OF LOGIERAIT AND SHIRE OF PERTH.
I. JoHN STEUART, third son of Thomas Steuart, eighth of Grandtully, was ancestor of
the Steuarts of Fondoynet. He is designated brother-german of Sir William Steuart
of Gairntully in the year 1569. He married Bannerman, daughter of
George Bannerman of Middle Cardnie, in the county of Perth, and had a son,
Thomas, who succeeded him. He died c. 1605.
II. THOMAS STEUART, succeeded his father in Fondoynet c. 1605. He married
Steuart, daughter of Steuart of Foss, and had a son, John.
|
III. JoHN STEUART of Fondoynet, succeeded his father c. 1635. He, as John Steuart of
Fondoynet, was serving in Montrose's army in 1645.-IOriginal Deposition, dated 22d
February 1645, in Montrose Charter-Chest.] He married Dorothy, daughter of John
Steuart of Bonskeid, and had a son, Thomas Steuart, who succeeded him.
|
IV. THOMAS STEUART, as fiat of Fondoynet, served in Montrose's army in 1645.-[Deposition, ut supra. ]
He married Elizabeth Steuart, by whom he had two sons.—[Records of Parish of Logierait..]
|
V. ALEXANDER STEUART, who was baptized 12th October
1678, succeeded his father in Fondoynet. He married
Helen, daughter of Commissary Charles Steuart of Rot-
mell.—[Ibid.]
|
PATRICK STEUART, who was baptized
16th February 1676, seems to have
died young, during the lifetime of his
father.—[Ibid.]
| |
VI. JoHN STEUART of Fondoynet, was JEAN STEUART,
|
ALEXANDER STEUART, brother of John of
baptized 19th December 1702. He mar- Fondoynet, married Amelia, daughter baptized
ried Margaret, daughter of John Steuart of John Robertson of Gay. Their names 13th May 1704.
of Balnakely in 1723, their names having were booked for proclamation 29th July —[Ibid.]
been given up for proclamation 16th
1738.-[Ibid.] Alexander died in Sep-
June that year.—[Ibid.] tember 1788.-[Ibid.]
|
VII. I. JoBN STEUART,
was baptized in 1724 .
—[Ibid], and was in
possession of Fondoy-
net in 1739.
|
VII. 2. ALEXANDER STEUART, born 12th and baptized
13th August 1756.-[Ibid.] He married, on 20th July
1785, Marjory Stewart, daughter of William Stewart
in Dalcalloch.--[Ibid. ; and Records of the Parish of
Blair Athole.] He died in 1820, and was succeeded
by his son Alexander.—[Sasine dated 2d October 1820,
General Register of Sasines, vol. 1178, fol. 32.]
|
|
CHARLEs STEUART,
was baptized 27th
December 1745. —
[Ibid.]
MARGARET STEUART,
|
VIII. ALEXANDER STEUART, was
born 16th July 1788.
born 17th April 1807.-[Records of
Parish of Logierait..] He was in-
fefted as heir of his father, Alex-
ander, in the lands of Easter and
Wester Findynetts, etc., on 2d Oc-
tober 1820, on a precept by the
superior, Major James Alston of
Auchenhard.—[Sasine, ut Supra.]
|
f
|
IX. John STEUART, M.D., succeeded his father c. 1855, and died in 1868, leaving by
his wife two daughters, Mrs. Hamilton and Mrs Peter, in Aberfeldy.
|
John STEUART, !, 11th September
1786. –[Records of Parish of Logierait..]
WILLIAM STEUART, born 28th July
MARJORY STEUART,
g born 15th June 1802. –
[Records of Parish of
Logierait..]
Ame &
1792.-[Ibid.]
ROBERT STEUART, born 10th January
1795.-[Ibid.]
CHARLEs STEUART, born 1st May
1799. – [Ibid.]
244*
PEDIGREE OF THE FAMILY OF DRUMMOND OF LOGIEALMOND,
IN THE COUNTY OF PERTH.
JAMES THIRD I.
EARL OF PERTH.
Died 1662.
|
JAMES FOURTH
EARL OF PERTH,
was created Duke
of Perth by King
James VII. From
him descended the
subsequent Dukes
of Perth. The di-
rect male line
failed on the
death of Edward
styled Duke of
Perth in 1760.
SIR JOHN DRUMMOND, first of Logiealmond, was the third son of John
second Earl of Perth and Lady Jean Ker, eldest daughter of Robert
first Earl of Roxburgh. Previous to his acquisition of Logiealmond,
he possessed Burnbank, formerly belonging to the family of Mushet,
and now part of the Blair-Drummond estates, in the lordship of Kin-
cardine and county of Perth, and he was designated of Burmbank till
about the year 1670.-[Vol. ii. p. 179, No. 114; p. 196, No. 130.] On
3d October 1671, under the designation of Sir John Drummond of
Logie, Knight, he received from Robert Bishop of Dunblane, a lease
of the teinds of the Mains of Logie and others, in the parish of Monzie
and diocese of Dunblane.—[Original Lease at Murthly..] On 31st July
1674, he also, under the same designation, received from Henry,
Bishop of Dunkeld, a lease of the teinds of Little Findowie, in the
parish of Little Dunkeld and shire of Perth. –[Original Lease, ibid.]
Sir John married Grisel, third daughter of Sir Thomas Steuart of
Grandtully. Their contract of marriage is dated 18th August 1664,
and her tocher was 20,000 merks. –[Original Contract, ibid.]. Sir
John died before 22d July 1678 (survived by his wife), and was suc-
SIR WILLIAM
DRUMMOND,
second Earl
of Roxburgh,
whose grand-
son, John
fifth Earl of
Roxburgh,
was created
Duke of Rox-
burgh on 27th
April 1707.
He was the
ancestor of
the present
Duke of
Roxburgh.
ceeded by his eldest son.
II. THOMAS DRUMMOND, second of Logiealmond. He was born in
the year 1673, as appears from his portrait at Murthly, painted
by Alexander in 1735, when Thomas was aged 62. As eldest
son of the deceased Sir John Drummond of Logiealmond, he,
on the 22d July 1678, received from General William Drum-
mond of Cromlix a lease of the teinds of Condycloich, etc., in
the parish of Foulis and shire of Perth.—[Original Lease at
Murthly..] He also received from William Viscount of Strath-
allan a disposition of the teinds of Dalnacloich, etc., dated 21st,
25th, and 26th October 1700.-[Extract Disposition, ibid.] On
21st March 1707, he received from Queen Anne a lease of the
teinds of Logy, etc. He distinguished himself at the battle of
Sheriffmuir in 1716, having emptied sixteen saddles of his op-
ponents. He was in the army of the Earl of Mar, and was
made a prisoner, and taken to the castle of Carlisle. He after-
wards obtained a pardon from the Crown. He married, first,
Anna, daughter of Patrick Lord Kinnaird, without issue; second,
about the year 1722, his first cousin, the Honourable Grizel
Leslie, fourth daughter of David second Lord Newark. She
survived her husband, and died at Logiealmond on 12th July
1761. After being in possession of Logiealmond for upwards of
seventy years, this laird died on 18th December 1757, without
surviving issue.—[Retour of John Drummond, nephew of
Thomas, 21st February 1758, in which Thomas is called grand-
son of the Earl of Perth.]
--
MR. WILLIAM DRUMMOND,
second son of Sir John,
and brother of Thomas,
was proprietor of Bal-
lathie, in the county of
Perth. He is styled bro-
ther of Logiealmond by
James Marquis of Drum-
mond, in a letter dated
26th December 1704.—
[Vol. ii. p. 291, No. 224.]
In the retour of his son
John, 21st February
1758, to his uncle
Thomas, he is designat-
ed William Drummond
of Ballathie. —[Decen-
nial Indexes of the Ser-
vices of Heirs in Scot-
land.] He married Eliza-
beth, daughter of George
Oliphant of Clashbeny.
He died in June 1724.
A
GRISEL,
living
at Logie
on 11th
October
1686. –
[Letter
from
her.]
THE DRUMMONDS OF LOGIEA L MOVD. 245*
Lady Catherine died in 1791.
A
III. JoHN DRUMMOND, third of Logiealmond, born in August 1713. He DOCTOR THOMAs MARY,
succeeded his father, William Drummond, in Ballathie, and he was DRUMMOND, was named in
designated of Ballathie till he succeeded to Logiealmond. He was a minister in the letters of
served heir to his father on 14th January 1741. He was also served EpiscopalChurch Lord John
heir to his uncle Thomas, in Logiealmond, Fandowie, Mouling, Bal- in Scotland. He Drummond
lathie, Kercok, etc., in the shire of Perth, 21st February 1758.-[De- died at Edin- in 1744,
cennial Indexes of Services of Heirs in Scotland.] He entered the burgh, on 23d and in en-
service of the King of Prussia, under Marshal Keith, and he was November 1766, tail by her
aide-de-camp to Frederick the Great, King of Prussia, in 1750. He and was buried brother
married, at Perth, 8th January 1761, Lady Catherine Murray, second in the Chapel of John, 12th
daughter of William third Earl of Dunmore. He died at Logie- Holyrood. February
almond, on 9th September 1776, leaving two sons and five daughters. 1767.
l
||||
IV. The Right * SIR WILLIAM
JAMES CHARLES MARIA DRUMMOND,
Knight of the Crescent, fourth of Logie-
almond, born at Logiealmond on 8th,
and baptized 26th September 1769, was
served heir of provision and in general of
his father, John, 4th February 1778. –
[Decennial Indexes of Services of Heirs
in Scotland.] He sold the lands of Ba-
lathie and Kercok. He was educated at
the University of St. Andrews, where he
went through a regular course of philo-
sophy; and he afterwards became a dis-
tinguished statesman and diplomatist.
In 1796 he was elected Member of Par-
liament for Lestwithiel. In 1802 he
was envoy and minister-plenipotentiary
to the Court of Sicily. In 1804 he was
appointed a privy-councillor, and in
1808 he was again minister at the Court
of Sicily. Sir William was also distin-
guished as a man of letters. He was
author of a Dissertation on the Govern-
ment of Greece, of a Translation of the
Satires of Persius, etc. He married, in
December 1794, Harriet, daughter of
Charles Boone of London, M.P. Sir
William Drummond died at Rome, on
29th March 1827, and was succeeded by
his sister Catherine (Lady Steuart).
THOMAS CATHERINE DRUMMOND,
GEORGE,
baptized
9th De-
cember
1771.
He died
at the
baptized 11th Febru-
ary 1762. Married Sir
George Steuart of
Grandtully, and had
five sons and two daugh-
ters. She died in March
1833, when her eldest
son, Sir John Archi-
bald Drummond Steu-
art, succeeded to the
estate of Logiealmond.
He was succeeded in
1838 by his next
brother, Sir William
Drummond Steuart,
who sold Logiealmond,
in 1842, to the Earl of
Mansfield for £203,000.
ELIZABETH DRUMMONH),
baptized 16th June
1763. Died at Logie-
almond, on 5th July
1842, unmarried.
FRANCES MARIE, bap-
tized 27th September
1764. She purchased,
in 1843, Braco Castle,
where she died, in Sep-
tember 1845, unmarried.
MARY, baptized 8th Jan-
uary 1766. She died
unmarried.
CHARLOTTE ANNA, bap-
tized 5th February 1768.
Died young, and un-
married.
LOUISA CLEMENTINA,
baptized 25th Febru-
ary 1774. Married, at
Murthly, on 13th De-
cember 1797, 1st, Lieu-
tenant Cecil of the
Windsor Foresters, is-
sue two children; and
2dly, on 13th Septem-
ber 1805, Robert Steuart
of Alderston, in the
county of Haddington,
by whom she had issue
three children.
2
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